3: Responding and reporting

Chapter 3: 
Responding and reporting

Aim of the chapter

1. Managing a disclosure of abuse
2. Other triggers for reporting abuse
3. Reporting
4. Mandated reporting and the appointment of a Designated Liaison Person
5. After reporting to Tusla
6. Responding to allegations against Ministers and Elders
7. A flowchart for responding and recording 

Managing a disclosure of abuse

Barriers to disclosures from children and young people 

There are particular barriers for children in faith-based organisations, like our denomination, and we need to be mindful of them.

• Often, children see that the person harming them is very important. A leader, someone whom the church respects, someone who is in a position of trust and is often at the front of church, and they are afraid they will not be believed.
• It may be that children hear the person spoken about often with very positive language, and so they develop an understanding that the person is held in high esteem, and there is a protective fence around those individuals. There is already a power imbalance between children and adults, and this is added to when that adult is in a church-based position of trust and children assess that the individual is very much liked.
• It may be that children and young people are left afraid through the ‘spiritually abusive’ grooming activities of an individual. For example, the misuse of biblical language can be terrifying for a child brought up in a church environment. Threats can be made and children can be left feeling shame because of their own sin or evil, or sacred of the work of the devil – a grooming tactic that petrifies a child or young person.
• It is also the case that the children and young people of Christian families tend to be more exposed to strangers. Many families extending the beautiful gift of hospitality to strangers who come to our churches and communities tend to have their guard down when inviting individuals into their homes. This generosity of hospitality should not cease, but families need to be aware of managing the risks and keeping their children safe while they reach out to others.

Reasons for disclosing 

• realising the abuse is wrong
• not being able to cope any more
• the abuse getting worse
• wanting to protect other children
• wanting the abuser to be punished
• trusting someone enough to tell them
• someone asks them directly
• their environment has changed and they feel safe

Managing a disclosure 

Remember that if a child or young person has chosen you to disclose something to, they have assessed you as being safe and as someone who will help them. This is a privilege to take very seriously. 

Follow these simple steps if a child or young person begins to tell you about possible abuse or harm:

Listen carefully

• don’t ask them to repeat or ask them leading questions
• allow them to tell you anything in their own words
• manage your emotions in that moment

Reassure

• this is a big moment for them, tell them they’ve done the right thing
• tell them you understand them

Be serious

• let them know you believe them
• let them know you are going to do something about it
• do not promise to keep a secret

Safety first

• if a child is immediately in harm’s way, protect them first using emergency services
• advise them in words they understand that this is not their fault, that they’ve done nothing wrong

What is next

• tell them what you are going to do
• tell them who you need to tell

Report and record

• write down everything you have been told
• report immediately to the appropriate person
• do not delay

It is never your responsibility to investigate the disclosure, nor to judge the truth of the claims or the credibility of the child. 

Please note that even if you know a child/their family is already known to Tusla you must report. 

Other triggers for reporting abuse

Harm to children and young people is not always brought to our attention by a disclosure.

We may also become aware because:

• someone else tells us
• we see injuries that are unusual or do not match the account of how they occurred
• we see signs consistent with neglect
• an adult admits abuse or harm (common in a ‘confessional’ pastoral space)
• a child or young person is alluding to abuse in non-verbal ways (e.g. drawings) 

The same principles below apply for any concern of abuse or harm to a child, disclosed or not. 

Reporting

Main principles of reporting

1. Mandated Persons and Designated Liaison Persons report to Tusla any concern about the welfare of a child/young person.
2. It is an offence under the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012. This is addition to the mandatory reporting requirements under the Children First Act 2015.
3. Garda 999 in an emergency circumstance where immediate protection is required or Tusla https://www.tusla.ie/get-in-touch/ or emergency out of hours number 0818 776 315.
4. You should always inform Tusla if you have reasonable grounds for concern that a child may have been, is being or is at risk of being abused or neglected. (see Chapter 2: Recognising abuse)
5. If you are ever unsure if you should report a concern, you should contact Tusla to discuss and take advice.
6. Always keep an accurate written record of what you are reporting in a secure space.
7. Do not delay.
8. We work in an open and transparent manner; it is therefore not appropriate for any leader in PCI to make an anonymous report. All staff members, leaders and volunteers are recruited formally, placed in their roles and should work in an open way. Anonymous reporting makes it difficult for Tusla to examine concerns fully.

Mandated Personnel (Minister and Elders) are not allowed to report anonymously; this is a breach of their obligations under law (see below). 

