The State's childcare system is failing to protect some of its most vulnerable, according to a report published by the Ombudsman for Children's Office (OCO).
The report titled 'Let's get it right' states that the system is not currently operating in the best interests of all children.
Last year, 19% of all complaints to the OCO related to Tusla which led the Ombudsman for Children to examine the care system.
The OCO looked at all aspects of care from family-based placements to high-support and after-care services.
It has stated that there is an opportunity to make "a once in a generational change to the system".
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Traditionally, Ireland has had a very high rate of foster-based care when compared to other European countries.
While levels remain high (above 80%), there has been a seven-percentage point decrease in the proportion of children in foster care in the past ten years.
Much of this is due to lack of financial support from the State, according to the OCO.
There is significant concern regarding kinship carers - where a child who cannot live with their parents is looked after by relatives or close family friends instead of going into foster or residential care.
Children in informal kinship care face "significant disadvantages" compared to those in State-supported care, according to the report.
Kinship carers frequently struggle with legal insecurity, as they may not have guardianship rights, making it difficult to make medical or educational decisions for the child.
Financial hardship is another major concern, as informal kinship families receive far less financial support than foster carers, increasing the risk of poverty.
While the OCO has welcomed a commitment in the Programme for Government to develop a policy to help address the legal and financial gaps for kinship carers in Ireland, the Ombudsman wants to see this progressed as soon as possible.
As a result of a decline in the number of foster care placements in recent years, the number of children in residential care run by private providers has increased.
A shortage of foster care places also means that younger children are increasingly being placed in residential care, which the OCO has said "is totally inappropriate for their needs".
It has pointed out that children can be placed at further risk in private settings due to high staff turnover which could lead to a lack of proper oversight and inappropriate supports and services.
Tusla aimed "to incrementally reverse" its "disproportionate dependency on private residential care" from 60% to 50% in its 2022-2025 residential care strategic plan, however 69% of residential care is now privately provided, according to the OCO report.
The experiences of children in the report show that in several cases young people were placed in unsafe environments or denied basic supports.
Others struggled to maintain family connections or were left in inappropriate placements for years due to a lack of suitable alternatives.
The OCO has said that children in State care must be treated as "a national priority" or the system will continue to fall short of its obligation to protect and uphold the rights of those it is meant to serve.
It says investment in early intervention and prevention services is required as well as increasing supports for foster carers and recognising kinship carers.
It suggests banning unregulated placements, strengthening aftercare supports up to age 26, improving services for children with disabilities and unaccompanied minors, and ensuring children's voices are heard in decisions affecting their lives.
Irish care system 'a concern for a number of years' - Ombudsman
Speaking on RTÉ's News at One, the Children’s Ombudsman Dr Niall Muldoon said issues with Ireland’s care system "had been a concern for a number of years".
"We've got a number of complaints directly from children, from GALs (guardians ad litem) and from various other people, but also publicly there's been a lot of outcry from judges and the judiciary in regards to special care and other aspects of care.
"We wanted to take a look at it in its totality," Dr Muldoon said.
He added: "There's also a brilliant opportunity now because the Government are creating a brand-new alternative care strategy for the first time ever, and at the same time, they're also reviewing the Child Care Act from 2001.
"It's a really old act; there’s an opportunity here to make a better system come forward. That's where we felt (there) was an opportune time to put it out there."
The Department of Children, Disability and Equality said that the National Policy Framework for Alternative Care is currently in development and is expected to be delivered this summer.
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"It will articulate the State’s vision for alternative care, focus efforts to address existing challenges, and most importantly improve outcomes for children and their families.
"The consultation has included strong engagement from a whole host of stakeholders involved in alternative care, including the Ombudsman for Children’s Office, along with children and young people, young adults with care experience, key workers and many more," the department said in a statement.
It added that when the Child Care (Amendment) Bill, 2025, passes into law it will reflect "legislative, policy and practice developments that have taken place in the child welfare and protection sector since the 1991 Act was first introduced".
Tusla said in a statement that the demand for its services has grown significantly in recent years, along with the nature and complexities of cases that are presenting.
The child and family agency said it received almost 106,000 referrals last year.
"Over the last three years Tusla has increased placement capacity, including the opening of an additional 75 residential care homes.
"However, in the context of increased demand, particularly due to a 500% increase in separated children seeking international protection since 2022, Tusla is facing significant and ongoing challenges in sourcing appropriate accommodation.
"At the end of 2025, there were 5,879 children in the care of the State, with 86.0% (5,058) in foster care and 10.3% (609) in a residential care (general and special care) placement, and the majority of these children and young people are living in loving and secure environments with their foster carers, and receiving high quality care from committed staff in residential care homes across the country," Tusla said.
