Implementation of Children First
Applicable to all Disability Services
National Disability Steering Group
18.4.13
1
Objectives
To provide a brief update on:
1.
Draft Heads of Children First Bill 2012
2.
National Vetting Bureau (Children and Vulernable Persons)
Act 2012
3.
Criminal Justice (Withholding of Information on Offences
Against Children and Vulnerable Persons) Act 2012
4.
National Disability Steering Group on Implementation of
Children First
National Disability Steering Group
18.4.13
2
Summary:
Heads of Children First Bill 2012
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The Children First Heads of Bill is currently ongoing
significant review at this time
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Until this is complete, organisations providing disability
services and supports are advised to adhere to
Children First National Guidance on the Protection
and Welfare of Children 2011
National Disability Steering Group
18.4.13
3
Summary:
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
Provides Statutory basis :

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for use of Garda criminal records in vetting of persons
applying for employment working with children or
vulnerable persons
for use of ‘soft’ information (other than criminal
information) where it leads to a bona-fide belief that a
person poses a threat to children or vulnerable persons
National Disability Steering Group
18.4.13
4
Summary:
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
Mandatory:

for persons working with regular access to children and vulnerable
persons to be vetted
Criminal:

for organisations to fail to carry out necessary vetting of their
employees and volunteers
National Vetting Bureau required to maintain a database to include:
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Register of relevant organisations
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Register of specified (‘soft’) information
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Register of vetted persons
National Disability Steering Group
18.4.13
5
Summary:
Criminal Justice (Withholding of Information on Offences
against Children & Vulnerable Persons) Act 2012
In Irish Law, it is an offence to withhold information regarding
serious offences committed against a child or vulnerable
person
Serious offences: those which carry a penalty of 5 years +, including most sexual offences &
offenses causing harm, abduction, manslaughter or murder
“Child” – under 18 years of age
“Vulnerable person” – one who
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is suffering from a disorder of the mind, as a result of mental illness or
dementia or
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has an intellectual disability or an enduring physical impairment or injury,
which severely restricts the capacity of the person to guard himself or herself
against serious exploitation or abuse, whether physical or sexual, by another
person,
National Disability Steering Group
18.4.13
6
Summary:
Criminal Justice (Withholding of Information on Offences
against Children & Vulnerable Persons) Act 2012
The Offence arises:
• where a persons knows or believes that a serious offence
has been committed against a child or vulnerable person
• Where his/her information would be of material assistance
in securing apprehension, prosecution or conviction of
another person for that offence
• Where he/she fails without reasonable excuse to disclose
this information asap to Garda
National Disability Steering Group
18.4.13
7
Summary:
Criminal Justice (Withholding of Information on Offences
against Children & Vulnerable Persons) Act 2012
Defences against charge of withholding information:
1. where a child or vulnerable person makes it known that they do not want
the offence reported to the Garda Siochana
BUT

Person receiving/holding information must have reasonable grounds for
this view & act in best interest of child/vulnerable person

Rebuttable presumption on lack of capacity of vulnerable person /child
under 14 to make this decision
A child or vulnerable person who is a victim of a serious offence is not liable
for an offence under the Act
National Disability Steering Group
18.4.13
8
Implementation of Children First
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National Disability Steering Group
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Ann Bourke, Chair, National Disability Unit, HSE
Bernie Nyhan, HSE DML
Clodagh O Brien, NfPBA
Fearghal Grey, HSE West
Jillian Sexton, NFVB
Fiona Duignan, Inclusion Ireland
Laura Keane, NfPBA
Penny O Connell, HSE DNE
Toni Gleeson, DFI
Carol Moore, HSE South
Support:

Boyd Dodds –Children First Lead, Children & Family Support Agency (CFSA)
National Disability Steering Group
18.4.13
9
Implementation of Children First –
Terms of Reference for Steering Group
1.
Develop & recommend a standardised framework for a Child Protection and
Welfare Policy, Procedures & Practices, specific to Disability Services and
consistent with Children First 2011 for adoption by all Disability Services
2.
Develop & implement a Communication Strategy & Plan to support Children
First implementation across Disability Services
3.
Develop & recommend a standardised Children First Training Strategy for
adoption by all Disability Service Providers
4.
Develop & recommend a standardised QA template & monitoring system for
effective implementation of Children First for adoption by Disability Services
5.
Monitor national Children First statistical returns for trends, issues and
obstacles to implementation of Children First and advise the National Disability
Governance Group
National Disability Steering Group
18.4.13
10
Implementation of Children First –
Context:
Factors impacting on National Disability Steering Group recommendations

Children & Family Services (CFS) has begun development of “Safeguarding
within the Organisation”. This may require revision of “Children First in Disability
Services – A Guide to Policy Formation and Implementation”

CFS disaggregating from HSE into separate Children & Family Support Agency
& as yet, its ongoing support role in training is undefined

CFS is reviewing their Children First training for Vol Orgs & HSE. On completion,
HSE CFS Minimum Training Requirements (see slide 14) will change
accordingly.
National Disability Steering Group recommendations for
implementation of Children First will be regularly reviewed in line
with above and communicated out to the system via Steering
Group members and dedicated site on HSEland
National Disability Steering Group
18.4.13
11
1. Child Protection & Welfare Policy, Procedures, Practices
Steering Group Work completed
1.
“Children First in Disability Services – A Guide to Policy
Formation and Implementation” which includes:

