Child Protection Resource Bundle

Child Protection

Revised November 6th, 2023

Glossary of Terms Ancillary Staff

Board of Management (BoM) Employees other than Teachers or SNAs e.g.

Secretary, Caretaker, Cleaner etc.

BoM

Board of Management

Child

A person under the age of 18 who is not or has not been married

Child Abuse

As defined in Chapter 2 of ‘Child Protection Procedures for Primary and PostPrimary Schools (Revised 2023)’

Children First

‘Children First: National Guidance for the Protection and Welfare of Children 2017 (DCYA)’

CP

Child Protection

CPSI

Child Protection and Safeguarding Inspection

CPOR

Child Protection Oversight Report

DES

Department of Education & Skills

DCYA

Department of Children and Youth Affairs

DLP

Designated Liaison Person – normally the Principal

DDLP

Deputy Designated Liaison Person – usually the Deputy Principal

Harm

As defined in Section 2 of Children First Act 2015

HSE

Health Service Executive

Mandated and Non-Mandated Persons

In a school context, all Registered Teachers are Mandated Persons. All other members of the School Staff are Non-Mandated Persons

DE Procedures

‘Child Protection Procedures for Primary and Post-Primary Schools (Revised 2023)’

Risk

Any potential for harm to a child availing of a service

School Staff

The term School Staff refers to all Staff employed by the BoM in a school.

This includes Teachers, SNAs and Ancillary Staff

TUSLA

Child & Family Agency (employees of which have statutory responsibility for Child Protection)

The Act

Children First Act 2015

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Table of Contents 1

INTRODUCTION ................................................................................................................................................... 1 1.1 1.2 1.3

2

SECTION 2 – COMMENCEMENT OF CHILDREN FIRST ACT 2015 - MANDATORY RESPONSIBILITIES PLACED ON SCHOOLS ............................................................................................................................................................. 2 2.1 2.2 2.3

3

TEACHERS AS MANDATED PERSONS ....................................................................................................................... 6 CONFIDENTIALITY .............................................................................................................................................. 7 BEING ALERT FOR CHILD ABUSE............................................................................................................................. 7 BULLYING ........................................................................................................................................................ 7 CREATING THE ATMOSPHERE WHERE CHILDREN FEEL COMFORTABLE MAKING A DISCLOSURE OF HARM ..................................... 8 WHEN A CHILD MAKES A DISCLOSURE ..................................................................................................................... 8 DLP/DDLP ..................................................................................................................................................... 9 DOCUMENTS ASSOCIATED WITH THE CHILD PROTECTION OVERSIGHT REPORT................................................................... 9 RECORD KEEPING ............................................................................................................................................ 10

SECTION 5 – DEALING WITH CHILD ABUSE DISCLOSURES IN SCHOOL – PROCEDURES ........................................ 11 5.1 5.2 5.3 5.4 5.5 5.6

6

HARM (SEE CHILDREN FIRST ACT SECTION 2) ........................................................................................................... 4 REASONABLE GROUNDS FOR CONCERN/THRESHOLDS FOR HARM .................................................................................. 4 CIRCUMSTANCES WHICH GIVE RISE TO CONCERN ........................................................................................................ 5

SECTION 4 – STATUTORY OBLIGATIONS OF THE MANDATED PERSON ................................................................. 6 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9

5

WHAT ARE THE KEY CHANGES? ............................................................................................................................. 2 WHAT IS THE LEGAL FRAMEWORK UNDERPINNING CHILD PROTECTION WHICH SCHOOLS SHOULD BE COGNISANT OF? ................... 2 WHAT SUPPORTING DOCUMENTATION IS AVAILABLE TO ASSIST SCHOOLS IN COMPLYING WITH AND DISCHARGING THEIR STATUTORY OBLIGATIONS AND RESPONSIBILITIES? .................................................................................................................... 3

SECTION 3 - CHILD ABUSE: TYPES, HARM, REASONABLE CONCERN THRESHOLDS, SYMPTOMS AND CONTRIBUTING CIRCUMSTANCES................................................................................................................................................. 4 3.1 3.2 3.3

4

WHAT IS IN THE RESOURCE BUNDLE? ..................................................................................................................... 1 FINDING CONTENT QUICKLY IN THE RESOURCE BUNDLE ............................................................................................... 1 SUGGESTED USE OF THE RESOURCE BUNDLE ............................................................................................................. 1

WHO MUST REPORT? ....................................................................................................................................... 11 REPORTING TO TUSLA – SECURE WEB PORTAL ....................................................................................................... 11 STEP-BY-STEP GUIDE TO PROCEDURES FOR DLP WHEN S/HE BECOMES AWARE OF A CP CONCERN ....................................... 12 WHERE A TEACHER RESIGNS OR IS DISMISSED, INCLUDING IN RELATION TO A CP ALLEGATION.............................................. 16 PROCEDURES RELATED TO BOARDING FACILITIES ASSOCIATED WITH RECOGNISED SCHOOLS ................................................ 16 ALLEGATIONS OR SUSPICIONS OF CHILD ABUSE REGARDING A MEMBER OF THE BOM ....................................................... 16

SECTION 6 - RISK ASSESSMENT AND CHILD SAFEGUARDING STATEMENT .......................................................... 17 6.1 6.2 6.3 6.4 6.5 6.6

REVISION AND UPDATING OF MANDATORY TEMPLATES BY DE .................................................................................... 17 ADDENDUM TO CHILDREN FIRST: NATIONAL GUIDANCE FOR THE PROTECTION AND WELFARE OF CHILDREN .......................... 17 CHILD SAFEGUARDING STATEMENT AND RISK ASSESSMENT ........................................................................................ 17 PUBLICATION AND DISPLAY OF CHILD SAFEGUARDING STATEMENT & RISK ASSESSMENT ................................................... 18 REVIEW OF CHILD SAFEGUARDING STATEMENT & RISK ASSESSMENT ............................................................................ 19 NOTIFICATION THAT THE BOM HAS COMPLETED ITS ANNUAL REVIEW OF THE CSS & RA ................................................... 19

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SECTION 7 – FURTHER CHILD PROTECTION PROCEDURES REQUIRED UNDER THE CHILDREN FIRST ACT 2015 .... 20 7.1 7.2 7.3 7.4 7.5

