Newport, Co. Mayo

Phone 098-41442

E-Mail newportmayo.ias@eircom.net

CHILD PROTECTION POLICY

Holy Family N.S. aims to provide its pupils with the highest standards of care and protection, in order to promote each child’s well-being and safeguard him/ her from harm.
Aim of this Policy: This document has been drawn up to give direction and guidance to our school management authority and personnel in dealing with allegations and suspicions of child abuse. It has been developed as a response to recent changes in legislation. It develops previous policy in this area, and takes account of the following pieces of legislation;
(i) The Education Act 1998,
(ii) The Child Welfare Act 2000.

References

In all instances of suspicion or allegations of abuse or neglect, the following two resource books will be referenced:
‘Children First’ –Department of Health & Children (1999)
‘Child Protection –Guidelines and Procedures’—Department of Education and Science (2001).
Responsibilities of School Management:
To plan, develop, and implement an effective Child Protection Programme;
To monitor the effectiveness of the programme;
To implement agreed reporting procedures;
To plan and implement appropriate staff development and training programmes.
The Board of Management is responsible for:

School Personnel: Responsibilities

Teachers in this school are aware that there is an obligation on schools to aim to provide pupils with the highest possible standard of care in order to promote their well-being and protect them from harm. All school personnel are especially well-placed to observe changes in behaviour, failure to develop, or outward signs of abuse in children. In situations where school personnel suspect abuse, they should ensure that such concerns are reported in accordance with the procedures outlined in Chapter 3 of ‘Child Protection—Guidelines and Procedures’ (DES 2001).

Definition and Recognition of Child Abuse.

Child abuse can be categorised into four different types:

A child may be subjected to more than one form of abuse at any given time. Definitions for each type of abuse are detailed in ‘Children First’ (DES)—Chapter 3-- Sections 3.2-3.5, pp. 31-33.

Guidelines for Recognition of Child Abuse
A list of child abuse indicators is contained in Appendix 1 ‘Children First’—pp.125-131. It is important to stress that no one indicator should be seen as conclusive in itself of abuse; it may indicate conditions other than child abuse. All signs and symptoms must be examined in the total context of the child’s situation and family circumstances.
There are commonly three stages in the identification of child abuse. These are:-

Each of these stages is developed in ‘Children First’ pp.34-35, Section 3.9.

Handling Disclosures from Children  

‘Child Protection’—p.9, Section 2.4 gives comprehensive details of how disclosures should be approached.
Personal Responsibilities of School Staff:
If a child makes a disclosure of any form of abuse, the person should –
remain calm,
not ever-react,
take all disclosures seriously,
listen carefully and supportively,
not ask leading questions or make suggestions,
offer reassurance but not make any promises,
not stop the child recalling significant events,
explain that further help may have to be sought,
record the discussion accurately and retain the record of dates, times, names, locations, context, and factual details of conversation.

This information should then be passed on to the Designated Liaison Person and a record will be retained in the school. If the reporting person or member of the school staff and the DLP is satisfied that there are reasonable grounds for the suspicion/ allegation, the procedures for reporting as laid out in ‘Children First’—Section 4.4 p. 38 (Appendix 10) will be adhered to.
When information is offered in confidence, the member of staff will need tact and sensitivity in responding to the disclosure. The member of staff will need to reassure the child, and retain his/her trust, while explaining the need for action and the possible consequences, which will necessarily involve other adults being informed. It is important to tell the child that everything possible will be done to protect and support him/her, but also not to make promises that cannot be kept, e.g. promising not to tell anyone else. The welfare of the child is regarded as the first and paramount consideration. In so far as is practicable, due consideration will be given, having regard to age and understanding, to the wishes of the child.

School Procedures

The following advice is offered to school personnel to whom a child makes a disclosure of abuse:

This information should then be passed on to the school Designated Liaison Person (DLP).

Reporting Procedures

If a school employee receives an allegation or has a suspicion that a pupil is being abused, the employee should, in the first instance, report the matter to the D L P. The need for confidentiality should always be borne in mind. If the school employee and the D L P are satisfied that there are reasonable grounds for the suspicion or allegation, the DLP must report the matter to the local Health Service Executive (HSE)(Western) immediately, as per procedures for reporting as laid out in ‘Children First’—Section 4. 4, p. 38. 
The D L P (or nominated replacement) will immediately inform the Chairperson of the Board of Management of our school when a report involving a pupil in the school has been submitted to the Health Service Executive, under the Child Protection Guidelines and Procedures.
Standardised reporting forms may be photocopied from ‘Children First’ Appendix 8, p. 159.
The Chairperson of the Board of Management will be informed before the DLP makes contact with the relevant authorities, unless the situation demands that more immediate action be taken for the safety of the child—in which case the Chairman may be informed after the report has been submitted. Details of what should be included in the report are outlined in ‘Children First’—Section 4.5.1, p.39.
Any professional who suspects child abuse should inform parents/carers if a report is to be submitted to the HSE or the Gardaí Síochána, unless doing so is likely to endanger the child.

In cases of emergency, where a child appears to be at immediate and serious risk, and a duty social worker is unavailable, the Gardaí should be contacted. Under no circumstances should a child be left in a dangerous situation pending HSE intervention.

