Sir, - I would like to address some of the concerns outlined by Professor Denis G. Gill (January 30th) regarding the mandatory reporting of child abuse.
"It allows for no element of professional judgement." What mandatory reporting recognises is that judgement needs to be made by professionals specifically authorised to deal with child abuse; and that when there is a suspicion of abuse the onus is on all childcare professionals to report directly to those with the necessary expertise.
"Those in favour of mandatory reporting have failed to define what they want reported." In line with the 1993 Kilkenny incest report, the CARI Foundation believes that reasonable suspicion of child abuse should be sufficient grounds for reporting. Furthermore, there is an obligation to report even if suspicion is based on a retrospective source. Determining what is a reasonable suspicion will call on a significant element of professional judgement and any legislation will need to give clear guidelines on what should objectively be considered a reasonable suspicion.
"It would induce a severe loss of confidence in doctors and nurses among many groups of people, especially the deprived, and that it will also result in a flood of claims for compensation in the event of unproven allegations." Both these claims are hypothetical and prioritise adult concerns over those of children. It should be emphasised that, in dealing with child abuse cases, the protection of children is paramount and has to come before any adult interests.
I would have thought, however, that doctors, nurses and other professionals dealing with children would feel supported by mandatory reporting as it allows them to pass the responsibility to those with the necessary expertise and statutory power to protect children.
"Where is the evidence that mandatory reporting prevents child abuse?" To my knowledge there is none and I have not yet heard any advocate of mandatory reporting present it as a panacea for child abuse. However, we do know that the number of substantiated cases have increased by thousands in countries where there is mandatory reporting. In the US all states have mandatory reporting laws and the 1992 US figures are nearly 12 times the per capita reporting rate in Ireland.
Mandatory reporting is not "bad law" as Prof Gill claims. It is fundamentally about making the procedures for dealing with suspected cases of child abuse unambiguous to any professionals working with children, and ensuring that skilled specialists are responsible for their further investigation.
I believe the most spurious reason given for not introducing mandatory reporting is the inadequate resources at present available for Child Protection and Welfare. When are we going to learn that caring for our children makes good economic sense? As long as sufficient finances are not made available, I understand the concern of colleagues who oppose the introduction of mandatory reporting as an already over-stretched service will not be able to cope with extra demand. - Yours, etc.,
Jean Manahan,
National coordinator, The CARI Foundationfor Sexually Abused Children, Lower Drumcondra Road, Dublin 9.