1. Child Safeguarding Briefing
Tusla Children First Team
27/04/17
Child Safeguarding Briefing
2018

2. Tusla Children First Team
27/04/17
Context
Responsibilities & Principles in Children First 2017 (and they continue to operate with the Children First Act 2015)
Everyone who works with children and families has a duty to follow the Children First National Guidance for the Protection and Welfare of Children, The Children First Act 2015 places an additional statutory responsibility on certain persons within organisations and professions. The Children First Guidance is currently being revised to reflect the new legislation.
Children First 2017 was launched on October 2nd 2017.

3. Supporting Legislation
Tusla Children First Team
Supporting Legislation
27/04/17
National Garda Vetting Bureau (Children and Vulnerable Persons) Act 2012
Criminal Justice (Withholding Information on Offences against Children and Vulnerable Persons) Act 2012
The Children First Act 2015 is intended to form part of a suite of legislation which already includes the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Criminal Justice (Witholding of Information on Offences against Children and Vulnerable Persons) Act 2012.

4. Tusla Children First Team
Definitions:
27/04/17
‘Agency’ means ‘TUSLA’ a.k.a.
The Child and Family Agency.
‘Child’ as defined under Child Care Act 1991.
‘Welfare’ includes, in relation to a child, the moral, intellectual, physical, emotional and social welfare of the child.
Definitions
Bullet pt. 1:
‘Agency’ means Child and Family Agency also known as Tusla.
Bullet pt. 2:
‘Child’ has the definition as in section 2 of the Child Care Act 1991 – anyone up to the age of 18 unless they are or have been married.
Bullet pt. 3:
‘Welfare’ includes in relation to a child, the moral, intellectual, physical, emotional and social welfare of the child.

5. Tusla Children First Team
27/04/17
Harm - means in relation to a child:
assault, ill-treatment or neglect of the child in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare, or
sexual abuse of the child
Whether caused by a single act, omission or circumstance or a series or combination of acts, omissions or circumstances or otherwise.
The threshold of harm for each category of abuse at which mandated persons have a legal obligation to report concerns is outlined the Children First Guidance 2017.
Neglect:
Where a mandated person knows, believes or has reasonable grounds to suspect that a child’s needs have been neglected, are being neglected, or are at risk of being neglected to the extent that the child’s health, development and welfare have been or are being seriously affected, or are likely to be seriously affected.
Emotional Abuse:
Where a mandated person knows, believes or has reasonable grounds to suspect that a child has been, is being, or is at risk of being ill-treated to such an extent that the child’s health, development and welfare have been or are being seriously affected, or are likely to be seriously affected.
Physical Abuse:
Where a mandated person knows, believes or has reasonable grounds to suspect that a child has been, is being, or is at risk of being assaulted and that as a result the child’s health, development and welfare have been or are being seriously affected, or are likely to be seriously affected.
Sexual Abuse:
As all sexual abuse falls within the category of seriously affecting a child’s health, welfare and development, all concerns about sexual abuse should be the subject of a mandated report to the Agency, with the exception of certain consensual sexual activity between teenagers, as outlined in the Act.
Definitions for each category of child abuse can be found in the Children First Guidance 2017.
If a mandated person is in doubt about whether his or her concern reaches the legal definition of harm for the purpose of making a mandated report, the Agency can provide advice in this regard.

6. Tusla Children First Team
Definitions:
27/04/17
Authorised Person: Staff in the Agency appropriate to receive reports.
Mandated Person: Persons listed under Schedule 2 of the Act who are required to make reports to the Agency. Clarify through discussion
Relevant Service: Work or activity which consists mainly of access to or contact with children – Schedule 1.
Definitions
Bullet pt. 1:
The chief executive officer of the Agency shall authorise in writing such member or members of staff of the Agency as he or she considers appropriate for the purposes of receiving reports.
Bullet pt. 2:
Schedule 2 of the Act provide of a list of the classes of person who are required to make a mandated report to the Agency.
Bullet pt. 3:
Schedule 1 of the Act provides a list of the types of work or activity that would require an organisation to publish a child safeguarding statement.

