Child Protection – Guidelines and Procedures – Department of Education and Science

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Child Protection Guidelines and Procedures
Department of Education and Science

• In conjunction with Children First National
  Guidelines for the Protection and Welfare of
  Children

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Aim

• To assist and give direction and guidance ..to
  school personnel in protecting children and
  dealing with allegations/suspicions of child
  abuse.
• Dr. Michael Woods, T.D.,
• Minister for Education and Science, April 2001.

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A Child is

• a person under the age of eighteen years,
  excluding a person who is or has been married
• 3.1.2 page 31 Children First.

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National Childrens Strategy (2000) sets out
objectives for the next ten years

• Vision an Ireland where children are respected
  as young citizens with a valued contribution to
  make where all children are cherished and
  supported by family and the wider society where
  they enjoy a fulfilling childhood and realise
  their potential
• Page 4 The National Childrens Strategy Our
  Children Their Lives

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Vision

• the safety and wellbeing of children must be a
  priority
• 1.1.3 page 5 D.E.S. Guidelines

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Teachers

• are the main care givers to children outside the
  family context and have regular contact with
  children in the school setting.
• 6.8.1 page 50 Children First
• the sheer normality, routine and safety of
  school may be powerfully therapeutic for a
  vulnerable child Robbie Gilligan Professor
  of Social Studies T.C.D.

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The Child Care Act, 1991

• Replaces Child Care Act, 1908.
• This landmark legislationis the basis for
  dealing with children in need of care and
  protection
• This Act regards the welfare of the child as the
  first and paramount consideration.

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Child Care Act, 1991

• Is the fundamental legislative provision for
  child protection and welfare
• Gives health boards statutory responsibility not
  only to protect but also to promote the welfare
  of children
• Provides for the provision of family support
  services

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• Report of the Kilkenny Incest Investigation -
  1993
• Kelly a child is dead - 1996
• West of Ireland Farmer case Report of the Review
  Panel 1998

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• Fr. Brendan Smyth case
• Dear Daughter
• States of Fear
• The Swimming Report

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Report of the Kilkenny Incest Investigation -
1993
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Report

• Minister for Health set up an investigation
  headed by Ms Catherine McGuinness S.C. with the
  following terms of reference
• Investigate why action to halt the abuse was not
  taken earlier by the Health Board.
• To make recommendations.

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Findings and Recommendations

• That the Minister for Health would prepare
  revised procedures for the identification,
  investigation and management of child abuse to
  replace the current guidelines.

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Findings and Recommendations

• A standardised notification system.
• Precise and workable definitions of physical
  abuse, emotional abuse, sexual abuse and neglect
• A systematic training programme for all personnel
  who may come in contact with child abuse

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Findings and Recommendations

• To carry out their role effectively, teachers and
  school principals need to be able to recognise
  child abuse and know how and to whom to report
  when they are concerned.

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Findings and recommendations

• We recognise that teachers cannot be expected to
  diagnose and treat cases of child abuse.
• Role of teacher in the identification of child
  abuse is significant and must be recognised in
  the development of any comprehensive programme.

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• Kelly a child is dead (1996)

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Report

• Team of inquiry was set up by the Western Health
  Board, 2nd May 1995.
• Reported 11th November 1995.
• Made forty four recommendations.

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Findings and Recommendations

• Report was an indictment of the Health Board and
  its maladministration in dealing with the
  Fitzgerald family
• There was lack of leadership and direction
• An overemphasis on sexual abuse compared to other
  abuses/ambivalence to neglect
• 1987 guidelines failed every test to protect the
  children
• Need to legislate for statutory, legal indemnity
• Mandatory reporting

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• West of Ireland Farmer case Report of the Review
  Panel (1998)

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Findings and Recommendations

• Abuse was allowed to continue because of
  managerial failures and a lack of integrated
  approach between different bodies within the
  Health Board.
• Child Centred approach in the context of the
  family unit was recommended.
• Mandatory Reporting.

