11.9 Child Abuse
The number of cases of child abuse coming before the courts in recent years would suggest that physical abuse and sexual abuse of children are not uncommon. Teachers are regularly exhorted to watch out for signs of abuse, and there are guidelines from the Department of Education and Science as to the procedures which should be followed by school authorities where it is suspected or alleged that abuse has occurred. (See C.L. 41/92 - Procedures for Dealing with Allegations of Child Abuse).
The recommended procedures include the following:-
a) if a teacher receives an allegation or has a suspicion that a child is being abused, s/he should report the matter to the Principal or to the Chairperson of the Board of Management;
b) if the matter is reported to the Principal, and s/he accepts that there are reasonable grounds for the suspicion or allegation, s/he should inform the Chairperson of the Board of Management;
c) the Chairperson, together with the teacher, should report the matter to the local Health Board (to either the Director of Community Care or to the Medical Officer of Health).
N.B. It is essential that, at all times, the matter be treated in the strictest confidence. The communication of information must be confined to those who have an obligation to receive it, and third parties should not be privy to allegations unless it is necessary to involve them as matters unfold.
The investigation of suspected abuse is not, under any circumstances, a matter for the school, and under no circumstances should the school staff make any enquiries.
Allegations of Abuse against a Student
If there are allegations or suspicions that a child is being abused by a student of the school, the same procedure as outlined above should be followed.
Allegations of Abuse against an Employee of the School
If a teacher receives an allegation or has a suspicion that a student is being abused by an employee of the school, s/he should, in the first instance, report the matter to the Principal and to the Chairperson of the Board of Management. In exceptional circumstances, the teacher should report directly to the Chairperson.
The Chairperson should inform the employee concerned of the suspicion or allegation which has been made. If it appears to the Chairperson that there are reasonable grounds for the suspicion or allegation, s/he should afford the employee concerned an opportunity to respond and should report the matter to either the Director of Community Care or to the Medical Officer of Health in the local Health Board. The report should include the employee’s response, if the employee so desires.
It is important to emphasise that the Board of Management has a duty of care to the student, who has been subjected to, or is alleged to have been subjected to, abuse, and to the general body of students. Therefore, where a person is alleged to have abused a student, the Board of Management must ensure that the alleged abuser is removed forthwith from contact with the alleged injured student and from contact with the body of students. In the case of an employee, this may involve suspension with pay pending the outcome of an enquiry.
The Board of Management should also contact the Department of Education and Science, obtain legal advice and consult the current guidelines from the Department.
Information Required by a Health Board
When child abuse is suspected, it is essential to have a record of all the information available. Staff should record, in writing, what they observed and when they observed it. Signs of physical injury should be described in detail or sketched. Any comment by the child concerned, or by an adult who might be the abuser, about how an injury occurred should be recorded, preferably quoting words actually used, as soon as possible after the comment has been made.
Handling Disclosures from Students
An abused student is likely to be under severe emotional stress, and a teacher may be the only adult whom the student is prepared to trust. When information is offered in confidence, the teacher will need tact and sensitivity in responding to the disclosure. The teacher will need to reassure the student and retain her/his trust, while explaining the need for action and the possible consequences which will necessarily involve other adults. It is important to tell the student that everything possible will be done to protect and support her/him, but not to make promises that cannot be kept, e.g. promising not to tell anyone else.