The Children First Act 2015 provides for a number of key child protection measures, including providing for mandated reporting of child protection concerns above a defined threshold and improving child protection arrangements in organisations providing services to children. Under this legislation, all early years providers are required to have measures in place to safeguard children attending their services. They must carry out a risk assessment for the potential for any harm to child while using the service and must have procedures in place to address the risks identified, including in respect the suitability of staff and in respect of staff under any form of investigation. In addition, all childcare staff members, as mandated reporters, are legally required to report to Tusla if they have any knowledge, belief or reasonable suspicion that a child has been harmed, is being harmed or is at risk of being harmed.
The Children First Act operates side-by-side with the non-statutory obligations provided for in Children First: National Guidance for the Protection and Welfare of Children 2017. The guidance sets out how reports about reasonable concerns of child abuse or neglect should be made by the general public and mandated professionals to Tusla and what organisations need to do to keep children safe. These organisations should develop and put in place specific policies and procedures to create a safe environment, for example, around reporting child protection concerns, recruiting and managing staff and child safeguarding awareness and training. To support safeguarding in the early years sector, the Department funds the National Child Safeguarding Programme for Early Learning and Care (ELC) and School-Age Childcare (SAC). The programme works in conjunction with City and County Childcare Committees, Comhar Naíonraí na Gaeltachta and Tusla’s Children First Information and Advice Service to tailor and develop Children First training, resources and information to support child-centred practice in ELC, SAC and child-minding services. A dedicated website, www.childsafeguardingelc.ie, provides all relevant information and updates.
Tusla has extensive powers under the Child Care Act 1991 and the Child and Family Agency Act 2013 to take appropriate action to promote the welfare of any child who is not receiving adequate care and protection.
Where Tusla suspects that a child has been or is being physically or sexually abused or wilfully neglected, An Garda Síochána must be formally notified without delay. This is set out in the Joint Working Protocol for Tusla and An Garda Síochána. There are legal requirements on both individuals and organisations to report criminal abuse of children. It is also important to note that, even where concerns do not reach a criminal threshold, but where Tusla, as a result of its assessment of report received, has bone fide concerns in respect of an individual, it must notify the National Vetting Bureau, which in turn may have consequences for the future employment of the individual concerned.
Apart from the Children First Act, a number of other policy and legislative improvements have been made to child protection standards within recent years. In line with the requirements of the Child Care Act 1991 (Early Years Services) Regulations 2016, the registered provider, all employees, unpaid workers and contractors in an early years service are required to have Garda vetting and police checks for all countries they resided in for longer than six months prior to being allowed access to children. Similar requirements are in place for both school age services and childminders, under the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 and the Child Care Act 1991 (Early Years Services) (Childminding Services) Regulations 2024 respectively.
In July 2024, important changes to the Garda Vetting process were introduced by the Garda National Vetting Bureau and its European counterparts to strengthen child protection. As part of EU Directive 2011/93, EU countries are now required to carry out enhanced police checks for sexual offences when processing vetting applications. These changes are being rolled out across the EU, and include the UK. All Garda Vetting applications must now satisfy the terms of this Directive.
