Child Protection Training BOM Members

BOM RESPONSIBILITIES Came into effect on 1 August, 2012 Introduces a form of mandatory reporting to the Gardaí, where a person knows OR believes a person has committed a scheduled offence against children and/or vulnerable persons AND s/he has information that s/he knows or believes might be of material assistance in securing the apprehension, prosecution or conviction …. Best to err on the side of caution and report to the Gardaí This obligation is in addition to any obligations under the Child Protection Procedures Allegations and/or concerns of child abuse reported to the TUSLA (Child & Family Agency) should also be reported to the Gardaí Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

BOM RESPONSIBILITIES ETB is the Employer & CE has executive responsibility for all matters relating to employment. BOM has no role in relation to employment matters. So BOM role less onerous in ETB Schools…..

BOM RESPONSIBILITIES BOM members have Responsibility to: Be familiar with the DES Child Protection Procedures for Primary & Post Primary Schools – CPP. Have ready access to the DES Procedures. Take reasonable care to ensure that aspects of the DES Procedures for which they have responsibility are implemented. Have regard for welfare of students over & above the DES Procedures

BOM RESPONSIBILITIES ‘Obligation on schools (BOMs) to provide students with the highest possible standard of care in order to promote their well being and protect them from harm’ (CPP 3.1.1) While the CE/ETB has a responsibility in this regard, the BOM also needs to be proactive in this matter.

BOM RESPONSIBILITIES All schools (BOMs) must have a child protection policy (APPENDIX 1) that adheres to certain key principles of best practice (CPP 1.2). All schools (BOMs) [should ETBs also do?] required to formally adopt and implement, without modification, the ‘Child Protection Procedures for Primary and Post Primary Schools’ as part of their overall child protection policy – see policy template at Appendix 1 … (CPP 1.2)

BOM RESPONSIBILITIES Child Protection Policy must: ‘Incorporate the adoption and implementation, without modification of the Child protection Procedures for Primary and Post Primary schools ‘ CPP Name DLP & DDLP CPP ‘State that the school in its policies. practices and activities will adhere to’ 5 ‘principles of best practice in child protection and welfare’ See Appendix 1 - CPP ‘List other school policies, practices and activities that are particularly relevant to child protection’ – e.g. – Code of behaviour, Anti Bullying, Pupil Attendance Strategy, Supervision of Pupils, Sporting Activities, School Outings, Work placements, One-to-One Teaching/Guidance, etc.. - CPP

BOM RESPONSIBILITIES Child Protection Policy must be: Formally adopted by BOM CPP Provided to DES & Patron (ETB) – if requested - CPP Made available to ‘school personnel, the Parents Association … and be readily accessible to parents on request - CPP Reviewed annually by BOM - CPP

BOM RESPONSIBILITIES BOM Annual Review must ‘Specifically review the school’s implementation of the Child protection Procedures for Primary and Post Primary schools ‘ – see Check list at Appendix 2 – CPP Checklist not exhaustive – BOM may include other relevant items - CPP [See ETBI Checklist]

BOM RESPONSIBILITIES School Authority shall put in place an action plan to address any areas for improvement identified by the review and arrange for these to be dealt with as quickly as possible - CPP BOM ‘shall make arrangements to inform school personnel ‘ that review has been undertaken – CPP Written notification that review has been undertaken shall be provided to Parents Association or, where none exists, directly to parents (see Appendix 2) – CPP Record of BOM review shall be made available, on request to Patron (ETB) and/or DES - CPP

BOM RESPONSIBILITIES SPHE mandatory in Junior Cycle & 2 nd level schools required to have RSE programme at Senior Cycle – BOM is responsible for ensuring this - CPP & IVEA BOM Handbook (currently being revised) P.45: BOM has ‘responsibility for the general direction of the organisation and curriculum of the school’. BOM must ensure that all school personnel & BOM members have necessary familiarity with DES CPP – CPP 1.8.

BOM RESPONSIBILITIES To adopt a policy on the vetting of all school personnel, including voluntary workers (DES circular 0094/2006 & CPP 1.7). DES Circular Letter 63/2010 Re Recruitment procedures – requirements for Garda vetting is also relevant here. NOTE: these being currently revised in the context of NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012 being commenced later this year (2015).63/2010 In ETB schools, a scheme wide policy may be developed. However the policy is developed, each school BOM should adopt a policy on the vetting of all school employees.

BOM RESPONSIBILITIES NOTE HOWEVER: Given the limited nature of Garda vetting, it is essential to check references and previous employment history on employing someone. Essential that questions regarding child protection be asked of job applicants. When the National Vetting Bureau (Children and Vulnerable Persons) Act is commenced (scheduled for 1 March 2015???) it will be mandatory for employers (ETBs) to obtain vetting disclosures before employing any persons providing services to children.

