Raising a Child Safeguarding Concern

The CSO has adopted a standard reporting procedure for dealing with disclosures, concerns, or allegations of child abuse, harm or neglect. Further information on what constitutes Child Abuse and how to recognise and report it is available in Chapter 2 of Children First: National Guidance for the Protection and Welfare of Children.
Where there are ‘reasonable grounds for concern’ that a child may have been, is being, or is at risk of being abused, harmed, or neglected, the following procedure should be followed by staff.

Reasonable grounds for concern

The following are reasonable grounds for concern:

• Evidence, for example an injury or behaviour, that is consistent with abuse and is unlikely to have been caused in any other way
• Any concern about possible sexual abuse
• Visible signs of neglect or harm
• A child saying or indicating by other means that he or she has been abused/neglected/harmed
• Admission or indication by an adult or a child of an alleged abuse they committed
• An account from a person who saw a child being abused/neglected/harmed.

Recording of Information

If an employee has a concern, they should make a note of what they observed or were told as soon as possible. Never paraphrase, use the exact words heard. If you observed something, record what you saw, not how you interpret it. It is not the job of the employee to investigate or prove something happened, the employee is passing on a reasonable concern. This information should be communicated to the DLP as soon as possible and without delay. The DLP will take any necessary follow-up action. Records will be maintained centrally by the DLPs.

Raising a Concern

• Staff should raise a concern with their line manager who then informs the DLP.  An exception to this is if there is an immediate serious concern for the welfare of a child.  In this circumstance the staff member must call An Garda Síochána directly, and then contact their line manager.  
• Where appropriate, a line manager will ask a staff member/interviewer to make a written note on a Child Safeguarding Form (see Appendix 4) and return this to the DLP assigned to their area.
• The DLP will contact the relevant person in HR.
• During induction training staff are reminded to raise concerns immediately.

Reporting to Tusla

• The DLP contacts Tusla to inform them of the concern and submits a written report if necessary.  The Relevant Person takes advice from Tusla on a case-by-case basis as to whether to inform parents/guardians of a report.
• In consideration of responsibilities under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012, it may be necessary for the DLP to also report a concern to An Garda Síochána.
• If the Office decides not to report, the reasons for this decision are recorded and a written statement is given to the person who raised the concern. 

Where a Survey interviewer encounters a child home alone separate guidance and procedures should be provided. The obligations under this Child Safeguarding Policy should supplement other office policies on a positive work environment.

All staff should note that:
The person who first encounters a case of alleged or suspected abuse is not responsible for deciding whether or not abuse has occurred. That is a task for TUSLA and An Garda Síochána. Under no circumstances should any staff member attempt to deal with the problem of abuse alone.
If you think a child is in immediate danger and you cannot contact the Designated Liaison Person or Tusla, you should contact the Gardaí without delay.

Cases Not Reported to TUSLA or An Garda Síochána

In those cases where the DLP decides not to report concerns to TUSLA or An Garda Síochána, the individual employee who raised the concern will be given a clear written statement of the reasons why the CSO is not taking such action. The employee will be advised that if they remain concerned about the situation, they are free as individuals to consult with, or report to, TUSLA or An Garda Síochána. The provisions of the Protections for Persons Reporting Child Abuse Act 1998 apply once they communicate 'reasonably and in good faith'.

Confidentiality

Considerations of confidentiality will not be allowed to override the right of the child to protection. The welfare of the child will be paramount. It is not a breach of confidentiality or data protection to give information which supports the protection of a child.

Therefore, in matters of child abuse, an employee should never promise to keep secret any information which is divulged. It should be explained to the child that this information cannot be kept secret but only those who need to know will be told. It is essential in reporting any case of alleged/suspected abuse that the principle of confidentiality applies. The information should only be shared on a ‘need to know’ basis and the number of people that need to be informed should be kept to a minimum. Concerns about a child that are reported anonymously should be followed up fully in accordance with Tusla standard procedures. Records in relation to child protection and welfare concerns will be kept securely and maintained by the DLPs. The CSO will co-operate with Tusla on the sharing of their records where a child welfare or protection issue arises.

The CSO is committed to attend and share information, as required, at formal child protection and welfare meetings as organised by Tusla i.e. Child Protection Conferences and Strategy Meetings.

The Protections for Persons Reporting Child Abuse Act 1998

This Act provides immunity from civil liability, and from penalisation by an employer, to persons who report child abuse ‘reasonably and in good faith’ to the Designated Officers in the Child and Family Agency or An Garda Síochána (see Appendix 5).