What are my responsibilities as a mandated person?
The Children First Act 2015 has placed a statutory obligation on specific people to report child protection concerns that are at or above a threshold of harm (as defined in that Act) to Tusla. Such persons are referred to as “mandated persons” under the Act. All teachers who are registered with the Teaching Council are mandated persons under the Children First Act 2015. Registered teachers, as mandated persons, have two main statutory obligations under the Children First Act 2015: (a) to report any knowledge, belief or reasonable grounds to suspect that a child has been harmed, is being harmed or is at risk of being harmed to Tusla, and (b) to assist Tusla in assessing a concern, which has been the subject of a mandated report, if requested by Tusla in accordance with the Act.
What should I do if I believe that a child has been, is currently being, or is at risk of being neglected or abused?
If a teacher has a suspicion or receives an allegation that a child has been, is currently being, or is at risk of being abused or neglected, they have a statutory obligation to report the matter without delay to their school’s designated liaison person (DLP).
What will happen after I report this matter to the DLP?
Arising from this report: the DLP must make a written record the DLP and teacher will consider if there are reasonable grounds for concern if reasonable grounds exist, the DLP and teacher must consider if concern is at or above the defined threshold of harm – the latter is clearly set out in Chapter 4 of the ‘Child Protection Procedures for Primary and Post-Primary Schools 2017’ if the DLP and teacher consider that the concern is at or above such a threshold, they shall, as soon as is practicable, jointly submit a mandated report to Tusla using the Tusla report form the DLP at all stages of this process can consult with and seek advice from Tusla. If Tusla decides to further investigate the submitted mandated report, the teacher is required, if requested, to assist Tusla in the assessment of the child protection risk.
What are the types of abuse/neglect and what is the defined threshold of harm for each one?
1. Neglect
Neglect is defined as: “to deprive the child of adequate food, warmth, clothing, hygiene, supervision, safety or medical care”. The threshold of harm is reached when a teacher knows, believes or has reasonable grounds to suspect that a child’s needs have been neglected, are being neglected, or are at risk of being neglected to the point where the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected.
2. Emotional abuse/ill-treatment
Ill-treatment is defined as: “to abandon or cruelly treat the child, or to cause or procure or allow the child to be abandoned or cruelly treated”. Emotional abuse is covered in the definition of ill-treatment. The threshold of harm is reached when a teacher believes or has reasonable grounds to suspect that a child has been, is being or is at risk of being illtreated to the point where the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected.
3. Physical abuse
Physical abuse is covered in the references to assault in the Children First Act, 2015. The threshold of harm is reached when a teacher knows, believes or has reasonable grounds to suspect that a child has been, is being or is at risk of being assaulted and that as a result the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected.
4. Sexual abuse
A teacher who knows, believes or has reasonable grounds to suspect that a child has been, is being, or is at risk of being sexually abused has a statutory obligation to report this to Tusla. As all sexual abuse falls within the category of seriously affecting a child’s health, welfare or development, all concerns about sexual abuse must be submitted as a mandated report to Tusla. There is one exception, which deals with certain sexual activity between older teenagers, which is outlined in section 4.7 of the ‘Child Protection Procedures for Primary and Post-Primary Schools 2017’.
What are the consequences of not reporting?
The Children First Act 2015 does not impose criminal sanctions on mandated persons who fail to make a report to Tusla. However, if after an investigation it emerges that you did not make a mandated report and a child was subsequently left at risk or harmed. Tusla may: make a complaint about you under the fitness to teach provisions of the Teaching Council Acts 2001-2015 pass information about your failure to make a report to the National Vetting Bureau of An Garda Síochána. This information could therefore be disclosed to your current or future employers when you are next vetted.
Are there any changes to what will happen if allegations are made against school personnel?
The reporting procedure in respect of the allegation/suspicion has been changed as outlined above. The procedure for dealing with an employee remains largely unchanged from the last procedures, except there is now greater clarity around the convening of a board of management meeting, informing Tusla, and the role of Tusla in sharing information with the school employer during an assessment of an allegation. For more information see Chapter 7 of the ‘Child Protection Procedures for Primary and Post-Primary Schools 2017’.
Are there changes on what schools are obligated to do in relation to child protection?
The Children First Act places statutory obligations on schools to ensure, as far as it is practicable, that children are safe from harm while availing of their services and to undertake an assessment of any potential for harm to a child while availing of their services and to produce a safeguarding statement. Schools must use the Department of Education and Skills (DES) templates for the statement. Copies of this statement must be provided to school personnel, the parents’ association, and on request, to parents and members of the public. This statement must be reviewed annually. For more information, see Chapter 8 of the ‘Child Protection Procedures for Primary and Post-Primary Schools 2017’. The Children First Act also places a new set of oversight requirements on boards of management. For more information, see Chapter 9 of the ‘Child Protection Procedures for Primary and Post-Primary Schools 2017’ for more information.