The Childrens First Act 2015 may be accessed at the link below.

Childrens First Act

Schedule 2 of the Act, dealing with the definition of the term 'Mandated Persons', may be accessed at the link below

Mandated Persons

The University's Child Protection Policy may be accessed at the link below. 

Child Protection Policy

Introduction

This Child Safeguarding Statement (CSS) is intended to ensure compliance with the University’s obligations under the 2015 Act, the 2017 Guidance and the requirement of the Code of Governance for Irish universities; to ensure that allegations of child abuse and neglect are reported in accordance with this CSS and to provide a clear framework for managing such reports to assist and support staff.

Dublin City University (DCU) will uphold the key principle that the welfare of the child is paramount and that children are protected, treated with respect, listened to and have their views taken into consideration. 

This CSS should be read in conjunction with the following: 

• DCU Child Protection Policy
• DCU Child Protection Procedures 

Name of Service being Provided

Dublin City University (DCU) is a university established under Statute whose main objectives are the advancement of education through the provision of full and part-time academic programmes at Undergraduate, Postgraduate and Doctoral levels and the undertaking of Research for societal benefit.  In addition, DCU is renowned for its commitment to innovation and entrepreneurship and its proactive engagement with the enterprise sector and its local community.

DCU is based in Dublin with over 19,000 students and 1,600 staff based on five campuses (St. Patricks, Glasnevin, All Hallows, DCU Alpha- the Innovation Campus and its Sports Campus (St. Clare’s).

Definitions

‘Assault’ in relation to a child, means when someone deliberately hurts a child physically or puts him/her at risk of being physically hurt. It may occur as a single incident or as a pattern of incidents. Please refer to Appendix 1 of this Child Safeguarding Statement (‘CSS’) where an extract from Chapter 2 of the 2017 Guidance is reproduced. This outlines types of child abuse and how they may be recognized.

‘Child’ means a person under the age of 18 years of age other than a person who is or has been married. 

‘Designated Liaison Person’ (DLP) means a person appointed by the University in accordance with the 2017 National Guidance. For the purpose of this CSS, the DLP will also be the Relevant Person.

 ‘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. 

‘Ill-treatment’ means in relation to a child, to abandon or cruelly treat the child, or causing or procuring or allowing the child to be abandoned or cruelly treated. Please refer to Appendix 1 of this CSS where an extract from Chapter 2 of the 2017 Guidance is reproduced. This outlines types of child abuse and how they may be recognized.

 ‘Mandated Person’ (MP) means a person, employed by the University, who is specified in Schedule 2 of the 2015 Act, the full list of MPs specified in Schedule 2 of the 2015 Act and this includes:

• Registered nurse
• Physiotherapist
• Psychologist/ Counsellor
• Teacher registered with the Teaching Council
• Manager of a Language School
• Member of the clergy 

These are specific professional or role are mandated to report any suspicion re child safety.

‘Mandated Report’ means a report made by a mandated person in accordance with Sections 14(1) & 14(2) of the 2015 Act.

 ‘Neglect’ means, in relation to a child, to deprive the child of adequate food, warmth, clothing, hygiene, supervision, safety or medical care. Please refer to Appendix 1 of this CSS where an extract from Chapter 2 of the 2017 Guidance is reproduced. This outlines types of child abuse and how they may be recognised.

‘Non-Mandated Persons’ (NMPs) means, for the purpose of this CSS, any person employed by the University other than a Mandated Person.

‘Non-Mandated Report’ means any report made to Tusla in accordance with this CSS and/or the National Guidance, other than a mandated report.

‘Physical Abuse’ in this CSS, physical abuse has the same meaning as assault. Please refer to Appendix 1 of this CSS where an extract from Chapter 2 of the 2017 Guidance is reproduced. This outlines types of child abuse and how they may be recognized.

‘Relevant Person’ (RP) means the person appointed by the University as the relevant person in accordance with Section 8 of the 2015 Act and who will be the first point of contact in respect of this CSS. For the purpose of this CSS, the Relevant Person will also be the DLP. 

 ‘Sexual Abuse’ means in relation to a child, the offences specified in Schedule 3 of the 2015 Act. Please refer to Appendix 1 of this CSS where an extract from Chapter 2 of the 2017 Guidance is reproduced. This outlines types of child abuse and how they may be recognized. 

‘2015 Act’ refers to the Children First Act 2015, as amended.

‘2017 Guidance’ refers to ‘Children First: National Guidance for the Protection and Welfare of Children’, issued by the Department of Children and Youth Affairs in 2017. 

 ‘Welfare’ in relation to a child, includes the moral, intellectual, physical, emotional and social welfare of the child.

‘University’ means Dublin City University.

‘University members’ includes:

• members of Governing Authority
• members of Heads and Deans
• members of Academic Council, 
• the University’s employees,
• the University’s students,
• any other person Governing Authority may designate as a member
• For the purpose of this CSS, it also includes any volunteer, service provider or graduate member engaged in the University’s arranged activity. 

Nature of service and principles to safeguard children from harm

The University falls within the definition of an organisation that provides relevant services to children as outlined in Schedule 1 of the 2015 Act, Schedule 1.

The University admits some students who are under the age of 18. It provides education, engages in research and provides other activities including Centre for Talented Youth, Access Programme, Language School, Transition Year programmes, School Tours/visits and Summer Camps that involve children coming onto the campus. 

Any new activity involving children will be risk assessed by the organiser. 

The University will maintain links with Tusla and An Garda Síochána in order to promote child protection and welfare policies and practices. 

Aims and Objectives 

The purpose of this CSS is to ensure compliance with the University’s statutory obligations and the 2017 Guidance, as well as promoting best practice in child protection by: 

• complying with statutory obligations under the 2015 Act;
• complying with non-statutory best practice outlined in the 2017 Guidance;
• ensuring, as far as practicable, that children are safe from harm while availing of the University’s services (i.e. while attending the University or while participating in university activities);
• undertaking an assessment of any potential for harm to children while they are availing of a service from the University;
• preparing and displaying this CSS in accordance with the requirements of Section 11 of the 2015 Act;
• appointing a Relevant Person to be the first point of contract in respect of this CSS. For the purpose of this CSS, the Relevant Person will be the Designated Liaison Person;
• providing a copy of this CSS to University personnel and, where requested to students, parents, members of the public and to Tusla;
• setting out procedures to enable University members to deal with child protection concerns in which the protection and well-being of the child is the paramount consideration; 
• training University members to make informed decisions and appropriate responses to child protection concerns; 
• advising University members on their responsibilities in relation to child protection and compliance with statutory and non-statutory obligations; and
• ensuring information relating to child protection concerns is only shared on a “need to know” basis in accordance with the requirements of the 2015 Act and the 2017 Guidance. 

Legal Framework

The legal framework and key publications are outlined in Appendix 2.

Roles and Responsibilities

This CSS is intended to ensure the University’s compliance with the 2015 Act and the 2017 Guidance and to assist University members, in dealing appropriately with child protection concerns. 

Responsibility for the implementation of this CSS

The ultimate responsibility for the implementation of this CSS rests with the University President.

Responsibility of Line Managers 

It is the responsibility of all unit managers to ensure that each University member is made aware of their duties and complies with this CSS, insofar as it applies to them.

Responsibility of the University Members

This CSS applies to all University members and it is the duty of each University member to comply with this CSS.

Responsibility of the Designated Liaison Person (DLP) 

The University will appoint a DLP who will:

• act as a resource to any University member who has a child protection query or concern;   
• act as a liaison with outside agencies such as the Child and Family Agency (“Tusla”) and An Garda Síochána;
• ensure that mandated and non-mandated reporting procedures are followed, so that cases of child abuse and neglect are referred promptly to TUSLA and/or to An Garda Síochána; 
• ensure compliance by MPs with joint reporting procedures;
• record all allegations of child abuse and neglect brought to his/her attention;
• record all actions taken in relation to allegations of child abuse and neglect;
• where a concern does not reach the threshold for mandated reporting, but there remains a reasonable concern about the welfare or protection of a child, report this to Tusla; 
• seek informal advice from Tusla where there is any doubt as to whether a matter should be reported to Tusla and/or as to whether a mandated report should be made; 
• record the reasons where a decision is made not to report an allegation;
• in instances where the DLP is of the view that a report does not need to be made, the DLP should inform the MP that it is open to the MP to seek informal advice from Tusla and/or to report his/her concern and/or to make a mandated report where s/he still considers that such a report is warranted;
• in instances where the DLP is of the view that a report does not need to be made, but the MP decides to make a report the DLP:
  • request a copy of the report from the MP and note on the report why a report was made by the DLP;
  • ensure that s/he is knowledgeable about child protection and undertakes any training considered necessary to keep updated on new developments; and
  • uphold the key principle that the welfare of the child is paramount.

In accordance with this CSS, an MP shall, when making a mandated report, make it jointly with the DLP. 

The University may appoint a person to act as the DLP who is also an MP.

The Designated Liaison Person (DLP) responsible for dealing with all child protection matters in DCU is the Chief Operations Officer.  In the absence of the Designated Liaison Person the Deputy Designated Liaison Person (DDLP) responsible for dealing with child protection matters is the Deputy Chief Operations Officer or the Deputy President.

Responsibility of Mandated Persons

The statutory obligation to report mandated concerns in accordance with the 2015 Act rests with Mandated Persons and not with the Designated Liaison Person.

In accordance with this CSS, MPs are required:

• to inform the DLP as part of the reporting structure of any allegations, suspicions or disclosures of child abuse or neglect; 
• when making a mandated report, to make it jointly with the DLP;
• Where the DLP is of the view that a report does not need to be made, the DLP should inform the MP that it is open to the MP to seek informal advice from Tusla and/or to report his/her concern and/or to make a mandated report where s/he still considers that such a report is warranted. In such circumstances, the MP shall:
• inform the DLP that a report has been made and whether it was a mandated report; and
• provide a copy of the report to the DLP.
• assist Tusla, if requested, in accordance with Section 16 of the 2015 Act in assessing a concern which has been the subject of a mandated report; and
• uphold the key principle that the welfare of the child is paramount.

Risk Assessment

The University has undertaken a risk assessment in which it has assessed potential harm to children while availing of the services provided by the University and the list of procedures for managing these risks. The DCU Child Protection Procedures document sets out the Risk Assessment Template. See Appendix 3 of this CSS. 

Procedures

This CSS has been developed in line with requirements under the 2015 Act and the 2017 Guidance. In addition to the University’s risk management process, the following procedures support the University’s intention to safeguard children while they are availing of its services. 

Procedure for the management of allegations of abuse or misconduct against staff/volunteers of a child availing of the University’s services

If an allegation is made against a university staff member, action will be guided by the 2015 Act, the 2017 Guidance, the agreed procedures and the rules of natural justice.

The DLP shall be informed as soon as possible. 

The first priority should be to ensure that no child is exposed to unnecessary risk. The DLP shall, as a matter of urgency, refer the matter to the Director of Human Resources (Note [1]) who may take any necessary protective measures, including, where necessary, immediately placing the staff member on administrative leave. These measures should be proportionate to the level of risk and should not unduly penalise the staff member, financially or otherwise, unless necessary to protect children. 

Any allegation must be dealt with sensitively and the University member treated fairly. This includes the right not to be judged in advance of a full and fair enquiry. The DLP will advise the Director of HR who should advise the person against whom the allegation of child abuse is being made of the following:

• the fact that an allegation has been made against him/her; and
• the available details of the nature of the allegation. 

A follow up of allegations of abuse against a university staff member should be made in consultation with Tusla and/or An Garda Síochána. Immediate contact should be made with these two agencies for that purpose.

It is important to note that if an allegation is made against a university staff member, there are two procedures to be followed:

• the relevant HR procedures applicable to the University member; and 
• reporting the allegation in accordance with sections 8.3 and 8.4 of this CSS, to Tusla and An Garda Síochána. 

In general, the same person should not have the responsibility of dealing with both procedures. The DLP (Note [2]) is responsible for reporting the matter to Tusla and/or An Garda Síochána, while the Director of Human Resources or his/her nominee is responsible for addressing the relevant procedural issues applicable in respect of a university staff member. 

Allegations of child abuse against a student member of the University

If an allegation is made against a student member of the University, action should be guided by the 2015 Act, the 2017 Guidance, the agreed procedures under the Student Code of Conduct and Discipline.

The DLP should be informed as soon as possible.

The first priority should be to ensure that no child is exposed to unnecessary risk. The DLP shall, as a matter of urgency, refer the matter to the Deputy President & Registrar who may take any necessary protective measures. These measures should be proportionate to the level of risk and should not unduly penalise the student member, unless necessary to protect children.

Any allegation of abuse must be dealt with sensitively and the University student member should be treated fairly. This includes the right not to be judged in advance of a full and fair enquiry. The DLP should privately advise the person against whom the allegation of child abuse is being made of the following;

• The fact that an allegation has been made against him/her; and
• The available details of the nature of the allegation.

The University student member should be afforded the opportunity to respond to the DLP (rather than the Person making the allegation). The DLP should note the response and pass the information on to Tusla, if making a formal report.

A follow up of allegations of abuse against a university student member should be made in consultation with Tusla and/or An Garda Síochána. Immediate contact should be made with these two agencies for that purpose.

It is important to note that if an allegation is made against student member of the University, then there are two procedures to be followed:

• dealing with the matter in accordance with the Student Code of Conduct and Discipline
• reporting the allegation in accordance with this CSS, to Tusla and An Garda Síochána.

In general, the same person should not have the responsibility of dealing with both procedures. The DLP is responsible for reporting the matter to Tusla and/or An Garda Síochána, while the Vice President for Academic Affairs is responsible for addressing the application of the student Code of Conduct, if relevant.

It should be further noted that in the event that an allegation is made against a student who is under 18 years of age, this should be considered a child welfare and protection issue for both children and the DLP should follow the outlined procedures for both the alleged victim and the alleged abuser. For further details, please see Appendix 1 of this CSS in relation to the signs and symptoms of abuse/bullying. 

Procedure for the safe recruitment and selection of staff and volunteers to work with children

The University:

• appoints appropriately qualified/experienced interview boards;
• uses standard forms and agreed recruitment procedures;
• requires appropriate qualifications/experience from applicants;
• issues job/role description for each post that describes the broad range of duties the role will involve and it issues a Person Specification that describes the type of attributes the University requires the post-holder to have (e.g. experience, qualifications and other requirements);
• ensures that prospective candidates working with children undergo a process which normally includes a formal interview; 
• checks successful applicant’s references, qualifications, experience, suitability to work with children, gaps in curriculum vitae etc;
• undertakes vetting of current and prospective employees and volunteers in accordance with the National Vetting Bureau (Children & Vulnerable Persons) Act 2012 (as amended); and
• requires that all new recruits undergo a probationary period.

Procedure for the provision of and access to child safeguarding training and information, including the identification of the occurrence of harm

The University: 

• has made a copy of this CSS available, via the University website, to every University staff member;
• ensures that all new staff are provided with a copy of this CSS;
• encourages staff to avail of relevant training; and
• undertakes to ensure that appropriate briefing sessions will be provided to University members, including those who may not work with children on a regular basis, in order to ensure that University members have the necessary familiarity with the 2015 Act, the 2017 Guidance and this CSS. 