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The Report praised the following

• Field Social Worker
• School Vice Principal
• A General Practitioner

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Please note

• Child abuse occurs in any type of family
• Child abuse occurs outside families
• Abuse is perpetrated by adults in trusted
• positions e.g. clergy, swimming and other
  sports coaches etc.
• Research on Child Protection has shown that
  emotional abuse and neglect are the most
  frequently reported forms of child abuse and yet
  are screened out most easily.

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Key Legislative Provisions
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Domestic Violence Act, 1996

• Gives health boards power to intervene to protect
  individuals and their children from violence

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Remember.

• Living with and witnessing domestic violence can
  be a form of emotional abuse
• There is an established relationship between
  domestic violence and child abuse
• Domestic violence can be an indicator of child
  abuse
• Continuing abuse can impact negatively on a
  mothers ability to parent and on her
  relationship with her children

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Freedom of Information Act, 1997

• Enables members of the public to obtain access to
  personal information relating to them
• Any reports made by schools to health boards may
  be subject to the provisions of this Act

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Protection for Persons Reporting Child Abuse
Act, 1998

• Vital part of child protection legislation
• Provides immunity from civil liability to any
  person who reports child abuse reasonably and in
  good faith
• 1.3.1 - Page 6 - D.E.S Guidelines.

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The Education Act, 1998

• Teachers have a general duty of care towards
  children
• Schools are obliged to give practical effect to
  the constitutional rights of children as they
  relate to education

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Education (Welfare) Act, 2000

• Provides a comprehensive new framework for
  promoting regular school attendance and tackling
  the problems of absenteeism
• Is part of policy to reduce disadvantage

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Remember..

• Persistent failure to attend school constitutes
  neglect
• Absenteeism can be an indication of dysfunction
  in the family
• The absent child is deprived of the
  protective/supportive aspects of school

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U.N. Convention on the Rights of the Child

• A charter of human rights for all children
• Ratified in Ireland in 1992
• Legislation since then relating to the welfare of
  children must take into account principles of
  Convention
• Articles 19, 34 and 35 refer particularly to
  child protection.

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Exercise.
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How to recognise possible signs of abuse

• 2.3.1 DES Guidelines page 8
• Indicators of possible abuse are outlined in
  Chapter 3 and Appendix 1 of the Children First
  Guidelines.

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Definition and recognition of Child Abuse

• 3.1.1 page 31 Children First

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NEGLECT

• Neglect can be defined in terms of an omission,
  where the child suffers significant harm or
  impairment of development by being deprived of
  food, clothing, warmth, hygiene, intellectual
  stimulation, supervision and safety, attachment
  to and affection from adults, medical care
• 3.2.1 Children First page 31

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Harm

• Harm can be defined as the ill treatment or the
  impairment of the health or development of a
  child. Whether it is significant is determined by
  his/her health and development as compared to
  that which could reasonably be expected of a
  child of similar age.
• 3.2.2 Children First page 31

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Neglect generally becomes apparent in different
ways over a period of time rather than at one
specific point.
Events
Threshold of significant harm
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Threshold of significant harm

• .is reached when the childs needs are neglected
  to the extent that his or her well-being and/or
  development are severely affected.
• 3.2.3 Children First page 31

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Developmental diagram
Expected Child development
Threshold of significant harm
Neglect over a period of time
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Developmental diagram
Expected Child development
Event triggering flux
Threshold of significant harm
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NEGLECT -

• Circumstantial neglect is usually a passive form
  of abuse involving omission of care
• Wilful neglect constitutes a deliberate
  deprivation by a parent/carer of a childs basic
  needs

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EMOTIONAL ABUSE

• Emotional abuse is normally to be found in the
  relationship between a care-giver and a child
  rather than in a specific event or pattern of
  events. It occurs when a childs needs for
  affection, approval, consistency and security are
  not met.
• 3.3.1 Children First page 31

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PHYSICAL ABUSE - is any form of non-accidental
injury or injury which results from wilful or
neglectful failure to protect a child.

