Best Practice Meeting for
Youth Development
Jan Perrin,
Information & Advice Person, HSE
SETTING THE CONTEXT
• Child Care Act 1991.
• UN Convention on Rights of the Child – ratified 1992.
• Protection for Persons Reporting Child Abuse Act 1998.
• Children First National Guidelines for the Protection and
Welfare of Children 1999.
• National Children’s Strategy ‘Our Children – Their Lives’ 2000.
• Our Duty to Care – 2002.
PROTECTION FOR PERSONS
REPORTING CHILD ABUSE
ACT 1998
• provides protection from civil liability to anyone who
reports child abuse “reasonably and in good faith”
• creates a new offence of false reporting where a person
makes a report of child abuse to the appropriate
authorities “knowing that statement to be false”
• offers significant protection for employees who report
child abuse, including protection from discrimination and
dismissal
Reckless endangerment of
children
Section 176...creates an offence where:
• a person who has authority or control over a child or over a
person who has abused a child intentionally or recklessly
endangers the child
by
• causing or permitting the child to be placed or left in a situation
which creates a substantial risk 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.
Explanatory Memorandum - Criminal Justice Act 2006
SETTING THE CONTEXT (2)
•
•
•
•
•
Kilkenny Incest Investigation (1993)
Madonna House Inquiry (1996)
‘A Child Is Dead’, The Kelly Fitzgerald Inquiry (1996)
Murphy Swimming Inquiry (1998)
McColgan Case (1998)
• POST CHILDREN FIRST (1999)
• Ferns Inquiry (2005)
• Report of Dr Kevin McCoy on WHB Inquiry into the Brothers of Charity
Services in Galway (2007)
• Review Inquiry on any Matter Pertaining to Child Protection Issues Touching
on or Concerning Dr. A (2008)
• Monageer Inquiry (2008)
• Ryan Report (2009)
• Roscommon Child Care Case (2010)
What are the Responsibilities of the
Voluntary and Community Sector?
• Report any reasonable concerns to the Health Service Executive or
in case of emergency the Garda Siochana
• Have a Designated Person/Persons
• Develop a Child Protection Policy and Procedures in line with
Children First
• Develop a structure within the organisation that fits these policies
and procedures
• Inform staff/volunteers/parents/children of these policies and
procedures
• Have Child Protection training as part of induction modules
DEFINITIONS OF ABUSE
NEGLECT
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.
EMOTIONAL
ABUSE
when a child’s need for affection, approval, consistency and
security are not met. Emotional abuse is normally to be found
in the relationship between a care-giver and a child.
PHYSICAL
ABUSE
any form of non-accidental injury which results from a wilful or
neglectful failure to protect a child.
SEXUAL
ABUSE
when a child is used by another person for his or her
gratification or sexual arousal or for that of others.
Children First (Paragraphs 3.2.1; 3.3.1; 3.4.1; 3.5.1)
WELFARE
A problem experienced directly by a child, or by
the family of a child, that is seen to impact
negatively on the child’s welfare or
development, which warrants assessment and
support
SIGNIFICANT 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 be reasonably expected of a
child of similar age”.
Children First (Paragraph 3.2.2)
Threshold of Significant Harm
‘The threshold of significant harm in
emotional abuse is reached when abusive
interactions dominate and become typical
of the relationship between the child and
the parent/carer’.
(Children First 3.3.2)
NEGLECT: CONSIDER THE
POSSIBILITY
When the child:
• Is frequently absent from activities
• Begs or steals food or money
• Lacks medical or dental care, immunizations, or glasses
• Is consistently dirty and has sever body odour
• Doesn't wear warm enough clothes in winter
• Abuses alcohol or drugs
• Says there’s no one at home to care for them
When the parent or caregiver:
• Appears to be uninterested in the child
• Seems apathetic or depressed
• Behaves irrationally or in a bizarre manner
• Is abusing alcohol or other drugs
Adapted from ‘Child Abuse signs and
symptoms’ copyright Kidscape 2004
PHYSICAL ABUSE: CONSIDER
THE POSSIBILITY
When the child:
• Has unexplained burns, bites, bruises, broken bones or
other marks.
