I propose to take Questions Nos. 397, 398 and 399 together.
Any concern or allegation of a child protection nature received by staff in the Department of Education and Youth 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.
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. Tusla has statutory responsibility to assess all reports of child welfare and protection concerns. Tusla assesses the information received regarding the child’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.
In June 2021 my department issued correspondence to the complainant outlining how the allegations would be dealt with, in accordance with the Department's procedures. Those procedures were adhered to and Tusla, An Garda Síochána and the relevant school authority were informed of the concern raised. The advice from the Ombudsman for Children, that the matter be investigated, is in keeping with the actions taken by the department.
