The chair of the National Review Panel (NRP) said the panel's "overarching conclusion" from its examination of the disappearance of schoolboy Kyran Durnin is that what happened "could not have been anticipated from knowledge that was available" to Tusla at the time, reports RTE.
Kyran Durnin was reported missing from his home in Drogheda, Co Louth in August 2024, although the last confirmed sighting of him occurred in June 2022 when he was six years old, reports RTE.
The NRP conducts assessments in situations where children in care, aftercare, or known to child protection services die or experience serious incidents.
The review into the case of Kyran Durnin, who remains missing and is presumed dead, was finalised over a month ago but cannot be released on the advice of the Attorney General, reports RTE.
Minister for Children, Disability and Equality Norma Foley said that legal guidance indicated publishing the report now would not be possible "given the potential to prejudice any potential prosecutions", reports RTE.
She said she was however able to publish a series of recommendations arising from the review today, reports RTE.
Dr Helen Buckley, head of the NRP, stated that "the over-arching conclusion of this review is that the serious incident which elicited it could not have been anticipated from knowledge that was available to the Tusla Social Work Department at the time", reports RTE.
She also noted that although the review highlights "practice and policy weaknesses, it does not infer a direct or causal link between them and the outcome for Kyran", reports RTE.
The review's recommendations include improved tracking of pupil movement between primary schools, including across borders, a reassessment of GDPR matters, and updated guidance for social workers.
It also calls for a reassessment of the joint Tusla/An Garda Síochána protocol, reports RTE.
The recommendations must be acted upon by a range of departments and agencies, and Minister Foley said she is committed to ensuring all necessary measures arising from the NRP's findings in the Kyran Durnin case are implemented.
She explained that she has already begun engaging with departments and agencies, including Tusla, which has commenced work on recommendations within its remit, reports RTE.
Minister Foley said the "recent tragic cases are of the deepest concern to everybody both in Government and across society", reports RTE.
Speaking to journalists at Government Buildings this afternoon, she reiterated that she had wanted to publish the full report into the Kyran Durnin case but could not do so due to legal advice from the Attorney General, reports RTE.
She described it as a "heartbreaking case", reports RTE.
Regarding the NRP's findings, Minister Foley said she has met with Dr Buckley, reports RTE.
She said Dr Buckley made it clear she believed the material should be in the public domain, and that this reflected both her own view and the view of the panel, reports RTE.
Minister Foley said she accepts the findings of the review and has confidence in Dr Buckley's work and that of her team, and also affirmed her trust in Tusla, reports RTE.
She noted that more than 5,800 children are currently in Tusla's care, the majority of whom are in foster placements.
Tusla CEO Kate Duggan said that incidents of this nature are distressing for everyone involved and stressed that it is "critical that we as an agency review our interactions with the child, family, and other services, and that we seek an independent evaluation of that engagement from the National Review Panel", reports RTE.
In her statement, Ms Duggan said that her commitment as CEO is "full transparency and meaningful reform so that we can as an agency and in collaboration with other stakeholders ensure we are doing all we can to safeguard and protect children", reports RTE.
Minister Foley also received Cabinet approval this week to publish the Child Care (Amendment) Bill 2025, which would formally place the NRP on a statutory footing, reports RTE.
Doing so will grant the NRP additional powers, including the ability to compel individuals or agencies to provide information or evidence, as well as the authority to publish its own reports.
The minister said the panel is "respected for the independence of its work but putting it on a statutory basis will strengthen it in this regard", reports RTE.
Among the key elements of the Child Care (Amendment) Bill 2025 is a new "duty to cooperate" between relevant organisations, including Tusla and Government departments.
This duty will require bodies to actively collaborate in performing functions linked to the development, protection, and welfare of children, reports RTE.
It will also provide a clear framework for information sharing among agencies working together on child protection and welfare issues.
The minister also said that a new office for children absent from education has been established, allowing principals concerned about prolonged absence to file a report, reports RTE.
She said that to her knowledge one case reported through this new office remains a concern and has been referred to An Garda Síochána, adding that she became aware of this case within the last day, reports RTE.
Although the Attorney General advised against publishing the full report into the case of Kyran Durnin, he said that releasing the recommendations was permitted, reports RTE.
These recommendations include the creation of a policy to track pupil movement between primary schools, including movements across jurisdictions on the island.
Another recommendation calls for clear clarification of how GDPR impacts Tusla's capacity to assess children, reports RTE.
The review also identifies three further areas -- relating to best practice and procedural guidance -- that Tusla must address in updating instructions for social workers involved in child safeguarding, reports RTE.
It also states that Tusla must ensure social work teams are proactive in managing wait-listed cases that have been screened but remain unassessed after a defined period, or where a child cannot be located.
The review says Tusla should create a standardised framework and policy for quality assurance, communication, review, and documenting positive outcomes with partner family support agencies, reports RTE.
Finally, it recommends revising An Garda Síochána's 2021 Working Protocol to establish a high-level serious case forum in exceptional cases where criminal investigation and child protection duties are fully shared, reports RTE.
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