I would like to assure the Deputy that all concerns received in my Department are taken seriously and through the school inspection process, which now includes specific child protection safeguarding inspections, the Department seeks assurances that schools have the correct procedures in place to protect children. To this end, all information helps inform the Department’s Inspectorate in planning its programme of inspections in the school system.
In relation to any investigation into alleged child abuse in schools I would like to clarify that the Department of Education has no role in the investigation of individual child protection cases. This is the responsibility of the Child and Family Agency, Tusla who assess the information as reported to it by the Department and by individual members of the public. All concerns of a child protection nature received by staff in the Department of Education are dealt with in accordance with the Department’s Procedures for responding to Child Protection Concerns which come to the attention of staff employed by the Department of Education. In accordance with these procedures the Department must pass on, without judgement, details of all child protection concerns it receives to Tusla.
Under the Education Act 1998, a school’s board of management is the body charged with the direct governance of a school and it is the Board of Management which employs the staff at the school. The Board of Management is accountable to the school Patron.
Boards of management are responsible for ensuring that the child safeguarding requirements of Child Protection Procedures for Primary and Post Primary Schools 2017 are implemented in full and must exercise appropriate oversight in this regard including where an allegation of abuse is made against a member of school personnel.
The Child Protection Procedures for Primary and Post Primary Schools 2017 provide specific guidance to schools in relation to the reporting procedures for the concern as well as the protocols in relation to dealing with the employee. In a school context, the most important consideration to be taken into account is the protection of children, and their safety and well-being must be the priority. Each school authority also has a duty and responsibility, as an employer, in respect of its employees.
Section 24 of the Education Act 1998 provides that the appointment, suspension and dismissal of teachers is the responsibility of boards of management of recognised schools or, where the employer is a person other than a board, by that person. Any actions in relation to the employee, including whether he or she shall be placed on administrative leave while a matter is being investigated, are exclusively a matter for the employer.
It is important to note that arrangements for child protection in schools have been extensively revised and extended. In recent years, for example, the enactment of the Children First Act in 2015 led to the issue of revised Child Protection Procedures for Primary and Post-primary Schools in 2017, with an extensive programme of professional development for teachers and school leaders.
I hope you will be reassured to know that a fundamental principle of the Child Protection Procedures for Primary and Post-Primary Schools 2017 is that all schools must keep pupils/students safe from harm while attending the school or while participating in school activities. My Department has also put in place a range of oversight measures to quality assure these procedures. As part of these measures, the board of management of the school must ensure any child protection concerns that come to light in a school are reported to Tusla.
Further measures put in place by this Department include the following: a policy to ensure that once an inspector has noted that a school is not compliant with any aspect of child protection procedures, the Inspectorate continues to engage with the school until the school becomes compliant, and, as noted above, a policy to ensure that the Inspectorate reports on compliance with Child Protection Procedures in all published inspection reports.
Details of published reports can be found on the Department’s website at the following link:
www.education.ie/en/Publications/Inspection-Reports-Publications/Evaluation-Reports-Guidelines/.
My Department also has in place a mandatory Stay Safe Programme in primary schools which aims to give children the skills necessary to enable them to recognise and resist abuse and victimisation and teaches them that they should always tell an adult that can help about any situation which they find unsafe, upsetting, threatening, dangerous or abusive.
The measures that have been taken to protect and safeguard children are designed to ensure that children run a minimal risk of encountering abusers and, because of the Stay Safe Programme, their knowledge of and awareness of their right to bodily integrity has been reinforced as well.
In relation to supporting victims of abuse in their childhood, when contacted by individuals my Department provides details of counselling supports available. As part of the State's response to individuals experiencing distress as a result of childhood sexual abuse, a free National Counselling Service was set up which is run by the HSE and has been operating since 2000. Full details are available on
https://www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/.
In addition, my Department recently announced a revised ex gratia scheme to provide those, who had, by 1 July 2021, issued legal proceedings against the State in respect of day school sexual abuse which occurred before November 1991 (primary) and June 1992 (post-primary) with an opportunity to apply for an ex gratia payment. Details of the revised scheme are available at https://www.gov.ie/en/service/90a42-revised-ex-gratia-scheme/.