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SECTION 8 – CHILD PROTECTION AND SAFEGUARDING INSPECTIONS ................................................................ 22 8.1 8.2 8.3 8.4 8.5 8.6

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PROCEDURES FOR RECRUITMENT OF SCHOOL STAFF ................................................................................................. 20 PROCEDURES FOR INFORMING AND TRAINING SCHOOL STAFF ON CHILD PROTECTION AND SAFEGUARDING ISSUES ................... 20 PROCEDURES FOR MAINTAINING A LIST OF MANDATED PERSONS UNDER THE ACT ............................................................. 21 PROCEDURES FOR APPOINTING A RELEVANT PERSON FOR THE PURPOSES OF THE ACT ....................................................... 21 OVERSIGHT BY PATRON .................................................................................................................................... 21

WHAT ARE CPSIS? .......................................................................................................................................... 22 CPSI PROCEDURES .......................................................................................................................................... 23 KEEPING THE SCHOOL FULLY COMPLIANT – BEST PRACTICE SUGGESTIONS ....................................................................... 24 DETERMINATION MADE BY DE INSPECTORATE DURING A CPSI VISIT............................................................................. 24 REPORTING BY THE DE INSPECTORATE .................................................................................................................. 25 FOLLOW THROUGH BY THE INSPECTORATE ............................................................................................................. 25

SECTION 9 – AVAILABLE RESOURCES ................................................................................................................. 26 9.1 9.2 9.3 9.4 9.5

IPPN - LIST OF APPENDICES TO THIS RESOURCE BUNDLE ........................................................................................... 26 DE GUIDANCE NOTES ...................................................................................................................................... 27 DE PUBLICATIONS ........................................................................................................................................... 27 DEPARTMENT OF CHILDREN, EQUALITY, DISABILITY, INTEGRATION AND YOUTH ............................................................... 27 TUSLA .......................................................................................................................................................... 27

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INTRODUCTION

‘It is everyone’s responsibility to protect children and young people and to do our best to keep them safe’. (Dr Katherine Zaponne T.D. Minister for Children and Youth Affairs) The purpose of this Resource Bundle is to clearly outline the statutory requirements for schools in relation to Child Protection in light of the full commencement of the Children First Act 2015 on 11 Dec 2017.

1.1

What is in the Resource Bundle?

The Resource Bundle and its 28 Appendices contain:  Background Information  Best Practice Guides  Step-by-step guidelines to be followed when the DLP encounters a CP Concern  A comprehensive list of Mandatory and Optional Templates to be used for: o The recording of CP Concerns o The Reporting of CP Concerns o The preparation of the CPOR for the BoM o The possible use of the school’s ‘Protocol Authorising Immediate Action’  A comprehensive description of the 65 CPSI checks which apply to primary schools with suggested Best Practice Guides to each one  A detailed account of the CPSI process  Best practice suggestions for school leaders to ensure compliance with a possible CPSI

1.2

Finding Content quickly in the Resource Bundle

Clicking on an item in contents page will take you directly to that section in the resource bundle. The appendices which contain additional information as well as training materials and templates, are hyperlinked from the various sections, allowing you easy access to the materials you require.

1.3

Suggested use of the Resource Bundle   

The resource bundle is a comprehensive guide to all aspects of CP, as they apply to primary schools in March 2019 It is designed to provide easy access to the relevant information and procedures for busy DLPs and DDLPs when they encounter an urgent CP Concern The various sections and appendices can be printed separately and used as templates, aide memoires or training materials for school personnel

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SECTION 2 – COMMENCEMENT OF CHILDREN FIRST ACT 2015 - MANDATORY RESPONSIBILITIES PLACED ON SCHOOLS

On December 11 2017, all remaining provisions of the Children First Act 2015 were commenced. This enactment placed a statutory responsibility on schools to comply with the legislation underpinning Child Protection as set out in the Act. Schools have been aware of the actions and procedures required where there have been suspicions, concerns or allegations of child abuse. Schools have been supported by Children First Guidelines initially introduced in 1999, where good practice in child care and protection was defined. In 2011, the Department of Education & Skills provided guidelines for schools based on Children First which effectively implemented Children First in schools.

Now, with the commencement of the Children First Act 2015, schools must make changes to existing procedures to comply with the Act thereby providing children with the best possible care to keep them safe.

2.1

What are the key changes?

1.

2.

3.

4.

5.

6.

2.2

All Registered teachers are now deemed to be Mandated Persons Mandated Persons must assist Tusla (Child and Family Agency) if requested in assessing a concern arising from a mandatory report All teachers are obliged to report CP concerns above a ‘threshold of harm’ Schools must conduct a risk assessment and produce a Child Safeguarding Statement on or before 11 March 2018 The Act abolishes the common law defence of reasonable chastisement The DE has now introduced Child Protection and Safeguarding Inspections

What is the legal framework underpinning child protection which schools should be cognisant of?

1.

2.

3.

4.

5.

6.

7.

8.

Children First Act 2015 Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable persons) Act 2012 Freedom of Information Act 1997-2014 Criminal Justice Act 2006 Protection of Persons Reporting Child Abuse Act 1998 National Vetting Bureau (Children & Vulnerable Persons) Act 2012 – 2016 Teaching Council (Amendment) Act 2015 Data Protection Act 1998 – 2003

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2.3

What supporting documentation is available to assist schools in complying with and discharging their statutory obligations and responsibilities?

1.

2.

3.

4.

Children First: National Guidance for the Protection and Welfare of Children 2017 (DCYA) Child Protection Procedures for Primary and Post Primary Schools 2017 (DES) Circular 0081/2017 IPPN Resource Bundle which contains further documentation, including: a. Templates, Mandatory and Optional b. Summary Guides to various aspects of CP obligations for schools c. Full guide and practical advice re Child Protection and Safeguarding Inspections

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SECTION 3 - CHILD ABUSE: TYPES, HARM, REASONABLE CONCERN THRESHOLDS, SYMPTOMS AND CONTRIBUTING CIRCUMSTANCES

The four types of abuse are: 1. Neglect 2. Emotional Abuse 3. Physical Abuse 4. Sexual Abuse

3.1

Child Protection Procedures: 2.3.1; 2.3.2; 2.3.3; 2.3.4

 

Appendix 1 – Child Abuse Types – Neglect, Emotional, Physical Appendix 2 – Child Abuse Types – Sexual

Harm (See Children First Act Section 2)

A definition of ‘Harm’ has been introduced in Section 2 of the Children First Act 2015. The ‘Threshold for Harm’ as defined in the Act will inform mandated persons as to how they might/should proceed with a CP concern. It is important that ALL school staff become familiar with this definition. The Act defines harm as follows: ‘harm means in relation to a child– (a) assault, ill-treatment or neglect of the child in a manner that seriously affects, or is likely to seriously affect the child's health, development or welfare, or, (b) sexual abuse of the child.’

