
This policy document has been drawn up by staff, parents and Board of Management of St. Mary’s NS in response to recent changes in legislation. The policy takes account of the provisions of the following legislation:
The Education Act 1998. The Education Welfare Act 2000. The Protection of Persons Reporting Child Abuse Act 1993. Education for Persons with Special Educational Needs Act 2004. Safety, Health at Work Act, 2005.
In all instances of suspicion or allegations of abuse or neglect, the following guidelines will be referenced.
The aims of the Child Protection Policy are to:
Child abuse can be categorised into four different types:
Neglect can be defined in terms of an omission, where the child suffers significant harm or impairment of development by being deprived of food, clothing, warmth, hygiene, intellectual stimulation, supervision and safety, attachment to and affection from adults (3.2.Children First).
Emotional Abuse is normally to be found in the relationship between caregiver and a chld rather than in specific events or patterns of events. It occurs when a child’s needs for affection, approval, consistency and security are not met. Unless other forms of abuse are present, it is rarely manifested in terms of physical signs or symptoms (3.3 Children First)
Sexual abuse occurs when a child is used by another person for his/her gratification or sexual arousal (3.5 Children First)
More details of each type of abuse is contained in Appendix 1, p.125, Children First)
The recognition of abuse normally runs along three stages:
An abused child is likely to be under severe emotional stress and staff members may be the only adult whom the child is prepared to trust. Great care should be taken not to damage that trust.
When information is offered in confidence, the member of staff will need tact and sensitivity in responding to the disclosure. The member of staff will need to reassure the child and retains his/her trust while explaining the need for action and the possible consequence, which will necessarily involve other adults being informed. It is important to tell the child that everything possible will be done to protect and support him/her, but not to make promises that cannot be kept e.g. promising not to tell anyone else. While the basis for concern must be established as comprehensively as possible, the following advice is offered to school personnel to whom a child makes a disclosure of abuse.
This written information (pink reporting form) should be given to and retained by the DLP
All Boards of Management must designate a senior member of staff to have specific responsibility for child protection. This person will be the Designated Liaison Person for the school in dealing with the Health Boards, Garda Síochána and other parties in connection with allegations of abuse. Those other parties should be advised that they should conduct all matters pertaining to the processing or investigations of alleged child abuse through the Designated Liaison Person (DLP).
Where the Designated Liaison Person is unavailable for whatever reason, arrangements should be in place for another nominated member of staff to assume his/her responsibility .i.e. the Deputy Designated Liaison Person.
The Principal, Niall Madden, will act as DLP following ratification by the Board of Management. The Deputy Liaison Person is the Deputy Principal. The DLP has specific responsibility for child protection and will represent the school in all dealings with Health Boards, Garda Síochána and other parties, in connection with allegations of abuse.
If the school employee and the Designated Liaison Person are satisfied that there are reasonable grounds for the suspicion or allegation the DLP should report the matter to the relevant Health Board immediately. It may be useful to note:
It is recommended that all reports should include as much as possible of the information sought in the Standard Reporting Form. Since all information requested may not be available to the person making the report, the form should be completed as comprehensively as possible. When such a report is being made to the Health Board, the Chairperson of the Board of Management should be informed.
In the case where the school personnel have concerns about a child, but are not sure whether to report the matter to the appropriate health board, they should seek appropriate advise. To do so, the DLP should consult the appropriate health board staff. In consulting the appropriate health board staff, the DLP would have to give identifying details as are required when a report is being made. If the health board advises that a referral should be made, the DLP should act on that advice.
In following the discussion outlined, the DLP decides that the concerns of the school employee should not be referred to the relevant Health Board, the school employee should be given a clear statement, in writing, as to the reason why the action is not being taken. The school employee should be advised that, if he/she remains concerned about the situation, he/she is free to consult with or report to the health. Again, the standard reporting form (see template) of these guidelines should be used. Any such report would be covered by the Protection for Persons Reporting Child Abuse Act, 1998.
All information regarding concerns of possible child abuse should be only shared on a need to know basis, in the interest of the child. The test is whether or not the person has any legitimate involvement or role in dealing with the issue.
Giving information to those who need to have that information for the protection of the child who may have been or has been abused, is not a breach of confidentiality.
The DLP who is submitting a report to the Health Board or Garda Síochána should inform a parent/guardian, unless doing so is likely to endanger the child or place that child at further risk. A decision not to inform a parent/guardian should be briefly recorded together with the reason for not doing so.
In emergency situations, where the health board cannot be contacted, and the child appears at immediate and serious risk, an Garda Síochána should be contacted immediately. Under no circumstances should a child be left in a dangerous situation pending health board intervention.
The protection for persons Reporting Child Abuse Act 1998, provides immunity from civil liability to any person who reports suspicions of child abuse reasonably and in good faith to designated officers of Health Boards, or any member of an Garda Síochána. This means that even if a reported suspicion of child abuse proves unfounded, a plaintiff who took an action would have to prove that the reporter had not acted reasonably and in good faith making the report.
The Act provides significant protection for employees who report child abuse. These protections cover all employees and all forms of discrimination up to and including dismissal.
The Protection for Persons Reporting Child Abuse Act, 1998 came into operation on 23rd January 1999. It main provisions are:
The provision of immunity from civil liability to any person who reports child abuse reasonably and in good faith to designated officers of Health Board or any member of the Garda Síochána.
The provision of significant protections for employees who report child abuse. These protections cover all employees and all forms of discrimination up to and including dismissal.
The creation of a new offence of false reporting of child abuse where a person makes a report of child abuse to the appropriate authorities knowing that statement to be false. This is a new criminal offence designed to protect innocent persons from malicious reports.
While the legal protection outlined above only applies to reports made to the appropriate authorities (i,e, Health Boards and an Garda Síochána), Common Law qualified privilege continues to apply as heretofore. Consequently, should a Board of Management member or school personnel furnish information with regard to suspicions of child abuse to the DLP or Chairperson of the Board of Management, such communication would be regarded under common law as having qualified privilege.
Qualified privilege arises where the person making the communication has a duty to do so, or a right, or interest to protect the child and where the communication is made to a person with a similar duty, right or interest. The person making the report, acting in loco parentis, would be expected to act in the child’s best interests and in making the report would be regarded as acting in such a manner. Privilege can be displaced only where it can be established that the person making the report acted maliciously. Furthermore, those reporting a child’s disclosure are not regarded as making an allegation as a matter of charge, but simply carrying out of their duty in good faith. They are not accusing or bringing a charge.
Freedom of Information Act 1997
Reports made to Health Boards may be subject to provisions of Freedom of Information Act 1997, which enables members of public to obtain access to personal information relating to them which is in the possession of public bodies. However, the Act also provides that public bodies may refuse access to information obtained by them in confidence.
The following programmes are already in place in the school
Staff development and in service. The DLP will inform staff of current practices and relevant in service training courses; staff in – service in school on related topics.
The following school policies which compliment the Child Protection Policy are already in place in the school:
This policy was ratified by the Board of Management on 04/04/2017