The table below presents a combined risk assessment for the following areas: TCOs (under 18yrs), Field Surveys, GUI Surveys and Census of Population.
Area of Risk | Risk Identified | Procedure in Place to Manage Risk |
---|---|---|
Field Surveys, GUI Surveys, Census of Population | An interviewer does not report a Child Safeguarding concern to the Office/Co-ordinator/ DLP |
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TCOs, Field Surveys, GUI Surveys, Census of Population | Relevant staff do not report a concern to the DLP |
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TCOs, Field Surveys, GUI Surveys, Census of Population | The DLP does not report a concern to Tusla and/or the Gardaí, as appropriate |
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Field Surveys, GUI Surveys, Census of Population | A child is harmed by an interviewer |
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Field Surveys, GUI Surveys, Census of Population | An interviewer uses a call history field to raise a concern |
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Field Surveys, GUI Surveys, Census of Population | A child is harmed as a result of a data breach |
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TCOs | TCO can be harmed by a member of staff in the course of their time with the CSO |
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Role | Contact Details | Responsibility |
---|---|---|
Designated Liaison Person | TBC |
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Deputy Designated Liaison Person |
Census: Field Staff and GUI: HR: |
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Relevant Person |
Catherine Desmond Catherine.Desmond@cso.ie |
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CSO Child Safeguarding Record Form | |||||
Date of Report | Click or tap to enter a date. | ||||
Details of Child | |||||
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First Name | Surname | ||||
Gender | Estimated Age | ||||
Address | Eircode | ||||
Details of Concern | |||||
Please complete the following section with as much detail about the specific child protection or welfare concern or allegation as possible. Include dates, times, incident details and names of anyone who observed any incident. Please include the parents and child’s view, if known. Please attach additional sheets, if necessary. | |||||
Type of Concern | |||||
Child Welfare Concern | Emotional Abuse | ¨ | |||
Neglect | Physical Abuse | ||||
Sexual Abuse | |||||
Details of Reporter | |||||
First Name | Surname | ||||
Office Address | Organisation | ||||
Eircode | Contact Number | ||||
Position Held | Email Address |
The Protection for Persons Reporting Child Abuse Act 1998 provides immunity from civil liability to persons who report child abuse “reasonably and in good faith” to the HSE or An Garda Síochána. This means that even if a reported suspicion of child abuse proves unfounded a plaintiff who took action would have to prove that the reporter had not acted reasonably and in good faith in making the report. This protection applies to organisations and to individuals. It is considered therefore that organisations should assume full responsibility for reporting suspected child abuse to the appropriate authorities.
Reports to the HSE and to An Garda Síochána should be made as per the CSO's policy and guidelines. Section 3 (1) of the Act states: “3. (I) A person who apart from this section, would be so liable shall not be liable in damages in respect of the communication, whether in writing or otherwise, by him or her to an appropriate person of his or her opinion that- (a) a child has been or is being assaulted, ill-treated, neglected or sexually abused, or (b) a child’s health development or welfare has been or is being avoidably impaired or neglected, unless it is proven that he or she has not acted reasonably and in good faith in forming that opinion and communicating it to the appropriate person”.
Under Section 4 of the same Act no employee will be penalised for making a report of child abuse in good faith to the HSE or to An Garda Síochána.
A person who makes a report in good faith and in the child's best interests may also be protected under common law by the defence of qualified privilege. The Common Law provides a defence, in particular circumstances, to individuals who make verbal or written statements of a kind, which could expose their author to a claim of defamation if such statements were made in different circumstances. The defence exists in recognition of the fact that there are circumstances in which individuals have to be able to speak freely without fear of adverse legal consequences.
In general, the privilege covers situations where the maker of the statement has a duty to speak or is obliged to protect some interest. The duty in question does not have to be a strictly legal one: a moral or social duty to make a statement or report is sufficient. The recipient of the statement must have a corresponding duty to receive the statement. The defence only applies where the individual who makes the statement is not motivated by malice in making this statement.
In circumstances where an individual has a duty to speak and does so without malice, they can be assured that the defence of the qualified privilege will protect them from any defamation claim to which their statement could possibly give rise. The defence will apply, for example, when an employee reports to their line manager (or some specially designated person), their bona fide suspicion that a fellow employee may have committed an act of abuse in the course of the latter's employment.
Pending the outcome of the investigation and any subsequent disciplinary process, the CSO should take whatever protective measures necessary to ensure that children are not exposed to risk. These protective measures are not disciplinary measures, and may include:
Putting the staff member off duty pending the outcome of the investigation should be reserved for exceptional circumstances. It should be explained to the staff member concerned that the decision to put them off duty is a precautionary measure and not a disciplinary sanction.
The views of the staff member concerned will be taken into consideration when determining the appropriate protective measures to take. However, the final decision will rest with the Director General of the CSO.
Recruitment to the civil service is managed by the Public Jobs, however, the CSO manages some of its own recruitment. Garda vetting by An Garda Síochána is carried out on all field staff, including temporary staff. The CSO reserve the right to Garda vet employees at any stage during their employment.
HR complete references checks for any staff employed directly by the CSO. Any externally contracted staff must have their references checked by the relevant hiring manager. There is provision for review of a potential candidate if a disclosure is made.
For full time staff members, the first year of their employment is considered the probationary contract (pro-rata for temporary staff) and is highlighted in the contract as such. Prior to completion of the probationary period, a decision is made as to whether or not the staff member should be retained pursuant to Section 5A(2) of the Civil Service Regulation Acts 1956-2005. This decision is based on the staff members performance and suitability for the role. The probationary contract may be terminated at any time prior to the expiry of the term of the contract by either side in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
As part of the Child Safeguarding Policy within the CSO, all new members of staff who will directly deal with children are required to complete a Self-Declaration Form and agree to comply with the provisions outlined in the CSO Child Safeguarding Policy. Any new hires which this is applicable to will receive the policy and declaration as part of their new hire pack.
Line managers are responsible for assessing if staff will deal directly with children and will brief them on their responsibilities at the commencement of their assignment to these duties. All staff who are dealing with children will also undertake an annual course on the Child Safeguarding Policy. It is the responsibility of their line managers to ensure that any refresher courses are carried out.
All staff will also be provided with a copy of the CSO Child Safeguarding Policy, and it is their duty to familiarise themselves with and adhere to the procedures outlined in the policy.
The Central Statistics Office (CSO) has a corporate duty to promote the safety and well-being of children with whom it is in contact in any capacity. It is therefore required that all CSO staff members who will directly deal with children complete and sign this declaration form.
Staff Self Declaration Form | |
Name of Staff (block capitals): | |
Personnel Number: | |
Department: | |
Location: | |
Declaration | |
I have read the CSO Child Safeguarding Policy, and I fully understand its provisions and my responsibility to safeguard children. I agree to follow and be bound by the guidelines on procedures and practices contained within this Policy. I am aware that I must notify my manager/HR of anything that may affect my suitability. I will ensure I notify CSO HR of any convictions, cautions, court orders, reprimands, or warnings I may receive. |
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Signed: | |
Date: |
THIS DECLARATION MUST BE SIGNED, RETURNED TO HR, AND RETAINED ON EMPLOYEE ES FILE