Mandated reporting

The Children First Act 2015 places legal obligations on certain persons to report child protection concerns at or above a defined threshold to Tusla. 

Who are Mandated Persons?

People who have contact with children because of their qualification, training or employment. They are in key positions to protect children from harm.

In our denomination, this means all Ministers, youth workers and Elders based in, or working temporarily in, ROI. 

Clergy and pastoral care workers of a church are named specifically in the Children First Act 2015. There is no exception and you have a legal obligation to report. 

Reporting

• You will find details of who to report to on the Tusla website at www.tusla.ie/get-in-touch/ and through the following means:
• Child Protection and Welfare Report Form www.tusla.ie/uploads/content/Child_Protection_and_Welfare_Report_Form_FINAL.pdf
• Retrospective Abuse Report Form www.tusla.ie/uploads/content/Retrospective_Abuse_Report_Form_FINAL.pdf
• Tusla out of hours 0818 776 315

If you are in any doubt about reporting, contact Tusla for advice. The Mandated Person and the Designated Liaison Person can seek informal advice from Tusla Dedicated Contact Point in the young person’s area if usure about the threshold for reporting.

A Mandated Person is required to report any knowledge belief or reasonable suspicion. If your concern does not meet the threshold (as per the box to the right), but you feel you still have reasonable grounds for concern, still report this to Tusla. 

The Mandated Person should ensure that they advise the Designated Liaison Person of the Tusla referral either after it is made or through a joint report.

You are not required to tell a family that you are making a mandated report to Tusla. However, it is good practice to do so and to describe the reasons for your decision, as long as you do not put the child at further risk by doing so.

You also do not need to tell the family if you believe that by doing so you will be placed at risk. 

After reporting to Tusla

Tusla will assess all reports it receives. 

Tusla will acknowledge that it has received your report.

To protect the privacy of the child and family, it may not be possible to inform you of the progress or outcomes of a report.

You must continue to manage any alleged perpetrator in a precautionary manner until Tusla has completed its processes (see below). 

Designated Liaison Person (DLP)

Each congregation must appoint a DLP who will take a lead in the protection of children and will liaise with outside agencies. Dependent on size, it may be appropriate to appoint one or more Deputy DLPs. 

The DLPs will work with the Mandated Persons in the reporting of concerns but the duty to report lies with the Mandated Person. Internally, they will be a source of advice and support to staff.

Responding to child safeguarding concerns

When a DLP is alerted to concerns about a child/young person, their role is to act promptly and in accordance with the Presbyterian Church In Ireland’s reporting procedure, which will include the following steps: 

• Ensure that the child/young person is in no immediate danger and that any medical or police assistance required has been sought
• Consider whether the concern is a safeguarding issue or not, in line with guidance provided within the policy. This may involve some ‘checking out’ of information while being careful not to stray into the realm of investigation
• Consult with Tusla where there is any doubt – a hypothetical situation can be explored; you should be advised on the best course of action to take
• Make a formal referral if Tusla considers the concern to be a safeguarding issue. You should liaise with the Mandated Person in the congregation with whom lies the statutory requirement to report such matters
• Be available, as required, to the investigation undertaken by the statutory authorities
• Inform the child’s parents/guardians that a report is to be submitted to Tusla or the Garda Parents and guardians should be informed of any actions planned while having regard to the rights and confidentiality of others, such as the person to whom the allegation has been made unless:
  – Informing the parents is likely to endanger the child or young person;
  – Informing the parents/guardians may place the reporter at risk of harm from the family; or
  –The family’s knowledge of the report could impair Tusla’s ability to carry out an assessment

If it is not considered a safeguarding issue, and it is decided that there should be no referral made to a statutory authority, a record should be made of the concern and the details kept on file, including any action taken, the reasons for not referring, and the situation monitored on an ongoing basis. 

The employee or volunteer who raised the concern should be given a clear written explanation of the reasons why the concern is not being reported to Tusla, and the employee or volunteer should be advised that if they remain concerned about the situation, they are free to make a report to Tusla or An Garda Síochána.

Keeping Records

It is very important that good records are kept on safeguarding matters; congregations should use the note of concern on the PCI website here:

• Records should be factual and include details of contacts, consultations and any actions taken.
• All agencies dealing with children must cooperate in the sharing of records with Tusla where a child protection or welfare issue arises. An example of this could be information needed for a Child Protection Conference or Strategy Meeting or information important for the assessment of risk to a child.
• Ensure that records on child protection concerns, allegations and disclosures are kept securely and safely within the organisation.
• Records should only be used for the purpose for which they are intended and should only be shared on a need-to-know basis in the best interests of the child/young person.
• Child protection and welfare records should be updated as required and reviewed regularly by the Designated Liaison Person.

