Child Protection and Welfare Practice Handbook - Health Service ...

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Child Protection and Welfare Practice Handbook
Intra-familial and Extra-familial
Mr Justice Barr did not limit this duty to acting in the interest of specific
identified or identifiable children who are already at risk of abuse and
require immediate care and protection. The duty extends to children not yet
identifiable who may be at risk in the future by reason of a specific potential
hazard to them which the HSE reasonably suspects may come about in the
future.
The HSE has a positive duty to investigate all allegations of abuse, including:
suspected abuse within families;
• suspected extra-familial abuse;
• suspected retrospective abuse.
•
Retrospective disclosures by adults
The duty of the HSE is not limited by the fact that a disclosure is made by an
adult of abuse suffered during their childhood since the HSE’s duty includes
the prevention of future risk.
Alleged abuser does not currently have access to children
The HSE should not delay or defer an investigation on the basis that an
alleged abuser does not currently have access to children since this might
significantly hamper its ability to investigate the allegations.
Coordination of information and interagency cooperation
The statutory duty of the HSE is entirely separate from the prosecutorial
functions of the Gardaí and the DPP. The HSE should during its investigation
liaise with the Gardaí. The HSE may be entitled to rely on a criminal conviction
as evidence that a person may pose a risk to children.
General
Section 3 also states that the HSE, in carrying out its child protection function, will:
• regard the welfare of the child as paramount;
• give consideration to the wishes of the child having regard for his age
and understanding;
• have regard for the rights and duties of parents;
• have regard for the principle that it is generally best for the child to be
brought up in his own family.