Colm Brophy (Dublin South West, Fine Gael)

The Minister thanks Senator Kennelly for raising this important issue and for offering her the opportunity to respond.

The Children First Act 2015 prescribes a range of professionals as mandated reporters who must report to Tusla child protection concerns at or above a defined threshold. This provision is supported by a range of other measures for the protection of children. Under the Children First framework, the Department of education is responsible for developing and implementing child protection procedures for schools. It is important to note that the Department of education's child protection procedures for schools, which were updated earlier this year, apply to all members of school personnel. These procedures state that if any member of school personnel, including registered teachers and special needs assistants, receives an allegation or has a suspicion that a child may have been, is being or is at risk of being abused or neglected, they should report the matter without delay to the designated liaison person, DLP, in the school. The DLP is responsible for ensuring that the reporting procedures outlined in the child protection procedures for schools are followed and is the resource person for any member of school personnel with a child protection concern.

Registered teachers, as mandated persons, are required to follow additional procedures, which are also outlined in the child protection procedures for schools document. Mandated persons, such as teachers, may make a report jointly with any other person, whether that person is a mandated person or not. For example, this could arise in situations in a school where the teacher, the SNA and the principal all have concerns about the same child and wish to make a joint report to Tusla.

Notwithstanding this, we can never assume that child responsibility is the sole responsibility of a mandated person or experts. Child protection is a multi-agency, multidisciplinary activity and Children First places strong obligations on all sectors as well as members of the public to safeguard children and report concerns to Tusla. It is important to remember that any person who has a reasonable concern about a child or young person can and should report that concern directly to the Tusla social work department in the area where the child lives.