Allegations Made Against a Member of Staff in the Course of their Duties

An allegation of abuse made against a staff member will be acted upon immediately. In the event of allegations being made against a staff member, or if a staff member suspects another member of staff of inappropriate behaviour towards or abuse of a child, the protection of the child is the first and paramount consideration. The priority is to ensure that no child is exposed to unnecessary risk. The CSO should as a matter of urgency take any necessary protective measures (see Appendix 6). The measures should be proportionate to the level of risk and should not unreasonably penalise the staff member, financially or otherwise, unless necessary to protect children. Where protective measures penalise the staff member, it is important that early consideration be given to the case.
Where there is a complaint of abuse against a member of staff, procedures will take on two strands. The reporting of the child abuse will be the same as Section 5.3 (staff member → Designated Liaison Person → Tusla). However, there will also be an investigation into the alleged abuse. In fact, there may be three investigations:

• an internal investigation
• an investigation by Tusla 
• and possibly a criminal investigation by the An Garda Síochána. 

It is the responsibility of the DLPs to ensure that the Child Safeguarding Reporting Procedure is implemented as necessary. They will liaise, where appropriate, with the family. They will co-operate in full with all investigating bodies.

Internal Investigation

The HR Manager will handle the departmental investigation into the alleged abuse by a staff member. This investigation will be commenced by the Principal Officer, HR, and will be dealt with promptly and carefully. The HR Division will consult with Tusla and An Garda Síochána in order to avoid unintentionally impeding an investigation.
It is the responsibility of the HR Manager:

• to contact the employee to alert them to the fact that an allegation has been made
• to inform them of the nature of the allegation 
• to give them an opportunity to respond. 

The disciplinary procedure applicable to matters of serious misconduct are set out in Circular 19/2016: Civil Service Disciplinary Code.
It must be remembered that staff may be subjected to erroneous or malicious allegations. Therefore, any abuse allegation must be dealt with sensitively. While the primary goal must be to protect the child, care will be taken to ensure that the member of staff is treated fairly.

As soon as an allegation against a staff member has been made, these steps will be followed:

• The staff member making the allegation will make a report in writing to the DLP.
• The reporting procedures outlined in Section 5.3 of these guidelines will be followed.
• The DLP will report the matter to the HR Manager. The HR Manager in taking action will be guided by the agreed procedures, the applicable employment contract and the rules of natural justice.
• The HR Manager will privately inform the staff member of the following:
1. the fact that an allegation has been made against them
2. the nature of the allegation

• The staff member will be afforded the opportunity to respond, and this response will be shared with the Tusla where a report has been/is being made.
• The HR Manager will, as a matter of urgency, take any necessary protective measures to ensure that no child is exposed to unnecessary risk. These measures will be proportionate to the level of risk and will not unreasonably penalise the staff member financially or otherwise. 
• The HR Manager will follow up the allegation of abuse against the employee in consultation with Tusla and/or An Garda Síochána and will ensure that any action taken does not undermine any investigations being conducted by these bodies. The parents/guardians of the child in question will be informed at the earliest opportunity taking care also to protect the employee's rights. All stages of the process will be recorded by HR.