7. Child Safeguarding Child Safeguarding Statement
Child Safeguarding Policy & Procedures

8. What is a Child Safeguarding Statement (CSS)?
2/24/201910/7/2014
What is a Child Safeguarding Statement (CSS)?
This is a written statement that specifies the service being provided, and the principles and procedures to be observed to ensure, as far as practicable, that a child, availing of the service, is safe from harm.
(Children First 2017)
See CTC sample developed by P&P project group……………..

9. Child Safeguarding Statement
Tusla Children First Team
27/04/17
Child Safeguarding Statement
A provider of a relevant service shall furnish a copy of the provider’s Child Safeguarding Statement to members of staff, and, on request, to;
a parent or guardian of a child availing of the service
the Agency
members of the public
(Section 11)
Upon completion, you must circulate the Child Safeguarding Statement to all staff members. Your organisation must also display the Child Safeguarding Statement publicly and make it available to parents and guardians, Tusla and members of the public upon request.

11. 2/24/201910/7/2014
Non-Compliance
There is provision in the Children First Act 2015 for TUSLA to establish and maintain a register of non-compliance for service providers who:
Fail to provide a copy of their Child Safeguarding Statement to TUSLA when requested.
Register of non-compliance
13. (1) The Agency shall establish and maintain a register of non-compliance notices (in this
Act referred to as the “register of non-compliance”).
(2) As soon as may be after a non-compliance notice comes into effect pursuant to
section 12, the Agency shall enter the particulars of the non-compliance notice on the
register of non-compliance.
(3) Subject to subsection (4), an entry made in respect of a non-compliance notice shall
be removed from the register of non-compliance upon receipt by the Agency of the
child safeguarding statement to which the entry relates or upon being satisfied that a
child safeguarding statement is no longer required, as may be appropriate, whichever
is the earlier.
(4) A person who is the subject of a non-compliance notice may at any time apply to the
Agency to have the entry concerned removed from the register of non-compliance and
the Agency may, if it considers it appropriate to do so, remove the entry.
(5) The register of non-compliance shall be made available for inspection by members of
the public at all reasonable times at the principal office of the Agency.

12. Reviewing Safeguarding within your organisation
In step one you identified policy and procedures already in place to safeguard children from harm. In the next step you need to consider:
What your organisation currently has in place, formally or informally, to safeguard children from harm.
What your organisation needs to develop to safeguard children from harm.
This step will inform your risk assessment.

13. What is Risk Assessment?
A risk assessment is an exercise where your CTC examines all aspects of your service from a safeguarding perspective to establish whether:
there are any practices or features of your service that have the potential to put children at risk of harm
(Children First Guidance 2017)

14. 2/24/201910/7/2014
Areas To Consider:
Could existing risk management processes be adapted and implemented?
Remember - it is risk in relation to ‘Harm’
Develop templates
Information / training
Governance & Board arrangements

15. Procedures to manage risks identified
2/24/201910/7/2014
Procedures to manage risks identified
As part of your risk assessment you will name the procedures which are already in place to manage the risks you have identified.
Notes and examples

16. Procedures for dealing with allegations against staff
2/24/201910/7/2014
Procedures for dealing with allegations against staff
Clear procedures must be in place for responding to allegations of abuse made against staff in respect of a child availing of the relevant service.
What are the 2 separate procedures to follow?
Best Practice Principle 3.5 in Tusla’s Child Safeguarding: A guide for policy, procedure and practice, provides guidance on developing procedures for responding to allegations of abuse against staff.
If an allegation is made against a worker/ volunteer in your organisation you must ensure that everyone involved is dealt with appropriately and in accordance with the organisation’s guiding principles and child safeguarding procedures, the rules of natural justice and any relevant employment law. The organisation has a dual responsibility in respect of both the child/ young person and the worker/ volunteer. There are two separate procedures to be followed:
The reporting procedure to Tusla in respect of the child/ young person and the alleged abuser.
The internal personnel procedure for dealing with the worker/ volunteer.

17. Who is the CTCs relevant person?
All organisations need to develop appropriate procedures for appointing a relevant person including name and contact details. A relevant person is the first point of contact in relation to the Child Safeguarding Statement. So in your CTC who is that?

18. 2/24/201910/7/2014
Reporting Procedure
Reporting procedures must be in place that are in line with the Children First Act 2015 and with Children First National Guidance 2017
The reporting procedures for staff must take into account mandated persons and those who are not mandated persons. Discuss…….
This part of the Act recognises child protection reports by mandated and non-mandated persons and the need for appropriate reporting procedures to address both.

