Governance and Transparency

Section 1: Introduction

Statement of Policy

European Movement Ireland (hereinafter ‘EM Ireland’) is committed to safeguarding the wellbeing of all the children and young people with whom we work. Our policy on child protection is in accordance with “Children First – National Guidance for the Protection and Welfare of Children” (Department of Children and Youth Affairs).

Scope

This policy applies to all employees, stagiaires and volunteers who have contact with children and young people through their work on behalf of EM Ireland.

Principles

All staff members, stagiaires and volunteers will be made aware of and be familiar with the child protection policy and the role and identity of the Designated Liaison Person during induction. Every staff member, stagiaire and volunteer will be required to sign a declaration of compliance with the child protection policy.

We will review our guiding principles and child safeguarding procedures every two years or sooner if necessary due to service issues or changes in legislation or national policy.

EM Ireland will ensure that our recruitment and hiring practices include procedures to ensure the safety and welfare of all adults and young people involved in the organisation.

We will ensure that there is a Designated Liaison Person and a Deputy Designated Liaison Person in place at all times and that these persons are clearly identified to all staff, stagiaires, volunteers and any other relevant persons.

Section 2: The Designated Liaison Person

The Designated Liaison Person has the ultimate responsibility for ensuring that the child protection and welfare policy is promoted and implemented. The role of the Designated Liaison Person involves the following duties:

• To be familiar with “Children First”, National Guidance for the Protection and Welfare of Children and “Our Duty to Care”, the principles of good practice for the protection of children & young people and to have responsibility for the implementation and monitoring of the child protection and welfare policy;
• To provide support to staff members who are dealing with/have dealt with a child protection concern or disclosure;
• To receive reports of alleged/suspected or actual child abuse and act on these in accordance with the guidelines;
• To ensure that training is provided for all new and existing staff in Insert Service Name here on the child protection policy;
• To build a working relationship with Tusla, Child and Family Agency, An Garda Síochána and other agencies, as appropriate;
• To ensure that supports are put in place for the young person, staff members, stagiaires or volunteers in cases of allegations being made;
• To keep up to date and undertake relevant training on child protection policy and practice, in order to ensure the relevance and appropriateness EM Ireland’s policy and procedures in this area;
• To review the policy and procedures on child protection on a bi-annual basis and amend as appropriate;
• To ensure that systems are in place for recording and retaining all relevant documentation in relation to child protection issues.

Section 3: Guidance for staff members, stagiaires and volunteers

Guiding principles for reporting child abuse

1. The safety and well-being of the child or young person is paramount.
2. Reports must be made without delay to the Child and Family Agency Local Area Office area where the child resides.
3. A suspicion, which is not supported by an objective indication of abuse or neglect, would not constitute a reasonable suspicion or reasonable grounds for concern. However, these suspicions must be recorded or noted internally by the Designated Liaison Person as future suspicions may lead to the decision to make a report and earlier suspicions may provide important information for the statutory child protection agency or An Garda Síochána.
4. Under no circumstances should a child be left in a situation that exposes him or her to harm or of risk to harm pending Tusla intervention. In the event of an emergency where you think a child is in immediate danger and you cannot get in contact with Tusla, you should contact the Gardaí. This may be done through any Garda station.

Recognising abuse

Examples of reasonable grounds for concern are:

• specific indication from the child that he/she was abused;
• an account by the person who saw the child being abused;
• evidence, such as an injury or behaviour which is consistent with abuse and unlikely to be caused in another way;
• an injury or behaviour which is consistent with abuse and with an innocent explanation but where there are corroborative indicators supporting the concern that it may be a case of abuse. An example of this would be a pattern of injuries, an implausible explanation, other indications of abuse, dysfunctional behaviour;
• consistent indication over a period of time that a child is suffering from emotional or physical neglect.

For further information see Appendix 1 and also www.tusla.ie/services/child-protection-welfare/children-first/

How to Handle a Report of Abuse by a Child / Young Person

In the event of a child / young person disclosing an incident of abuse it is essential that this is dealt with sensitively and professionally by the individual involved. In such circumstances, the individual should:

• React calmly;
• Listen carefully and attentively;
• Take the young person seriously;
• Reassure the young person that they have taken the right action in talking to you;
• Do NOT promise to keep anything secret;
• Ask questions for clarification only, do not ask leading questions, this is not an interview, but rather receiving a disclosure from a child;
• Check back with the child/young person that what you have heard is correct and understood;
• Do not express any opinions about the alleged abuser;
• Record the conversation as soon as possible, in as much detail as possible;
• Sign and date the record;
• Ensure that the child/young person understands the procedures which will follow;
• Pass the information to the Designated Liaison Person do not attempt to deal with the problem alone;
• Treat the information confidentially.

