Protecting Children is Everyone`s Business – 10 Things You Need to Know

The Children First Act 2015 is a crucial piece of legislation in Ireland that strengthens child protection and welfare measures and it places legal obligations on certain professionals and organizations to safeguard children from harm. In this article, Laura Sheehan, Solicitor CKT outlines ten important facts about the Act:

1. Legal Obligation to Report

Certain professionals, known as mandated persons, are legally required to report concerns about child abuse or neglect to Tusla, the Child and Family Agency. As a mandated person, under the legislation there is a requirement to report any knowledge, belief or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed. The Act defines harm as assault, ill-treatment, neglect or sexual abuse, and covers single and multiple instances.

2. Mandated Persons Include Many Professions

Teachers, doctors, nurses, social workers, early years professionals, and others working closely with children are classified as mandated persons under the Act and are set out at Schedule 2 of the Children First Act 2015.

3. Threshold for Reporting

A report must be made if a mandated person knows, believes, or has reasonable grounds to suspect that a child is being harmed, abused, or neglected. As a mandated person, under the legislation you are required to report any knowledge, belief, or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed, to the Authorised Person within Tusla.

4. Mandatory Risk Assessments

Organizations providing services to children must conduct a risk assessment to identify and mitigate potential risks to children’s welfare.

5. Child Safeguarding Statement

All organizations working with children must have a Child Safeguarding Statement outlining their commitment to child protection and the measures they take to ensure safety. A risk assessment is an exercise where the organisation examines all aspects of its service from a safeguarding perspective, to establish whether there are any practices or features of the service that have the potential to put children at risk.

6. Tusla’s Central Role

Tusla is the designated agency for receiving and assessing child protection reports under the Act. It has the authority to act when necessary. The Child and Family Agency is  the dedicated State agency responsible for improving wellbeing and outcomes for children. It represents a consolidated and co ordinated Agency dedicated to the provision of services allied to the protection of Children and families.

The Agency operates under the Child and Family Agency Act 2013, a progressive piece of legislation with children at its heart and families viewed as the foundation of a strong healthy community where children can flourish. Partnership and co-operation in the delivery of seamless services to children and families are also central to the Act.For further information, visit the Tusla website here: https://www.tusla.ie/ 

7. Protection from Civil Liability

Mandated persons who report concerns in good faith are protected from legal liability, ensuring they can act without fear of repercussions.

8. Criminal Offenses for Non-Compliance

Failure to comply with the Act, such as not having a Child Safeguarding Statement or not reporting concerns, can result in penalties.

9. Applies to Both Public and Private Sectors

The Act applies to a wide range of organizations, including schools, sports clubs, healthcare providers, and religious groups.

10. Aligned with Children First Guidelines

The legislation works alongside the Children First: National Guidance for the Protection and Welfare of Children, which provides additional best practices and guidance for child protection.

The Children First Act 2015 ensures that child protection is a shared responsibility, creating a safer environment for children across Ireland. Organizations and professionals must be aware of their duties under the Act to help safeguard children from harm.