Focused training will be provided to University members who:

• are the Designated Liaison Person/Deputy Designated Liaison Person
• are Mandated Persons; and/or
• a necessary and regular part of their work or activities consists mainly of the person having access to, or contact with, children, in order to ensure that they are: 
• aware of their statutory obligations, if applicable;
• in compliance with the provision of information, instruction and training;
• aware of the procedures in place to inform and instruct University members in relation to the identification of child protection concerns;
• providing children’s activities in keeping with best practice; and
• providing confident responses to child protection issues. 

Procedure for the reporting of child protection or welfare concerns to Tusla

This must be done in accordance with the provisions of this CSS. 

Procedure for maintaining a list of the persons (if any) in the relevant service who are mandated persons

Executive Deans and Heads of Unit will provide a listing of Mandated Persons on an annual basis to the Designated Liaison Person.

Procedure for appointing a relevant person

The University has appointed the Designated Liaison Person as the Relevant Person to be the first point of contact in respect of this CSS.

Access to Procedures

The DCU Child Protection Procedures document can be accessed at this link.

Reporting Framework

Guiding Principles

The guiding principles on reporting child abuse or neglect may be summarised as follows:

• The safety and well-being of the child must take priority over concerns about adults against whom an allegation may be made; and
• Reports should be made immediately to Tusla in accordance with this CSS.

Child abuse can be categorised into four different types: 

(i) Neglect

(ii) Emotional abuse

(iii) Physical abuse 

(iv) Sexual abuse

A child may be subjected to one or more forms of abuse at any given time. Abuse and neglect can occur within the family, in the community or in an institutional setting. The abuser may be someone known to the child or a stranger, and can be an adult or another child. 

In a situation where abuse is alleged to have been carried out by another child, it is a child welfare and protection issue for both children and child protection procedures should be followed for both the victim and the alleged abuser.

The important factor in deciding whether the behaviour is abuse or neglect is the impact of that behaviour on the child rather than the intention of the parent/carer. 

Please refer to Appendix 1 of this CSS for further information on recognising the signs and symptoms of child abuse/neglect. 

Mandated and Non-Mandated Reporting 

There are two instances of reporting to Tusla:

• Mandated reporting; and
• Non-mandated reporting/Reporting of reasonable concerns.

Where University members, including Mandated Persons, know, believe or has reasonable grounds to suspect that a child may have been abused or neglected, is being abused or neglected, or is at risk of abuse or neglect, he/she shall without delay report this to the DLP. 

When such a report is made to the DLP, s/he should consider whether this is a mandated or non-mandated concern.

Mandated Reporting

In accordance with section 14 of the 2015 Act, where an MP knows, believes or has reasonable grounds to suspect, on the basis of 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, that a child has been harmed, is being harmed, or is at risk of being harmed; s/he shall as soon as practicable, report that knowledge, belief or suspicion to Tusla.

Where a child believes that s/he has been harmed, is being harmed, or is at risk of being harmed and discloses that belief to an MP in the course of the MP’s employment or profession, the MP shall report that disclosure to Tusla.

Where an MP has the knowledge, belief or suspicion outlined at (i) above and/or receives a disclosure from a child in accordance with (ii) above, s/he shall without delay, report this to the DLP. 

Where the DLP and the MP both agree that there are reasonable grounds for concern, the DLP and MP must jointly consider whether the concern in question is at or above the defined threshold of harm at which point a report must be submitted as a mandated report to Tusla. 

Where the DLP and/or the MP are unsure whether the concern meets the threshold for making a mandated report, the DLP shall seek advice from Tusla. The DLP shall inform the MP concerned that such advice is being sought and shall inform the MP of the advice once same has been provided. 

Where Tusla advises that a mandated report should be made, the DLP and the MP shall act on that advice and a mandated report shall be submitted to Tusla jointly by the DLP and MP as soon as practicable. 

Where a mandated concern requires urgent intervention to make the child safe, section 14(7) of the 2015 Act allows the DLP/MP to alert Tusla of the concern in advance of submitting a written report. Subsequently, the MP and the DLP must jointly submit a mandated report to Tusla within three days.

Where the DLP does not believe the concern satisfies the threshold of harm sufficient to submit a mandatory report, s/he should inform the MP in writing that if s/he remains concerned, the MP may submit a mandated report to Tusla. In these circumstances, the MP must furnish the DLP with a copy of the mandated report s/he provided to Tusla and inform the DLP of any advice, information and/or documentation s/he receives from Tusla in relation to the report. 

The thresholds of harm for each category of abuse at which MPs have a legal harm obligation to make mandated reports are as follows:

Neglect

The threshold of harm at which an MP must make a mandated report to Tusla is reached when s/he 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 point where the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected.

Emotional Abuse/Ill-Treatment

The threshold of harm, at which an MP must made a mandated report to Tusla is reached when s/he knows, believes or has reasonable grounds to suspect that a child has been, is being, or is at risk of being ill-treated to the point where the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected.

Physical Abuse

The threshold of harm, at which an MP must make a mandated report to Tusla is reached when s/he 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 or welfare have been or are being seriously affected, or are likely to be seriously affected.

Sexual Abuse

A threshold does not apply as all sexual abuse falls within the category of seriously affecting a child’s health, welfare or development. If an MP knows, believes or has reasonable grounds to suspect that a child has been, is being, or is at risk of being sexually abused, then the MP must make a mandated report to Tusla. Sexual abuse is an offence against the child as specified in Schedule 3 of the 2015 Act.

There is one exception to the requirement to report sexual abuse i.e. certain consensual sexual activity between teenagers, as provided for in the 2015 Act.

No obligation to submit a mandated report

There is no obligation to make a mandated report where:

• the concern relates to consensual sexual activity as defined in section 14(3) of the 2015 Act;
• the sole basis for the MP’s knowledge, belief or suspicion of is as a result of information s/he has acquired, received or become aware of from:
  • Another MP, who has made a report to Tusla; or
• A person, other than an MP, who has reported jointly with an MP to Tusla, unless an MP becomes aware of any additional information, in which case a further report should be made to Tusla;
• information was received by the MP pursuant to his or her role in assisting Tusla with an assessment as to whether a child who is the subject of a report or any other child has been, is being or is at risk of being harmed; or
• information is acquired by an MP outside the course of his/her professional work or employment on the basis of a personal rather than a professional relationship. 

The foregoing exemptions do not apply to a disclosure made by a child to an MP. 

Failure to make a mandated report 

MPs should be aware of the administrative actions that Tusla can take if, after an investigation, it emerges that an MP failed to make a mandated report. Tusla may:

• Make a complaint to the Fitness to Practise Committee of a regulatory body of which the MP in question is a member; or 
• Pass information about the MP’s failure to make a report to the National Vetting Bureau of An Garda Síochána. This information could then be disclosed to an MP’s current or future employers when s/he is next vetted.

The University will treat a failure to make a mandated report as a disciplinary matter.  Administrative actions may include (but are not restricted to) the initiation of steps for implementation of the Dublin City University disciplinary procedures under Dublin City University Statute No. 5 of 2010: ‘Suspension and Dismissal of Employees’ leading to demotion or dismissal (relevant to Dublin City University employees only). 

In addition, the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 requires that any person who has information about an offence against a child, which may result in charges or prosecution, must report this to An Garda Síochána. Failure to report is a criminal offence. 

An MP cannot submit a mandated report anonymously.

Non-Mandated Persons (NMP) Reporting

Reasonable concerns below the threshold.

If an NMP receives an allegation or has a suspicion that a child may have been abused or neglected, is being abused or neglected, or is at risk of abuse or neglect, he/she shall, without delay, report this to the DLP. 

Where both the DLP and MP decide that the concern does not reach the threshold for mandated reporting, but there remains a reasonable concern about the welfare or protection of a child, the DLP is required to report this to Tusla. If the DLP is unsure whether the matter should be reported, s/he shall take advice from Tusla and act on this advice. 

Concerns from NMPs

Where a NMP has a concern in relation to child abuse or neglect, the NMP should report this to the DLP. In light of the information received, the DLP will decide whether to report the matter to Tusla and/or seek informal advice.

Seeking informal advice from Tusla

Where the DLP and/or an MP is concerned about a child but is unsure whether to report the concern to Tusla, or whether a report should be submitted to Tusla as a mandated report, the DLP shall seek advice from Tusla. 

In consulting Tusla, the DLP shall be explicit that he or she is requesting advice and consultation and that he or she is not making a report. At this informal stage, the DLP need not give identifying details.

It should be noted that if the concern was brought to the attention of the DLP by an MP, the DLP shall inform the MP that Tusla’s advice is being sought and shall inform the MP of the advice when received. 

If Tusla advise that a report should be made to it, the DLP should act on that advice. 

In all cases where the DLP has sought the advice of Tusla, the DLP shall retain a record of the consultation which will note the date, the name of the Tusla official and the advice given.

Where the DLP does not report the matter to Tusla 

If the DLP decides not to report a matter to Tusla, the matter should still be recorded or noted internally by the DLP.

If the DLP decides not to report a concern to Tusla, the following steps should be taken:

• The reasons for not reporting should be recorded;
• Any actions taken as a result of the concern should be recorded;
• The DLP must provide the employee/volunteer with a clear written explanation of the reason why the DLP decided not to report;
• The DLP must inform the employee or volunteer who raised the concern that it is open to him her to seek informal advice from Tusla and/or to report his/her concern where s/he still considers that such a report is warranted and/or report the matter to An Garda Síochána; and
• In such circumstances the MP must provide a copy of the report to the DLP.

Disclosure of suspected child abuse by a child to a University Member

If a complaint of abuse is disclosed directly from a child to a University member, the child is likely to be under severe emotional stress and the University member may be the only adult whom the child is prepared to trust. Great care should be taken not to damage trust and deal with disclosures sensitively and professionally. 

The following approach is suggested as best practice for dealing with these disclosures.

1. React calmly
2. Listen carefully and attentively
3. Take the child seriously
4. Reassure the child that they have taken the right action in talking to you
5. Do not promise to keep anything secret
6. Ask questions for clarification only 
7. Do not ask leading questions
8. Check back with the child that what you have heard is correct and understood
9. Do not express any opinions about the alleged abuser
10. Ensure that the child understands the procedures that will follow
11. Make a written record of the conversation as soon as possible, in as much detail as possible, using the actual words that the child used 
12. Treat the information confidentially, subject to the requirements of this CSS, legislation and the 2017 Guidance.
13. If child abuse is suspected, or an allegation is made, the University member should:

• insofar as is appropriate gather information;
• record the conversation (in the words of the child) and their observations accurately. The observations should include dates, times, names, locations, context and any other information that may be relevant;
• inform the DLP as soon as possible; and
• the University member should not interview the child or the child’s parents/carer about the alleged abuse, as this is the function of Tusla and/or An Garda Síochána. The role of the University member is not to investigate. 

Allegations of Child Abuse on Placement

University staff, when arranging work placements, must clarify the child safeguarding procedures within the host organisations. The University’s students must familiarise themselves with these procedures.

If a University member has a child protection concern while on work placement, then the University member should follow the procedure for reporting child protection concerns in the organisation the work placement is taking place in. If the University member is unclear of the procedure, s/he should contact the DLP for clarification.

If an allegation of child abuse is made against a University member while on work placement, the procedure to be followed is as per this CSS as outlined above. Where a University member becomes aware of allegations of child abuse or neglect, he/she must contact the DLP immediately who will liaise with the RP within the organisation where the work placement is taking place. 

Disclosure of suspected child abuse by a third party to a University Member

If a complaint is made to a University member from either another University member or a third party, to the effect that there is reasonable suspicion that abuse or neglect is alleged to have taken place against a child, the University member should:

• direct the person to the DLP to report the concern; or
• report the concern to the DLP him/herself.

If the disclosure is made to an MP, s/he may have a statutory obligation to report to Tusla, this should be done in accordance with this CSS. 

Child Pornography

Knowingly producing, distributing, printing, publishing or showing child pornography or possessing it for any of these purposes is a criminal offence under Child Trafficking and Pornography Act 1998. In order to combat child grooming and similar behaviour, the Criminal Law (Sexual Offences) Act, 2017 makes it a criminal offence for a person to send sexually explicit material by means of information and communication technology to a child. 

If a University member is concerned that child pornography images are being downloaded, this should be reported as soon as possible to the DLP. The DLP is then responsible for ensuring that suspicions or allegations are referred to the Gardaí/Tusla and managed as per this CSS. If the University Member is an MP, s/he may have a statutory obligation to report to Tusla, if applicable, this should be done in accordance with the joint reporting procedures in this CSS. 

University personnel must not send, save, print out or move from one device to another any explicit content involving minors.

MPs who work with adults

Where a University employee works with or treats persons, during the course of his/her employment, with mental health difficulties, intellectual disability, addiction or domestic violence issues, s/he must consider the welfare and safety of any children in that person’s family and/or children in regular contact with the person. If there are concerns, which meet or exceed the thresholds outlined above, then s/he must report them jointly with the DLP to Tusla in accordance with this CSS. Reasonable concerns below that threshold should also be reported to the DLP who will report it to Tusla in accordance with this CSS.

Retrospective disclosure of child abuse by an adult 

Some adults may disclose abuse that took place during their childhood. Such disclosures may come to light in various ways such as when a student attends an MP who works as a Student Counsellor or Student Healthcare professional. Such a disclosure may require mandated reporting as set out above. In accordance with professional obligations, an MP will endeavour to establish whether there is any current risk to any child who may be in contact with the alleged abuser revealed in such disclosures. 

Where an MP provides counselling, it is recommended that students are put on notice before the counselling starts, that if any child protection issues arise and the alleged perpetrator is identifiable, the MP must pass the information on to Tusla. If the student does not feel able to participate in any investigation, Tusla may be seriously constrained in their ability to respond to the retrospective allegation.

Any reasonable concern about past abuse, where the information came to attention before the 2015 Act came into force and where there is a possible continuing risk to children, should be reported in accordance with the non-mandated reporting procedures outlined in section 8.4 of this CSS.

If a University member makes a disclosure of abuse suffered during their childhood, the person to whom s/he has made the disclosure should provide him/her with contact information for relevant the University support services; a student should be provided with contact details for Student Health/Counselling services. The University staff member should contact HR for details of the Employee Assistance Programme (EAP) service. 

Reports in relation to retrospective abuse can be made by submitting a report to Tusla.

Internal Oversight

The DLP shall inform the University President and the appropriate University Officer of mandated and non-mandated reports made by a University member. The appropriate University Officer will be:

• the Vice President for Academic Affairs where the allegation is made against a University student; and
• the Director, Human Resources where the allegation is made against a University employee or an individual working on a voluntary/unpaid basis on behalf of the University or any other person.

Both of the above will be sensitive to the fact that information should only be shared on a need-to-know basis with those with a right or a need to know. 

Protection from Civil Liability

Where the DLP or any other person reports suspicions of child abuse and neglect “reasonably and in good faith” to designated officers of Tusla or any members of An Garda Síochána, the Protection of Persons Reporting Child Abuse Act 1998 (the “1998 Act”) protects them from civil liability for doing so. This means that if a person makes a report of suspected child abuse to Tusla or to An Garda Síochána even if it proves unfounded, any person taking an action would only be successful if they could prove the person had not acted reasonably and in good faith in making the report. That 1998 Act also makes it an offence to make a report of child abuse to the appropriate authorities “knowing the statement to be untrue”. This is designed to protect innocent persons from malicious reports. 