Retrospective Disclosures by Adults

Parents and staff who are working with children and young adults or who attend child protection training may disclose abuse which took place during their childhood. A disclosure of abuse by an adult which took place during their childhood, must be noted or recorded.

In these cases it is essential that consideration is given to the current risk to any child who may be in contact. If any risk is deemed to exist to any child who may be in contact with the alleged abuser, a report of the allegation should be made to the Child and Family Agency without delay. It is essential to establish whether there is any current risk to any child who may be in contact with the alleged abuser revealed is such disclosures.

If any risk is deemed to exist to a child who may be in contact with an alleged abuser, the Designated Liaison Person should report the allegation to Tusla, Child and Family Agency without delay.

The National Counselling Service is in place to listen to, value and understand those who have been abused in childhood. The service is a professional, confidential counselling and psychotherapy service and is available free of charge in all regions of the country. See http://www.hse.ie/eng/services/list/4/Mental_Health_Services/National_Counselling_Service/

Reporting disclosures, concerns or allegations of child abuse

Any staff member, stagiaire or volunteer who has received a disclosure of child abuse or a disclosure of retrospective abuse or who has concerns about a child should bring them to the attention of the Designated Liaison Person immediately.

Section 4: Procedure for referring a disclosure, allegation or concern by a Designated Liaison Person to Tusla, Child and Family Agency or An Garda Síochána

Where the Designated Liaison Person considers that a child protection or welfare concern meets the reasonable grounds for concern criteria outlined below, then the Designated Liaison Person can make a referral to Tusla.

The Designated Liaison Person will ensure that the parents/ carers are informed that a report/referral had been made to Tusla, Child and Family Agency or An Garda Síochána, as appropriate, unless to do so would be likely to endanger the child.

Where the Designated Liaison Person remains uncertain he/she should contact Tusla, Child and Family Agency for informal advice relating to the allegation, concern or disclosure. After consultation with the Duty Social Worker, the Designated Liaison Person will then take one of following options:

a) Report the allegation, concern or disclosure to the relevant authority (e.g. Tusla, An Garda Síochána, etc.) using the standard reporting form from Children First and in the case of out of hours or immediate danger contact An Garda Síochána; or

b) Not report the allegations, concern or disclosure.  In those cases where the Designated Liaison Person decides not make a referral, the individual staff member, stagiaire or volunteer who raised the concern should be given a clear written statement of the reasons why the Designated Liaison Person is not taking such action. The staff member, stagiaire or volunteer should be advised that if they remain concerned about the situation, they are free as individuals to consult with, or report to, the Tusla or An Garda Síochána.

The Designated Liaison Person will take note of and internally record the reported suspicion, as future suspicions may lead to the decision to make a report and earlier suspicions may provide important information for the statutory child protection agency or An Garda Síochána.

Report, concern or allegation relating to an EM Ireland staff member, stagiaire or volunteer

Upon receipt of an allegation, the Designated Liaison Person will notify the CEO.

If the allegation relates to the CEO, the Designated Liaison Person will notify the Board Chairperson of the allegation.

If the allegation relates to the Designated Liaison Person then the Deputy Designated Liaison Person will notify the CEO.

If an allegation is made against a staff member, stagiaire or volunteer, the Designated Liaison Person or the Deputy Designated Liaison Person, there are two parts to the process, 1) dealing with the allegation of abuse and 2) dealing with the employee/ volunteer. Where possible, these two pieces should be dealt with by two different people. There are two different procedures that should be followed:

1. The reporting procedure in respect of the child:

a) The safety of the child is the first priority of EM Ireland and all necessary measures will be taken to ensure that the child and other children/young people are safe.

b) The Designated Liaison Person will deal with the procedure involving the child/young person and the reporting to Tusla, Child and Family.