3.2

Reasonable Grounds for Concern/Thresholds for Harm

Appendix 3 – Thresholds for Harm The Reasonable Grounds for Concern are: 3.2.1 Neglect The threshold of harm, at which you must report to Tusla under the Children First Act 2015, is reached when you know, believe or have 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.

Child Protection Procedures: 2.3.1; 4.3.2 3.2.2 Emotional abuse/ill-treatment The threshold of harm, at which you must report to Tusla under the Children First Act 2015, is reached when you know, believe or have reasonable grounds to suspect that a child has been, is being, or is at risk of being ill-treated 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.

Child Protection Procedures: 2.3.2; 4.3.3

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3.2.3 Physical abuse The threshold of harm, at which you must report to Tusla under the Children First Act 2015, is reached when you know, believe or have 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.

Child Protection Procedures: 2.3.3; 4.3.4 3.2.4 Sexual abuse If, as a mandated person, you know, believe or have reasonable grounds to suspect that a child has been, is being, or is at risk of being sexually abused, then you must report this to Tusla under the Children First Act 2015. As all sexual abuse falls within the category of seriously affecting a child’s health, welfare or development, you must submit all concerns about sexual abuse as a mandated report to Tusla.

There is one exception, which deals with underage consensual sexual activity between teenagers who are between 15 and 17 years of age [See Children First National Guidance for the Protection and Guidance of Children, P23]. This is unlikely to apply to Primary Schools.

Child Protection Procedures: 2.3.4; 4.3.5

3.3

Circumstances which give rise to concern

Appendix_4 – Circumstances which give rise to concern The following circumstances are associated with increased risk of abuse: a. Parent/Guardian/Carer Factors b. Child Factors c. Community Factors d. Environmental Factors e. Poor Motivation or Willingness of Parents/Guardians to Engage It is important to remember that the presence of any of these factors does not necessarily mean that a child in those circumstances or settings is being abused.

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SECTION 4 – STATUTORY OBLIGATIONS OF THE MANDATED PERSON

4.1

Teachers as Mandated Persons

All teachers are designated ‘Mandated Persons’ under the Children First Act 2015. Mandated persons have two main legal obligations under the Children First Act 2015. These are: 1. To report the harm of children above a defined threshold to Tusla 2. To assist Tusla, if requested, in assessing a concern which has been the subject of a mandated report While no criminal sanctions can be placed on teachers for non-reporting, it is open to Tusla, a parent, a colleague or indeed any member of the public to take the following actions in regards to teachers as mandated Persons: 1. Make a complaint to the Teaching Council which may have repercussions for membership of the Teaching Council 2. Make a report to the National Vetting Bureau which may have repercussions in terms of any subsequent vetting applications by a teacher Section 14(1) of the Children First Act 2015 states: ‘…where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession as such a mandated person, that a child: a. has been harmed b. is being harmed c. is at risk of being harmed he or she shall, as soon as practicable, report that knowledge, belief or suspicion, as the case may be, to the Agency.’

Section 14(2) of the Children First Act 2015 also places obligations on mandated persons to report any disclosures made by a child: ‘Where a child believes that he or she: a. has been harmed b. is being harmed c. is at risk of being harmed and discloses this belief to a mandated person in the course of a mandated person’s employment or profession as such a person, the mandated person shall, … as soon as practicable, report that disclosure to the Agency.’

Child Protection Procedures: 4.1; 4.2; 4.4; 4.7; 4.8; 4.9; 4.10

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4.2

Confidentiality

All information regarding concerns of possible child abuse or neglect should be shared only on a ‘need to know’ basis in the interests of the child. The test is whether or not the person has any legitimate involvement or role in dealing with the issue.

The assurance of confidentiality should not be given to a third party who imparts information. However, giving information to those who need to have that information, for the protection of a child who may have been, is being, or is at risk of being abused or neglected is not a breach of confidentiality. As part of its oversight and quality assurance role in monitoring the implementation of these guidelines, Inspectors of the Department may require access to individual files. A school is required to cooperate fully with the Inspectorate and provide such access.

It is not the responsibility of school staff to assess or investigate or to make enquiries of parents/carers, and in some cases it could be counter-productive for them to do so. It is a matter for Tusla to assess and investigate suspected abuse and neglect and determine what action it shall take. In cases where members of the school staff have a concern about a child, but are not sure whether to report the matter to Tusla, the DLP will seek advice from Tusla. In cases of emergency, where a child appears to be at immediate and serious risk, and it is not possible to make contact with Tusla, An Garda Síochána shall be contacted immediately. This may be done at any Garda Station.

Under no circumstances should a child be left in a dangerous situation pending Tusla intervention Child Protection Procedures: 1.3.11

4.3

Being alert for Child Abuse

It is the responsibility of all school staff to be constantly vigilant for signs of child abuse and suffering. All staff should be thoroughly familiar with the definition and the signs and symptoms of the various types of abuse and of bullying. They should also be fully cognisant of the factors in a child’s life which may increase the possibility of that child being abused or suffering.

Mandated persons should be thoroughly familiar with the reasonable thresholds for reporting the various types of abuse – they are outlined in Chapter 3. All staff should feel confident and free to discuss concerns they might have regarding abuse or suffering with the DLP or DDLP if they require assistance in deciding if the suspicion/information they have meets the required threshold.

Child Protection Procedures: 2.1

4.4

Bullying

Bullying is defined as repeated aggression – verbal, psychological or physical and can be conducted by an individual or group against one or more persons. It is behaviour that is intentionally aggravating and intimidating, and occurs mainly among children in social environments such as schools. It includes behaviours such as physical aggression, cyberbullying, damage to property, intimidation, isolation/exclusion, name calling, malicious gossip and extortion. It can often be based on perceived differences e.g. gender identity, sexual preference, race, ethnicity religion, parent’s occupation etc. ICT means that bullying can be perpetrated through mobile phones or other personal devices using internet and social media enablers such as Facebook, Snapchat etc.

