Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Health

A Regulatory Framework for Adult Safeguarding: Law Reform Commission

Ms Leanne Caulfield:

In terms of the reporting models, the commission is examining a variety of models. One is a mandatory reporting model, whereby people would be compelled in certain instances to report concerns of actual or suspected abuse. That could relate to specific harm or serious harm and could apply to certain professionals, for example, medical professionals, social work professionals, etc. It would be similar to the system of mandatory reporting in place for children under the Children First Act 2015, which was commenced in December 2017.

We are also examining retaining the current system of permissive reporting, which relies on professional judgment. That allows a professional to decide whether, in his or her professional opinion, it is necessary to make a report. One option could be to put that system of permissive reporting on a statutory footing. That would mean it would be provided for in legislation. As we know, we could also introduce a form of protected disclosure, which would mean that if we retained a permissive system of reporting there would be protections for those who make reports in good faith. The rationale for that would be that it may encourage greater levels of reporting because there may not be a fear of repercussions if a person made a report.

We are also considering a hybrid system, in which we would largely retain a permissive system of reporting, but for abuse that may happen in certain settings such as, for example, residential settings, or very serious types of abuse, it would be mandatory to report in those circumstances. We are looking very carefully at all of the various models and evidence from other jurisdictions. We also wish to speak with our colleagues in the Department of Children, Disability, Equality, Integration and Youth regarding the effectiveness of the system of mandatory reporting as it has applied to children since it was implemented in December 2017 to hear what was learned, as well as hearing the opinion of the Department and Child and Family Agency on how the system has worked in the three-year period in which it has been in place. It is important to take what was learned from the system of mandatory reporting as it applies to children and determine if there is anything in it which we could use if we were to implement a system of mandatory reporting for adults.

The commission has given detailed consideration to all of the various models.

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