2. The procedure for dealing with the staff member, stagiaire or volunteer:

a) The Designated Liaison Person and the CEO will work in close co-operation with each other and with the Child and Family Agency and An Garda Síochána.

b) If a formal report is being made, the CEO will notify the staff member, stagiaire or volunteer that an allegation has been made and what the nature of the allegation is. The staff member, stagiaire or volunteer has a right to respond to this and this response should be documented and retained. EM Ireland will ensure that the principle of natural justice will apply whereby a person is considered innocent until proven otherwise.

c) The CEO will suspend the staff member, stagiaire or volunteer with pay (where appropriate). In the case where the staff member, stagiaire or volunteer is not suspended the level of supervision of the individual will be increased.

d) The CEO will liaise closely with Tusla Child and Family Agency and An Garda Síochána to ensure that the actions taken by EM Ireland will not undermine or frustrate any investigations.

e) The protective measures which can be taken to ensure the safety of children and young people can include the following:

• suspension of duties of the person accused;
• re-assignment of duties where the accused will not have contact with children / young people;
• working under increased supervision during the period of the investigation
• or other measures as deemed appropriate.

Section 5: Recruitment and Training

Putting in place good procedures in recruitment and training practice is a central element in ensuring the safety and welfare of all adults and young people involved in the organisation.

Recruitment

Named Service will not employ, contract or involve as a volunteer, any person to work with children or young adults who has a criminal conviction for violent crime, sexual crime, drugs related offences, or any other offences deemed inappropriate in relation to work with children.

In engaging staff (long-term, short-term or event-based), stagiaires or volunteers the following procedures will be followed:

• All adults working with young people directly, including those providing overnight supervision, will have received Garda vetting;
• Staff will be given a copy of the Child Protection Policy and will be asked to sign a document certifying that they have read it and agree to abide by its contents and that there is no reason why they would be considered unsuitable for working with children/young people (see Appendix 2).

Training

Induction training for any new staff will include training on the child protection policy.

Section 6: Working in Partnership with Other Organisations

In many instances, EM Ireland will work collaboratively with schools and other agencies in organising events with children/ young people involved. Where the event is being run in the name of EM Ireland, our Child Protection guidelines will apply.

Section 7: Data Protection

Under the Data Protection Act every person has a right to establish the existence of personal data, to have access to any such data relating to him and to have inaccurate data rectified or erased. EM Ireland’s Data Controller will ensure that data that is collected fairly, is accurate and up-to-date, is kept for lawful purposes and is not used or disclosed in any manner incompatible with those purposes.

All data in relation to child protection records collected must be stored in a safe and confidential manner in a secure locked cabinet. Only the Designated Liaison Person and the Deputy Designated Liaison Person will have access to this information.

Section 8: Code of Behaviour

• All staff members, stagiaires and volunteers must make themselves aware of the childcare service’s good practice guidelines and must be familiar with the overall child protection policy of the childcare service and sign up to it.
• EM Ireland must ensure that schools, partner agencies and parents of children involved with our work are informed of our policy and procedures.
• EM Ireland does not tolerate any bullying behaviour by children/ young people or adults and must deal with any incidents immediately. Where bullying amounts to any form of abuse it must be treated as such and be recorded and reported as appropriate.
• EM Ireland staff members, stagiaires and volunteers must show respect and understanding for the rights, safety and welfare of the children and young people.
• Staff members, stagiaires and volunteers must avoid working in isolation with children and favouritism.
• EM Ireland respects and promotes the principles of equality and diversity and must work with all children in a culturally sensitive way within the context of the Irish Constitution and law and the UN Convention on the Rights of the Child i.e. staff must never physically punish or be in anyway verbally abusive to a child, nor should they ever tell jokes of a sexual nature in the presence of children.

Section 9: Review

This Policy will be reviewed in 2022.

Appendix 1

Definition of Child Abuse

Child abuse is complicated and can take different forms, but usually consists of one or more of the following signs and symptoms:

Neglect can be defined in terms of an omission where the child suffers significant harm or impairment of development by being deprived of food, clothing, warmth, hygiene, intellectual stimulation, supervision and safety, attachment to and affection from adults, and or medical care.

“The threshold of significant harm is reached when the child’s needs are neglected to the extent that his or her well-being and/or development are severely affected”.

“Neglect generally becomes apparent in different ways over a period of time rather than at one specific point. For example, a child who suffers a series of minor injuries may not be having his or her needs met in terms of necessary supervision and safety. A child whose height or weight is significantly below average may be being deprived of adequate nutrition. A child who consistently misses school may be being deprived of intellectual stimulation”.

Emotional abuse is normally to be found in the relationship between a care-giver and a child rather than in a specific event or pattern of events. It occurs when a child’s need for affection, approval, consistency and security are not met. Emotional abuse can be manifested in terms of the child’s behavioural, cognitive, affective or physical functioning e.g. ‘anxious’ attachment, non-organic failure to thrive, unhappiness, low self-esteem, educational and developmental underachievement, and oppositional behaviour.

