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Friday, 25 August 2017

REPORT TO
MEMBERS OF
THE JOINT COMMITTEE
OF THE OIREACHTAS
ON CHILDREN AND YOUTH AFFAIRS


Mr Fred McBride Chief Executive Tusla
Child and Family Agency

The legal context – management of allegations of abuse One of the most significant challenges facing Tusla on establishment was the management of allegations of abuse, particularly those when an adult comes forward with an allegation of abuse which happened to them as a child. The State has unequivocal duties to children who are not receiving adequate care and protection. These obligations arise from the Constitution and have been placed on a statutory footing in the form of the ‘Child Care Act 1991’. The Act provides a legislative framework for best promoting the welfare of children and confers both statutory powers and duties upon Tusla. However, there is no specific provision within the Act to conduct assessments of abuse perpetrated against children In the vacuum of a legislative provision, Tusla conducts its assessments in accordance with its policy, which is, in turn, informed and shaped by case law and best practice. Currently, on receipt of a referral or allegation of abuse, Tusla will assess the allegation in line with its policy and established procedures. In conducting such assessments, the sole objective of Tusla is to identify, and thereafter manage, any risk posed to children. The function of Tusla is not the detection and prosecution of a criminal offence, the administration of justice or a finding of innocence or guilt. These are matters reserved for An Garda Síochána, the Director of Public Prosecutions and the Courts of Criminal Justice. Go to:The Complete Report

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