• Seems frightened of the parents/carer
• Shrinks at the approach of adults
• Reports injury by a parent or another adult carer giver
When the parent or adult caregiver:
• Offers conflicting, unconvincing, or no explanation for the
child’s injury
• Describes the child in some other very negative way
• Uses harsh physical discipline with the child
Adapted from ‘Child Abuse signs and
symptoms’ copyright Kidscape 2004
EMOTIONAL ABUSE:
CONSIDER THE POSSIBILITY
When the child:
• Has low self esteem
• Over-reacts to mistakes
• Shows extremes in behaviour, such as overly compliant
• Has delayed physical, mental or emotional development
• Has attempted suicide
• Reports a lack of attachment to the parent
When the parent or the other adult caregiver
• Constantly blames, belittles or berates the child
• Is unconcerned about the child and refuses to consider
offers of help
• Overtly rejects the child
Adapted from ‘Child Abuse signs and
symptoms’ copyright Kidscape 2004
SEXUAL ABUSE: CONSIDER
THE POSSIBILITY
When the child:
• Demonstrates sexual knowledge beyond their years
• Regresses to younger behaviour such as thumb sucking or bed wetting
• Has difficulty walking or sitting
• Refuses to change for, or participate in, physical activates
• Becomes pregnant or contracts a venereal disease, particularly if under age
fourteen
• Runs away, attempts suicide or self-harm
• Reports sexual abuse by a parent or another adult caregiver or older child
When the parent or the other adult caregiver
• Is unduly protective of the child
• Severely limits the child contact with other children, especially of the
opposite sex
• Is secretive and isolated
• Describes material difficulties involving family power struggles or sexual
relations
Adapted from ‘Child Abuse signs and
symptoms’ copyright Kidscape 2004
Source of a Concern
• A child may tell you
• You may notice physical injury or change
to a child’s behaviour
• Signs of neglect over a period of time
• Someone else may tell you
• Behaviour of a colleague may concern you
• Retrospective disclosure by an adult
DEALING WITH DISCLOSURE
DO
DON’T
Stay calm
Panic
Listen
Promise to keep secrets
Accept
Ask leading questions
Reassure
Record in writing
Make the child repeat the story
unnecessarily
Report
Delay
Record your report
Start to investigate
The one thing you MUST NOT DO is NOTHING
REASONABLE GROUNDS FOR
REPORTING
(i) specific indication from the child that (s)he was abused;
(ii) an account by a person who saw the child being abused;
(iii) evidence, such as an 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 corroborative
indicators supporting the concern that it may be a case of
abuse. An example of this would be a pattern of injuries, an
implausible explanation, other indications of abuse,
dysfunctional behaviour;
(v) consistent indication, over a period of time, that a child is
suffering from emotional or physical neglect.
Children First 4.3.2
Reporting Procedures
• Record the information-factually
• Check out your concerns –where appropriatechild, teacher, parent, colleague?
• Report to your DP
• If appropriate link with DP in school/youth club
etc
• If reasonable grounds for concern report to DSW
of HSE or in emergency the Gardai
• Report to HSE using Standard Reporting Form
PROCEDURES FOR REPORTING
STAFF/VOLUNTEER
REPORTS TO
DESIGNATED PERSON
REFERS TO
HEALTH SERVICE EXECUTIVE
OR
AN GARDA SIOCHANA
DESIGNATED PERSON
Person
Role
•
Senior position
•
•
Knowledge of organisation
Provide information and
advice
•
Good listening/feedback
skills
•
Receive and consider child
protection concerns
•
Informal consultation with
the Health Service
Executive
•
Make a formal referral
•
Maintain confidential
records
•
Inform parents/carers
•
Familiar with the topic of
abuse
•
Accessible
CONFIDENTIALITY
• Need to know basis
• No secrets
• Paramountcy principle
• Personal details of families
INFORMING PARENTS
• Any professional who suspects abuse should inform the
parents/guardians if a report is to be made to the Health
Service Executive unless doing so is likely to endanger
the child or place the child at further risk
• The decision not to inform parents should be recorded
and the reasons for not doing so.