20. Maintaining a List of Mandated Persons
For the purpose of your CSS, you are required to develop a procedure for maintaining a list of mandated persons.
Identify how many mandated persons are in your service
Are they aware that they are mandated persons?
Role and function

21. Tusla Children First Team
27/04/17
Mandated Persons
Section 14: Mandated persons:
Legal obligation on certain people, many of whom are professionals, who have contact with children and/or families and, because of their qualifications, training and/or employment, are in a key position to help protect children from harm. (Children First Guidance 2017)
Children First Act 2015, Schedule 2
In a CTC context these are, for example, Teachers under your hours in co-operation service from ETB
Bullet Pt. 1:
The Children First Act 2015 places a legal obligation on specific people to report to Tusla any incidences of harm against a child that meet or exceed a specified threshold.
Mandated persons are people who have on-going contact with children and/or families who, by virtue of their qualifications, training and experience, are in a key position to help protect children from harm. Mandated persons include key professionals working with children in the education, health, justice, youth and childcare sectors. Professionals who may not work directly with children, such as those who work in adult counselling or psychiatry, are also mandated persons. The list also includes members of the clergy and registered foster carers.
Bullet Pt. 2:
A full list of people who are classified as mandated persons can be found in Schedule 2 of the Act.

22. Tusla Children First Team
27/04/17
REPORTING
Legal obligation to report: Where a mandated person, knows, believes or has reasonable grounds to suspect that a child is being harmed, has been harmed or is at risk of being harmed, they must report that belief or suspicion to the Authorised Person within the Agency Section 14(1). (Also pertains to where a child discloses to a mandated person) So in a CTC what happens with DLPs?
This obligation arises in relation to information that he or she has received, acquired or become aware of in the course of his or her employment or profession as such a mandated person (Section 14 (1))
The mandated person shall report to the Agency as soon as practicable.
‘Harm’ as defined in Section 2 as:
assault, ill treatment or neglect of the child in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare, or
Sexual abuse of the child
whether caused by a single act, omission or circumstance or a series or combination of acts, omissions or circumstances, or otherwise.

23. Tusla Children First Team
Reporting
27/04/17
Section 14 (3): A mandated person shall not be required to make a report to the Agency where :
He or she knows or believes that:
a child aged 15 years or more but less than 17 years is engaged in sexual activity, and
the other party is not more than 2 years older than the child concerned, and
the relationship between the parties is not intimidatory or exploitative of either party, and
the child concerned has made known to the mandated person their view that such activity should not be reported to the Agency and the person relied upon that view.
Under the Criminal Law (Sexual Offences) Act 2006, the legal age of consent is 17 years. While a sexual relationship where one or both parties in under 17 years of age is illegal, when making a mandated report to the Agency, it might not be regarded as sexual abuse.
Section 14 (3) describes certain conditions attached to underage sexual activity whereby mandated reporters are not required to report.

24. Tusla Children First Team
27/04/17
REPORTING
Sharing of information and assessment of reports (Section 17):
The Agency may share information concerning a child with a mandated person which is necessary and proportionate to the case.
Criminal offence to disclose information to 3rd party without permission of the Agency.
Bullet pt. 1:
The Agency may share information with a Mandated Person concerning a child who is subject to a report.
Bullet pt. 2:
It is a criminal offence (Class A fine or imprisonment) for a Mandated Person or body corporate to share information received from the Agency with a 3rd party, whether it is through willful neglect or connivance of a director, manager, secretary or other officer. A person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

25. What are the challenges for you in your role and for your CTC?
2/24/201910/7/2014
Discussion
What are the challenges for you in your role and for your CTC?
This exercise is a good way to sum up learning and discussion from today. Including challenges going forward. You may introduce the Action Plan at this point for participants to take away with them

26. ACTION PLAN Who will lead the process?
2/24/201910/7/2014
Who will lead the process?
Who is the provider?
Who is the relevant person?
Who is the mandated person/s?
What relevant services do you provide to children within your organisation?
Who are the stakeholders?
How will you assess risk of harm to a child?
What child safeguarding policies and procedures are already in place?
What additional procedures need to be developed?
Finally Consider:
Implementation strategy
Process for oversight and quality assurance
Template of Action Plan