• Shaking
• Use of excessive force in handling
• Deliberate poisoning
• Suffocation
• Induced Illness - Munchausens Syndrome by Proxy
  see bottom page 32 and Appendix 2 of Children
  First.
• Allowing or creating a substantial risk of
  significant harm to a child
• 3.4.1 Children First page 32

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SEXUAL ABUSE

• Sexual abuse occurs when a child is used by
  another person for his/her gratification or
  sexual arousal or for that of others.
• 3.5.1. Children First page 33.

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Peer Abuse

• Children abused by their peers
• Abuse reactive behaviour 11.3.3
• Sexually obsessive behaviour 11.3.4
• Abusive behaviour elements of domination,
  coercion, bribery and secrecy inappropriate age
  gap. 11.3.5
• Both parties may be victims.
• Chapter 11 pages (105 108) Children First

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Dimensions of Childhood Development

• Physical and Mental well-being
• Emotional and Behavioural well-being
• Intellectual capacity
• Spiritual and Moral well-being
• Identity
• Self-care
• Family relationships
• Social and peer relationships
• Social presentation

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Points to remember

• 3.10.1 The severity of a sign does not
  necessarily equate with the severity of the
  abuse.
• 3.10.2 - Neglect is as potentially fatal as
  physical abuse.
• 3.10.3 Child abuse is not restricted to any
  socio-economic group, gender or culture.
• 3.10.4 Challenging behaviour by a child or
  young person should not render them liable to
  abuse.
• pages 35/36 Children First

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• 3.10.5 It is sometimes difficult to distinguish
  between indicators of child abuse and other
  adversities suffered by children and families.
• 3.10.6 The aim of child protection services is
  to promote positive and enduring change in the
  lives of children and families.
• 3.10.7 Society has a duty of care towards
  children.
• pages 35/36 Children First

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Ways of knowing.

• i) Specific information from the child that
  he/she was abused
• ii) An account by a person who saw the child
  being abused
• iii) Evidence, such as injury or behaviour, which
  is consistent with abuse and unlikely to be
  caused another way
• iv) An injury or behaviour which is consistent
  both with abuse and with an innocent explanation
  but where there are other indicators that it is a
  case of abuse - e.g. a pattern of injuries, an
  implausible explanation, other indications of
  abuse, dysfunctional behaviour and
• v) Consistent evidence, over a period of time,
  that a child is suffering from emotional or
  physical neglect.
• page 9 - DES Guidelines

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Key Players

• School Employee

DLP
Parent/ Guardian
Chairperson
Health Board
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D.L.P

• Senior staff member .Specific responsibility for
  child protection (2 .2. 1.)
• If unavailable arrangements in place for
  another nominated member of staff to assume
  responsibilties (2. 2. 2.)
• Page 8 D.E.S. Guidelines

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Key issues

• confidentiality (1.2)
• handling disclosures (2.4.3)
• recording (2.5)
• role of DLP
• D.E.S. Guidelines

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Confidentiality

• give information on need to know basis (1.2.1)
• inform parents unless this endangers the child
  (1.2.3)
• do not investigate (1.2.4)
• in emergency contact An Garda Síochána (1.2.5)
• Pages 5/6 D.E.S. Guidelines

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Ways of knowing.

• Specific information
• An account by a witness
• Evidence consistent with abuse
• Page 9 D.E.S Guidelines

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Handling a disclosure from a child (2.4.3)

• Listen
• Do not ask leading questions
• Offer reassuranceno promises
• Allow child to talk time
• Do not over react
• Explain regarding further action
• Record, record, record
• Page 9 D.E.S. Guidelines

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Role of the DLP (3.2)

• liaise with Health Board (social worker and
  others) for advice, record same and always act on
  advice (3.2.2)
• report to Chairperson
• inform parents unless this endangers the child
• report to Health Board
• in emergency report to An Garda Síochána
• Page 11 D.E.S Guidelines / Appendix 2.

