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

Social Work Procedures and Practice
Where the HSE suspects that a child has been or is being physically or
sexually abused or wilfully neglected, An Garda Síochána must be formally
notified in accordance with the procedure set out in Paragraph 7.4.5 of the
Children First: National Guidance (2011).
Where An Garda Síochána suspects that a child has been or is being the
victim of emotional, physical or sexual abuse or neglect (whether wilful or
unintentional), the HSE must be formally notified in accordance with the
procedure set out in Paragraph 7.7.4 of the Children First: National Guidance
(2011). It is not necessary for An Garda Síochána to have sufficient evidence
to support a criminal prosecution before notifying the HSE.
An Garda Síochána is vested with the power to remove a child to safety under
Section 12 of the Child Care Act 1991. Where a member of the Gardaí has
reasonable grounds for believing that there is an immediate and serious
risk to the health or welfare of a child and it would not be sufficient for the
protection of that child from such immediate and serious risk to await the
making of an application for an Emergency Care Order by the HSE under
Section 13 of the Child Care Act 1991, the Garda may remove the child.
Where a child has been removed by An Garda Síochána under Section 12,
the child shall be delivered into the custody of the HSE as soon as possible.
Relationship between HSE and An Garda Síochána
The functions and roles of HSE personnel and An Garda Síochána are
different. It is important that all personnel in both services work closely and
collaboratively to ensure the protection and welfare of children, which is
of paramount importance. It is critical that close working relationships are
maintained to facilitate the clear roles and functions of both organisations and
that all criminal investigations are supported, not impeded.
An allegation of extra-familial abuse will inevitably involve allegations of
criminal activity. Thus, the need for close liaison between the HSE and An
Garda Síochána is crucial. In relation to this, Section 7.10 of Children First:
National Guidance (2011) specifies the following:
7.10 Assessment and investigation of cases
7.10.1 It is essential that enquiries by the HSE and An Garda Síochána
should be coordinated to ensure that:
(i) the welfare of the child is protected;
(ii) everything possible is done to assist the criminal investigation
and protect the available evidence;
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