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Some children are particularly vulnerable to bullying. These include:   

SEN children  Minority ethnic groups LGBT children  Minority religious faiths Children with underdeveloped social skills and social cue recognition

 

Traveller children Academic high achievers

The management of bullying among children in a school environment is an ongoing task and requires constant vigilance among school staff as well as constantly revised and understood policies.

All of the above factors and bullying need to be taken into account as part of the process of being vigilant for the presence of child abuse and suffering among the children in every school.

Child Protection Procedures: 2.3.5

4.5

Creating the atmosphere where children feel comfortable making a disclosure of harm

Children who are experiencing harm in one of the above categories will often make a disclosure to a person in whom they trust and who they feel will believe and help them. That person can often be a teacher in their school whom they view as being kind and on their side.

It is important therefore, that all children feel able to trust their teachers and are confident that, if they tell the teacher about a situation they will be:  Listened to sympathetically  Believed and never fobbed off  Confident that their disclosure will be treated confidentially (in so far as it can be)  Helped

4.6

When a child makes a disclosure

Appendix 5 – When a Child makes a Disclosure When a child does disclose abuse, this needs to be taken very seriously. It is important that any disclosure is dealt with appropriately, both for the wellbeing of the child and also to ensure that your actions do not jeopardise any legal action against the abuser.

If, as a mandated person, you receive a disclosure of harm from a child, which is above the thresholds set out above, you must consult with the DLP and make a mandated report of the concern to Tusla. You are not required to judge the truth of the claims or the credibility of the child. If the concern does not meet the threshold to be reported as a mandated concern you should report it to Tusla as a reasonable concern.

There are a number of basic 'rules' that should be followed to ensure the safe handling of any disclosures of abuse from a child which are outlined in Appendix 5. It is advisable to make them available to all staff and to discuss them with staff.

Child Protection Procedures: 3.3.2

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4.7

DLP/DDLP

Under the DE Child Protection Procedures (Revised 2023), the Designated Liaison Person (DLP) or Deputy Designated Liaison Person (DDLP) remains the first point of contact for all allegations or suspicions of child abuse in the school. The requirements of the DLP are: 1.

2.

3.

4.

To act as a resource person to any member of the school staff who may have CP concerns. While the DLP will be familiar with the area of CP, s/he may consult with Tusla if unsure of whether or not to make a report on a particular concern. During this consultation, no details are given which might identify the parties involved To ensure that the proper reporting procedures are followed in the school so that child welfare and protection concerns are referred promptly to Tusla To record all concerns or allegations of child abuse brought to his or her attention, and the actions taken in relation to a concern or allegation of child abuse In relation to BoM meetings, the DLP will: (a) Prepare a CPOR, recording all instances of CP concerns since the previous BoM meeting (b) Accumulate and present whatever documentation is required by the BoM for Oversight purposes, depending on the nature of the concerns and in accordance with sections 9.5.2; 9.6.2 and 9.7.2 of the Procedures (c) It should be noted that the records provided to the BoM under section 9.5.2 shall be anonymised and redacted as necessary to ensure the identities of any children and any other parties, including the member of school personnel to whom the concern or report relates, are not disclosed. (d) Ensure that all documents provided to the BoM members are recovered after the matter has been dealt with and placed on the appropriate case file by the DLP (e) Ensure that the BoM minutes record the CPOR using codes in accordance with sections 8.5.3; 9.6.3 and 9.7.3 of the Procedures Child Protection Procedures: 5.3

4.8

Documents associated with the Child Protection Oversight Report 1.

It should be noted that the records provided to the BoM under section 9.5.2 shall be anonymised and redacted as necessary to ensure the identities of any children and any other parties, including the member of school personnel to whom the concern or report relates, are not disclosed

2.

Ensure that all documents provided to the BoM members are recovered after the matter has been dealt with and placed on the appropriate case file by the DLP

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4.9

Record Keeping

Good record keeping is an essential element of good governance and oversight. ‘Child Protection Procedures for Primary and Post-Primary Schools (Revised 2023)’ contains a number of requirements in relation to ensuring appropriate records are created and maintained and can therefore be accessible for oversight purposes.

All records in relation to Child Protection should be:  Stored in a secure location  Be indexed in such a manner as to allow for easy tracking and access of documents  Have a unique code or serial number assigned to all parties mentioned in the documents (any person whose disclosure would identify a child or a person against whom an allegation has been made) Child Protection Procedures: 3.4; 9.11; Appendix 4 Appendix 6 –Summary of Record Keeping Requirements Appendix 7 – Child Protection Case File Checklist

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SECTION 5 – DEALING WITH CHILD ABUSE DISCLOSURES IN SCHOOL – PROCEDURES

5.1

Who must report?

‘Where a member of school personnel, including a registered teacher, receives an allegation or has a suspicion that a child may have been abused or neglected, is being abused or neglected or is a risk of being abused or neglected, he or she shall, without delay, report the matter to the DLP, in accordance with the procedures outlined in Chapter 5 of the Child Protection Procedures” All registered teachers are mandated persons and are mandated to report concerns to the DLP in the first instance. All nonmandated persons on the school staff (SNAs, Ancillary Staff) must be aware of their obligation to bring any concerns they have regarding CP to the attention of the DLP. Child Protection Procedures: 3.1.1; 7.3.3; 7.3.4 4

5.2

Reporting to Tusla – Secure Web Portal

All child protection and safeguarding concerns should be reported to Tusla using Tusla’s secure Web Portal, here. For all references to the Tusla report form in this and other sections, those making a report should see these as referring to the use of Tusla’s secure Web Portal. If the DLP and the registered teacher both agree that the concern is at or above the defined threshold of harm at which a mandated report must be made, the concern shall, as soon as practicable, be submitted as a mandated report to Tusla jointly by the DLP and the registered teacher concerned using the Tusla report form. The Tusla report form which is available on the Tusla website www.tusla.ie shall be completed as comprehensively as possible and indicate, in the manner required that it is a mandated report under the Children First Act, 2015

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5.3

Step-by-Step guide to Procedures for DLP when s/he becomes aware of a CP Concern For all CP Concerns:

Step

Child Protection Procedures Section

Useful Appendices

1.