Workbook to assist orgs to develop or review their existing Child
Protection and Welfare Policy against

Child Protection Policy Compliance Checklist

2013 Key Performance Indicators for HSE and Vol Org services
- biannual reporting
2. Policy Statement of Intent for HSE w/s & recommended for
adoption by Umbrella Group member orgs.
National Disability Steering Group
18.4.13
12
22. Communication Strategy & Plan
Steering Group Work completed
Dedicated site on HSEland : in progress to include

“Children First in Disability Services – A Guide to Policy Formation
and Implementation”
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Relevant legislation update and their implications presentation
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Current Minimum Training requirements for Children First
Compliance as of 18.4.13 as per CFSA.
Presentations at Umbrella Group Fora /HSE Disability Services

Update Children First 2011, relevant Heads of Bills and implications
for Service Provider to DFI, NFVB and NFP fora
Dissemination of recommendations via members of the National Children
First Steering Group and National Disability Governance Group
Article Health Matters Spring 2013 & Umbrella Groups newsletters
National Disability Steering Group
18.4.13
13
3. Training Strategy
Training Issues Identified
1. Unknown number staff/volunteers requiring training
2. Difficulty releasing staff for training due to lack of cover
3. Only 10 registered Keeping Safe Train the Trainers in
Disability Sector
4. Children and Family Services will continue to provide
existing level of training for HSE staff for 2013/14 but
training provided for Vol Orgs now extremely limited.
5. Whilst CFSA’s revised training programme is welcomed,
there is concern about topics which will no longer be
contained within the new 3 hour foundation course
National Disability Steering Group
18.4.13
14
3. Training Strategy
Minimum Training Requirements per Children & Family Support Agency

All staff who may have contact with children through their work
are required to receive basic Children First Training.
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This includes adult service staff as children may visit adult services
and staff may observe children at risk on home visits
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Currently, for voluntary organisations, that training is “Keeping
Safe” programme or equivalent and for HSE, it is the HSE
Children First programme
Training recommendations per HSE Children and Family Services
(CFS) will be revised in 2013 and Train the Trainers Programme
rolled out by CFS for HSE/Vol Orgs accordingly
National Disability Steering Group
18.4.13
15
3. Training Strategy
Minimum Training Requirements per Children & Family Support Agency
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Training Prioritisation:
1st: CEO and Designated Liaison Persons
2nd: Staff working in children’s services
3rd: Staff working in adult services
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Service Arrangement 2013 Requirement:
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CEO and DLP must attend Keeping Safe training or
equivalent by end of Q4 2013
National Disability Steering Group
18.4.13
16
4. Develop standardised Quality Assurance (QA) System
Steering Group Work completed
Developed and implemented:
1.
Children First Monitoring Compliance Template for
inclusion in Service Arrangement 2013
2.
Biannual reporting on Key Performance Indicators
applicable for both voluntary organisations and HSE to
HSE Corporate Planning Corporate Performance,
commencing Q2 2013
National Disability Steering Group
18.4.13
17
Children First in Disability Services:
Key Performance Indicators 2013
QI:
1.
Information circulated internally on Children First & relevant
legislation updates
2.
Organisation's Policies / procedures updated in line with ‘Children
3.
Organisation reviewed Child Protection Policy Compliance Checklist
(Appendix 3 in the ‘Children First in Disability Services – a Guide to
Policy Formation and Implementation” and identified actions with
timelines where required
First in Disability Services – a Guide to Policy Formation and
Implementation”
National Disability Steering Group
18.4.13
18
Children First in Disability Services:
Key Performance Indicators 2013
Q2:
1.
The org. has established no. of staff/volunteers who may have contact
with children in their work
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who have not received Children First or
who have not received refresher training since July 2010
2.
Agreed phased training plan with timelines in place
3.
The CEO and Designated Liaison Persons have completed the 2 day
Keeping Safe Training Programme or equivalent (valid until HSE
Children and Family Services revised recommendations due mid 2013)
4.
The org. has established a system to centrally log, confidentially /
appropriately manage and collate raised child protection issues and
queries within their disability services which is reviewed regularly
National Disability Steering Group
18.4.13
19
Children First in Disability Services :
Key Performance Indicators 2013
Q3:
1.
The org. has developed/agreed outstanding policies which
need to be put in place and timelines for same
2.
The org. has agreed a Project Plan for the implementation of
the requirements of Children First – outlining the
implementation of agreed actions / timeframes /
responsibilities
National Disability Steering Group
18.4.13
20
Children First in Disability Services :
Key Performance Indicators 2013
Q4:

The organisation has reviewed its Children First Project
Plan, monitoring compliance and progress on actions
agreed, including implementation of training

The organisation has submitted an update on all above KPIs
to HSE.
National Disability Steering Group
18.4.13
21
CFI Steering Group – Accountability


The National Disability Steering Group for Children First
Implementation will monitor overall trends, issues, obstacles and risks
in Children First Implementation & report into the National Disability
Governance Group
Accountability for Service compliance with Children First remains with
Local Disability Governance Groups/HSE Area Manager
National Disability Steering Group
07.05.13
22