Responding to allegations against ministers, elders, leaders, volunteers

External Reporting 

The first priority always is to ensure that no child is exposed to unnecessary risk. The welfare of a child gets precedence in all situations, regardless of who the alleged perpetrator is. 

To that end, managing a disclosure or reporting a concern externally if the alleged perpetrator is a minister or elder of the Presbyterian Church in Ireland is no different to a situation of the same nature involving any other leader, volunteer, staff member or member of the public. 

If a member of the Church feels their concerns have not been taken seriously by the Church they should follow the Church’s whistle-blowing policy.

Follow all steps as outlined in this chapter for external reporting, without delay.

Internal Reporting

Internal reporting is required alongside any external reporting so the immediate risks can be managed across all potential areas of concern. 

For example, the issue may have been raised in the context of Sunday School, but the individual of concern might also be a Youth Club leader or engaged in another church. 

Any individual in an organisation who has reported or needs to report a child protection concern should advise the leader in charge of their specific organisation, unless that person is the alleged perpetrator. 

The Leader in Charge should advise the Minister (Convenor if vacant) and the Designated Liaison Person. 

If the alleged perpetrator is the Leader in Charge, the individual should go straight to the Minister and/or the Designated Liaison Person. 

If the allegation is about a DLP, it should be reported to the Minister of the congregation. 

If it is about a Minister, the report should be made to the DLP.

What to report?

Please use the correct form when making a child protection report. This should include date and time, those involved and any immediate actions. You can find it here https://portal.tusla.ie/Account/Login?ReturnUrl=%2F.

Internal actions

The Minister and/or the Designated Liaison Person and an Elder should, as a matter of urgency, take any necessary protective measures. These measures should be proportionate to the level of risk.

Protective measures taken are precautionary and not disciplinary. Disciplinary action is not the remit of the Safeguarding Team or these procedures.

The protective measures are an interim measure pending the statutory authorities’ consideration of the matter firstly. 

Protective measures may include but are not limited to: 

• Stepping down a leader, volunteer, Elder or Minister from all roles and responsibilities
• Removing a leader or volunteer from a specific activity or space
• Asking someone to not attend church for a defined period of time 

For employed staff, looking at alternative duties that do not involve work with children 

Internal decision-making supports

The Minister (Mandated Person) and Designated Liaison Person can take confidential advice from:

1. PCI Safeguarding Office
   This is a wide part of its remit and it can advise what immediate protective steps can be taken and guide through all of the processes.
   It is normal to advise the safeguarding officers that there has been a child protection issue.
2. Clerk of Presbytery
   This individual can advise on church-led processes and decision-making.
3. Clerk of the General Assembly
   In some circumstances, it may be appropriate to escalate to the Office of the Clerk of the General Assembly.
4. Kirk Session
   It is critical that confidentiality is maintained, so it is not always appropriate to share sensitive information with the full Kirk Session. Most Sessions now have a small, delegated team to manage the local safeguarding, and members of this team can be consulted. 

Engagement with the alleged perpetrator on the report of allegations of harm

The Minister and one Elder should privately inform the staff member/volunteer/Elder:

• the fact that an allegation has been made against him or her
• the nature of the allegation
• if applicable, the fact that the allegation will be brought to/has been brought to the attention of Tusla and/or An Garda Síochána

No details of the victim should be given. 

The staff member/volunteer/Elder should be afforded an opportunity to respond and the response should be noted and passed on if making a formal report to Tusla and/or An Garda Síochána. 

At this stage, it is important to note that the staff member/volunteer/Elder against whom an allegation has been made, and his/her family, will require pastoral care, as will any alleged victims and their families.

The individual providing pastoral support to the alleged perpetrator must be a different individual to the one providing pastoral support to the victim and their family.

In the event that the Minister is the individual about whom the allegations are made, all of the above applies; however, these steps will be taken by the Clerk of Presbytery and either the Deputy Clerk or Clerk of the General Assembly. 

Key messages

1. The safety and well-being of the child must take priority over concerns about the adults against whom allegations may be made
2. Reports of concerns should be made without delay to Tusla
3. If you think a child is in immediate danger you should contact An Garda Síochána without delay
4. Good records should be kept and held securely in line with PCI guidance 

A flowchart for reporting

CHAPTER END