Open a new CP File and give it a Code

Child Protection Procedures: 3.4.6; 5.3.1

 Appendix 8 Summary of Reporting Procedures  Appendix 9 Codes in Relation to Child Protection Case Files

2.

Record the details of what has been reported to you or Child Protection of what has come to your attention Procedures: 3.4.6;5.3.1

 

3.

4.

5.

6.



A written statement should be sought from an adult making an allegation of abuse. A child may also make a written statement regarding an allegation of abuse.

Written allegations must be included in the CP file for BoM reporting

Child Protection Procedures: 3.4.6; 5.3.1; 7.3.2

Consider the nature of the concern in light of the Thresholds of Abuse a. If the person who brings the CP concern to the DLP is a mandated person, discuss the concern in light of the Thresholds of Abuse and, if you are both satisfied that the concerns meet the thresholds, make a joint mandated report. This does not preclude the mandated person from making an independent mandated report if s/he wishes to do so b. If the person who brings the CP concern to the DLP is not a mandated person, the DLP will make a determination as to whether or not the concerns meet the Thresholds for Harm, or will seek Tusla advice on the matter. It would be best practice to inform the person who reported the concerns of the actions taken by the DLP in relation to reporting

Child Protection Procedures: 5.2.3 to 5.2.5; 5.4.2 to 5.4.4

If Tusla cannot be contacted and it is considered that the child is in immediate danger, the DLP will contact An Garda Siochána immediately If you are unsure of whether or not to make a report, contact Tusla and ask for advice. State that you are seeking advice and you do not have to give details of the persons involved

Child Protection Procedures: 5.4.5

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   

Appendix 9 Codes in Relation to Child Protection Case Files Appendix 10 Optional Template A – Concern details – Part A Appendix 9 Codes in Relation to Child Protection Case Files Appendix 10 Optional Template A – Concern details – Part A Appendix 25 Tusla Child Welfare and Abuse Report Form Appendix 26 Guide to Child Welfare and Abuse Report Form Appendix 27 Tusla Retrospective Abuse Report Form Appendix 28 Guide to Retrospective Abuse Report Form

Child Protection Procedures: 5.2.6 to 5.2.9; 5.3.3

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Step

Child Protection Procedures Section

7.

Record the advice carefully, put it in the file, and follow it. Email the advice back to the Tusla contact and put a copy of the email in the CP file

Child Protection Procedures: 5.3.3



Appendix 10 Optional Template A for recording Tusla Advice - Part B

8.

In a case where the DLP and mandated person (including where Tusla has been consulted) do not consider that the concern is at the threshold for harm, but where both consider that it constitutes reasonable grounds for concern, the DLP will report the concern to Tusla. In such cases, the mandated teacher is not required to make a report. If either the DLP or teacher are in ansy doubt, the DLP will make a mandated report Where the DLP decides not to make a report to Tusla, the DLP will inform the teacher of this and advise him/her in writing of the reasons why s/he did not report to Tusla. If the teacher makes a report to Tusla, s/he will provide a copy to the DLP

Child Protection Procedures: 5.2.8 and 5.2.9; 5.3.5



Appendix 25 Tusla Child Welfare and Abuse Report Form Appendix 27 Tusla Retrospective Abuse Report Form

9.

10. Consider whether or not to inform the family. The family of a child about whom a report is being made to Tusla should be informed of the fact and of the reasons for the report unless, by doing so: a. The child would be put at further risk b. Tulsa’s ability to carry out a risk assessment might be impaired c. The person making the report might be at risk of harm Record the information communicated by the DLP to the family 11. Include the CP concern in your CPOR for the next BoM meeting and ensure that it is recorded in the minutes in coded format

Useful Appendices



Child Protection Procedures: 5.2.10; 5.3.8



Appendix 11 Optional Template B – DLP letter re 5.3.8

Child Protection Procedures: 5.3.6



Appendix 12 Optional Template C – DLP letter re 5.3.6

Child Protection Procedures: 5.5.1; 9.5.3; 9.6.3

 

Appendix 13 FAQs re CPOR Appendix 14 Optional Template E –DE CPOR Template Appendix 15 Optional Template - IPPN CPOR Template Appendix 16 Optional Template F – Record of documents with CPOR

 

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5.3.1

Where an allegation is made against a member of the School Staff:

In addition to the procedures for All CP concerns: 1.

Inform the Chairperson of the BoM and record the fact in the CP file

Child Protection Procedures: 5.5.2; 7.3.6

2.

The Chairperson must inform the staff member of the allegation and offer him/her an opportunity to respond to the allegation in writing to the employer

Child Protection Procedures: 7.6.2 to 7.6.4

3.

In any case where it is considered that there is an immediate risk to children from that staff member, the BoM should seek legal advice regarding the activation of the protocol authorising immediate action (Child

Child Protection Procedures: 7.6.5 to 7.6.10; 7.5; Appendix 3

Protection Procedures; Appendix 3)

4.

5.

6.

Where the BoM invokes the protocol authorising immediate action, having taken legal advice, and asks a member of the school personnel to absent himself or herself from school, the Chairperson will keep Tusla informed of any child safeguarding actions the BoM takes The employer (BoM or ETB will always manage the Protocol authorising Immediate Action The anonymisation of documentation referred to at 9.5.3 does not apply to the protocol authorising immediate action

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5.3.2

Where an allegation is made against a member of the School Staff by a Parent:

In addition to the procedures for All CP concerns: 1.

Within 10 school days of the parent making the allegation (whether to the DLP, the BoM or another member of school staff), the DLP will issue a written notification to the parent concerned setting our out: a. That in accordance with the requirements of the Child Protection Procedures for Primary and Post-Primary Schools (Revised 2023) i.

The matter has been reported by the DLP to Tusla or ii.

Tusla advice has been sought in respect of the matter by the DLP and on foot of that advice the matter was not reported to Tusla or iii.