BOM RESPONSIBILITIES Ensure school has protocols governing practices in relation to : One-to-one teaching & counselling Dressing rooms, shower facilities, swimming pools School tours, overnight trips, detention, etc. Transport of children to & from school-related activities & other school activities which demand that special care be taken to ensure that the highest standards of care are provided for all students. S. 15 Education Act 1998: BOM duty to ‘manage school … for the benefit of the students’. Also: Common Law Duty of Care

BOM RESPONSIBILITIES Protocols should have particular regard for children with special needs and vulnerable adults – CPP & Code of Ethics & Good Practice for Children’s Sport published by Irish Sports Council _of_Ethics/Code_of_Ethics_Manual/ _of_Ethics/Code_of_Ethics_Manual/ Our Duty to Care published by Dept. of Health and Children helpful in this regard. _Full_Eng.pdf _Full_Eng.pdf

BOM RESPONSIBILITIES Designate a senior full time member of staff as the Designated Liaison Person (DLP) for the school - expected that the DLP will normally be the Principal (CPP & DES Circular: M62/04) In ETB schools, the CE should designate a senior member of staff as the DLP and this designation should be adopted by BOM. Similar requirement for designation of Deputy DLP. Name of DLP must be displayed in a prominent place near the main entrance to school – CPP Name of DLP must be displayed in a prominent place near the main entrance to school – CPP

BOM RESPONSIBILITIES CPP 1.8. Ensure that all school staff / volunteers are up-to-date on Child Protection matters - Agenda item BOM meetings. CPP 1.8. WHILE … In an ETB school, CE has responsibility for all staff training, nevertheless, BOM should be aware of the need for & extent of such training.

BOM RESPONSIBILITIES At each BOM meeting, the principal’s report shall: (CPP 3.3) – –state the no. of reports made to TUSLA (Child & Family Agency) by the DLP since last BOM meeting and – –state the no. of cases, since the last Board meeting, where the DLP sought advice from TUSLA (Child & Family Agency) and as a result of this advice, no report was made, or – –where there were no such cases at (a) or (b) above, state this fact.

BOM RESPONSIBILITIES Minutes of BOM meetings shall record the details of such reports from the Principal – CPP 3.3. In the interest of protecting the anonymity of the child, no details should be disclosed to BOM. Any information or details that might identify a child should not be recorded in the minutes of BOM meetings – CPP

BOM RESPONSIBILITIES S 176 of the Criminal Justice Act 2006 introduced the criminal charge of reckless endangerment … A person having authority or control over a child or abuser, who intentionally or recklessly endangers a child by – a) a) causing or permitting any child to be placed OR left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or b) b) failing to take reasonable steps to protect a child from such a risk, while knowing that the child is in such a situation, is guilty of a crime.

BOM RESPONSIBILITIES CPP Reports to TUSLA (Child & Family Agency) may be subject to the provisions of the FOI Acts – CPP CPP S. 32 & S.35 of FOI Act 2014 However, FOI Acts also provide that public bodies may refuse access to information obtained by them in confidence. CPP S. 32 & S.35 of FOI Act 2014 Relevant exemptions/exclusions include the following. Records covered by legal professional privilege. Records which facilitate the commission of a crime; CPP Records which reveal a confidential source of information. CPP

BOM RESPONSIBILITIES CPP Data Protection Acts give a person right to establish the existence of personal data, to have access to any such data (within 40 days of request being made) and to have inaccurate data rectified or erased – CPP and is not used or disclosed in any manner incompatible with those purposes. D. P. Acts require data controllers to ensure that data is collected fairly, is accurate and up-to-date, is kept for lawful purposes, and is not used or disclosed in any manner incompatible with those purposes. D. P. Acts Require data controllers to protect the data they keep and impose a special duty of care in relation to the individuals about whom they keep data - CPP D. P. Acts Require data controllers to protect the data they keep and impose a special duty of care in relation to the individuals about whom they keep data - CPP Detailed Guidance for schools on Data Protection available: Detailed Guidance for schools on Data Protection available:

BOM RESPONSIBILITIES Relevant Web Addresses Child Protection Procedures for Primary and Post- Primary Schools (Department of Education and Science, 2011) Child Protection Procedures for Primary and Post- Primary Schools Department of Education and Science: Circular Letter 0065/2011Circular Letter 0065/2011 Children First: National Guidance for the Protection and Welfare of Children (Department of Children and Youth Affairs, 2011) Children First Child Protection and Welfare - Practice Handbook The Child and Family Agency (TUSLA)