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Recording

• Employee records disclosure and keeps safely
• Discuss with DLP who keeps record of discussion
  (2.4.3)
• DLP retains all records in secure location
• (Employees observations /Childs comments
  exact quotes) (2.5.1)
• Pages 9/10 D.E.S Guidelines

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SUGGESTED RECORD

• On X date the DLP spoke with X Social worker (or
  other) from X Health Board
• DLP outlines details of the situation - no
  identifying details
• S/he was advised to
• Report/not report
• Monitor
• Other

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Not reporting 3.2.3

• retain records
• clear statement (in writing) to school employee
• employee free to consult/report to Health Board
• Page 12 D.E.S Guidelines

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Co-operation with parents

• relay concerns to parents unless likely to
  endanger child (1.2.3)
• do not make enquiries (1.2.4)
• adopt a non-judgemental approach
• explain the guidelines/parameters
• record
• Pages 5/6 D.E.S Guidelines

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Case Studies -

• List your concerns regarding this case study
• What steps would you take as a consequence?
• Page 11 D.E.S Guidelines

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Response To Health Boards call to Meeting (3.4)

• DLP consults with Chairperson of BOM
• Seeks clarification regarding role of school
  employee at meeting and who is going to be
  present
• Submits letter from Health Board to DES (3.4.2)
• Expects information about the outcomes of any
  inquiry
• (3.4.7)
• Pages 13/14 D.E.S Guidelines

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Peer Abuse

• sexualised behaviour between children should not
  be ignored
• if appropriate refer to Health Board (5. 1. 1.)
• Chapter 11 pages 105/108 - Children First

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Peer Abuse procedures (5.2)

• DLP seeks advice
• School makes arrangements to minimise recurrence
  of abusive behaviour
• Principal and class teacher meet each childs
  parents separately
• Page 19 D.E.S Guidelines

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Bullying behaviour (5.3.1)

• Is repeated aggression, be it verbal,
  psychological or physical.
• By adultswould be regarded as physical or
  emotional abuse
• Page 20 D.E.S Guidelines

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Bullying procedures

• School management are responsible
• Policy must be in place
• If serious and/or abusive, consult with Health
  Board
• Page 20 D.E.S Guidelines

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Allegation against School Employee (Chap.4)

• DLP receives allegation
• Seek details of allegation in writing (either
  immediately or subsequently - depends on
  circumstances)
• Inform Chairperson of the Board of Management
• Inform employee privately advise that legal
  advice has/is being sought
• Page 15 D.E.S Guidelines

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Allegations against School Employee - procedures

• DLP/Chairperson of the Board of Management seeks
  legal advice (4.1.2)
• DLP/Chairpersons response and course of action
  is guided by legal advice having regard to the
  particular circumstances applicable
• Page 15 D.E.S Guidelines

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Key Issues to be considered / discussed with
Legal Advisor

• Allegation may be unfounded/well founded
• Circumstances may vary but principles remain the
  same
• Confidentiality is essential
• Raises employee/employer issues and therefore
  Chairperson has a central role (Employer/Board of
  Management may also become involved)

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Key Issues to be considered / discussed with
Legal Advisor

• Duty to consider whether there is any risk to
  pupils safety employee may be required to take
  administrative leave
• Duty to afford employee fairness and due process
  he/she is entitled to details and copy of
  allegation, to advice and representation and an
  opportunity to respond
• Health Board (in some cases Gardaí) should be
  notified in accordance with legal advice received

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Support for DLP

• Chairperson
• Principal
• Class Teacher
• Health Board
• Legal Advisor
• Legislation

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• Child protection is an issue that concerns
  each and every citizen of this State. Children
  are entitled to expect and receive every possible
  protectionto ensure that their childhood years
  are rewarding and enriching experiences
• Dr. Michael Woods, T.D.
• Minister for Education and Science, 2001

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Be Positive..

• Trust your good practice
• and judgement..
• If in doubt seek advice