The DLP determined that the matter did not constitute reasonable grounds for concern as set out under these procedures and therefore did not require reporting to Tusla and the reasons for that determination b. That it is open to the parent concerned to contact Tusla directly in relation to the matter, should the parent wish to do so and c. That any allegation of abuse against a school employee reported to Tusla will be dealt with under the relevant procedures set out in Chapter 7 Child Protection Procedures ‘Allegations of Suspicions of Child Abuse regarding School Employees’. As such, the matter will be dealt with under relevant employee disciplinary procedures and not under the school’s parental complaints procedures.

Child Protection Procedures: 5.6.2

Appendix 17 Optional Template D – DLP letter to Parents re 5.6.2 2.

If the parent does not receive the above notification within the 10 days, s/he may raise the matter with the DLP. If the DLP does not respond within 5 days the parent may raise the matter in writing with the BoM, who will then direct the DLP to respond within 10 days of the BoM receiving the parent’s notification Child Protection Procedures: 5.6.3

5.3.3

Children who transfer schools:

Where a child transfers from or leaves a school (including transfers from primary to post-primary) and where the DLP is aware that a child protection report relating to that child has been made to Tusla in the past, the DLP should inform Tusla of the child’s transfer/move Child Protection Procedures: 5.7

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5.4

Where a Teacher resigns or is dismissed, including in relation to a CP allegation

Employers must notify the Teaching Council once a teacher stands dismissed from 11 May 2023 onwards (or resigns following upon the making of a complaint or the invoking of a disciplinary process).

Tusla This follows the commencement of the Teaching Council (Information to be Furnished by Employer in Case

of Dismissal or Resignation of Registered Teacher) Regulations 2023 These regulations set out the responsibility and obligation of employers, to provide particular information to the Teaching Council where a registered teacher: a) Resigns and that resignation follows upon: i. the making of a complaint in relation to that teacher (note - this is a complaint made at local school level rather than to the Teaching Council), or ii. the invoking of procedures under section 24 of the Education Act 1998 (No. 51 of 1998), or such other procedures as may be invoked, in respect of the teacher, or b) is dismissed by his or her employer

5.5 Procedures related to Boarding Facilities associated with Recognised Schools The Department has published Child Protection and Safeguarding Procedures for Boarding Facilities associated with Recognised Schools 2023 to inform the management of all boarding facilities of what is required of them in their implementation of the Children First Act 2015 and to ensure that arrangements for the oversight of the requirements of the Children First Act 2015, including Children First: National Guidelines for the Protection and Welfare of Children 2017, are in place across all boarding facilities.

5.6

Allegations or Suspicions of Child Abuse regarding a member of the BoM

Where an allegation or suspicion of child abuse regarding a member of the BoM has been reported to Tusla, the BoM will inform the patron of the fact. The patron will determine if any action is necessary regarding the member’s continued role on the BoM. Child Protection Procedures: 9.10.4

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6

SECTION 6 - RISK ASSESSMENT AND CHILD SAFEGUARDING STATEMENT

6.1

Revision and Updating of Mandatory Templates by DE

Where reference is made to the Child Safeguarding Statement, this means the Child Safeguarding Statement including a Risk Assessment. Where reference is made to the Risk Assessment, this means the Risk Assessment included in the Child Safeguarding statement. They are in one document (Mandatory Template 1) The Mandatory Templates are: Mandatory Template 1: Child Safeguarding Statement and Risk Assessment (Portrait Version) Mandatory Template 1: Child Safeguarding Statement and Risk Assessment (Landscape Version) Mandatory Template 2: Checklist for Review of Child Safeguarding Statement Mandatory Template 3: Notification of BoM Review of Child Safeguarding Statement

6.2

Addendum to Children First: National Guidance for the Protection and Welfare of Children

Addendum to Children First: National Guidance for the Protection and Welfare of Children This Addendum was issued by Túsla in January of 2019 and is concerned with the school’s obligations in relation to Online Safety for children. It places an onus on organisations (including schools) to    

6.3

To keep children safe from harm while they are using the service To carry out a risk assessment to identify whether a child or young person could be harmed while using the service To develop a Child Safeguarding Statement that outlines the policies and procedures which are in place to manage the risks which have been identified To appoint a relevant person to be the first point of contact in respect of the organisation’s Child Safeguarding Statement

Child Safeguarding Statement and Risk Assessment

6.3.1 Child Safeguarding Statement Mandatory Template 1 (Portrait) and Mandatory Template 1 (Landscape) combine both the Child Safeguarding Statement and the Risk Assessment. The BoM must use one of these DE Mandatory Templates. (Child Protection Procedures: 8.9)

6.3.2 Risk Assessment The Act requires all BoMs to carry out a Risk Assessment in to accompany the Child Safeguarding Statement. This assessment outlines and highlights the potential for harm to children while in the school. It should be noted that risk in this context is the risk of abuse and not general health and safety risk.

Child Protection Procedures: 8.8

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The Risk Assessment is a 4-Step Process:

Step

Child Protection Procedures Section

Useful Appendices

Step 1 - Identify the Risk  Think about who or what might cause harm to children in the school  Involve all stakeholders – Teachers, SNAs, Ancillary Staff, Parents, BoM and Children. Different people will have different perceptions of what is a risk because of their engagement experiences with the school

Child Protection Procedures: 9.10.4

 

Appendix 18 Mandatory Template 1 – Portrait* Appendix 19 Mandatory Template 1 – Landscape*

*One of these Mandatory Templates must be used

Step 2 - Rank each Risk – Optional Step  Consider the likelihood of the risk occurring and how serious the consequences could be  Rank each risk in terms of low, medium and high risks Step 3 – Control and Manage each Risk  Who owns the risk? Assign risk owners  What current controls are in place to reduce the risk?  What future actions must be done to reduce the risk?  What else do you need to do about the risk?

Step 4 - Monitor and Review  Are the controls effective?  Are the actions effective?