Examples may include:

• the imposition of negative attributes on a child, expressed by persistent criticism , sarcasm, hostility or blaming;
• conditional parenting in which the level of care shown to a child is made contingent on his or her behaviours or actions;
• emotional unavailability of the Childs parent/carer;
• unresponsiveness of the parent/carer and/or inconsistent or inappropriate expectations of the child;
• unrealistic or inappropriate expectations of the child’s capacity to understand something or to behave and control himself or herself in a certain way;
• under- or over-protection of the child;
• failure to show interest in, or provide age-appropriate opportunities for, the child’s cognitive and emotional development;
• use of unreasonable or over-harsh disciplinary measures;
• exposure to domestic violence;
• exposure to inappropriate or abusive material through new technology.

Physical abuse of a child is that which results in actual or potential physical harm from an interaction, or lack of interaction, which is reasonably within the control of the parent or person in a position of responsibility, power or trust. There may be single or repeated incidents. Physical abuse can involve:

• severe physical punishment;
• beating, slapping, hitting or kicking;
• pushing, shaking or throwing;
• pinching, biting, choking or hair pulling;
• terrorising with threats;
• observing violence;
• use of excessive force in handling;
• deliberate poisoning;
• suffocation;
• fabricated/induced illness;
• allowing or creating a substantial risk of significant harm to a child.

Sexual abuse occurs when “a child is used by another person for his or her gratification or sexual arousal or for that of others”.

Examples of child sexual abuse include:

• exposure of the sexual organs or any sexual act intentionally performed in the presence of the child;
• intentional touching or molesting of the body of a child whether by a person or object for the purpose of the sexual arousal or gratification;
• masturbation in the presence of the child in an act of masturbation;
• sexual intercourse with the child, whether oral, vaginal or anal;
• sexual exploitation of a child, which includes inciting, encouraging, propositioning, requiring or permitting a child to solicit for, or to engage in, prostitution or other sexual acts. Sexual exploitation also occurs when a child is involved in the exhibition, modelling or posing for the purpose of sexual arousal, gratification or sexual act, including its recording (on film or other media) or the manipulation, for those purposes, of the image by computer or other means. It may also include showing sexually explicit material to children, which is often a feature of the ‘grooming’ process by perpetrators of abuse;
• consensual sexual activity involving an adult and an underage person.

In relation to child sexual abuse. It should be noted that, for the purposes of the criminal law, the age of consent to sexual intercourse is 17 years for all genders. An Garda Síochána will deal with the criminal aspects of the case under the relevant legislation.

Reckless Endangerment is when a person having authority or control over a child or an abuser, who intentionally or recklessly endangers a child by:

(a) Causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or

(b) Failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation, is guilty of an offence’.

The above are some of the examples of abuse for more information see section 2 of Children First.

APPENDIX 2

Parental/Guardian Consent Form

For Participation in  ____________________________________________________

This parental consent covers the __________________________________________

I understand that there will be suitable supervision while the young people are

in the care of European Movement Ireland.

I understand that the proceedings may be photographed/videoed and used for promotional purposes.

Name of Child / Young Person: ____________________________________________

Address: _____________________________________________________________

Date of Birth: _____________________________________________

Gender:

Contact Phone Number(s): _______________________________________________

Name of School / Organisation:    _________________________________________

Other Relevant Information

(Please mention any medical conditions, special needs or dietary requirements)

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Contact details for parent/guardian

Name _____________________________________________________________

Daytime phone number: Code_______ Local No. ____________________________

Home phone number: Code_______ Local No. ______________________________

Mobile number: ______________________________________________________

Email: _______________________________________________________________

In case of a medical emergency:

In the event of illness or accident, I give permission for medical treatment to be administered where considered necessary by a suitably qualified medical practitioner and/or hospital. I understand that every effort will be made to contact me as soon as possible. In an emergency, I can be contacted at the following telephone numbers:

Signed: _______________________ Name (block letters) _____________________

(Guardian) (Guardian)

Relationship to Child/Young Person:

_____________________________________________

Signed: _______________________

(Young person)

Address: ______________________ Date: _____________________

APPENDIX 3

Standard Form For Reporting Child Protection and/or Welfare Concerns to the Child and Family Agency  

Private and Confidential

In case of emergency or outside HSE hours, contact should be made with An Garda

Síochána.