Research Activities involving children – Best Practice

Guidance on undertaking research with children is provided in the published Department of Children and Youth Affairs National Strategy for Research and Data on Children’s Lives 2011-2016, Ethical Review and Children’s Research in Ireland (2010) and in the associated guidance document Guidance for developing ethical research projects involving children (2012).

Research involving children must comply with the above documents (as updated, replaced and/or amended from time to time) and be approved in advance by the University’s Research Ethics Committee. General information on research ethics applications can be obtained from the University Research Ethics Committee website. 

In situations where research involves children who are or have been in state care, such children and their care proceedings are governed by “in camera” rules and principles of confidentiality, as set out in section 29 and section 31 of the Child Care Act 1991 (as amended). Legal advice should always be sought in advance of undertaking such research.

Confidentiality & Record Keeping 

Sharing of Information

No undertakings regarding secrecy can be given by any University member to the person reporting an allegation of child abuse, be they an adult or a child. This should be made clear to all parties involved, although reassurances can be given that all information will be handled with sensitivity, taking full account of legal requirements.

All information regarding concerns of child abuse or neglect should be shared on a “need to know” basis only i.e. with personnel who have a legitimate involvement or role in dealing with the issue.  Giving information reasonably and in good faith to those who need to have the information for the protection of a child who may have been or is in danger of being abused (including the DLP, Tusla or An Garda Síochána) is not a breach of confidentiality or data protection laws. 

At all stages in the process (disclosure, reporting and dealing with an abuse allegation), confidentiality is of extreme importance.  Statements, letters and other communications shall be confidential to those involved as per the procedure outlined in this CSS. 

In accordance with section 17 of the 2015 Act, where the DLP and/or MP is assisting Tusla to carry out an assessment, s/he may not share this information with a third party save in accordance with the law, or unless Tusla authorises in writing the disclosure of information, subject to such conditions (if any) as Tusla considers appropriate and specifies in the authorisation. A person who fails to comply with this requirement shall be guilty of a criminal offence. 

Management of records

All records of allegations in relation to child protection issues, which are made to a University member, should be regarded as highly confidential and should be provided to the DLP and stored in a secure location, in keeping with Data Protection requirements.

Record Keeping/Recording Allegations

Where there is an allegation of child abuse or neglect, the DLP shall keep proper dated and signed records. All records are highly confidential and it is the responsibility of the DLP to ensure that these are kept securely.

Details of allegations and reports of alleged incidents of abuse must be recorded.  The records include:

• the date and time of disclosure;
• details of the allegation;
• details of what action the University has taken;
• an indication of the parties involved (including third parties) including names and addresses;
• any suspicions consequent on the information and the factual grounds for such suspicions; 
• the response of the parents/guardians to the information (if any);
• the response of the person against whom the allegations were made (if any);
• the report from the University staff member who received the information or who has concerns;
• where a decision is made not to inform the parents/guardians, the reason for the decision and the advice received from Tusla; 
• details (dates, times, people, place) of any subsequent meetings and communications of interested parties; and
• decisions re referral (or not) to Tusla, or An Garda Síochána including how, why, when and by whom the decision was taken. 

Other Considerations

Informing The Child’s Parent(s)/Guardian(s) That A Report Is Being Made

The 2017 Guidance outlines that it is good practice to inform the parent/carer that a report concerning his or her child is being made and the reasons for the decision to make the report. It is not necessary to inform a parent/carer that a report is being made:

 if by doing so, the child will be placed at further risk; or 

• in cases where the family’s knowledge of the report could impair Tusla’s ability to carry out a risk assessment; or 
• if the reporter is of the reasonable opinion that by doing so it may place him/her at risk of harm from the family.   

Accordingly, when the DLP is submitting a report to Tusla, he/she should inform a parent/carer that a report is being made and the reasons for the decision to report except where any of the conditions at (1) to (3) above apply. In any case, where an MP is submitting a report to Tusla, the DLP, rather than the MP concerned, shall assume the responsibility for informing the parent/carer. 

 A record shall be made of the information communicated by the DLP to the parent/carer. A decision by the DLP not to inform a parent/carer shall be recorded together with the reasons for not doing so.   

Where the DLP has any doubt as to whether to inform a parent/carer that a report is being made, the DLP shall seek the advice of Tusla.

Implementation & Review

The University recognises that implementation is an on-going process. The University is committed to the implementation of this CSS, which supports our intention to keep children safe from harm while availing of our services. 

This CSS will be reviewed on a bi-annual basis, or as soon as practicable after there has been a material change in any matter to which the statement refers.

Conclusion

We recognise that implementation is an ongoing process. Our service is committed to the implementation of this Child Safeguarding Statement and the procedures that support our intention to keep children safe from harm while availing of our service. 

Useful Contact Numbers 

The University’s Internal Contacts

TUSLA Contact

Child and Family Agency
180-189 Lakeshore Drive
Airside Business Park
Swords
Co. Dublin

Ph.: 01 870 8000

An Gardaí Síochana

End of SCS

Appendix 1 - Signs and Symptoms of Child Abuse

This is an extract from Chapter 2 the 2017 Guidance. 

Signs and symptoms of neglect

Child neglect is the most frequently reported category of abuse, both in Ireland and internationally. Ongoing chronic neglect is recognized as being extremely harmful to the development and well-being of the child and may have serious long-term negative consequences. Neglect occurs when a child does not receive adequate care or supervision to the extent that the child is harmed physically or developmentally. It is generally defined in terms of an omission of care, where a child’s health, development or welfare is impaired by being deprived of food, clothing, warmth, hygiene, medical care, intellectual stimulation or supervision and safety. Emotional neglect may also lead to the child having attachment difficulties. The extent of the damage to the child’s health, development or welfare is influenced by a range of factors. These factors include the extent, if any, of positive influence in the child’s life as well as the age of the child and the frequency and consistency of neglect. 

Neglect is associated with poverty but not necessarily caused by it. It is strongly linked to parental substance misuse, domestic violence, and parental mental illness and disability. A reasonable concern for the child’s welfare would exist when neglect becomes typical of the relationship between the child and the parent or carer. This may become apparent where the University member sees the child over a period of time, or the effects of neglect may be obvious based on having seen the child once.

Characteristics of neglect

The following are features of child neglect:

• Children being left alone without adequate care and supervision
• Malnourishment, lacking food, unsuitable food or erratic feeding
• Non-organic failure to thrive, i.e. a child not gaining weight due not only to malnutrition but also emotional deprivation
• Failure to provide adequate care for the child’s medical and developmental needs, including intellectual stimulation
• Inadequate living conditions – unhygienic conditions, environmental issues, including lack of adequate heating and furniture
• Lack of adequate clothing
• Inattention to basic hygiene
• Lack of protection and exposure to danger, including moral danger, or lack of supervision appropriate to the child’s age
• Persistent failure to attend school
• Abandonment or desertion
• Signs and symptoms of emotional abuse

Emotional abuse is the systematic emotional or psychological ill-treatment of a child as part of the overall relationship between a caregiver and a child. Once-off and occasional difficulties between a parent/carer and child are not considered emotional abuse. Abuse occurs when a child’s basic need for attention, affection, approval, consistency and security are not met, due to incapacity or indifference from their parent or caregiver. Emotional abuse can also occur when adults responsible for taking care of children are unaware of and unable (for a range of reasons) to meet their children’s emotional and developmental needs. Emotional abuse is not easy to recognize because the effects are not easily seen. A reasonable concern for the child’s welfare would exist when the behaviour becomes typical of the relationship between the child and the parent or carer.

Characteristics of emotional abuse

Emotional abuse may be seen in some of the following ways:

• Rejection
• Lack of comfort and love
• Lack of attachment
• Lack of proper stimulation (e.g. fun and play)
• Lack of continuity of care (e.g. frequent moves, particularly unplanned)
• Continuous lack of praise and encouragement
• Persistent criticism, sarcasm, hostility or blaming of the child
• Bullying
• Conditional parenting in which care or affection of a child depends on his or her behaviours or actions
• Extreme overprotectiveness
• Inappropriate non-physical punishment (e.g. locking child in bedroom)
• Ongoing family conflicts and family violence
• Seriously inappropriate expectations of a child relative to his/her age and stage of development.

There may be no physical signs of emotional abuse unless it occurs with another type of abuse. A child may show signs of emotional abuse through their actions or emotions in several ways. These include insecure attachment, unhappiness, low self-esteem, educational and developmental underachievement, risk taking and aggressive behaviour.

It should be noted that no one indicator is conclusive evidence of emotional abuse. Emotional abuse is more likely to impact negatively on a child where it is persistent over time and where there is a lack of other protective factors.

Signs and symptoms of physical abuse

Physical abuse is when someone deliberately hurts a child physically or puts them at risk of being physically hurt. It may occur as a single incident or as a pattern of incidents. A reasonable concern exists where the child’s health and/ or development is, may be, or has been damaged as a result of suspected physical abuse.

Physical abuse can include the following:

The 2015 Act includes a provision that abolishes the common law defence of reasonable chastisement in court proceedings. This defence could previously be invoked by a parent or other person in authority who physically disciplined a child. The change in the legislation now means that in prosecutions relating to assault or physical cruelty, a person who administers such punishment to a child cannot rely on the defence of reasonable chastisement in the legal proceedings. The result of this is that the protections in law relating to assault now apply to a child in the same way as they do to an adult.

Signs and symptoms of sexual abuse

Sexual abuse occurs when a child is used by another person for his or her gratification or arousal, or for that of others. It includes the child being involved in sexual acts (masturbation, fondling, oral or penetrative sex) or exposing the child to sexual activity directly or through pornography. 

Child sexual abuse may cover a wide spectrum of abusive activities. It rarely involves just a single incident and, in some instances, occurs over a number of years. Child sexual abuse most commonly happens within the family, including older siblings and extended family members. Cases of sexual abuse mainly come to light through disclosure by the child or his or her siblings/friends, from the suspicions of an adult, and/or by physical symptoms.

Examples of child sexual abuse include the following:

• Any sexual act intentionally performed in the presence of a child
• An invitation to sexual touching or intentional touching or molesting of a child’s body whether by a person or object for the purpose of sexual arousal or gratification
• Masturbation in the presence of a child or the involvement of a child in an act of masturbation
• Sexual intercourse with a child, whether oral, vaginal or anal
• Sexual exploitation of a child, which includes:
• Inviting, inducing or coercing a child to engage in prostitution or the production of child pornography [for example, exhibition, modelling or posing for the purpose of sexual arousal, gratification or sexual act, including its recording (on film, videotape or other media) or the manipulation, for those purposes, of an image by computer or other means]
• Inviting, coercing or inducing a child to participate in, or to observe, any sexual, indecent or obscene act
• Showing sexually explicit material to children, which is often a feature of the ‘grooming’ process by perpetrators of abuse
• Exposing a child to inappropriate or abusive material through information and communication technology
• Consensual sexual activity involving an adult and an underage person

An Garda Síochána will deal with any criminal aspects of a sexual abuse case under the relevant criminal justice legislation. The prosecution of a sexual offence against a child will be considered within the wider objective of child welfare and protection. The safety of the child is paramount and at no stage should a child’s safety be compromised because of concern for the integrity of a criminal investigation. 

In relation to child sexual abuse, it should be noted that in criminal law the age of consent to sexual intercourse is 17 years for both boys and girls. Any sexual relationship where one or both parties are under the age of 17 is illegal. However, it may not necessarily be regarded as child sexual abuse. Details on exemptions for mandated reporting of certain cases of underage consensual sexual activity can be found in this CSS.

Circumstances which may make children more vulnerable to harm

If the University member is dealing with children, s/he needs to be alert to the possibility that a welfare or protection concern may arise in relation to children s/he comes into contact with. A child needs to have someone they can trust in order to feel able to disclose abuse they may be experiencing. They need to know that they will be believed and will get the help they need. Without these things, they may be vulnerable to continuing abuse.

Some children may be more vulnerable to abuse than others. Also, there may be particular times or circumstances when a child may be more vulnerable to abuse in their lives. In particular, children with disabilities, children with communication difficulties, children in care or living away from home, or children with a parent or parents with problems in their own lives may be more susceptible to harm.

The following list is intended to help identify the range of issues in a child’s life that may place them at greater risk of abuse or neglect. It is important to remember that the presence of any of these factors does not necessarily mean that a child in those circumstances or settings is being abused.

Parent or carer factors:

Child factors:

Community factors:

Cultural, ethnic, religious or faith-based norms in the family or community which may not meet the standards of child welfare or protection required in this jurisdiction.

Culture-specific practices, including:

Environmental factors:

Poor motivation or willingness of parents/guardians to engage:

University members should consider these factors as part of being alert to the possibility that a child may be at risk of suffering abuse and in bringing reasonable concerns to the attention of Tusla.

Bullying

It is recognized that bullying affects the lives of an increasing number of children and can be the cause of genuine concerns about a child’s welfare. 

Bullying can be defined as repeated aggression – whether it is verbal, psychological or physical – that is conducted by an individual or group against others. It is behaviour that is intentionally aggravating and intimidating, and occurs mainly among children in social environments such as schools. It includes behaviours such as physical aggression, cyberbullying, damage to property, intimidation, isolation/exclusion, name-calling, malicious gossip and extortion. Bullying can also take the form of abuse based on gender identity, sexual preference, race, ethnicity and religious factors. With developments in modern technology, children can also be the victims of non-contact bullying, via mobile phones, the internet and other personal devices. 

While bullying can happen to any child, some may be more vulnerable. These include: children with disabilities or special educational needs; those from ethnic minority and migrant groups; from the Traveller community; lesbian, gay, bisexual or transgender (LGBT) children and those perceived to be LGBT; and children of minority religious faiths.

There can be an increased vulnerability to bullying among children with special educational needs. This is particularly so among those who do not understand social cues and/or have difficulty communicating. Some children with complex needs may lack understanding of social situations and therefore trust everyone implicitly. Such children may be more vulnerable because they do not have the same social skills or capacity as others to recognize and defend themselves against bullying behaviour. Bullying in schools is a particular problem due to the fact that children spend a significant portion of their time there and are in large social groups. In the first instance, the school authorities are responsible for dealing with such bullying. School management boards must have a code of behaviour and an anti-bullying policy in place. 

The DLP/MP should also be aware of the University’s anti-bullying policy and of the relevant guidelines on how it is handled. In cases of serious instances of bullying where the behaviour is regarded as possibly abusive, the DLP/MP may need to make a referral to Tusla and/or An Garda Síochána.