Our School Arrangements: DLP

The Board of Management of this school has designated the Principal, Padraic Mac Eoin, to have specific responsibility for child protection in the school. He is, accordingly, the Designated Liaison Person (D L P ) for the school with responsibility for ensuring that the standard reporting procedure is followed, so that suspected cases of child abuse are referred promptly to the HSE or the Gardaí Síochána. He is, thereby, the school D L P in all dealings with the HSE, the Gardaí Síochána and other parties, in connection with allegations of abuse. In such circumstances, these other parties will be advised that they should conduct all matters pertaining to the processing or investigation of alleged child abuse through the Designated Liaison Person (D L P). Where the D L P is unavailable for whatever reason, Mrs. Maureen Smith has been nominated to assume his responsibilities. Further information on the responsibilities of the D L P is included in ‘Child Protection’ (2001)-p. 8-section 2.2. Action to be taken by the D L P in cases where there are reasonable grounds for suspicion or where an allegation has been made are in ‘Child Protection’ (2001)—Chapter 3—Section 3.2—P.11-12.

Confidentiality

All information regarding concerns of possible child abuse will be shared on a need-to-know basis in the interests of the child. The criterion is whether or not the person has any legitimate involvement or role in dealing with the issue. Giving information to those who need to have information for the protection of a child who may have been abused is not a breach of confidentiality.
The D L P who is submitting a report to the HSE or the Gardaí Síochána will inform a parent/guardian, unless doing so is likely to endanger the child or place that child at further risk. A decision not to inform a parent/guardian will be briefly recorded, together with the reason(s) for not doing so.
In emergency situations, where the HSE cannot be contacted, and the child appears to be at immediate and serious risk, the Gardaí Síochána will be contacted immediately. A pupil will not be left in a dangerous situation pending HSE intervention.  

Protection for Persons Reporting Child Abuse

School personnel are aware of the main provisions of ‘Protection for Persons Reporting Child Abuse Act, 1998’.
The 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 HSE or any member of the Gardaí Síochána. This means that even if a reported suspicion of child abuse proves unfounded, a plaintiff who took an action would have to prove that the reporter had not acted reasonably and in good faith making the report. The Act provides significant protection for employees who report child abuse. These protections cover all employees and all forms of discrimination up to and including dismissal (see Child Protection, DES, p.6).

Allegations or Suspicions re. School Employees

The most important consideration for the Chairperson, Board of Management, or the DLP is the safety and protection of the pupil. However, employees also have a right to protection against claims, which are false or malicious.
As employers, the Board of Management should always seek legal advice, as the circumstances can vary from one case to another.
There are two procedures to be followed (Section 4.1.3, p. 15 ‘Child Protection’):

The DLP has responsibility for reporting the matter to the HSE. The Chairperson of the Board of Management has responsibility, acting in consultation with his/her board, for addressing the employment issues.
If the allegation is against the DLP, the Deputy DLP will assume the responsibility for reporting the matter to the HSE.

Reporting
When an allegation of abuse is made against a school employee, the DLP should immediately act in accordance with the procedures outlined in Chapter 3, Section 3.2, p.11—‘Child Protection’. A written statement of the allegation should be sought from the person/agency making the report. The DLP should always inform the Chairperson of the Board of Management.
School employees, other than the DLP, who receive allegations against another school employee, should immediately report the matter to the DLP. School employees who form suspicions regarding conduct of another school employee should consult with the DLP. The procedures outlined in Section 4.2.3, p. 16  ‘Children Protection’ will then be followed:
The employee, the Chairperson and DLP should make the employee aware privately

The employee should be given a copy of the written allegation and any other relevant documentation. The employee should be requested to respond to the allegation in writing to the Board of Management within a specified period, and told that this may be passed on to the Gardaí, HSE, and legal advisors. 
The priority in all cases is that no child be exposed to unnecessary risk. Therefore, as a matter of urgency, the Chairman should take any necessary protective measures. These measures should be proportionate to the level of risk, and should not unreasonably penalise the employee in any way, unless to protect the child.
If the nature of the allegations warrant immediate action in the Chairperson’s opinion, the Board of Management should be convened to consider the matter. The Board will consider feedback if any has been received from the HSE, Gardai or relevant source. This may result in the Board of Management directing that the employee absent him/herself from the school forthwith while the matter is being investigated (administrative leave). When the Board of Management is unsure as to whether this should occur, advice should be sought from the Gardaí and/or the Child Care Manager of the HSE and the legal advisors to the Board of Management, and regard be given to this advice.

Administrative Leave

Should the Board of Management direct that the employee absent him/herself as above, such absence of the employee would be regarded as administrative leave of absence with pay and not suspension, and would not imply any degree of guilt. The DES should be immediately informed (see Child Protection Guidelines p.17).

Board of Management

The Chairperson should inform the Board of Management of all the details, and remind the members of their serious responsibility to maintain strict confidentiality on all matters relating to the issue and the principles of due process and natural justice.
A copy of ‘Children First’, the Department of Health and Children’s national guidelines for the protection and welfare of children, and ‘Child Protection Guidelines for Primary Schools’ which issued from the DES can be found in the Principal’s office.
See also Circular 46/ 07.

Freedom of Information Act 1997

Reports made to HSE may be subject to subject to provisions of the Freedom of Information Act 1997, which enables members of the public to obtain access to personal information relating to them which is in the possession of public bodies. However, the act also provides that public bodies (e.g. schools) may refuse access to information obtained by them in confidence.