Tip of the Week- Understanding the role of Mandated Persons

Under the Children First Act 2015, mandated persons are responsible for safeguarding children’s welfare in Ireland. Mandated persons include professionals such as Early Years Educators, School Age Practitioners, teachers, healthcare workers, social workers, and others who interact regularly with children. Their legal obligations are clearly outlined to ensure children’s protection from harm.

Key Responsibilities of Mandated Persons

1.Reporting Harm:

Mandated Persons are required by law to report any knowledge, belief, or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed.

Harm is defined in the Act as assault, ill-treatment, neglect, or sexual abuse that seriously affects or is likely to seriously affect a child’s health, development, or welfare. This includes both current and past instances where there are reasonable grounds to suspect that a currently at-risk child has been harmed.

2. Assisting Tusla:

When requested, mandated persons must assist Tusla, the Child and Family Agency, in assessing concerns that have been subject to a mandated report. Tusla’s Mandated Assisting Protocol details the processes for formally requesting this assistance, ensuring that professionals collaborate effectively to protect children.

3. Making Disclosures:

Mandated persons must directly report concerns to Tusla without delay. This obligation is personal and cannot be delegated to others, such as a Designated Liaison Person (DLP) or line manager, although joint reports with DLPs or others are permissible and often advisable for thoroughness and support.

Reporting Procedures

Remember, if a mandated person is unsure whether a concern meets the threshold for reporting, they can seek advice from Tusla’s social work department. For urgent concerns, reports can be made through the Tusla Web Portal or the out-of-hours social work service, especially during non-office hours.

In cases where there is an immediate threat to a child’s safety, and Tusla cannot be contacted, mandated persons must alert An Garda Síochána, the national police service, without delay.

Support and Training

Tusla and Canavan Byrne provide resources such as an eLearning module and training (private and Webinars) to help mandated persons understand their roles and responsibilities. These resources are crucial for ensuring that all mandated persons are well-equipped to fulfil their duties effectively.

Legal Implications

Beyond the Children First Act 2015, the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 also requires reporting of serious offences against children. Failing to report such information to An Garda Síochána is a criminal offence, underscoring the importance of vigilance and timely action.

By adhering to these regulations, mandated persons play a key role in the early identification and prevention of child abuse and neglect, ensuring the safety and well-being of children across Ireland.

For more detailed information and resources, visit Tusla’s website on mandated persons

Also, Check out Canavan Byrne  e-learning “Child Safeguarding” https://www.canavanbyrne.ie/training/detail/child-safeguarding