Appendix 2 - Legal Framework and Key Publications

The following laws, policies and key publications were taken into account when developing this CSS:

• The 2015 Act
• The 2017 Guidance
• Children First Support Documents including the following:
• A Guide for the Reporting of Child Protection and Welfare Concerns;
• Best Practice principles for Organisations in Developing Children First Training Programmes;
• Guidance on Developing a Child Safeguarding Statement; and
• Mandated Assisting Protocol for Tusla Staff
• The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
• Criminal Law (Sexual Offences) Act 2017
• Child Trafficking and Pornography Act 1998
• Protection for Persons Reporting Child Abuse Act 1998
• Protected Disclosures Act 2014
• Child and Family Agency Act 2013
• Child Care Act,1991
• Criminal Justice Act 2006 
• Safety, Health and Welfare at Work Act, 2005
• Protection of Persons Reporting Child Abuse Act 1998
• Data Protection Acts 1988 and 2003
• Freedom of Information Act 2014 (as amended)
• Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012
• National Vetting Bureau (Children & Vulnerable Persons) Act 2012-2016 
• Children First: National Guidelines for the Protection and Welfare of Children, Department of Children and Youth Affairs 2017
• Child Protection Procedures for Primary and Post-Primary Schools, Department of Education and Skills 2017
• Code of Ethics and Good Practice in Children’s Sport, Irish Sports Council 2000
• Ethical Review and Children’s Research in Ireland, Department of Health and Children March 2010
• Guidance for developing ethical research projects involving Children Department of Children and Youth Affairs April 2012
• Department of Children and Youth Affairs National Strategy for Research and Data on Children’s Lives 2011-2016 (2011)

Appendix 3 - Child Protection - Risk Assessment

End of Appendices

^[1] Or his/her nominee

^[2] Or the DLP and MP acting jointly

Statement of Intent

Dublin City University (DCU) recognises its responsibility to promote and safeguard the welfare of children, young people and vulnerable persons.

DCU believes and subscribes to the view that: 

1. It is unacceptable for a child / young person / vulnerable person (here in after referred to as ‘a child’) to experience any form of harm or abuse. 
2. The welfare and protection of the child is paramount 

All children should be valued and treated in an equitable and fair manner which takes into account, ability, age, gender, religion, social and ethnic background or political persuasion.

DCU is committed to adopting and upholding the highest possible standards in child protection and shall take all reasonable steps in relation to the protection and welfare of children, young people and vulnerable persons who may be present within its facilities or on university related placements, avail of its services, or participate in research conducted by or on behalf of the university.

The DCU Child Protection Procedures have been developed following extensive consultation and take account of the Children First Act, 2015 and the updated Children First: National Guidance for the Protection and Welfare of Children published in 2017.

The DCU Child Protection Procedures apply to University Members, including:

1. All employees of Dublin City University, including campus companies and research centres;

2. All students, who may have contact with children or vulnerable adults on or off campus in the course of their duties or in fulfilment of the requirements of their programmes of study; and

3. All other external parties (e.g. agents, organisations, groups, summer residency programmes/activities) operating both within a DCU campus and on behalf of DCU will be required to adopt this document.

The purpose of the procedures is:

1. To raise awareness of child abuse and neglect

2. To provide sufficient information to assist all members of the DCU community in identifying and, dealing effectively with child protection concerns

3. To give clear direction and guidance to all members of the DCU community in relation to meeting their new statutory obligations under the Children First Act, 2015 and in the continued implementation of the best practice (non-statutory) guidance set out in Children First National Guidance 2017 

External Parties: Subsidiary companies, organisations, agencies and groups:

In addition, all external parties, subsidiary companies, organisations, agencies and groups (e.g. Summer residency programmes / activities, Campus Dining and Shops), considered as a ‘relevant service’ under the Children First Act 2015 operating both within the DCU campus and on behalf of DCU, will be required to have a Child Safeguarding Statement, in line with the requirements of Children First (2017), before entering into a contractual relationship with DCU. Appendix 5 outlines the schedule of relevant services under the Children First Act 2015. All such subsidiary companies, organisations, agencies and groups will be required to furnish the DCU Procurement Department and /or the DCU DLP with a copy of their Child Safeguarding Statement. 

Table of Contents

Dublin City University

Statement of Intent

Glossary of Terms

Overview of the Risk Assessment Procedures

Risk Assessment

Reporting Responsibilities of Members of the DCU Community

Reporting Obligations under the Withholding of Information Act and Children First

What to do if you Suspect a Child is being Abused.

Chapter 1: Responsibilities and Legal Framework

1.1. Key Oversight Requirements for all faculties, offices and departments

1.1.1.   General

1.1.2.   Designated Liaison Person (DLP)

1.1.3.   Responsibilities of all faculties/ offices / departments

1.2. Other DCU procedures and guidelines

1.3. Recruitment procedures and requirements for vetting

1.4. Child protection training

1.5. Confidentiality

1.6. Relevant Legislation

Chapter 2:  Responsibilities of members of the DCU community

2.1. Appropriate Reporting

2.1.1.   Children First: National Guidance for the Protection and Welfare of Children, 2017¹

2.2. Recognition of possible signs of abuse

2.3. Reasonable grounds for concern

2.4. Dealing with disclosures from children

2.5. Concerns in relation to an adult who may pose a risk to children

2.6. Mandated Persons

2.6.1.   Statutory Obligations of Mandated Persons

2.6.2.   Consequences of non-reporting

2.6.3.   Protection for Persons Reporting Child Abuse

2.6.4.   The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 - 2016

2.6.5.   Mandated Assisting

2.7. University Designated Liaison Person

2.8. What must be reported

2.9. Record Keeping

2.10.Allegations or concerns involving members of the DCU community

Chapter 3:  Reporting of Concerns to Tusla / An Garda Síochána

3.Reporting concerns made to the DLP by non-mandated members of DCU

3.1.1.   Reporting to Tusla / An Garda Síochána

3.1.2.   Seeking Advice from Tusla

3.1.3.   Decision not to Report

3.2. Reporting concerns made to the DLP by mandated members of DCU

Chapter 4:  Reporting to Parents and DCU Management

4.1. Reporting to DCU Governing Body/Management

Chapter 5: Dealing with Allegations or Suspicions of Child Abuse made against a member of the DCU community

5.1. Protocol authorising immediate action

5.2. Procedures to be Followed

5.3. Right of Reply

5.4. Special Management Meeting

5.5. Further follow-up required

5.6. Feedback from Tusla

Chapter 6: Child Safeguarding Risk Assessment and the Child Safeguarding Statement

6.1. Child Safeguarding Statement

6.2. Carrying Out a Risk Assessment

Appendices

Appendix 1: Recognition of Child Abuse                                                                                                                                    

Appendix 2a: DCU Child Safeguarding Risk Assessment Template – Draft                                                                   

Appendix 2b: Additional Child Safeguarding Risk Assessment Template for faculties/offices/departments      

Appendix 3: Child Safeguarding Statement Template                                                                                                           

Appendix 4: Schedule of Relevant Services under the Children First Act 2015                                                               

Appendix 5: Schedule of Mandated Persons under the Children First Act 2015                                                             

Appendix 6: The Role of Tusla and An Garda Síochána                                                                                                          

Appendix 7: Relevant Legislation                                                                                                                                                   

Appendix 8: Internal Reporting Form                                                                                                                                          

Glossary of Terms

Overview of the Risk Assessment Procedures

Risk Assessment

The following steps in the diagram are a guide to help University Units (faculties/offices/departments) consider where the potential for Child Protection risks lie and how these risks can be managed.

Ranking risks:

Low risk: This is where the likelihood of an accident occurring is low and the severity is low. Low risk indicates that no intervention is currently necessary.

Moderate risk: As the level of likelihood and severity increases, a hazard may be assessed as a moderate risk. A moderate risk is an indication that the situation should be monitored, with intervention when necessary.

High risk: You should focus on high risk hazards first, as there is a likelihood that an accident could occur and if it does then there could be serious harm to the welfare and development of the child. High risk indicates an intervention is necessary and of high priority. 

Reporting Responsibilities of the University Members                                                                                                                                                                                                      

Reporting Obligations under the Withholding of Information Act and Children First

What to do if you Suspect a Child is being Abused

Chapter 1:

Responsibilities and Legal Framework

1.  
2. Children First: National Guidance for the Protection and Welfare of Children

Children First: National Guidelines for the Protection and Welfare of Children, first published in 1999 revised in 2011 and again in 2017, has been the national guidance for social workers, professionals, organisations and individuals to help keep children safe and protected from harm.

Children First: National Guidance for the Protection and Welfare of Children was revised in 2017 because of the enactment of the Children First Act 2015. This Act places a number of statutory obligations on specific groups of professionals and on particular organisations providing services to children. 

The schedule of relevant services under the Children First Act 2015 is contained in Appendix 5 of these procedures.  A full schedule of mandated persons under the Children First Act 2015 is contained in Appendix 6 of these procedures.

The procedures contained in this document are based on Children First: National Guidelines for the Protection and Welfare of Children 2017. 

Children First: National Guidelines for the Protection and Welfare of Children 2017 

• Sets out the statutory responsibilities for mandated persons and organisations under the Children First Act 2015.

• Provides information about how the statutory agencies respond to reports of concerns made about children. 

• Includes information on the statutory obligations for individuals and organisations 

• Sets out the best practice procedures that should be in place for all organisations providing services to children. 

• Provides guidance in identifying and reporting child protection issues and in dealing effectively with concerns.

  1. Key Oversight Requirements for all faculties, offices and departments

Children First: National Guidelines for the Protection and Welfare of Children 2017 can be accessed at  https://www.dcya.gov.ie/documents/publications/20171002ChildrenFirst2017.pdf 

1. General

The management of all faculties, offices and departments operating under DCU is required to ensure that the protection and welfare of the child is of paramount importance, regardless of all other considerations. These oversight arrangements are designed to ensure uniform and consistent implementation of the DCU child protection procedures within all faculties, offices and departments operating under DCU. These key oversight requirements should be read within the context of the overall document.

1. Designated Liaison Person (DLP)

The Chief Operations Officer of DCU is the person appointed by DCU to be the University Designated Liaison Person (DLP).  Designated Liaison Person means a person nominated by DCU to act as the liaison person for DCU to deal with the Child and Family Agency, TUSLA and /or An Garda Síochána and other parties in connection with allegation/s of and/or concerns about child abuse.  The Designated Liaison Person will also be the “Relevant Person”.

The DLP is responsible for ensuring that reporting procedures within DCU are followed, so that child welfare and protection concerns are referred promptly to the relevant statutory agencies. 

All child protection concerns must be channelled through the DLP. In the event that the DLP is not available the concern/s should be reported to either the Deputy President or the Deputy Chief Operations Officer who have been appointed as Deputy DLPs.

Contact details set out below:

1. Responsibilities of all faculties/ offices / departments

All DCU Units must ensure that:

1. the DCU Child Protection Procedures are formally adopted and fully implemented.

2. employees and students being placed in outside agencies and organisations are required to inform themselves of that agency’s or organisation’s Child Safeguarding Statement.

3. best practice guidelines are adhered to in the recruitment of employees or volunteers, which includes vetting, taking up of references, HR practices in interviewing, induction training, probation and ongoing supervision and management (see 1.4).

4. University members

   1. are aware of how to recognise signs of child abuse.

   2. avail of appropriate training where necessary.

   3. follow the reporting procedures, as outlined in Chapter 2 and 3, where they have reasonable grounds for concern about the safety and welfare of any child involved in any service provided by DCU.

   4. fully co-operate with the relevant statutory authorities in relation to child protection matters.

   5. comply with confidentiality requirements in dealing with child protection matters

   6. read and sign the ‘Acceptance of the DCU Child Safe Guarding Statement’ (See Appendix 4).

5. the name and contact details of the DLP is displayed on the DCU website.

   1. Other DCU procedures and guidelines

The child protection procedures are intended to complement other existing University procedures and guidelines, e.g. in relation to research involving children; the guidelines for supervisors on placement; requirements of students on placement; the DCU requirements for vetting of students and employees; the HEAnet - Acceptable Usage Policy; and also relevant material covered with students in DCU programmes. See the University’s Policy Webpage.   

1. Recruitment procedures and requirements for vetting

All DCU Units must ensure compliance with the legal requirements in relation to vetting of all employees who have or may have unsupervised access to children or vulnerable adults. 

Under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016 it is compulsory for employers to obtain vetting disclosures in relation to anyone who is carrying out relevant work with children or vulnerable adults. The Acts create offences and penalties for persons who fail to comply with their provisions. Statutory obligations on employers in relation to Garda vetting requirements for persons working with children and vulnerable adults are set out in the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012–2016.

1. Child protection training 

Effective child protection depends on the skills, knowledge and values of employees working with children and families, as well as co-operation between agencies (interagency) and within agencies (intra-agency). Relevant training and education is an important means of achieving this. It is imperative that all faculties, offices and departments operating under DCU ensure that all employees are familiar with these procedures to enable them to fulfil their responsibilities therein. This will be achieved by the faculty, department or office developing a culture of awareness and knowledge of these procedures amongst all employees and, where necessary, ensure that appropriate training is undertaken. 

It is recommended that all DCU employees complete the Tusla Child Protection Online Training which can be accessed at this link via HR’s Essential eLearning platform.    

1. Confidentiality 

All information regarding possible child protection concerns should be shared only on a “need to know” basis in the best interests of the child. Giving information to those who need to have that information, for the protection of a child is not a breach of confidentiality. Such people include the DLP, Tusla and An Garda Síochána.

The need to report child welfare concerns to appropriate authorities, may compromise a young person’s rights to confidentiality and privacy. The assurance of confidentiality should not be given to any person who imparts information. 

Confidentiality may be compromised where there are reasonable grounds for believing that:

• There is a risk of harm to a child.

• There is a risk of harm to other children or persons.

• It is mandated by law or a court order to so disclose.

• It is in the public interest to so disclose.

  1. Relevant Legislation

Any member of the DCU community having knowledge or reasonable grounds for such concern shall consult immediately with the DLP. The DLP will then make a report, if appropriate, to Tusla and/or An Garda Síochána.

There are a number of key pieces of legislation that relate to child welfare and protection. A brief overview of such relevant legislation is contained in Appendix 9.  All Faculties, offices and departments should be aware that the EU General Data Protection Regulation (GDPR) came into force on the 15^th January 2019, replacing the existing data protection framework.

Chapter 2:

Responsibilities of University Members

1.  
2. General

The Children First (2017) guidelines require that Tusla shall always be notified where a person has a reasonable suspicion or reasonable grounds for concern that a child may have been, is being or is at risk of being abused. Child protection concerns should be supported by evidence that indicates the possibility of abuse.

The Children First (2017) document is available at this link. 

Any reasonable concern or suspicion of abuse must elicit a response. Ignoring signals or failing to intervene may result in ongoing or further harm to the child. 

It is the responsibility of all individual members of DCU to be aware of their duties and responsibilities as outlined in these procedures. Where necessary, each faculty, office and department operating under DCU must ensure that all employees managed by them are adequately trained.

1. Appropriate Reporting

In the interests of the safeguarding of children, where there are reasonable grounds for concern in relation to the welfare of a child, or knowledge or belief of a serious offence having been committed against a child, Tusla and/or An Garda Síochána shall be notified without delay unless there are justifiable reasons not to. This applies to both historical/retrospective disclosures of abuse and current alleged abuse.

