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Child Protection Procedures for Primary & Post Primary schools ‘Training the Trainers’

Child Protection Procedures for Primary & Post Primary schools ‘Training the Trainers’ 17 November 2015. BOM RESPONSIBILITIES. Protection for Persons Reporting Child Abuse Act, 1998 provides :.

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Child Protection Procedures for Primary & Post Primary schools ‘Training the Trainers’

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  1. Child Protection Procedures for Primary & Post Primary schools ‘Training the Trainers’ 17 November 2015

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

  3. BOM RESPONSIBILITIES What is Child Protection about? See CPPAppendix 3 • Child Neglect (wilful & circumstantial) • Emotional Abuse • Physical Abuse • Sexual Abuse The threshold of significant harm is reached when the child’s needs are neglected to the extent that his/her well being and/or development are severelyaffected.

  4. Principal Relevant Guidelines • Children First : National Guidance for the Protection and Welfare of Children (Department of Children and Youth Affairs, 2011) – when The Children First Bill (2014) is enacted and commenced, it will put elements of this guidance on a statutory footing to ensure compliance by all organisations working with children • Child Protection Procedures (CPP) for Primary and Post-Primary Schools (DES, 2011)

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

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

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

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

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

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

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

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

  13. BOM RESPONSIBILITIES Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 • Came into effect on 1 August, 2012 • Introduces a form of mandatory reporting to the Gardaí, where a person knows OR believes a person has committed a scheduled offence against children and/or vulnerable persons AND s/he has information that s/he knows or believes might be of material assistance in securing the apprehension, prosecution or conviction …. • For defences to offences under this act – see Section 4 of Act • This obligation is in addition to any obligations under the Child Protection Procedures • Allegations and/or concerns of child abuse reported to the TUSLA (Child & Family Agency) should also be reported to the Gardaí

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

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

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

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

  18. Child Protection Policy must: • ‘Incorporatethe adoption and implementation, without modification of the Child protection Procedures for Primary and Post Primary schools ‘ CPP 1.3.1. • NameDLP & DDLP CPP 1.3.1. • ‘State that the school in its policies. practices and activities will adhere to’ 5 ‘principles of best practice in child protection and welfare’ See Appendix 1 - CPP 1.3.2. • ‘List other schoolpolicies, practices and activities that are particularly relevant to child protection’ – e.g. – Code of behaviour, Anti Bullying, Pupil Attendance Strategy, Supervision of Pupils, Sporting Activities, School Outings, Work placements, One-to-One Teaching/Guidance, etc.. - CPP 1.3.3.

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

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

  21. School Authority shall put in place an action plan to address any areas for improvement identified by the reviewand arrange for these to be dealt with as quickly as possible - CPP 1.4.3. • BOM ‘shall make arrangements to inform school personnel ‘ that review has been undertaken – CPP 1.4.4. • Written notification that review has been undertaken shall be provided to Parents Association or, where none exists, directly to parents (see Appendix 2) – CPP 1.4.4. • Record of BOM review shall be made available, on request to Patron (ETB) and/or DES - CPP 1.4.4.

  22. Responsibility of all schools to contribute to the prevention of child abuse and neglect through curricular provision – CPP 1.5.1 • In this context SPHE mandatory inJunior Cycle & 2nd level schools required to haveRSE programme at Senior Cycle – BOM is responsible for ensuring this - CPP 1.5.1 • ALSO

  23. IVEA BOM Handbook (currently being revised) P.45: BOM has ‘responsibility for the general direction of the organisation and curriculum of the school’. • BOMmust ensure that allschool personnel & BOM members have necessary familiarity with DES CPP – CPP 1.8.

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

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

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

  27. Protocols should have particular regard for children with special needs and vulnerable adults – CPP 2.3.1 & 2.3.2. • Code of Ethics & Good Practice for Children’s Sport published by Irish Sports Council • http://www.irishsportscouncil.ie/Participation/Code_of_Ethics/Code_of_Ethics_Manual/ • OurDuty to Care published by Dept. of Health and Children helpful in this regard.http://www.dcya.gov.ie/documents/publications/ODTC_Full_Eng.pdf

  28. Designatea senior full time member of staff as the Designated Liaison Person (DLP) for the school - expected that theDLPwill normally be the Principal(CPP 3.2.1 & DES Circular: M62/04) • In ETB schools, the CE should designate a senior member of staff as the DLP and this designationshould be adopted by BOM. • Similar requirement for designation of Deputy DLP. • Name of DLP must be displayed in a prominent place near the main entrance to school – CPP 3.2.1.

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

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

  31. Minutesof BOM meetings shall recordthe details of such reports from the Principal – CPP 3.3. • In the interest of protecting the anonymity of the child, no details should be disclosed to BOM. • Any information or details that might identify a childshould not be recorded in the minutes of BOM meetings – CPP 4.2.5.

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

  33. Reportsto TUSLA (Child & Family Agency) may be subject to the provisions of the FOI Acts – CPP 1.12.1 • However, FOI Acts also provide that public bodies may refuse access to information obtainedby them in confidence. CPP 1.12.1 - S. 32 & S.35 of FOI Act 2014 • Relevant exemptions/exclusions include the following. • Recordscovered by legalprofessional privilege. • Recordswhich facilitatethe commission of a crime; • Recordswhich reveal a confidential source of information. CPP 1.12.2

  34. Data Protection Acts give a person right to establish the existence of personal data, to have access to any such data (within 40 days of request being made) and to have inaccuratedatarectified or erased – CPP 1.13.1 • D. P. Acts requiredata controllers to ensure that data is collected fairly, is accurate and up-to-date, is kept for lawful purposes, and is not used or disclosed in any manner incompatible with those purposes. • D. P. Acts Require data controllers to protect the data they keep and impose a special duty of care in relation to the individuals about whom they keep data - CPP 1.13.2 • Detailed Guidance for schools on Data Protection available: http://www.dataprotectionschools.ie/en/

  35. Relevant Web Addresses • Child Protection Procedures for Primary and Post-Primary Schools(Department of Education and Science, 2011) • Department of Education and Science: Circular Letter 0065/2011 • Children First: National Guidance for the Protection and Welfare of Children (Department of Children and Youth Affairs, 2011) • Child Protection and Welfare - Practice Handbook • The Child and Family Agency (TUSLA) • ANTI-BULLYING PROCEDURES FOR PRIMARY AND POST-PRIMARY SCHOOLS • School (College) Anti-Bullying Policy Template

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