1. Child Protection Procedures for Post Primary schools/Centres of Education

2. Children First : National Guidance for the Protection and Welfare of Children (Department of Children and Youth Affairs, 2011) Children First The Children First ACT 2015, when fully commenced, will put elements of this guidance on a statutory footing to ensure compliance by all organisations working with childrenChildren First ACT 2015 Only a few sections of The Children First Act have yet been commenced Child Protection Procedures (CPP) for Primary and Post-Primary Schools (DES, 2011) Child Protection Procedures CPG – PRINCIPAL GUIDANCE

3. What is Child Protection about? See Appendix 3 (Page 53) of Child Protection Procedures for Primary and Post Primary Schools - CPPCPP Child Neglect (wilful & circumstantial) Emotional Abuse Physical Abuse Sexual Abuse The threshold of significant harm is reached when the child’s needs are neglected to the extent that his/her well being and/or development are severely affected.

4. Aims/Objectives – Children First To assist in the identification & referral of child protection/welfare concerns To improve understanding of child protection To promote consistency in policies and procedures To emphasise that the welfare of the child is paramount

5. Children First – Responsibilities of School Management Have clear procedures which all staff must follow Designate a Designated Liaison Person (DLP) and a DDLP Monitor progress of children at risk Contribute to prevention through curricular provision Provide access to training for staff Have clear procedures in event of an allegation against staff

6. Aim of Child Protection Procedures (CPP) for Primary and Post-Primary Schools To translate Children First into a form that schools may use efficiently and effectively to protect children. To give direction and guidance in dealing with suspicions & allegations Apply to everyone working with children in paid or unpaid capacity

7. ROLE OF TUSLA To provide advice to DLPs Once a referral has been received TUSLA has to decide what action, if any, will be taken May call a Child Protection Conference May request, through DLP, person to whom child disclosed to attend TUSLA must inform school of outcome

8. Reasonable Grounds for Concern Children First states that the HSE (TUSLA) should always be notified where a person has reasonable concerns that a child may have been abused, is being abused or is at risk of abuse Reasonable grounds could be a disclosure by a child, an account by a witness, injuries or other indications of abuse The Child Care Act 1991 defines a child as anyone under 18 years of age, excluding a person who is or has been married.

9. Actions Required of School Personnel School personnel who receive an allegation or have a suspicion re abuse should without delay report this to the Designated Liaison Person (DLP). A verbal report should be followed by a report in writing. If DLP is satisfied there are reasonable grounds for concern he/she should report the matter immediately to TUSLA.

10. Role of DLP (1) If concerned/unsure consult the duty social worker (TUSLA) for advice, not naming the child If satisfied there are reasonable grounds for concern report in person/writing/phone to TUSLA In emergency contact Gardaí Report should include all information required by standard reporting form Verbal report to be followed by written report

11. Role of DLP (2) Inform parent/carer unless to do so would endanger the child Record information given to parents or record the decision not to inform and reasons why Report to BOM/ETB. No details should be given to BOM/ETB unless there are issues that need to be addressed directly by employer

12. ETB is the Employer & the Chief Executive (CE) has executive responsibility for all matters relating to employment BOM has no role in relation to employment matters BOM RESPONSIBILITIES

13. 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 or which they have responsibility of are implemented. Have regard for welfare of students over & above the DES Procedures BOM RESPONSIBILITIES

14. All schools (BOMs) must have a child protection policy (Policy TEMPLATE at Page 38 of CPP in APPENDIX 1) that adheres to certain key principles of best practice (CPP 1.2).CPP All schools (BOMs) 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. BOM RESPONSIBILITIES

15. Child Protection Policy must: ‘Incorporate the adoption and implementation, without modification of the Child protection Procedures for Primary and Post Primary schools ‘ CPP 1.3.1. Name DLP & DDLP CPP 1.3.1. ‘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 1.3.2. ‘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 1.3.3. BOM RESPONSIBILITIES

16. Child Protection Policy must be: Formally adopted by BOM CPP 1.3.4. Provided to DES & Patron (ETB) – if requested - CPP 1.3.4. Made available to ‘school personnel, the Parents Association … and be readily accessible to parents on request - CPP 1.3.4. Reviewed annually by BOM - CPP 1.4.1. BOM RESPONSIBILITIES