In addition to a general commitment to child welfare, there are specific ethical and legal reporting requirements that may arise in certain circumstances. Reporting of child protection concerns shall always be considered with regard to:

• Ethical Obligations

• Children First: National Guidance for the Protection and Welfare of Children, 2017

• The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012

1. Children First: National Guidance for the Protection and Welfare of Children, 2017¹

Children First: National Guidance for the Protection and Welfare of Children, 2017 (“Children First”) sets forward principles of good practice in the identification and reporting of suspected child protection concerns. All relevant DCU employees should be familiar with Children First which may be accessed at this link.

General reporting obligations under Children First

Child abuse is categorised in Children First into four main categories of:

1. neglect
2. emotional abuse
3. physical abuse 
4. sexual abuse. 

Appendix 1 of this document sets out examples of signs and symptoms of each category together with guidance on how to recognise each. All university members should familiarise themselves with this chapter.

Knowledge, or reasonable grounds for concern, of issues related to the welfare of a child must be reported to Tusla without delay. Concern about a potential risk posed by a specific person, even if the children at risk are unidentifiable should also be made without delay. The safety and wellbeing of children must always take priority.

Any university member, having concern as to a child’s welfare must consult immediately with the DLP and the internal reporting form must be completed (see Appendix 9).

The DLP shall undertake to do the following:

• Discuss and establish if possible, in consultation with the person who raised the concern, if reasonable grounds for concern exist.
• If reasonable grounds for concern exist the information should be forwarded without delay to Tusla using the Children First Standard Reporting Form (as may be updated from time to time). This form can be accessed at this link. 
  1. Recognition of possible signs of abuse

Appendix 1 of these procedures outlines the types of child abuse and how they may be recognised. All university members shall familiarise themselves with these signs and symptoms of child abuse to enable them to meet their reporting obligations under these procedures. All university members should liaise with the DLP where they have a concern that a child may have been abused or neglected, is being abused or neglected, or is at risk of abuse or neglect. 

1. Reasonable grounds for concern 

It is not necessary for any university member to prove that abuse has occurred - all that is required is that the person has reasonable grounds for concern. It is Tusla’s role to assess concerns that are reported to it. 

The following are examples, as outlined in Children First, of 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.

• Consistent signs that a child is suffering from emotional or physical neglect.

• A child saying or indicating by other means that he or she has been abused.

• Admission or indication by an adult or a child of an alleged abuse they committed.

• An account from a person who saw the child being abused.

  1. Dealing with disclosures from children 

Any disclosures of child protection issues from a child, must be reported to the DLP who must in turn seek advice and/or report the matter to Tusla.  It is not the role of any DCU individual to judge the truth of the claims or the credibility of the child. It is the function of Tusla to investigate all concerns and disclosures. 

While the involvement of Tusla may not be desired by either the child or their family, Tusla must be advised of all disclosures by children as the removal of a risk to one child does not necessarily mean that there are no other children at risk. The information contained in a disclosure may be critical to Tusla’s assessment of risk to another child either now or in the future. 

It is important to deal with any allegation of abuse in a sensitive and competent way through listening to and facilitating the child to tell about the problem, rather than interviewing the child about details of what happened. 

The following advice should be followed. 

1. Concerns in relation to an adult who may pose a risk to children

Sometimes concerns arise in relation to whether an adult may pose a risk to children. For example, on the basis of known or suspected past behaviour, a concern could exist about the risk an individual may pose to children with whom he or she may have contact.  Any such reasonable concerns should be reported to Tusla, in accordance with the DCU reporting procedures, who will try to establish whether or not any child is currently at risk from the individual in question. Where concerns arise as to whether an adult may pose a risk to children (even if there is no specific child named in relation to the concern) and the DLP is not sure whether to report the matter to Tusla, the DLP shall seek advice from Tusla in accordance with the procedures set out in Chapter 4.

While Tusla will make every effort to examine such cases, it is a very complex area involving the accused’s constitutional rights to their good name, privacy and the right to earn a living, as well as the requirements of natural justice. Tusla must work within the Constitution, the law, the legal system and the demands of natural justice to balance the conflicting rights of those involved.  This may limit how much feedback Tusla can provide to the person who reported the concern on the progress or outcome of the case. Tusla’s examination can be greatly improved if the alleged victim feels able to co-operate with Tusla in its assessment or investigation.

1. Mandated Persons
   1. Statutory Obligations of Mandated Persons

The Children First Act 2015 places a legal obligation on mandated persons to report child protection concerns.

Mandated persons who have contact with children and/or families and who, because of their qualifications, training and/or employment role, are in a key position to protect children from harm. Mandated persons include professionals working with children in the education, health, justice, youth and childcare sectors.

Obligations on Mandated Persons

In addition to the reporting obligations outlined above, Children First places specific legal obligations on “Mandated Persons”.

A full list of mandatory persons is set out in Appendix 6 of this document.

Mandated persons are legally obliged to:

1. report child protection concerns that are at or above a defined threshold directly to Tusla; – this is Mandatory Reporting.
2. assist Tusla, if requested, in assessing a concern that has been reported to it by a mandated person - – this is Mandatory Assisting.

These obligations are clearly set out in Chapter 3 of Children First and all university members who are mandated persons must familiarise themselves with these.

The statutory obligation to make a mandated report under the Act applies only to information that a mandated person acquires in the course of his or her employment or profession as such a mandated person.  It does not apply to information acquired outside of his or her work, or information given to him or her on the basis of a personal rather than a professional relationship. 

Threshold of harm 

Under the Children First Act 2015 the threshold of harm at which a report must be submitted to Tusla by a mandated person, is reached when there are reasonable grounds to suspect that a child has been, is being or is at risk of being abused to the extent that the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected. 

The statutory obligation of mandated persons to report under the Children First Act 2015 must be discharged by the mandated person and cannot be discharged by the designated liaison person on their behalf. However a mandated person who makes a mandated report to Tusla jointly with the DLP meets his or her statutory obligation to report to Tusla under the Children First Act 2015. 

Section 3.2.3 of these procedures outlines the reporting process for mandated persons making a joint report with the DLP to Tusla. 

Does all underage sexual activity have to be reported?

Not necessarily, where the sexual activity is consensual, notwithstanding that one or both of the parties is under 17 years of age and all the following circumstances exist:

• The young person(s) concerned are between 15 and 17 years old.
• The age difference between them is not more than 2 years.
• There is no material difference in their maturity or capacity to consent.
• The relationship between the people engaged in the sexual activity does not involve intimidation or exploitation of either person.
• The young person(s) concerned stated clearly that they do not want any information about the activity to be disclosed to Tusla.

Where these criteria are met, and it is decided that it is not necessary or appropriate to make a report to Tusla, the DLP should still be informed and the Internal Report form completed to evidence that the above criteria were considered and met.

However, even where the above criteria are met, but a reasonable concern still remains a report should be made to Tusla under the general guidance on reporting where there are reasonable concerns.

Do the family of the young person need to be informed that a report has been made?

It is good practice to tell the family that a report is being made. This means that the family is fully informed about the services they are being referred to and understand what information professionals are passing on and why. More information in relation to informing parents is discussed in Chapter 4 of this document. 

Retrospective Disclosures by Abuse of Adults

Child protection concerns may arise with an adult (18 years or over) who discloses retrospectively that they have experienced abuse. Disclosures of historic abuse or crimes against a child or vulnerable adult are required to be reported unless there is a justifiable reason not to report, or not to report immediately. This will be required to be decided on a case by case basis if it arises. In such circumstances consideration must be given to the following:

• Establishing whether there is any current risk to any child who may be in contact with the alleged abuser.
• If any risk is deemed to exist to a child who may be in contact with an alleged abuser, this should be reported to the DLP who will in turn contact Tusla.
• A concern about a potential risk to children posed by a specific person, even if the children are unidentifiable, should be reported to the DLP who will in turn contact Tusla.
• If the person forming the concern in relation to sexual abuse is a mandated person then the matter should be referred to Tusla using the form prescribed for reporting allegations of abuse from retrospective persons. This form can be accessed at this link.

1. Consequences of non-reporting

The Children First Act, 2015 does not impose criminal sanctions on mandated persons who fail to make a report to Tusla. However there are possible consequences for a failure to report.  There are a number of administrative actions that Tusla could take if, after an investigation, it emerges that a mandated report was not made and a child was subsequently left at risk or harmed.  

However, under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (“The Withholding of Information Act”) it is an offence to fail to disclose to An Garda Síochána, without reasonable excuse, information concerning certain serious offences committed against a child or vulnerable adult. These serious offences are listed in the Schedules to the Withholding of Information Act and include most sexual offences and offences such as assault causing harm or serious harm, cruelty to a child, abduction of a child, manslaughter and murder.

What information must be reported?

Where a person knows or believes an offence has been committed, and the person has information which he or she knows or believes might be of material assistance in securing the apprehension, prosecution or conviction of the offender, it must be reported to An Garda Síochána.

Who is subject to this law?

Every person, organisation and sector of society other than the victim of an offence is subject to this obligation to report. Notwithstanding that the obligation to report is on the individual who has initially formed the concern, it is considered good practice that the onward reporting to and liaison with An Garda Síochána is best carried out by the DLP to ensure clarity and consistency of reporting. It is considered that the best interests of children are met by adopting this approach.

What are the penalties for non-reporting?

Penalties vary from fines and up to 12 months in prison to sentences of five or more years for the non-reporting of serious offences such as assault causing harm; assault causing serious harm; cruelty to a child; child abduction and manslaughter.

When might there be a “reasonable excuse” to not report?

The Act acknowledges that in certain circumstances a person may have a reasonable excuse for not making a report. Such a reasonable excuse may be considered a defence to not making a report to An Garda Síochána. 

The defences that are contemplated in the Act are set out below. However, it may ultimately be a matter for a court to decide if the excuse is reasonable. It is the policy that the best interest of the young person must always be the motivating factor in deciding whether to make a report.

• Where a child over 14 years makes known his/her view that they do not want the offence to be disclosed.
• Where the parents/guardian of a child under 14 years makes known their view that they do not want the offence to be disclosed (but not if the offender is a family member) and they are acting in the interests of the health and welfare of the child.
• Where a designated healthcare professional^[3]providing services to a child is of the view that it should not be disclosed and he/she is acting in the interests of the health and welfare of the child.
• Where a prescribed person^[4] providing support services^[5] to the child is of the view that it should not be disclosed and he/she is acting in the interests of the health and welfare of the child.

1. Protection for Persons Reporting Child Abuse

The Protections for Persons Reporting Child Abuse Act, 1998 provides protection against civil liability for persons who communicate allegations about child abuse reasonably and in good faith to a designated officer of the HSE or to any member of An Garda Síochána. This protection applies to organisations and to individuals. This protection is in addition to the defence of ‘qualified privilege’ in any defamation action where concerns are reported reasonably and in good faith to the appropriate authorities.

1. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 - 2016

As part of a suite of legal and policy measures in relation to child protection, the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 was passed into law in 2012 and commenced on the 29^th April, 2016. 

1. Mandated Assisting

Tusla may request a mandated person to provide any necessary and proportionate information and assistance to aid Tusla in assessing the risk to a child arising from a mandated report. There is a statutory obligation on all mandated persons to comply, as soon as practicable, with a request made by Tusla in accordance section 16(1) of the Children First Act, 2015.  This obligation applies regardless of who made the mandated report.

Mandated assistance may include a request to supply further information over the phone, produce a verbal or written report or attend a meeting.  Further information about mandated assistance, including Tusla’s protocol for requesting such assistance, can be found on Tusla’s website www.tusla.ie.

A mandated person who shares information with Tusla pursuant to a mandated assistance request made by Tusla in accordance with section 16(1) of the Act, is protected from civil liability in relation to the sharing of that information with Tusla. 

1. University Designated Liaison Person

The Governing Authority of DCU has appointed the Chief Operations Officer as the University Designated Liaison Person (DLP) responsible for ensuring that the child protection reporting procedures within DCU are followed promptly and correctly. In the absence of the DLP the Deputy DLP (DDLP) responsible for dealing with child protection concerns are the Deputy President or the Deputy Chief Operations Officer.

Under the requirements of the DCU procedures the DLP / DDLP is also considered to be a mandated person.

The DLP is also responsible for 

• Acting as a resource person to any member of the DCU community who has a child protection concern. 
• Recording all concerns or allegations of child protection issues brought to their attention, and the actions taken in relation to such a concern or allegation.
• Reporting concerns or suspicions of child protection issues to Tusla, An Garda Síochána and other agencies as required.
• Seeking advice from Tusla in situations where the DLP is not sure whether to report the matter to Tusla or whether a report should be submitted as a mandated report.
• Maintaining all records in a secure location 
  1. What must be reported

The DLP should be knowledgeable about child protection and is provided with any training considered necessary to fulfil this role. Chapter 3 of these procedures outline the specific actions to be taken by the DLP in relation to the reporting of any concerns about a child including those in respect of joint mandated reporting. 

The Governing Authority of DCU has appointed the DLP as the “relevant person” under section 11 of the Children First Act, 2015 for the purposes of being the first point of contact in respect of the university’s Child Safeguarding Statement.

The name and contact details of the DLP and DDLP shall be recorded in the Child Safeguarding Statement.  The name and contact details of the DLP shall be displayed on the university website. Tusla, An Garda Síochána and other parties shall be advised by the DLP that they shall conduct all matters pertaining to the processing or assessment/investigation of alleged child abuse through the DLP.  Where an allegation or suspicion of child abuse concerns a member of the DCU community the DLP shall also report the matter to the HR Director / Vice president Academic Affairs as outlined in Chapter 5.

Mandated persons must report any knowledge, belief or reasonable suspicion that a child has been, is being or is at risk of being harmed. Harm is defined as assault, ill-treatment or neglect that seriously affects, or is likely to seriously affect the child’s health, development or welfare. Therefore, there is a “threshold of harm” that must be met. If a mandated person is unsure if this threshold is met they should contact the Duty Social Worker in Tusla to discuss this.

Harm also includes sexual abuse. However, there is no threshold to meet if sexual abuse is suspected as all sexual abuse seriously affects a child’s health, development and welfare. These are further explored in Chapter 3 of Children First and all mandated persons must familiarise themselves with these.

Where a university member is unsure whether or not a report should be made to the DLP they may seek advice from the DLP.  Where the DLP is unsure whether or not to report the matter to Tusla they may seek advice from Tusla.

The guiding principles on reporting child protection concerns may be summarised as follows:

1. The safety and well-being of the child must take priority over concerns about adults against whom an allegation may be made.
2. Reports of concerns should be made without delay to Tusla / Garda Síochána by the DLP.
   1. Record Keeping

If the concern or allegation arises during a work placement / teaching practice etc. the concern/allegation must also be reported to the relevant Designated Liaison Person in the place of work /school. 

University members are required to comply with the best practice (non-statutory) requirement of the Children First National Guidance 2017 and in accordance with these procedures, to report all reasonable concerns to the DLP regardless of where or how they arise.  In addition, mandated persons are required to act in accordance with their statutory requirements of the Children First Act 2015 and must follow the procedures set out in section 3.2 if a mandated report is being made to Tusla.

When child abuse is suspected, it is essential that a written record of all the information available is made. Therefore members of the DCU community reporting a concern to the DLP shall be expected to make a detailed account of:

• the grounds for the concerns (e.g. details of the allegation, dates of incidents, and description of injuries). 

