Tusla rule on allegations largely not followed, sources claim

Tusla’s policy on responding to child sex-abuse allegations, which says an alleged perpetrator must be told in all but exceptional circumstances, is not being implemented “in most areas”, according to senior sources.

The Policy and Procedure for Responding to Allegations of Child Abuse and Neglect was approved by Tusla, the Child and Family Agency, in September 2014 but met with immediate resistance from social workers, many of whom felt it tipped the balance of rights too far in favour of alleged abusers.

In response, on November 26th, 2014, Tusla chief executive Fred McBride contacted all area managers to say that a “short life group would be convened . . . to support the implementation of the policy”.

The group would “examine challenges to certain aspects of implementation with a view to solution”. Training would be provided, he added.

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The group completed its work in March 2016, providing guidelines and implementation tools.

A key issue in the treatment of Garda whistleblower Sgt Maurice McCabe is that Tusla kept a file on an adult’s allegation that he sexually abused her as a child – a retrospective allegation – for 18 months without informing him.

Senior sources within Tusla are concerned that a policy designed to ensure this does not happen has not been implemented in most regions.

“The aim of the policy was the ensure in so far as possible that an alleged abuser would be shown fair procedure . . . and natural justice would prevail,” said one.

Staff intranet

Though the policy document on Tusla's staff intranet is not publicly available, The Irish Times has seen it and correspondence from senior staff concerned about its lack of implementation.

Referring to an alleged abuser’s constitutional rights, the policy says the agency must ensure that “all persons who have allegations made against them are treated fairly with due consideration given t their right to know who has made the allegations, the nature of the allegations and the right to reply to them”.

“Engagement with the alleged abuser is a crucial part of the assessment process,” it says. And it is important to inform a person of a retrospective allegation to protect their rights and to establish whether they have ongoing contact with children, it adds.

The policy states: “The response to an allegation by an adult of abuse experienced as a child must be of as high a standard as that provided to current abuse concerns, because there is possibility that a person who abused a child in the past is likely to have continued abusing children and may still be doing so.”

In an email dated February 15th, 2016 a senior manager in child protection warned Pamela Benson, head of legal services, that as Tusla is "publicly stating it is applying" the policy, "it will surely be the standard the agency will be challenged against . . . regardless of the local response to the implementation requirement".

Without guidelines

A source said: “The position currently is that the policy is not being implemented in most areas and the areas where it is being attempted are without guidance . . . since the group concluded in March 2016. It means any person in the State could have serious allegations of sexual abuse made against them and they would never know.

“This could happen even in a situation where there is evidence of several malicious allegations. Anyone could be the victim of scandal-mongering and reputational damage without an opportunity to defend themselves.”

A Tusla spokeswoman, asked if the policy was being implemented in all areas, said it was “being implemented by Tusla staff across the country”.

“In line with Tusla policy and following a request from the operational managers, it was agreed to undertake a review of elements of the policy, develop additional guidance, and enhance this with specific training,” she said. “This is currently under way.

“All senior managers in Tusla have been fully briefed on the policy and procedures, and it is included in legal training for frontline staff.”