As set out in legislation (Child and Family Agency Act, 2013), Tusla is independent in the performance of its functions, including management of Child Protection and Welfare cases.
The purpose of the Child Protection Procedures for Schools 2025 is to give direction and guidance to school authorities and school personnel in relation to meeting their statutory obligations under the Children First Act 2015, as well as supporting the continued implementation of the best practice (non- statutory) guidance set out in Children First: National Guidance for the Protection and Welfare of Children 2017.
These procedures aim to provide necessary information to school authorities and all school personnel to help them to be alert to and be aware of what to do in situations where there is a concern, suspicion or allegation that a child may have been abused or neglected, is being abused or neglected, or is at risk of abuse or neglect. This includes registered teachers and other mandated persons as well as members of school personnel who are not mandated persons under Children First, for example special needs assistants, cleaners, caretakers, and secretaries. While these procedures are not directed at parents/carers, they may assist parents/carers in understanding the procedures to be followed by schools in relation to child protection. In all cases, the most important consideration is the protection of children.
All allegations of potential child safeguarding matters are investigated by Tusla, once brought to its attention. The Tusla Child Abuse Substantiation Procedure (CASP) was introduced in 2022. The CASP is used by Social Workers who carry out a “substantiation assessment”’ to conclude if on the balance of probabilities that a person’s allegations of child abuse are founded or unfounded. Tusla conducts these assessments solely for the purpose of protecting children who could be at risk of abuse. It is used to assess current and retrospective allegations of child abuse. The CASP is facilitating social workers across the Agency to implement a consistent standard of child protection practice when carrying out substantiation assessments.
A Tusla Social Worker undertakes assessments using their professional judgement and working in line with legislation, National and Agency policy. Tusla carries out various types of assessments for example, the National Approach to Practice underpinned by Signs of Safety, Child Abuse Substantiation Procedure (CASP), Fostering Assessments, all of which may lead to the establishment of a ‘bona fide’ concern that a particular individual may harm a child or put a child at risk of harm. Whether a Specified Information Notification should be completed and submitted to the Garda Vetting Bureau, requires consideration irrespective of the type of assessment undertaken and is based upon Tusla having a ‘bona fide’ concern as opposed to a founded / unfounded conclusion. A Specified Information Notification relates to the legal obligation of Tusla and An Garda Síochána to share specific details under Section 19 of the National Vetting Bureau Act.
At the end of a Social Work assessment, consideration must be given as whether a Specified Information Notification is required if this has not already been done. Different considerations apply depending on the outcome of the assessment. Not all Social Work assessments involve a finding of founded or unfounded. Where the outcome of an assessment has concluded that a child has been harmed but Tusla has no ‘bona fide’ concern and hence no Specified Information Notification is required, the rationale for this conclusion must be documented on file.
Garda vetting is an essential part of ensuring the safeguarding of children and it is the legal responsibility of the registered provider to ensure statutory vetting obligations are complied with and maintained at all times. The National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 provide a statutory basis for the vetting of persons carrying out relevant work with children or vulnerable persons. The Act stipulates that a relevant organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation unless the organisation receives a vetting disclosure from the National Vetting Bureau in respect of that person. Garda vetting is an operational matter for the Garda National Vetting Bureau.