• signs of physical injury shall be described in detail and, if appropriate, sketched.

• any comment by the child concerned, or by any other person, about how an injury occurred shall be recorded, preferably quoting words actually used, as soon as possible after the comment has been made. 

• the names, if known, of who is allegedly harming the child or not caring for them appropriately should also be recorded.

  1. Allegations or concerns involving university members

All written records should be factual and objective and the name, contact details and relationship to the child of the person bringing the concerns must be included in the written record.  All records shall include the name of the person bringing the concerns, be signed and dated. All records must then be passed onto the DLP. 

Records made by university members will be passed onto Tusla in the event that a referral is made. Consequently university members may subsequently be invited to attend at a child protection conference or any proceedings where the matter is being investigated.

University members who receive allegations of abuse against another university member or who themselves have concerns of abuse being perpetrated by a university member shall report the matter without delay to the DLP. In such cases, the DLP shall follow the procedures set out in Chapter 3 below for dealing with the allegation or concern.  In addition, the procedures in Appendix 7 shall be followed.

If the allegation or concern relates to the DLP the matter should be reported, without delay, to the President of DCU. In such cases, the President of DCU shall follow the procedures set out in Chapter 3 below for dealing with the allegation or concern.  In addition, the procedures in Appendix 7 shall be followed. 

Chapter 3:

Reporting of Concerns to Tusla / An Garda Síochána

The Children First (2017) guidelines require that Tusla shall always be notified where a person has a reasonable grounds for concern that a child may have been, is being or is at risk of being abused. In addition under the Children First Act 2015 the threshold of harm, at which a report must be submitted to Tusla as a mandated report, is reached when there are reasonable grounds to suspect that a child has been, is being or is at risk of being abused to the extent that the child’s health, development or welfare have been or are being seriously affected, or are likely to be seriously affected. 

The DCU procedures require that all concerns are channelled by university members through the DLP. It is the responsibility of the DLP to get advice and/or make a report to Tusla and/or An Garda Síochána. 

This chapter outlines the procedures that must be followed by the DLP when making reports brought to their attention by:

1. non-mandated members of DCU (3.1)

2. mandated members of DCU (3.2)

3. Reporting concerns made to the DLP by non-mandated university members

All child protection concerns or disclosures reported to the DLP by non-

mandated persons must be dealt with in accordance with the following procedures with 

due regard to confidentiality as outlined in Chapter 1. 

The DLP shall:

• request a written record from the university member making a child protection report to them as outlined in 2.8 of these procedures.

• make a written record of any concerns or allegations of child abuse brought to his or her attention, and the actions taken in relation to the concern or allegation.

• Ensure all written records are kept in a secure location. 

In the event that the matter relates to a concern or disclosure that arises during a work placement / teaching practice etc. the person reporting the matter to the DLP must be advised to report the concern/ disclosure to the relevant Designated Liaison Person in the place of work /school. 

1. Reporting to Tusla / An Garda Síochána

If the DLP is satisfied that there are reasonable grounds for the suspicion or 

allegation then he / she shall report the matter to the relevant officials Tusla immediately - normally the social work department that deals with child protection issues in the area where the child resides.

Please note: In the event that the DLP considers the concern to be at or above the defined threshold of harm (see 2.6.1) a mandated report must be made.

The contact details for making referrals are all available on the Tusla website (www.tusla.ie) 

A report shall be made to Tusla either in person, by phone or in writing. Each area has a social worker on duty for a certain number of hours each day.  Personnel are available to meet with, or talk on the telephone to, persons wishing to report child protection concerns. It is generally advisable that persons wishing to report child protection concerns make personal contact with Tusla. This will facilitate the duty social worker in gathering as much information as possible about the child and his or her parents/carers. 

In cases of emergency, where a child appears to be at immediate and serious risk, and it is not possible to make contact with Tusla, An Garda Síochána shall be contacted immediately. This may be done at any Garda Station. Under no circumstances should a child be left in a dangerous situation pending intervention. 

The DLP will be required to complete and forward the Standard Reporting Form to Tusla as soon as possible after making the initial referral (whether made initially in person, by phone or in writing to either Tusla or An Garda Síochána). A copy of the Standard Reporting Form is available at this link. Although all information requested might not be available to the person making a report, the forms shall be completed as comprehensively as possible. 

1. Seeking Advice from Tusla

The DLP should seek advice from Tusla in all situations where he/she is not sure whether to report the matter to Tusla or whether or not the matter should be reported as a mandated report. Advice should be sought from the child and family services where the child resides. In consulting Tusla, the DLP shall be explicit that he or she is requesting advice and consultation and that he or she is not making a report. At this informal stage the DLP need not give details that could identify the child.

Details of who to contact to discuss concerns with can be found on the Tusla website (www.tusla.ie).

In all cases, the DLP shall retain a record of the consultation with Tusla, which should note the date, the name of the official and the advice given. 

1. Decision not to Report

If the DLP decides not to report a concern to Tusla, the following steps should be taken:

• The reasons for not reporting should be recorded 

• Any actions taken as a result of the concern should be recorded 

• The person who raised the concern should be given a clear written explanation of the reasons why the concern is not being reported to Tusla

• The person who raised the concern should be advised that if they remain concerned about the situation, they are free to make a report to Tusla  or An Garda Síochána

  1. Reporting concerns made to the DLP by Mandated Persons

1. Mandated Persons:

Under the Children First Act, 2015, all mandated person (see Appendix 6 for Schedule of Mandated Persons under the Children First Act 2015) that have concerns about a child or who receive a disclosure that meets or exceeds the threshold of harm 2.6.1) have a statutory obligation to make a report to Tusla.

The statutory obligation of mandated persons to report under the Children First Act 2015 must be discharged by the mandated person and cannot be discharged by the DLP on their behalf. However a mandated person who makes a mandated report to Tusla jointly with the DLP meets his or her statutory obligation to report to Tusla under the Children First Act 2015. 

1. How to make a mandatory report

Mandated persons must report directly to Tusla as soon as is practicable using the relevant forms which can be accessed at this link. Where urgent intervention is required the form may be filled out within 3 days of Tusla having been alerted of the issue. A mandated person may make a report jointly with another mandated person or with the DLP.

Any mandated report should be brought to the attention of the DLP. The internal report form at Appendix 9 must also be fully completed in conjunction with the DLP.

Important note: As all sexual abuse falls within the category of seriously affecting a child’s health, welfare or development, all concerns about sexual abuse must be submitted as a mandated report to Tusla. There is one exception, which deals with certain sexual activity between older teenagers which is outlined in section 2.6.1 of these procedures.

1. DCU Joint reporting procedures

The following joint reporting procedures apply to all mandated persons in DCU. 

Where a mandated person receives an allegation or has a suspicion that a child may have been abused, is being abused, or is at risk of abuse (as described in Appendix 1 of these procedures) he or she shall, without delay, report the matter to the DLP.

The DLP shall:

• request a written record from the DCU person making a child protection report to them as outlined in 2.8 of these procedures.

• make a written record of any concerns or allegations of child protection concerns brought to their attention, and the actions taken in relation to the concern or allegation.

• Ensure all written records are kept in a secure location. 

In the event that the matter relates to a concern or disclosure that arises during a work placement / teaching practice etc. the person reporting the matter to the DLP must also be advised to report the concern/ disclosure to the relevant Designated Liaison Person in the place of work /school. 

The DLP and the mandated person must consider whether there are reasonable grounds for concern (see section 2.3) about the welfare and protection of the child. 

If the DLP and the mandated person both agree that the concern is at or above the defined threshold of harm (see 2.6.1) at which a mandated report must be made, the concern shall, as soon as practicable, be submitted as a mandated report jointly by the DLP and the mandated person concerned using the Tusla report form. This form can be accessed at this link.  

Where the DLP is unsure whether to report a concern to Tusla or whether a report should be submitted as a mandated report, the DLP shall seek advice from Tusla. The DLP shall inform the mandated person concerned that such advice is being sought and shall, when received, inform the mandated person of the advice provided

Where Tusla advises that a mandated report should be made, the DLP and the mandated person concerned shall act on that advice and a mandated report shall, as soon as practicable, be submitted to Tusla jointly by the DLP and the mandated person concerned in accordance with these procedures.

In any case (including where the DLP has sought and considered the advice of Tusla) where the DLP and the mandated person are both satisfied that the concern is not at or above the defined threshold of harm (see 2.6.1) for a mandated report but both consider that it constitutes reasonable grounds for concern (as described in 2.3 of these procedures) the DLP shall as soon as practicable, report the concern to Tusla in accordance with these procedures.   In such cases, the mandated person is not required to submit a report to Tusla.

In any case (including where the DLP has sought and considered the advice of Tusla) where either the DLP or the mandated person, has any remaining doubt as to whether the concern is at or above the defined threshold of harm (see 2.6.1) for a mandated report, the DLP or the mandated person (or both where applicable) shall submit the report to Tusla as a mandated report in accordance with the reporting procedures. 

The Tusla report form, available on the Tusla website www.tusla.ie, shall be completed as comprehensively as possible and indicate, in the manner required that it is a mandated report under the Children First Act, 2015. Please Note: The Tusla report form can be filled in and submitted online. However it is imperative that a copy of the form is printed off and stored securely by the DLP.

Mandated persons are not required to report the same concern more than once. However, if a mandated person becomes aware of any additional information a further report shall be made. 

1. Decision not to report

Where the DLP has decided not to report to Tusla or has decided not to submit the report as a mandated report to Tusla, the DLP shall:

• Advise the mandated person that it still remains open to that person to seek advice from Tusla and to report his or her concern, or to report that concern as a mandated report to Tulsa where he or she still considers that such a report is warranted. 

• Give the mandated person a clear statement in writing as to the reasons why action is not being taken and a copy of that statement shall be retained by the DLP.  If, in such circumstances, the mandated person decides to report the concern to Tusla he/she shall provide a copy of that report to the DLP.  Where that report concerns a member of school employees, the DLP shall inform the employer. 

1. Risk of immediate harm: 

Where a mandated person knows, believes or has reasonable grounds to suspect that a child may be at risk of immediate harm and should be removed to a place of safety, he or she may make a report to Tusla other than by means of the Tusla Report Form. In such cases, a Tusla Report Form must be submitted as soon as possible thereafter but in any event not later than 3 days after the making of the first-mentioned report.

Under no circumstances should a child be left in a situation that exposes him or her to harm or risk of harm pending intervention by Tusla. If it is considered that a child is in immediate danger and Tusla cannot be contacted, An Garda Síochána should be contacted without delay.

Chapter 4

Reporting to Parents and DCU Management

1.  
2. Informing Parents

It is the responsibility of the DLP, who is submitting a report to Tusla or An Garda Síochána, to inform the parent/carer of the child that a report is being made and the reasons for the decision to report. Even in cases where a mandated person is submitting a report to Tusla, it is the DLP who shall assume the responsibility for informing a parent/carer. 

However, Tusla advise that there is not a need to tell the family that a report is being made, if:

• By doing so, the child will be placed at further risk.
• Where the family knowing about the report could affect Tusla’s ability to carry out a risk assessment.
• You believe that doing so would place you at risk of harm from the family.
  1. Reporting to DCU Governing Authority and DCU Executive

A record shall be made, by the DLP, of the information communicated to the parent/carer. A decision not to inform a parent/carer shall be briefly recorded by the DLP, together with the reason for not doing so. Where the DLP has any doubt as to whether or not to inform a parent/carer that a report is being made, the DLP shall seek the advice of Tusla.

The DLP must report to the Director of HR and/or Vice-President Academic Affairs, as appropriate, as soon as possible after the occurrence of any of the following: 

1. an allegation of a child protection concern is made against university members 

2. a child protection report, including child protection concern that arise from alleged bullying behaviour involving children, is made to Tusla or An Garda Síochána 

Please Note: In the interest of protecting the anonymity of the child, no details of the case should be disclosed unless there are issues which need to be addressed directly by them. 

Where an allegation of a child protection concern is made against a university member the DLP shall always:

1. inform the Director of HR where the matter involves an allegation or concern made against an employee or volunteer and 
2. inform the Vice President Academic Affairs where the matter involves an allegation or concern made against a student. 

Both a) and b) above apply whether or not the matter is being reported to Tusla.

Chapter 5 contains further information on dealing with allegations or suspicions of child protection concerns are made against a member of the DCU community.

Chapter 5:

Dealing with Allegations or Suspicions of Child Abuse made against a university member

1.  
2. Introduction

While the most important consideration is the protection of children, and their safety and well-being must be the priority, DCU also has a duty and responsibility in respect of all university members.  While priority must be given to the rights and interests of children, DCU must ensure that any person against whom an allegation is made is also afforded their rights to a full and fair enquiry. 

In the context of allegations or suspicions of child protection concerns regarding a university member the primary goal is to protect the child. However, any university member may be subject to erroneous or malicious allegations. Therefore, any allegation of a child protection concern shall be dealt with sensitively and with appropriate supports, including counselling which can be provided through the Staff EAP service. All university members shall be treated fairly which includes the right not to be judged in advance of a full and fair enquiry.

In dealing with any concerns or allegations of child protection concerns involving a university member, DCU should be aware of and comply with employment legislation and other relevant employee/student relations policies such as approved grievance and disciplinary procedures. 

1. Protocol authorising immediate action. 

DCU has in place protocols for authorising immediate action in the event that an allegation of child protection concern is made involving a university member.

1. Where the matter involves an allegation or concern made against an employee or volunteer the Director of HR, or his/her nominee, shall take immediate action on behalf of DCU.
2. Where the matter involves an allegation or concern made against a student the Vice President Academic Affairs, or his/her nominee,  shall take immediate action on behalf of DCU.

1. Procedures to be Followed

In the event that an allegation is made against any university member there are two procedures to be followed:

1. the reporting procedure in respect of the allegation/suspicion;
2. the procedure for dealing with the person against whom the allegation is made.

In general the same person shall not have responsibility for dealing with both procedures. The DLP is responsible for reporting the matter to Tusla and/or An Garda Síochána while the Director of HR/Vice President Academic Affairs, or his/her nominee, is responsible for addressing the relevant procedural issues applicable in respect of a DCU employee or student, as applicable.

The DLP shall:

• immediately act in accordance with the procedures outlined in Chapters 2, 3 and 4 of these procedures with regard to getting a written statement, reporting to Tusla and informing parents.
• always inform the Director of HR, or their nominee, where the matter involves an allegation or concern made against an employee or volunteer.
• always inform the Vice President Academic Affairs, or their nominee, where the matter involves an allegation or concern made against a student. 

The Director of HR / Vice President Academic Affairs shall:

1. seek legal advice if required as circumstances can vary from one case to another and it is not possible in these procedures to address every scenario.
2. Seek advice from Tusla / Gardaí in relation to the risk to children.
3. Arrange to privately inform the person against whom the allegation was made of the following: 

• the fact that an allegation has been made against him/her;
• the nature of the allegation;
• whether or not the matter has been reported to Tusla.