6.4

Publication and Display of Child Safeguarding Statement & Risk Assessment

The Child Safeguarding Statement and Risk Assessment will be:     

Provided to all school personnel Made available to parents, Túsla and members of the public on request Provided (a copy) to the Patron and Parents Council Made available to the DE on request Published on the school website

The Child Safeguarding Statement and Risk Assessment will be   

Displayed in a prominent location near the main entrance to the school The name of the DLP will also be displayed beside the CSS & RA Best practice would dictate that the name of the DDLP would also be displayed (Child Protection Procedures: 8.10)

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6.5

Review of Child Safeguarding Statement & Risk Assessment    

The Child Safeguarding Statement and Risk Assessment will be reviewed annually – every 12 months The BoM is required to enter the date of the next review on the completed Template 1 each year The BoM is required to use Mandatory Template 2: Checklist for Review of Child Safeguarding Statement in its annual review of the Child Safeguarding Statement and Risk Assessment The BoM is obliged to seek feedback from parents in relation to the school’s compliance with Child Protection Procedures. The BoM is also obliged to seek the views of pupils (in an age-appropriate manner) on the school’s safeguarding arrangements Child Protection Procedures: 8.13

6.6

Notification that the BoM has completed its annual Review of the CSS & RA

The BoM will:  

Arrange to inform school personnel that the Review has taken place Provide notification by means of Mandatory Template 3: Notification of BoM Review of Child Safeguarding Statement to the following: o Parents Association o All parents directly, where no Parents Association exists o The Patron Child Protection Procedures: 8.13.7

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7

SECTION 7 – FURTHER CHILD PROTECTION PROCEDURES REQUIRED UNDER THE CHILDREN FIRST ACT 2015

7.1

Procedures for recruitment of School Staff

BoMs must ensure that the proper and current vetting procedures are adhered to when recruiting. Details of current vetting arrangements and regulations for teachers are available from the Teaching Council website at http://www.teachingcouncil.ie/en/Vetting/. The patron bodies are authorised for administering vetting for other school employees and volunteers. The BoM must ensure that all adults and visitors to the school who have access to children are properly screened and vetted. These include:  Teachers  Substitute Teachers  Supplementary Teachers – e.g. Speech and Drama, Dancing etc.  Coaches – recruited by the school or from a sporting organisation  SNAs  Ancillary Staff  Persons on Placement as part of their training  Persons on Work Experience  Volunteers for during or after school activities Proper indexed records should be kept of the vetting details of the above Child Protection Procedures: 8.6

7.2

Procedures for informing and training School Staff on Child Protection and Safeguarding Issues

The BoM must ensure, through the dissemination of information and a relentless emphasis on child safety training and discussion, that a culture of CP exists among the school staff and school community. The development of such a culture is the most effective means of ensuring that all children in the school are safe from harm. Such a culture ensures that there is constant vigilance among the school staff and parents and that there is zero tolerance of any behaviour which could cause harm to a child. a) Information In relation to the Child Safeguarding Statement:  A copy will be displayed in a prominent location in the school  It will be made available on the school website  It will be issued to all members of the School Staff  It will be made available to the Parents Association  It will be issued to the Patron Child Protection Procedures: 8.7

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In relation to Policies which relate to Child Protection:  All Policies in relation to CP will be available on the school website  All Policies in relation to CP will be made available to school staff and parents on request b) Training  The BoM will ensure that all school staff receive regular training and updating on CP matters. The BoM will avail of whatever training is available from the DE and will support the principal in ensuring that regular training in CP matters is carried out  The BoM will ensure, through regular training and discussion, that all members of the school staff are aware of their roles in CP and fully understand the policies and procedures in place in the school

7.3

Procedures for maintaining a list of mandated persons under the Act

In the case of schools, this is a list of the teachers who work in the school. It includes all registered teachers whatever their current teaching role or status (Permanent, CID, Temporary, Substitute etc.) in the school

Child Protection Procedures: 8.9.1

7.4

Procedures for appointing a Relevant Person for the purposes of the Act

Child Protection Procedures for Primary and Post-Primary Schools (Revised 2023) defined the relevant person in schools as being the DLP. Child Protection Procedures: 8.9.1

7.5

Oversight by Patron 1.

2.

3.

4.

The patron must be provided with a copy of the child safeguarding statement and the notification regarding the annual review of the child safeguarding statement Records of the annual review of the child safeguarding statement and its outcome shall be made available, if requested, to the patron Where an allegation or suspicion of child abuse or neglect regarding a member of the BoM has been reported by the DLP (or employer) to Tusla, the BoM will inform the patron The patron must also be informed where the BoM has not reported an allegation of abuse against an employee to Tusla where advised by Tusla to do so Child Protection Procedures: 9.10

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8

SECTION 8 – CHILD PROTECTION AND SAFEGUARDING INSPECTIONS

8.1

What are CPSIs?

From February 2019, the DE Inspectorate will begin the process of implementing CPSIs. CPSI (Child Protection and Safeguarding Inspections) will occur every time a Cigire calls to a school, except when s/he calls in relation to SESS or Probation. On all other occasions, the following CPSI levels will apply: Level 1 CPSI

When: Checks:

Curriculum Evaluation, SEN, Incidental Inspection 1 – 3 (20 Sub Checks)

Level 2 CPSI

When: Checks:

WSE, WSE-MLL 1 – 8 (47 Sub Checks)

Level 3 CPSI

When: Checks:

Full CPSI 1 – 10 (67 Sub Checks*) Results in published report. *65 apply to Primary Schools

Appendix 23 – IPPN guide to the 65 Checks

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8.2

CPSI Procedures

Before the Visit

The following table outlines the sequence of activities surrounding a CPSI visit:

Inspectorate activity

During the Visit

School activity

Inspectorate activity

After the Visit

School activity Inspectorate activity School activity

Provide up to forty-eight hours’ notice via phone call Forward a letter to the school telling parents about the inspection, seeking consent for their child to participate in a focus group during the inspection, and inviting the parents to complete the online parent survey Outline the documents required for the inspection and the meetings held during the inspection Forward the Vetting Self-Report form to the school Complete and sign the Vetting Self-Report form Distribute the letter inviting parents to complete the online questionnaire to all parents Ensure that all necessary documents are available for the inspection Make the necessary practical arrangements for the meetings Request class lists and list of school personnel from the principal Review: o Child protection records o Minutes of board meetings o Child safeguarding statement, including risk assessment o School plan for SPHE and Stay Safe (Primary schools) and SPHE and RSE (Post-primary Schools) o School timetable (post-primary schools) and a sample of individual teacher’s timetables (primary schools) o A sample of monthly progress records (primary schools) Hold meetings with: o A sample of school personnel o The DLP o The deputy DLP o The chairperson of the board of management and other representatives, if available o A sample of learners o o SPHE/RSE co-ordinator and/or principal Provide oral feedback to the principal and DLP (in cases where the DLP is not the principal) Principal prepares any records, documents and arranges meetings that are required Forward parental survey data to the school Issue of draft report for factual verification and for school response Publication of the final report on the Department website Response at factual verification and school response stage, if relevant

Appendix 24 – Summary of CPSI Procedures

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8.3

Keeping the school fully compliant – best practice suggestions

While the DLP and DDLP will be crucial to the organisation of ensuring compliance, the ultimate responsibility for ensuring that the school is fully compliant rests with the BoM. Best Leadership practice would dictate that the School Leaders, in conjunction with their Management Team, would decide what tasks need to be carried out to ensure school compliance, to then delegate those tasks and to supervise and ensure their completion prior to any CPSI. It must be remembered that schools will already have done most of this work and preparation is a matter of ensuring that each of the 65 checks for primary schools is ready for inspection.