Children First Chapter 4
OH 24
GARDA VETTING SERVICE
•
Garda Central Vetting Unit conducts vetting on behalf of Registered Organisations
within the voluntary, community and statutory sector
•
Available for staff and volunteers, over the age of 18, working with children and
vulnerable adults
•
The application is validated by the Authorised Signatory and forwarded to the Garda
Central Vetting Unit
•
The Garda Central Vetting Unit does not provide ‘clearance’ for persons to work with
children or vulnerable adults
•
The function of the Garda Central Vetting Unit is to disclose details regarding ‘all
prosecutions, successful or not, pending or completed, and/or convictions’ in
respect of an individual applicant to a registered organisation
•
The organisation is responsible for making the recruitment decision based on the
information received. Organisations should have a clear recruitment and selection
procedure in place to guide decision making.
Staff Member/Volunteer roles
Job/Role Descriptions
Publicity
RECRUITMENT
AND
SELECTION
Application Form
Declaration Form
Interview/Meeting
Identification
PROCESS
References: Written
Garda Vetting
CONTEXT
There is a concern that many abusers are not known to the police,
therefore if properly conducted, the selection and recruitment
process is a further essential safeguard.
Introduction and Summary 75
Bichard Report 2004
THE CHALLENGE TO ORGANISATIONS
“For those agencies whose job it is to protect children and vulnerable
people, the harsh reality is that if a sufficiently devious person is
determined to seek out opportunities to work their evil, no one can
guarantee that they will be stopped. Our task is to make it as difficult as
possible for them to succeed”
Bichard Report 2004
Safe Practice
• Clarify responsibilities with parents, schools etc
in advance.
• Avoid working alone with children.
• In situations where this is unavoidable put in
safeguards.
- Be open and non secretive
- Inform others- teachers, other staff, parents.
- Leave the door open
• Adhere to the code of behaviour- report
deviations.
USE OF
CODE OF BEHAVIOUR
TRAINING
SUPERVISION
CODE OF BEHAVIOUR
DISCIPLINARY ACTION
SUPPORT
CHILD PROTECTION POLICY,
PROCEDURES AND PRACTICE (1)
1.
2.
3.
4.
5.
6.
7.
8.
CHILD PROTECTION POLICY STATEMENT
DEFINITIONS OF ABUSE
REPORTING PROCEDURES
DESIGNATED PERSON
CONFIDENTIALITY STATEMENT
RECORD KEEPING
SAFE RECRUITMENT PROCEDURES FOR WORKERS
SAFE MANAGEMENT OF WORKERS
Supervision & Support
Training & Induction
OH 9
CHILD PROTECTION POLICY,
PROCEDURES AND PRACTICE (2)
9.
10.
11.
12.
13.
14.
15.
16.
PROCEDURE FOR ALLEGATIONS OF ABUSE AGAINST
WORKERS
CODE OF BEHAVIOUR FOR WORKERS & VOLUNTEERS
PARENTAL INVOLVEMENT / SHARING INFORMATION
INVOLVING CHILDREN/SHARING INFORMATION
COMPLAINTS PROCEDURE FOR WORKERS, PARENTS AND
CHILDREN
TRIPS AWAY
ACCIDENTS / INCIDENTS PROCEDURE
APPENDIXES
OH 10
CHILD PROTECTION IS
EVERYONE’S BUSINESS
REMEMBER !
YOU CAN MAKE A DIFFERENCE
Q&A