1. provide a copy of the written record and/or allegation, and any other related documentation to the person against whom the allegation is made – having due regard to ensuring that appropriate measures are in place to protect the child. 
2. If, following the advice offered at a) and b), the nature of the allegation warrants immediate action the Director of HR/ Vice President Academic Affairs shall direct the person against whom the allegation is made to absent themselves from the faculty, school and campus with immediate effect.

Where the Director of HR/ Vice President Academic Affairs has directed a university member to absent themselves from the faculty, school and campus with immediate effect, such an absence should not imply any degree of guilt on the part of the person against whom the allegation is made.

Where such an absence involves a paid employee, DCU Human Resources shall immediately be contacted with regard to: formal approval for the payment of remuneration or ex-gratia payments in lieu of remuneration as appropriate, and if appropriate, sanction for the employment of a temporary employee where necessary.

At all stages it should be remembered that the first priority is to ensure that no child is exposed to unnecessary risk. DCU shall, as a matter of urgency, ensure that any necessary protective measures are taken. These measures should be proportionate to the level of risk and should not unreasonably penalise the person against whom the allegation is made, financially or otherwise, unless necessary to protect children. Where protective measures penalise the person against whom the allegation is made, it is important that early consideration be given to the case.

It is essential that at all times the matter is treated in the strictest confidence and that the identity of the person against whom the allegation is made shall not be disclosed, other than as required under the procedures within this document, until such time as that person has been offered the opportunity to address and/or be represented.

The principles of natural justice, the presumption of innocence and fair procedures shall be adhered to. It is very important to note that the actions described here are intended to be precautionary and not disciplinary.

Please note: Where the allegation/suspicion relates to the DLP, the Director of HR shall assume the responsibility for seeking advice from Tusla and/or for reporting the matter to Tusla.

1. Right of Reply

Once the matter has been reported to the person against whom the allegation is made they shall be offered the opportunity to respond to the allegation in writing to the appropriate body within a specified period of time. That person shall be told that their explanation to the appropriate body shall also be passed on to Tusla and/or An Garda Síochána as appropriate.

1. Feedback from Tusla

Tusla should provide feedback to management or the Director of HR/ Vice President Academic Affairs on the progress of a child abuse investigation involving a university member. Tusla should seek to promptly assess complaints and to complete its assessment as quickly as possible, bearing in mind the serious implications for innocent persons. 

The Director of HR/ Vice President Academic Affairs should be notified of the outcome of the assessment/investigation. This will assist management in reaching a decision about the action to be taken in the longer term concerning the person against whom the allegation was made.

Chapter 6:

Child Safeguarding Risk Assessment and the Child Safeguarding Statement

1.  
2. Statutory Obligations

The Children First Act 2015 places specific obligations on organisations which provide services to children and young people, including the requirement to:

• Keep children safe from harm while they are using your service 

• Carry out a risk assessment to identify whether a child or young person could be harmed while receiving services 

• Develop a Child Safeguarding Statement that outlines the policies and procedures which are in place to manage the risks that have been identified

• Appoint a relevant person to be the first point of contact in respect of the organisation’s Child Safeguarding Statement 

  1. Child Safeguarding Statement

The organisations that have statutory responsibilities under the Children First Act 2015 are those that provide a relevant service to children and young people. Appendix 6 outlines a full list relevant services. 

Organisations, already in existence, must complete the requirements for a risk assessment and Child Safeguarding Statement within three months of the relevant sections of the Children First Act 2015 coming into force on December 11^th 2017. 

The Children First Act 2015 requires organisations that are providers of relevant services to prepare a Child Safeguarding Statement. This is a written statement that specifies the service being provided and the principles and procedures to be observed in order to ensure, as far as practicable, that a child availing of the service is safe from harm. 

To meet the requirements of the Children First Act 2015 DCU is required to develop a Child Safeguarding Statement which 

1. examines all aspects of the services DCU provides to children to establish whether there are any practices or features of the service/s that have the potential to put children at risk. 

2. outlines the policies and procedures which are in place to manage the risks that have been identified

   1. Carrying Out a Risk Assessment

A Child Safeguarding Statement has been prepared by DCU and is available at this link. 

In order to comply with the statutory obligations all DCU faculties/offices/departments are required to contribute to the DCU Child Safeguarding Risk Assessment process, on an annual basis, to: 

• identify additional risks (not already identified in the over aching DCU Risk Assessment) and the procedures/policies that are in place in the faculty/office/department to manage those risks.

• notify the DLP of the additional risks and the procedures / policies that are in place to manage those risks. 

The DLP must then include additional risks identified and the procedures to manage them in the overarching DCU Child Safeguarding Risk Assessment Statement.

The risk assessment process is intended to enable faculties/offices/departments to:

• Identify potential risks.
• Develop policies and procedures to minimise risk by responding in a timely manner to potential risks.
• Review whether adequate precautions have been taken to eliminate or reduce these risks.

Appendix 2 contains a template to assist faculties/offices/departments in doing the risk assessment. 

A step-by-step guide to risk assessment is included in the Child Safeguarding Statement (see Appendix 1) 

While it is not possible to eliminate risk completely, risks can be significantly reduced if they are properly managed.

Appendix 1:

Recognition of Child Abuse

Types of child abuse

Child abuse can be categorised into four different types: 

1. Neglect
2. Emotional abuse
3. Physical abuse and

4. Sexual abuse. 

A child may be subjected to one or more forms of abuse at any given time. The table below can be used as a guide to recognising these different types of abuse.

Who can abuse a child?

Abuse can occur within the family, in the community or in an institutional setting. The abuser may be someone known to the child or a stranger, and can be an adult or another child. 

In a situation where abuse is alleged to have been carried out by another child, you should consider it a child protection issue for both children and you should follow child protection procedures for both the victim and the alleged abuser.

What constitutes abuse?

The important factor in deciding whether the behaviour is abuse is the impact of that behaviour on the child rather than the intention of the parent/carer. You should refer to section 2.6.1 of this document for more information about the threshold of harm for child abuse. 

What makes a child more vulnerable to harm?

Children with disabilities, children with communication difficulties, children in care or living away from home, or children with a parent or parents with problems in their own lives may be more susceptible to harm.

Children with disabilities or special educational needs; those from ethnic minority and migrant groups; from the Traveller community; lesbian, gay, bisexual or transgender (LGBT) children and those perceived to be LGBT; and children of minority religious faiths can all be more vulnerable to bullying.

In addition a child needs to have someone they can trust in order to feel able to disclose abuse they may be experiencing. They need to know that they will be believed and will get the help they need. Without these things, they may be vulnerable to continuing abuse. 

A list of the range of issues in a child’s life that may place them at greater risk of abuse is contained in Chapter 2, p11, of Children First 2017.

What about bullying?

Bullying includes behaviours such as physical aggression, cyberbullying, damage to property, intimidation, isolation/exclusion, name calling, malicious gossip and extortion. It can also take the form of abuse based on gender identity, sexual preference, race, ethnicity and religious factors. 

In cases of serious instances of bullying where the behaviour is regarded as possibly abusive, a referral may need to be made to Tusla and/or An Garda Síochána in accordance with the DCU reporting procedures.

Please note: Most child abuse or neglect is not identified based on a single event or indicator. Indicators usually occur in clusters and in some cases there may be no indicators of abuse occurring. The above indicators may lead to a concern that a child is being subjected to abuse. Indicators should be considered in the context of the child’s age, capabilities, medical and developmental history.
 

Appendix 2a:

DCU Child Safeguarding Risk Assessment Template for DLP Use

In undertaking this risk assessment, DCU has endeavoured to identify as far as possible the risks of harm that are relevant to all faculties, offices and departments and to ensure that adequate procedures are in place to manage and address all risks identified. 

While it is not possible to foresee and remove all risk of harm, DCU has in place the procedures listed in this risk assessment to manage and reduce risk to the greatest possible extent.

This risk assessment has been completed on behalf of DCU by the DLP...... ………………[date]. 

It shall be reviewed as part of the annual review of the DCU Child Safeguarding Statement.

Signed _____________________________________ Date ________________

Designated Liaison Person

Appendix 2b:

Additional Child Safeguarding Risk Assessment Template for faculties/offices/departments

In accordance with section 11 of the Children First Act 2015 and with the requirement of the DCU Child Protection Procedures 2017, the following is the Written Risk Assessment of Additional Risks identified by (name of faculty/office/department].     

This additional risk assessment has been completed by ______________________________ (insert name of person) on behalf of the faculty/office/department on ......... ………………[date]. 

It shall be reviewed as part of the annual review of its Child Safeguarding Statement.

Signed _____________________________________ Date ________________ 

Add name and title of faculty/office/department signatory.

Appendix 3

Child Safeguarding Statement Template

In accordance with the requirements of the Children First Act 2015, Children First: National Guidance for the Protection and Welfare of Children 2017, the DCU Child Protection Procedures 2017 and Tusla Guidance on the preparation of Child Safeguarding Statements, DCU has prepared the Child Safeguarding Statement appended this document.

1. All DCU faculties/offices/departments shall adopt and implement fully and without modification the DCU Child Protection Procedures 2017 as part of this overall Child Safeguarding Statement.
2. The Designated Liaison Person (DLP) responsible for dealing with all child protection concerns in DCU is the Chief Operations Officer.
3. In the absence of the DLP the Deputy Designated Liaison Person (DDLP) responsible for dealing with child protection concerns is the Deputy Chief Operations Officer.
4. DCU recognises that child protection and welfare considerations permeate all aspects of university life and therefore must be reflected in all of the university’s policies, procedures, practices and activities. 

In adhering to the following key principles of best practice in child protection and welfare all university members will: 

• recognise that the protection and welfare of children is of paramount importance, regardless of all other considerations;
• fully comply with statutory obligations under the Children First Act 2015 and other relevant legislation relating to the protection and welfare of children;
• fully co-operate with the relevant statutory authorities in relation to child protection and welfare matters;
• adopt safe practices to minimise the possibility of harm or accidents happening to children and protect workers from the necessity to take unnecessary risks that may leave them open to accusations of abuse or neglect;
• where appropriate, develop a practice of openness with parents and encourage parental involvement in the education of their children; and 
• fully respect confidentiality requirements in dealing with child protection matters.

All university members will also adhere to the above principles in relation to any adult with a special vulnerability. 

1. The following procedures/measures are in place:

• In relation to any employee who is the subject of any investigation (howsoever described) in respect of any act, omission or circumstance in respect of a child attending DCU, university members will adhere to the relevant procedures set out in the DCU Child Protection Procedures 2017 and to the relevant agreed disciplinary procedures for university employees.
• In relation to the reporting of child protection concerns to Tusla, all university members are required to adhere to the procedures set out in the DCU Child Protection Procedures 2017, including in the case of mandated persons reporting under the Children First Act 2015.

Please note:  All child protection concerns must be channelled through the DLP who is the person responsible for making reports to Tusla, An Garda Síochána, DCU governing body and other external agencies.   (In the event that the concern relates to the DLP the concern must be reported to the DCU President)

• The Designated Liaison Person (DLP) responsible for dealing with all child protection concerns in DCU is the Chief Operations Officer.

• In the absence of the DLP the Deputy Designated Liaison Person (DDLP) responsible for dealing with child protection concerns is the Deputy Chief Operations Officer.

• The DLP as the ‘relevant person’ (as defined in the Children First Act 2015) is the first point of contact in respect of the DCU Child Safeguarding Statement.

• In accordance with the Children First Act 2015, DCU has carried out an assessment of any potential for harm to a child while attending DCU or participating in DCU activities. A written assessment setting out the areas of risk identified and the DCU procedures for managing those risks is attached as an appendix to these procedures (See appendix 2a). Note:  Individual faculties/offices/departments shall be required to contribute to the development of the DCU Child Safeguarding Statement by outlining other policies and procedures that are in place in the faculty/office/department to manage additional risks that have been identified by members of DCU in that faculty/office/department (See 6 below)

• The Child Safeguarding Statement will be reviewed annually or as soon as practicable after there has been a material change in any matter to which this statement refers.

• All external parties, subsidiary companies, organisations, agencies and groups (e.g. Summer residency programmes / activities, Campus Accommodation and Retail Outlets), operating both within the DCU campus and on behalf of DCU, will be required to have a child protection policy, in line with the requirements of Children First (2017).

•  All such subsidiary companies, organisations, agencies and groups will be required to furnish the DLP with a copy of their child safeguarding statement. 

1. All faculties/offices/departments will ensure the following procedures/measures are in place:
2. In relation to the provision of information and, where necessary, instruction and training in respect of the identification of the occurrence of harm (as defined in the 2015 Act) 

• A copy of the DCU Child Protection Procedures and the DCU Child Safeguarding Statement including the Risk Assessment is made available to all members of the faculty/office/department online
• All members avail of appropriate training as has been identified in the risk assessment 
• A record is maintained of training undertaken by members 

1. In relation to the selection or recruitment of employees and their suitability to work with children, all faculties/offices/departments will adhere to the statutory vetting requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and to the wider duty of care guidance set out in relevant DCU recruitment procedures.
2. The DCU Child Protection procedures, the DCU Child Safeguarding Statement, including the Risk Assessment, can be accessed via the COO website.
3. The name and contact details of the Designated Child Protection Contact Person are displayed prominently on the faculty website.
4. Where appropriate, the DCU Child Safeguarding statement, including the Risk assessment  is readily accessible to parents and guardians on request.

Note:  The above is not intended as an exhaustive list. Individual faculties/offices/departments shall also include in this section such other procedures/measures that are of relevance to the faculty/office/department in question. 

1. The DCU Child Safeguarding statement shall be published on the DCU website. 

1. This Child Safeguarding Statement will be reviewed annually or as soon as practicable after there has been a material change in any matter to which this statement refers.

The DCU Child Safeguarding Statement was adopted by DCU on _________________ [date].

Signed: _________________________                      Signed: ____________________________

Add: Name and Title of persons signing the Child Safeguarding Statement. 

Date:    __________________________                   Date:    ___________________

Appendix 4

Schedule of Relevant Services under the Children First Act 2015

Schedule 1 of the Children First Act 2015 defines Relevant Services as:

1. Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children in—

   1. an establishment which provides early years services within the meaning of Part VIIA of the Child Care Act 1991,

   2. a school or centre of education, both within the meaning of the Education Act 1998,

2. any hospital, hospice, health care centre or other centre which receives, treats or otherwise provides physical or mental health services to children, (d) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided in accordance with the Child Care Act 1991 or to children with disabilities in relation to their disabilities a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991 a   children detention school within the meaning of section 3 of the Children Act 2001 a reception or accommodation centre which provides residential accommodation services to applicants for asylum under contract to the Department of Justice and Equality where children may be accommodated, or

3. a centre which provides residential accommodation services to victims of domestic violence where children may be accommodated.

4. Any work or activity which consists of the inspection of a service provided to a child under the Child Care Act 1991, the Education Act 1998, the Children Act 2001 or the Health Act 2007. 

5. Any work or activity which consists of the inspection, examination or investigation by the of the Ombudsman for Children under the Ombudsman for Children Act 2002.

6. Any work or activity which consists of treatment (including assessment which may lead to treatment), therapy or counselling provided to a child.

7. Any work or activity which consists of the provision of —

   1. educational, research, training, cultural, recreational, leisure, social or physical activities to children,

   2. care or supervision of children, or

   3. formal consultation with, or formal participation by, a child in respect of matters that affect his or her life, whether or not for commercial or any other consideration.

