In June 2021 my Department issued correspondence to the complainant outlining how the allegations would be dealt with. As outlined in my previous response, any concern or allegation of a child protection nature received by staff in the Department of Education is 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 this instance, the relevant procedures were adhered to and Tusla, An Garda Síochána and the relevant school authority were informed of the concern raised.
As stated previously, under these procedures, the Department does not make any judgement on the concerns which come to its attention and ensures that the details of the concern are immediately passed on to the relevant authorities, that is Tusla - the Child and Family Agency, and An Garda Síochána. The school authority is also informed of the alleged concern received.
The Ombudsman for Children advised that the matter be investigated. Tusla has statutory responsibility to assess all reports of child welfare and protection concerns. Tusla assesses the information received and the child and family’s situation and provides appropriate social work intervention and family support services. The role of An Garda Síochána is to investigate alleged crimes. Where it is suspected that a crime has been committed, An Garda Síochána has overall responsibility for the direction of any criminal investigation. It is the function of An Garda Síochána to interview and take any statements that will form part of the criminal investigation file. The Department of Education has no powers to investigate child protection concerns.