17. BOM Annual Review must ‘Specifically review the school’s implementation of the Child protection Procedures for Primary and Post Primary schools ‘ – see Review Check list at Page 39 of CPP in Appendix 2 – also CPP 1.4.2CPP Checklist not exhaustive – BOM may include other relevant items - CPP 1.4.2. [See ETBI Checklist] BOM RESPONSIBILITIES

18. 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 1.4.3. BOM ‘shall make arrangements to inform school personnel ‘ that review has been undertaken – CPP 1.4.4. Written notification that review has been undertaken shall be provided to Parents Association or, where none exists, directly to parents (see Appendix 2) – CPP 1.4.4. Record of BOM review shall be made available, on request to Patron (ETB) and/or DES - CPP 1.4.4. BOM RESPONSIBILITIES

19. Responsibility of all schools to contribute to the prevention of child abuse and neglect through curricular provision – CPP 1.5.1 In this context SPHE mandatory in Junior Cycle & ALL 2 nd level schools required to have RSE programme at Senior Cycle – BOM is responsible for ensuring this - CPP 1.5.1 & Section C 12 (Page 35) BOM HandbookBOM Handbook BOM must ensure that all school personnel & BOM members have necessary familiarity with DES CPP – CPP 1.8. BOM RESPONSIBILITIES

20. To adopt a policy on the vetting of all school personnel, including voluntary workers (CPP 1.7). DES Circular Letter 31/2016 Re Commencement of Statutory Requirements for Garda Vetting is also relevant here. NOTE: The New Vetting Procedures reflect all relevant provisions in the NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACT 2012- 2016 (as amended by the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016).Circular Letter 31/2016 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/volunteers. BOM RESPONSIBILITIES

21. 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. The commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012- 2016) on 29 April 2016 makes it mandatory for employers (ETBs) to obtain vetting disclosures before employing any person providing services to children. Failure to do so constitutes a crime. BOM RESPONSIBILITIES

22. 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. BOM RESPONSIBILITIES

23. Protocols should have particular regard for children with special needs and vulnerable adults – CPP 2.3.1 & 2.3.2. Code of Ethics & Good Practice for Children’s Sport published by Irish Sports Council http://www.irishsportscouncil.ie/Particip ation/Code_of_Ethics/Code_of_Ethics_M anual/ http://www.irishsportscouncil.ie/Particip ation/Code_of_Ethics/Code_of_Ethics_M anual/ Our Duty to Care published by Dept. of Health and Children helpful in this regard. http://www.dcya.gov.ie/documents/publications /ODTC_Full_Eng.pdf http://www.dcya.gov.ie/documents/publications /ODTC_Full_Eng.pdf BOM RESPONSIBILITIES

24. 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 3.2.1 & 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 3.2.1. BOM RESPONSIBILITIES

25. 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

26. 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

27. 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 4.2.5. BOM RESPONSIBILITIES

28. Immunity from civil liability to any person who reports child abuse ‘reasonably and in good faith’ to designated officers of the HSE or Gardaí Significant protections for employees who report child abuse. ALSO Creates an offence (criminal) of false reporting of child abuse where a person makes a report of child abuse to the appropriate authorities ‘knowing that statement to be false’ Protection for Persons Reporting Child Abuse Act, 1998 provides:

29. 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

30. 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) 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) 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

31. Reports to TUSLA (Child & Family Agency) may be subject to the provisions of the FOI Acts – CPP 1.12.1 However, FOI Acts also provide that public bodies may refuse access to information obtained by them in confidence. CPP 1.12.1 - S. 32 & S.35 of FOI Act 2014S. 32 S.35 Relevant exemptions/exclusions include the following. Records covered by legal professional privilege. Records which facilitate the commission of a crime; Records which reveal a confidential source of information. CPP 1.12.2 BOM RESPONSIBILITIES

32. 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 1.13.1 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 1.13.2 Detailed Guidance for schools on Data Protection available: http://www.dataprotectionschools.ie/en/http://www.dataprotectionschools.ie/en/ BOM RESPONSIBILITIES

33. 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) ANTI-BULLYING PROCEDURES FOR PRIMARY AND POST- PRIMARY SCHOOLS ANTI-BULLYING PROCEDURES FOR PRIMARY AND POST- PRIMARY SCHOOLS School (College) Anti-Bullying Policy Template BOM RESPONSIBILITIES