8. Any work or activity which consists of the provision of advice or guidance services (including by means of electronic interactive communications), a necessary and regular part of which consists, mainly, of the person having access to, or contact with, children.

9. Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs which would or could bring that minister, priest or other person, as the case may be, into contact with a child.

10. Any work or activity as a driver of, or as an assistant to the driver, or as a conductor, or as a supervisor of children using a vehicle which is being hired or used only for the purpose of conveying children who are unaccompanied by a parent or guardian.

Any work or activity which is carried out by a member of An Garda Síochána, a necessary and regular part of which consists mainly of the person having access to, or contact with, children.
 

Appendix 5

Schedule of Mandated Persons under the Children First Act 2015

Schedule 2 of the Children First Act 2015 specifies the following classes of persons as Mandated Persons for the purposes of the Act:

1. Registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007.

2. Registered nurse or registered midwife within the meaning of section 2(1) of the Nurses and Midwives Act 2011. 

3. Physiotherapist registered in the register of members of that profession.

4. Speech and language therapist registered in the register of members of that profession.

5. Occupational therapist registered in the register of members of that profession.

6. Registered dentist within the meaning of section 2 of the Dentists Act 1985.

7. Psychologist who practises as such and who is eligible for registration in the register (if any) of members of that profession.

8. Social care worker who practises as such and who is eligible for registration in accordance with Part 4 of the Health and Social Care Professionals Act 2005  in the register of that profession.

9. Social worker who practises as such and who is eligible for registration in accordance with Part 4 of the Health and Social Care Professionals Act 2005  in the register (if any) of that profession.

10. Emergency medical technician, paramedic and advanced paramedic registered with the Pre-Hospital Emergency Care Council under the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000).

11. Probation r within the meaning of section 1 of the Criminal Justice (Community Service) Act 1983.

12. Teacher registered with the Teaching Council.

13. Member of An Garda Síochána.

14. Guardian ad litem appointed in accordance with section 26 of the Child Care Act 1991.

15. Person employed in any of the following capacities:

    1. manager of domestic violence shelter;

    2. manager of homeless provision or emergency accommodation facility;

    3. manager of asylum seeker accommodation (direct provision) centre;

    4. addiction counsellor employed by a body funded, wholly or partly, out of moneys provided by the Oireachtas;

    5. psychotherapist or a person providing counselling who is registered with one of the voluntary professional bodies;

    6. manager of a language school or other recreational school where children reside away from home;

    7. member of the clergy (howsoever described) or pastoral care worker 

(howsoever described) of a church or other religious community;

1. director of any institution where a child is detained by an order of a court;

2. safeguarding r, child protection r or other person (howsoever described) who is employed for the purpose of performing the child welfare and protection function of religious, sporting, recreational, cultural, educational and other bodies and organisations offering services to children;

3. child care staff members employed in a pre-school service within the meaning of Part VIIA of the Child Care Act 1991;

4. person responsible for the care or management of a youth work service within the meaning of section 2 of the Youth Work Act 2001.

5. Youth worker who—

   1. holds a professional qualification that is recognised by the National Qualifications Authority in youth work within the meaning of section 3 of the Youth Work Act 2001 or a related discipline, and

   2. is employed in a youth work service within the meaning of section 2 of the Youth Work Act 2001.

6. Foster carer registered with the Agency.

7. A person carrying on a pre-school service within the meaning of Part VIIA of the Child Care Act 1991.

Appendix 6

The Role of Tusla and An Garda Síochána

5.1 The Role of Tusla

The specific role of Tusla is to promote the welfare of children who are at risk of not receiving adequate care and protection. Under the Child Care Act 1991, Tusla is obliged to coordinate information from all relevant sources about a child who may not be receiving adequate care and protection. If it is found that a child is not receiving adequate care and protection, Tusla has a duty to take appropriate action to promote the welfare of the child. This may include supporting families in need of assistance in providing care and protection to their children.

Tusla has the statutory responsibility to assess all reports of child welfare and protection concerns. Assessments are carried out by Tusla social workers. If concerns are found after the initial checks, further evaluation involving a detailed examination of the child and family’s circumstances will follow. If concerns about a child’s welfare are found, but do not involve a child protection issue, then the family may be referred to community or family support services. If no concerns are found, then the information gathered is recorded and kept on a confidential file where it will be examined if further concerns or more information comes to light.

Tusla operates through duty teams of social workers that receive child protection reports, assess and prioritise referrals and provide protective interventions to children and their families. Each team deals with the concerns that arise in its specific geographical area by reference to the home address of the child. You can find contact details for each team on the Tusla website (www.tusla.ie).

If it is decided that a social work assessment is needed, the social worker will contact the family to ask for their cooperation in carrying out an examination of the child’s and family’s needs. The aim is to work in cooperation with parents or guardians to determine the appropriate supports or interventions to ensure the safety and welfare of the child. Further information on this process is contained in Chapter 5 of Children First 2017 available at this link.   

Tusla will normally acknowledge reports made to it, and may contact the person who made the report for further information, if necessary. However, to protect the privacy of the child and family, it may not be possible for Tusla to inform those that report of the progress or outcome of Tusla’s contact with the child or family, unless that person is involved in discussions around family support or child protection plans.

2.  The Role of An Garda Síochána

The role of An Garda Síochána is to investigate alleged crimes and it is the responsibility of the Director of Public Prosecutions (DPP) to decide on and carry out prosecutions.

The National Vetting Bureau of An Garda Síochána issues vetting disclosures to organisations employing people who work on a full-time, part-time, voluntary or student placement basis with children and/or vulnerable adults. The National Vetting Bureau does not decide on the suitability of any person to work with children and vulnerable adults. Rather, in response to a written request for vetting, the National Vetting Bureau releases criminal history and other specified information on the person to be vetted to the prospective recruiting organisation. Decisions on suitability for recruitment rest at all times with the recruiting organisation, and the results of vetting should form only one part of the recruitment decision. 

3. Joint working between Tusla and An Garda Síochána

Joint working between Tusla and An Garda Síochána forms an integral part of the child protection and welfare service. If Tusla suspects that a crime has been committed and a child has been wilfully neglected or physically or sexually abused, it will formally notify the Gardaí without delay. The specific focus of An Garda Síochána concerning child abuse and neglect is on preserving life; vindicating the human rights of each individual; and preventing, investigating and detecting criminal offences. On the basis of the investigation, An Garda Síochána may prepare a file for the Director of Public Prosecutions, who will decide whether to initiate a prosecution.

Where a child is at immediate risk of harm, Tusla and An Garda Síochána will work together to ensure the safety of the child. If a member of the Gardaí has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child, and it would not be sufficient for the protection of that child to await the making of an application for an emergency care order by Tusla, they may, under section 12 of the Child Care Act 1991, remove the child from danger and bring them to a place of safety. The child is then delivered to the care of Tusla as soon as possible. An emergency out-of-hours social work service provides social work consultation and advice to the Gardaí. The Gardaí have access to an on-call social worker and placements for children who need them due to the immediate risk to their safety. Tusla has a network of emergency foster carers available to receive a child removed from their family in an emergency.

If, in the course of their duties, the Gardaí become aware of a child welfare and protection concern, it should be formally reported to Tusla. As members of An Garda Síochána are mandated persons under the Children First Act 2015, if the concern is at or above the threshold of a mandated concern, this should be reported to Tusla, as outlined in Chapter 3 of this Guidance.

A protocol (Tusla and An Garda Síochána Children First – Joint Working Protocol for Liaison between both Agencies) is in place between the two agencies that details how they cooperate and interact in dealing with child welfare and protection concerns. This protocol specifically covers the formal communication required between the two agencies about notifications of child welfare or protection concerns, and record keeping about joint working and recording of decisions. You can find this protocol on the websites of both agencies (www.tusla.ie and www.garda.ie).

Appendix 7: Relevant Legislation

CHILD CARE ACT 1991

This is the key piece of legislation which regulates child care policy in Ireland. Under this Act, Tulsa has a statutory responsibility to promote the welfare of children who are not receiving adequate care and protection. If it is found that a child is not receiving adequate care and protection, Tusla has a duty to take appropriate action to promote the welfare of the child. This may include supporting families in need of assistance in providing care and protection to their children. The Child Care Act also sets out the statutory framework for taking children into care, if necessary. 

PROTECTIONS FOR PERSONS REPORTING CHILD ABUSE ACT 1998

This Act protects you if you make a report of suspected child abuse to designated officers of Tusla, the Health Service Executive (HSE) or to members of the Gardaí as long as the report is made in good faith and is not malicious. Designated officers also include persons authorised by the Chief Executive Officer of Tusla to receive and acknowledge reports of mandated concerns about a child from mandated persons under the Children First Act 2015. 

This legal protection means that even if a person reports a case of suspected child abuse and it proves unfounded, a plaintiff who took an action would have to prove that you had not acted reasonably and in good faith in making the report. 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 Act created an offence of false reporting of child abuse where a person makes a report of child abuse to a designated officer of Tusla or of the Health Service Executive (HSE) or to a member of An Garda Síochána “knowing that statement to be false”.  This is a criminal offence designed to protect innocent persons from malicious reports.

A full list of persons in Tusla and the HSE, who are designated officers under the 1998 Act, can be found on the website of each agency (www.tusla.ie and www.hse.ie).

CRIMINAL JUSTICE ACT 2006 - Reckless Endangerment

Section 176 of this Act created an offence of reckless endangerment of children. This offence may be committed by a person who has authority or control over a child or abuser who intentionally or recklessly endangers a child by:

1. Causing or permitting the child to be placed or left in a situation that creates a substantial risk to the child of being a victim of serious harm or sexual abuse; or

2. Failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation. 

CRIMINAL JUSTICE (WITHHOLDING OF INFORMATION ON OFFENCES AGAINST CHILDREN AND VULNERABLE PERSONS) ACT 2012 

Under this Act, it is a criminal offence to withhold information about a serious offence, including a sexual offence, against a person under 18 years or a vulnerable person. The offence arises where a person knows or believes that a specified offence has been committed against a child or vulnerable person and he or she has information which would help arrest, prosecute or convict another person for that offence, but fails without reasonable excuse to disclose that information, as soon as it is practicable to do so, to a member of An Garda Síochána.

The provisions of the Withholding legislation are in addition to any reporting requirements under the Children First Act 2015. Accordingly it is very important to note that the fact that a member of DCU has dealt with a child protection or welfare concern in accordance with these procedures and/or reported it under the Children First Act, 2015 does not absolve that person of his or her statutory obligation to disclose information to An Garda Síochána under the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 where that person has information that falls within the scope of that Act or

• the fact that a member of DCU has disclosed information to An Garda Síochána does not absolve that person of his or her obligations to report concerns to Tusla in accordance with the requirements of these procedures and/or in accordance with requirements of the Children First Act, 2015.   

NATIONAL VETTING BUREAU (CHILDREN AND VULNERABLE PERSONS) ACTS 2012–2016

Under these Acts, it is compulsory for employers to obtain vetting disclosures in relation to anyone who is carrying out relevant work with children or vulnerable adults. The Acts create offences and penalties for persons who fail to comply with their provisions. Statutory obligations on employers in relation to Garda vetting requirements for persons working with children and vulnerable adults are set out in the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012–2016.

CHILDREN FIRST ACT 2015

This Act places a number of statutory obligations on specific groups of professionals and on particular organisations providing services to children.  The schedule of relevant services under the Children First Act 2015 is contained in Appendix 6 of these procedures.  A full schedule of mandated persons under the Children First Act 2015 is contained in Appendix 6 of these procedures.

Through the provisions of the Act, it is intended to:

• Raise awareness of child abuse and neglect 

• Provide for mandatory reporting by key professionals

• Improve child safeguarding arrangements in organisations providing services to children

• Provide for cooperation and information-sharing between agencies when Tusla – Child and Family Agency, is undertaking child protection assessments 

The Children First Act 2015 will help to ensure that child protection concerns are brought to the attention of Tusla without delay.

CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017

This Act addresses the sexual exploitation of children and targets those who engage in this criminal activity. It creates offences relating to the obtaining or providing of children for the purposes of sexual exploitation. It also creates offences of the types of activity which may occur during the early stages of the predatory process prior to the actual exploitation of a child, for example, using modern technology to prey on children and making arrangements to meet with a child where the intention is to sexually exploit the child. The Act also recognises the existence of underage, consensual peer relationships where any sexual activity falls within strictly defined age limits and the relationship is not intimidatory or exploitative.

FREEDOM OF INFORMATION ACTS 1997, 2003 & 2014

Any reports which are made to Tusla may be subject to the provisions of the Freedom of Information Acts, which enable members of the public to obtain access to personal information relating to them which is in the possession of public bodies. However, the Freedom of Information Acts also provide that public bodies may refuse access to information obtained by them in confidence.

The exemptions and exclusions which are relevant to child protection include the following:             

1. protecting records covered by legal professional privilege;

2. protecting records which would facilitate the commission of a crime; 

3. protecting records which would reveal a confidential source of information.

DCU management bodies should note that records forwarded to a public body by all members of the DCU community and held by that body may be subject to the provisions of the Freedom of Information Acts.

DATA PROTECTION LEGISLATION

The Irish Data Protection Acts (1988 to 2018), along with the 2016 General Data Protection Regulation (GDPR), are designed to protect the rights of individuals with regard to personal data. The law defines personal data as “data relating to a living individual who is or can be identified from the data or from the data in conjunction with other information that is in, or is likely to come into, possession of the data controller”. 

The law gives a right to every individual, irrespective of nationality or residence, to establish the existence of personal data, to have access to any such data relating to him or her and to have inaccurate data rectified or erased. It requires data controllers to make sure that the data they keep are collected fairly, are accurate and up-to-date, are kept for lawful purposes, and are not used or disclosed in any manner incompatible with those purposes. It also requires both data controllers and data processors to protect the data they keep, and imposes on them a special duty of care in relation to the individuals about whom they keep such data.

Appendix 8: Internal Reporting Form

[1] The statutory obligation of mandated persons to report under the Children First Act 2015 must be discharged by the mandated person and cannot be discharged by the designated liaison person on their behalf. Therefore all DCU mandated persons are expected to make a joint report with the DLP.

[2] The parent/carer of the child will not be informed if a) by doing so the child will be placed at further risk or b) in cases where the family’s knowledge of the report could impair Tusla’s ability to carry out an assessment or c) if the person making the report reasonably believes it may place them at risk of harm from the family.

^[3] A designated healthcare professional is defined as a registered medical practitioner, nurse, midwife, psychologist or social worker.

^[4] A “prescribed person” is a person working within a prescribed organisation that provides “services” to children and/or vulnerable persons who have suffered injury, harm or damage as a result of physical or sexual abuse. To become a prescribed organisation, an application must be made to the Minister for Justice and Equality. Such an application must be accompanied by a copy of the organisation’s code of practice for employees providing such services and protocols to take account of the provisions of the Act.

^[5] The provision of “support services” includes the resolution, through guidance, counselling or

otherwise of personal, social or psychological problems and the care of persons in need of protection, guidance or support. They must be provided by a person who is required to exercise skill and judgment in relation to them.