The work of making sure that all 65 checks are in order should not fall to the DLP alone. This work should be shared among:  The DDLP and In-school Management Team  Individual teachers or teaching teams Ensuring full compliance means ensuring that the school is ready to pass all 65 sub-checks in the event of a full CPSI. These examine:  Administrative tasks e.g. ensuring that the Child Safeguarding Statement and Risk Assessment are properly displayed  Tasks associated with training provided by the BoM to staff. The detail of such training will be recorded in the BoM minutes and by the DLP and DDLP. Members of the BoM might be asked to ensure that these records are in order  Tasks associated with the recording and safekeeping of Child Protection Records. These are best checked by the DLP and DDLP  Planning tasks e.g. ensuring that all teachers’ planning for stay safe and SPHE is in line with Whole School Plans for these subjects and in line with school policies

8.4

Determination made by DE Inspectorate during a CPSI Visit

Having examined the evidence for each sub-check, the Inspectors will report in accordance with the following scale:  Fully Compliant  Substantially Compliant  Partially Compliant  Not Compliant When forming a judgement as to the overall quality of planning for and implementation of the SPHE curriculum and the Stay Safe Programme in primary schools and the SPHE curriculum and RSE programme in post-primary schools, the Inspectorate make reference to the appropriate quality level in line with the Inspectorate’s Quality Continuum:  Very good  Good  Satisfactory  Fair  Weak

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8.5

Reporting by the DE Inspectorate

Two CPSIs will be made for each school inspected, regardless of the level of compliance found during the first inspection.

Two Reports will issue following the second inspection. No report will be published until the second CPSI has taken place.

The CPSI Reports will be published in accordance with the Guidelines for the Publication of Inspection Reports (September 2015). This means:

8.6



The school will have the opportunity to factually verify the draft report. The school will have five working days in which it can point out any errors of fact in the report to the Inspectorate prior to its finalisation



The finalised report will be re-issued to the school and the school will have 10 working days in which to respond to the report. Normally, the response will be published in line with the Guidelines for the Publication of Inspection Reports. The school response stage is an important opportunity for the school to set out how it intends to address any recommendation in the report



The finalised report and the school’s response will be published on the Department’s website

Follow through by the Inspectorate

In accordance with the Inspectorate’s procedures for following up on non-compliance with CPs procedures, the Inspectorate will continue to engage with any school which is not compliant with aspects checked during a CPSI until they become fully compliant. This engagement may involve conducting a second CPSI.

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9

SECTION 9 – AVAILABLE RESOURCES

9.1

IPPN - List of Appendices to this Resource Bundle

9.1.1

Child Abuse Types, Symptoms and Reasonable Concern Thresholds A1 – Child Abuse Types, Symptoms and Reasonable Concern Thresholds – Neglect, Physical, Emotional A2 Child Abuse Types, Symptoms and Reasonable Concern Thresholds – Sexual Abuse A3 – Reasonable Grounds for Concern/Threshold of Harm A4 – Concerning Circumstances A5 – What to say and do when a child makes a disclosure

9.1.2

Record Keeping A6 – Record Keeping Summary A7 – Child Protection Case File checklist A8 – Summary of Reporting Procedure A9 – Guide to Coding Case Files

9.1.3

Recording and Acknowledgement Templates A10 – Optional Template A – Part A Record of how the CP concern came to the DLP Optional Template A – Part B Record of phone call to Tusla A11 – Optional Template B – Letter from DLP to Mandated Teacher re sec 5.3.8 A12 – Optional Template C – Record of decision as to whether or not to inform the parents A13 – Optional Temp D – Letter from DLP to Parents re sec 5.6.2

9.1.4

Child Protection Oversight Report (CPOR) A14 – FAQs re CPOR A15 – Optional Template E – DE CPOR Template A16 – IPPN CPOR Template A17 – Optional Temp F – Record of docs to accompany CPOR to BoM meeting

9.1.5

Risk Assessment and Child Safeguarding Statement A18 – Mandatory Template 1 – Risk Assessment 1 (Portrait Format) A19 – Mandatory Template 1 – Risk Assessment 1 (Landscape Format) A20 – Mandatory Template 2 – Child Safeguarding Statement (CSS) A21 – Mandatory Template 3 – Notification regarding the Board of Management’s review of the Child Safeguarding Statement A22 – Addendum to Children First: National Guidance for the Protection and Welfare of Children

9.1.6

Child Protection Safeguarding Inspections A23 – Guide to the CPSI Checks A24 – Summary of CPSI Process

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9.1.7

Reporting Forms A25 Child Protection and Welfare Report Form (CPWRF) A26 CPWRF Guidance Notes A27 Retrospective Abuse Report Form (RARF) A28 RARF Guidance Notes

9.2

DE Guidance Notes Guidance Note 1 – BoM Communications checklist for Child Safeguarding Statement Guidance Note 2 – Child Protection File Checklist Guidance Note 3 – Use of Unique Codes or Serial Numbers

9.3

DE Publications Child Protection Procedures for Primary and Post-Primary Schools (Revised 2023) Child Protection and Safeguarding Procedures for Boarding Facilities associated with Recognised Schools 2023

9.4

Department of Children, Equality, Disability, Integration and Youth Children First National Guidance for the Protection and Welfare of Children 2017ss

9.5

Tusla Child Protection and Welfare Report Form (CPWRF) CPWRF Guidance Notes Retrospective Abuse Report Form (RARF) RARF Guidance Notes

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