To Principal Social Worker/Designate:  ____________________________________

1. Details of Child

Name: ______________________________________________________________

Gender:

Address: _____________________________________________________________

Age/D.O.B.: ___________________________________________________________

School:_______________________________________________________________

Name of Parent/Guardian: ______________

Name of second Parent/Guardian (if applicable):  __________________

Care and custody arrangements regarding child, if known: _____________________________________________________________________

Household Composition:

Name ________________________________________________________________

Relationship to ________________________________________________________

Child Date of Birth  _____________________________________________________

Additional Information eg School/Occupation  _______________________________

Note: A separate report form must be completed in respect of each child being reported.

2. Details of concern(s), allegation(s) or incident(s), dates, times, who was present, description of any observed injuries, parent’s view(s), child’s view(s) (if known).

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Details of person(s) allegedly causing concern in relation to the child

Name: ___________________________________

Age:

Gender:

Address:______________________________________________________________

Relationship to Child: ___________________________________________________

Occupation:___________________________________________________________

4. Name and Address of other personnel or agencies involved with this child:

Social Worker(s): _________________________

School: ________________________________

______________________________________ _______________________________________

Public Health Nurse: _____________________

Gardaí: ________________________________

GP: __________________________________

Pre-School/Crèche/Youth Club:________________________________

Hospital: ______________________________________________________________________

Other, Specify e.g. Youth Groups, After School Clubs: _____________________________________________

5. Are Parents/Legal Guardians aware of this referral to the Social Work Department?

Yes                    No

If yes, what is their attitude? __________________________________________________________________

6. Details of Person Reporting Concerns:

Name: _______________________________ Occupation: _____________________________

Address: _____________________________________________________________________

Telephone Number: _____________________________________________________________________

Nature and extent of contact with Child/Family: ___________________________________________________

7. Details of Person completing form:

Name: _______________________________

Date: ________________________________

Occupation: ___________________________

Signed: _______________________________

Data Privacy Notice for Website

European Movement Ireland (EM Ireland) (‘the Data Controller’) is committed to ensuring full compliance with our obligations under the General Data Protection Regulation (GDPR) and relevant Irish legislation. This Privacy Statement sets out how we deal with your personal data.

Your personal data

Your personal data is any information that can directly or indirectly identify you e.g. name, email address, phone number.

Your rights

EM Ireland is committed to protecting your rights under GDPR, these include:

• The right to be informed about the data held and how it is used;
• The right to access any of your personal data held by us;
• The right to have any inaccuracies in your personal data corrected;
• The right to have your personal data deleted;
• The right to place restrictions on how your data is processed by us;
• The right to instruct us to transfer your data to a third party;
• The right to object to the inclusion of any information;
• The right to regulate any automated decision-making and profiling of personal data.

Types of data we hold

The data we collect on you is data which you provide to us when you subscribe to one of our newsletters, attend or book a place at one of our events, fill out a feedback form, apply for a job or a stage, or join as a member.  These may include your name, email, phone number, organisation, or job title.

Why we collect your data

We keep personal data for the following purposes:

• To communicate with you about activities, publications and news that may be of interest to you;
• To invite you to events and opportunities that may be of interest to you;
• To improve the services, events and information we offer;
• To conduct normal recruitment processes;
• To provide you with membership services.

Your personal data may also be anonymised and used for statistical purposes.

Sharing your personal data

In certain circumstance, we need to share personal data in compliance with in pursuit of legitimate interests of EM Ireland, for example the use of processors to manage communications, surveys or the secure storage of your data. Where EM Ireland engages third parties to process data on its behalf, it will ensure via a data processing agreement with the third party, that the third party takes the measures necessary to maintain the organisation’s commitment to protecting data.

International Transfer

All personal data is stored within the European Economic Area or countries that have been designated as adequate by the European Commission. We will not transfer any data to a third country or international organisation without your explicit consent and without appropriate privacy safeguards in place.

How long do we keep your data?

We keep data in accordance with the guidance set out within our formal records retention policies and do not maintain data beyond what is absolutely required by law.

Changes to our policy

In case we make essential changes to the privacy policy, you will be notified through our website or e-mail.

Further information

For further information please contact the EM Ireland Data Protection Representative via email info@europeanmovement.ie or by writing to: Data Protection, European Movement Ireland, 8 Lower Fitzwilliam St, Dublin 2, D02 W426.

Complaints

You can contact the Data Protection Commissioner (Ireland) on 01 7650100 / 1800437 737 , via the Commission’s online webforms here or by writing to: The Data Protection Commissioner, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland.