Ó Bhéal’s Child Protection Policy

(Since July 2013. Last updated September 2019.)

Ó Bhéal is strongly committed to safeguarding the well-being of all the children and young people with whom it works. Ó Bhéal works to ensure an encouraging, engaging environment, even inspiring, obliquely educational, if not one of continual discovery for each of the workshop participants, while at all times ensuring their safety and welfare. All workshop facilitators are poets who act as assisting writers (as opposed to teachers) and carry into the creative space an abundance of writing experience, accolades and strong publication and workshop backgrounds.

Ó Bhéal’s Child Protection Policy is based upon and follows the principles of the Department of Children and Youth Affairs Child Protection Policy, as outlined in Children First: National Guidance for the Protection and Welfare of Children (2017), Our Duty to Care – The Principles of Good Practice for the Protection of Children and Young People and Poetry Ireland’s Guidelines for the Protection and Welfare of Children and Young People in the Arts Sector. In accordance with these principles, it is good practice (at the very least) for all organisations that have contact with children and young people to introduce a child protection policy/protocol. This helps to provide safeguards and support for the participant children or teenage writers, as well as for the assisting writers, school teachers and library staff when they are working together.

Ó Bhéal actively ensures that garda vetting procedures are adhered to for each and every project and poet chosen to provide workshops for writers under the age of 18. Garda Vetting for the Unfinished Book of Poetry project is facilitated by Cork City Libraries, Ó Bhéal, the Cork City Council Arts Office, Create Ireland and An Garda Siochána. The mandated person and ‘Designated Liaison Person’ appointed for Ó Bhéal in line with Children First Act 2015 is Paul Casey and our ‘Deputy Designated Liaison Person’ is Julie Field.

Paul Casey is the Mandated person at Ó Bhéal with the resposibility of Child Protection. Paul can be contacted at 0857126299 or info [at] obheal.ie

Definitions and Signs of Abuse and Reporting

“The Agency” herein refers to Tusla – The Child and Family Agency.

Section 14(1) of the Children First Act 2015 states:

‘…where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession as such a mandated person, that a child–
(a) has been harmed,
(b) is being harmed, or
(c) is at risk of being harmed,
he or she shall, as soon as practicable, report that knowledge, belief or suspicion, as the case may be, to the Agency.

’Section 14(2) of the Children First Act 2015 also places obligations on mandated persons to report any disclosures made by a child:

‘Where a child believes that he or she–
(a) has been harmed,
(b) is being harmed, or
(c) is at risk of being harmed,
and discloses this belief to a mandated person in the course of a mandated person’s employment or profession as such a person, the mandated person shall, … as soon as practicable, report that disclosure to the Agency.

’Section 2 of the Children First Act 2015 defines harm as follows:

‘harm means in relation to a child–
(a) assault, ill-treatment or neglect of the child in a manner that seriously affects, or is likely to seriously affect the child’s health, development or welfare, or,
(b) sexual abuse of the child.’

Reckless endangerment of Children is defined in the Criminal Justice Act 2006, section 176, as follows:

176.—(1) In this section—

“ abuser” means an individual believed by a person who has authority or control over that individual to have seriously harmed or sexually abused a child or more than one child;

“ child” means a person under 18 years of age, except where the context otherwise requires;

“ serious harm” means injury which creates a substantial risk of death or which causes permanent disfigurement or loss or impairment of the mobility of the body as a whole or of the function of any particular member or organ;

“ sexual abuse” means an offence under paragraphs 1 to 13 and 16(a) and (b) of the Schedule to the Sex Offenders Act 2001 .

(2) A person, having authority or control over a child or abuser, who intentionally or recklessly endangers a child by—

(a) causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or

(b) failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation,

is guilty of an offence.

(3) Where a person is charged with an offence under subsection (2), no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both.

Offence of withholding information on certain offences against children.

(from the Criminal Justice Act 2012, Section 2)

Subject to this section, a person shall be guilty of an offence if—

(a) he or she knows or believes that an offence, that is a Schedule 1 offence, has been committed by another person against a child, and

(b) he or she has information which he or she knows or believes might be of material assistance in securing the apprehension, prosecution or conviction of that other person for that offence, and fails without reasonable excuse to disclose that information as soon as it is practicable to do so to a member of the Garda Síochána.

(2) Subsection (1) applies only to information that a person acquires, receives or becomes aware of after the passing of this Act irrespective of whether the Schedule 1 offence concerned was committed before or after that passing.

(3) The child against whom the Schedule 1 offence concerned was committed (whether or not still a child) shall not be guilty of an offence under this section.

(4) This section is without prejudice to any right or privilege that may arise in any criminal proceedings by virtue of any rule of law or other enactment entitling a person to refuse to disclose information.

(5) For the avoidance of doubt it is hereby declared that the obligation imposed on a person by subsection (1) to disclose information that he or she has to a member of the Garda Síochána is in addition to, and not in substitution for, any other obligation that the person has to disclose that information to the Garda Síochána or any other person, but that subsection shall not require the first-mentioned person to disclose that information to the Garda Síochána more than once.

Reasonable Grounds for Concern (HSE – Putting Children First)

Reasonable grounds for a child protection or welfare concern include:

– Evidence, for example an injury or behaviour, that is consistent with abuse and is unlikely to have been caused in any other way.

– Any concern about possible sexual abuse.Consistent signs that a child is suffering from emotional or physical neglect.

– A child saying or indicating by other means that he or she has been abused.

– Admission or indication by an adult or a child of an alleged abuse they committed.

– An account from a person who saw the child being abused.

Reporting and Retrospective Disclosure

Should a concern arise about a child, it is Ó Bhéal’s legal responsibility to make a decision as to whether the concern meets the threshold for a mandated report under the Children First Act 2015 or not.

The Children First Act 2015 requires mandated persons to report a mandated concern to Tusla “as soon as practicable”. The Children First Act requires Tusla to appoint authorised persons to receive mandated reports. Authorised persons are obliged to acknowledge in writing all mandated reports they receive.

If we feel urgent intervention may be required to make the child safe, Ó Bhéal’s mandated person will alert Tusla of the concern in advance of submitting a written report. We will then endeavour to submit a mandated report to Tusla on the report form or via the web portal within three days.

If we are unsure as to whether the concern reaches the legal definition of harm for making a mandated report, Ó Bhéal’s mandated person will discuss the concern with a Tusla social worker and act upon their advice. Should a report then be made to Tusla, said report will not be made anonymously.

Tusla has two forms for reporting child protection and welfare concerns – the Child Protection and Welfare Report Form (CPWRF) and the Retrospective Abuse Report Form (RARF). The Child Protection and Welfare Report Form is to be completed and submitted to Tusla for concerns about children under the age of 18. The Retrospective Abuse Report Form is to be completed and submitted to Tusla for cases of adults disclosing childhood abuse, aka Retrospective Abuse. Both these Forms can be completed online using the Tusla Portal.

Confidentiality

Ó Bhéal follows the Tusla guidelines (Child Safeguarding), with respect to confidentialty procedures.

– Where child protection and welfare concerns arise, information must be shared on a ‘need to know’ basis in the best interest of the child/young person with the relevant statutory authorities and with parents/guardians.

– No undertakings regarding secrecy can be given. Those working with children/youngpeople and families and in adult services should make this clear to parents/guardiansand to the child/young person.

– The proportionate provision of information to the statutory agencies necessary for the protection of a child is not a breach of confidentiality or data protection.

– Parents/guardiansand children/young people have a right to know if personal information is being shared, unless doing so could put the child/young person at further risk or may put the reporter at risk.

Allegations Against Staff

Ó Bhéal follows the Tusla guidelines (Child Safeguarding), with respect to procedures following allegations against staff.

Ó Bheal’s procedure for responding to allegations of abuse made against workers/volunteers, takes the following into account:

– The priority is to protect the child/young person while taking account of the worker/volunteer’s right to due process. ‘Protective measures’ do not presume guilt.

– It is recommended that the same person should not have responsibility for dealing with the child protection reporting procedure and the employment/contractual issues.

– The agreed reporting procedureshould be followed by mandated persons and/or the DLP. Generally the CEO/Chairperson of the Board (or equivalent) or the human resource department will manage procedures relating to employment issues (including any internal investigation).

– Any action taken should consider the applicable employment contract and the rules of natural justice.

– When an allegation is made against a worker/volunteer a quick resolution should be sought for the benefit of all concerned.

– The procedures for dealing with allegations of abuse against workers/volunteers should be objectively applied in a consistent manner.

– All stages of the process must be recorded.

– Care must be taken by the employer to ensure that any actions or investigations do not prejudice or compromise the statutory investigation or assessment.

– Close liaison should be maintained between the employer and Tusla and An Garda Síochána (where appropriate).

Code of Behaviour for Staff Working with Children and Young People

It is important for all employees and volunteers and others in contact with children to:

– Treat all children with respect

– Provide an example of good conduct you wish others to follow

– Operate within the church principles and guidance and any specific procedures

– Be visible to others when working with children whenever possible

– Challenge and report potentially abusive behaviour

– Develop a culture where children can talk about their contacts with staff and others openly

– Respect each child’s boundaries and help them to develop their own sense of their rights as well as helping them to know what they can do if they feel that there is a problem

– Seek parental consent for taking and using photography

In general, it is inappropriate to:

– Spend time alone with children

– Take children to your own home

Employees,volunteers and others must never:

– Hit or physically assault or abuse children

– Develop sexual relationships with children

– Develop relationships with children which could in any way be deemed exploitative or abusive

– Act in ways that may be abusive or may place a child at risk of abuse

Employees, volunteers and others must avoid actions or behaviour that could be construed as poor practice or potentially abusive. For example, they should never:

– Use language, make suggestions or offer advice which is inappropriate, offensive or abusive

– Behave physically in a manner which is inappropriate or sexually provocative

– Have a child/children with whom they are working to stayovernight at their home

– Sleep in the same room or bed as a child with whom they are working

– Do things for children of a personal nature that they can do for themselves

– Condone, or participate in, behaviour with children which is illegal, unsafe or abusive

– Act in ways intended to shame, humiliate, belittle or degrade

– Discriminate against, show different treatment, or favour particular children to the exclusion of others.

Discipline and dealing with challenging behaviour

Ó Bhéal follows the following ‘Our Duty to Care’ guidelines from Tusla.

The use of discipline with children should, as far as possible, be in the form of positive reinforcement.Rules about discipline and sanctions should be agreed as part of the policy of the organisation, andaccepted by all workers and children as a condition of becoming involved with the organisation. It isrecommended that every organisation develop a policy on bullying that is known to and accepted byeveryone. Sanctions should be implemented consistently, fairly and firmly and not used as threats, andchildren should be helped to understand why they are being imposed. When a sanction has beenimposed, it is important that a child is able to feel that she or he is still valued.

Sometimes, children can be disruptive and their behaviour can be challenging. When it happens, it canput the safety of the child him or herself at risk, as well as that of other children and workers. Workersneed to be trained and prepared for coping with disruptive behaviour.

It is recommended that:

– More than one worker is present when challenging behaviour is being dealt with

– A record is kept in an incident book, describing what happened, the circumstances, who wasinvolved, and any injury to a person or to property and how the situation was resolved.

Safe Management of Activities

Ó Bhéal follows the following ‘Our Duty to Care’ guidelines from Tusla.

Safe management practices will not only enable an organisation to run smoothly and efficiently, but itwill also help to minimise the opportunities for accidents or harm to happen to children. The followingpointers should be considered:

Know the children:

– Have defined criteria for membership of the organisation,

– Have a registration system for each child●Keep a record on each child, including medical details, any special needs and emergencycontact telephone numbers.

Keep records of:

– Attendance

– Accidents – keep an incident book (accident records should be reviewed regularly andany unusual patterns reported to senior management)

– Consent forms

– Any complaints or grievances

Know the workers:

– Follow thorough recruitment and selection procedures, as outlined in Section Three

– Have a work schedule displayed so that everyone knows who is on duty

– Respond to any allegations or complaints made about workers

– Make sure there are always sufficient workers of either sex to supervise activities

Pay attention to health and safety matters making sure that:

– Any buildings being used are safe and meet required standards

– There is sufficient heating and ventilation

– Toilets, shower areas and washing facilities are up to standard

– Fire precautions are in place

– First aid facilities and equipment are adequate

– There is access to a phone

– Equipment is checked regularly

– Insurance cover is adequate

Supervising children in all activities:

– Children are less likely to experience accidents or other harms if they are supervised properly.Activities should be organised so that they maximise participation, fun and learning, but also safety. So it is important to ensure that

– Children are not normally left unattended●Adequate numbers of workers of both sexes are available to supervise the activities

– Workers know at all times where children are and what they are doing

– Any activity using potentially dangerous equipment has constant adult supervision

– Dangerous behaviour is not allowed

If the activities involve staying away from home overnight, attention should also be paid to the following:

– Safe methods of transport

– Adequate insurance, to cover all aspects of the trip

– Written parental consent (for each individual trip)

– Any information about the children which may be relevant to staying away overnight, likeallergies, medical problems, or special needs

– Appropriate and well supervised sleeping arrangements

– Respect for the privacy of children and young people in dormitories, changing rooms,showers and toilets.

Mandated Person

The co-ordinator of The Unfinished Book of Poetry project, Ó Bhéal director Paul Casey facilitates creative writing at all ages and levels and works via Poetry Ireland’s Writers in Schools scheme. He has attended the child protection best practice and policy guidelines course provided by the Arts Council and Health Services Executive. In December 2017 he was appointed as the Garda Vetting Officer for Ó Bhéal via the Public Participation Network and the Cork Volunteer Centre. For more please refer to Ó Bhéal’s Garda Vetting Policy.

For more detailed information about Child Protection Procedures, Policies and Guidelines, refer to the following links:

Department of Children and Youth Affairs Child Protection Policy Jan 2011

Children First: National Guidance for the Protection and Welfare of Children (2017)

Criminal Justice Act 2006

Child Protection Procedures for Primary and Post-Primary Schools

Child Protection and Welfare Practice Handbook

Poetry Ireland’s Child Protection Policy

 


 

Ó Bhéal’s Garda Vetting Policy

(Since December 2017)

Policy Statement

Ó Bhéal is committed to the protection and welfare of young writers, as well as all children and vulnerable adults with whom it works. As part of this commitment, Ó Bhéal will comply with relevant legislation and recommended best practice in recruitment and selection procedures for both employees and volunteers, and will conduct Garda Vetting, where appropriate, as part of this process.

Purpose

The purpose of this document is to provide information and guidance on Garda Vetting procedures within Ó Bhéal.

Scope

This policy applies to Ó Bhéal employees and volunteers who will carry out “relevant work” with children and/or vulnerable adults as defined in the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012. (See Appendix) Responsibility for ensuring this policy is effectively implemented rests with Paul Casey, the director of Ó Bhéal. All other staff members and volunteers in Ó Bhéal are expected to facilitate and support the implementation of this policy.

Glossary of Terms and Definitions

Garda Central Vetting Unit (GCVU) / National Vetting Bureau – is the national unit of the Garda Síochána which conducts vetting of applicants to ascertain whether applicants have prior convictions and / or prosecutions. The GCVU will be known as the “National Vetting Bureau” following the commencement of the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 to 2016.

Garda Vetting: This is the process by which the GCVU discloses details regarding “all prosecutions, successful or not, pending or completed, and/or convictions” in respect of an individual and with that individual’s consent to their prospective employer and/or the organisations with which they wish to volunteer. (Please note, when the National Vetting Bureau Bill is commenced unsuccessful convictions may not be disclosed.)

Authorised Signatory/Liaison Person – is the person who is nominated to apply for and receive vetting disclosures on behalf of applicant organisations. The Authorised Signatory/Liaison Person may be nominated to act for a consortium of organisations (e.g. Volunteer Centre A.S.) or from a representative body for a group of organisations (e.g. NYCI). The Authorised Signatory will be known as the “Liaison Person” following the commencement of the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 to 2016.

Natural Justice – There are essentially two sections to the Rules of Natural Justice, the first being derived from the Latin maximum “audi alteram partem” (let the other side be heard). This is the duty to allow persons affected by a decision to have a reasonable opportunity of presenting their case. The second part of the Rules of Natural Justice is derived from the Latin maxim “nema judex in causa sua” (no one can be the judge in his own cause). This gives rise to a duty to act fairly, to listen to arguments, and to reach a decision in a manner that is untainted by bias. (NUI, Galway)

Child – a person under the age of 18 years.

Vulnerable Adult – a person, other than a child who – Is suffering from a disorder of the mind, whether as a result of mental illness or dementia, Has an intellectual disability Is suffering from a physical impairment, whether as a result of injury, illness or age, or Has a physical disability, which is of such a nature or degree as to restrict the capacity of the person to guard himself or herself against harm by another person, or, that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

Principles

Garda Vetting is just one of a number of elements that Ó Bhéal implements to ensure the protection and safety of the children and/or vulnerable adults in Ó Bhéal care. Appropriate recruitment screening (including interviews, reference checking), child protection and health and safety procedures, etc. will be implemented along with Garda Vetting.

An individual will not work / volunteer with children or vulnerable adults in Ó Bhéal until their Garda vetting has been completed and the results conveyed to the organisations Garda Vetting Officer by the Authorised Signatory / Liaison Person.

Having a criminal record will not automatically exclude an individual from employment/volunteering unless they relate to the offences outline in Section 10. Decisions on whether to involve an individual with prior criminal convictions will take into account:

the individuals abilities, skills , experiences and qualifications;
the nature of the conviction and its relevance to the job;
the length of time since the offence took place;
the risk to the service users, employees and organisation;
training which may have occurred since the time individual’s offence

Ó Bhéal will employ a Natural Justice framework in dealing with any disclosures of convictions.

Vetting Applications Process

All vetting applications for employment/volunteer roles with Ó Bhéal shall be processed by an Authorised Signatory/Liaison Person who is trained by the Garda Vetting Unit in the management of Vetting applications and disclosures. Ó Bhéal has appointed Cork Volunteer Centre to act as Authorised Signatory / Liaison Person on its behalf.

Ó Bhéal will nominate one staff member / Board Member / Steering Committee member to act as the ‘Garda Vetting Officer’ (GVO). The responsibilities of the GVO include:

Assessing when Garda vetting is necessary for each employment position/volunteer role i.e. the role involves “relevant work” with children or vulnerable adults as specified in the National Vetting Bureau (Children and Vulnerable Persons Bill) 2012 to 2016.

Ensuring that candidates for employment positions/volunteer roles are provided with the correct Garda vetting forms and that the forms are completed accurately and in full, prior to submitting them to the Authorised Signatory.

Verifying the identity of the person submitting the vetting application by checking relevant ID (e.g. passport, driving licence)

Ensuring all personal information in relation to vetting is kept confidentially and in compliance with Data Protection legislation and best practice

That Ó Bhéal staff / volunteers are aware of the organisation’s Garda Vetting Policy.

Ó Bhéal will nominate 3 representatives from the staff / Board / Steering Committee to make up the “Garda Vetting Committee”. The responsibilities of the Committee includes:

Ensuring organisational compliance with the Garda Vetting policy
Assisting the Garda Vetting Officer to make decisions on the suitability of candidates following the disclosure of convictions via the Garda vetting process.

If the individual being vetted is over the age of 16 and under the age of 18, they are required to have a completed parent / guardian consent form which must be submitted along with their vetting application form.

Ó Bhéal will not accept historical vetting information from employment / volunteer candidates or from their previous employers / volunteer managers. Each new employer / volunteer must be vetted via the Ó Bhéal vetting process, even if engaging an individual already vetted elsewhere. Ó Bhéal will require all of its existing staff/volunteers to be re-vetted at regular intervals of __ (e.g. three) years

Vetting Disclosures Process

On return from the GCVU / National Vetting Bureau the forms will be processed by the nominated AS / Liaison Person who will inform Ó Bhéal Garda Vetting Officer by letter / email of the results.
The Authorised Signatory / Liaison Person will pass on a copy of any possible or probable convictions to the Garda Vetting Officer for their consideration, and this document will be held confidentially.

Where there are no convictions, an offer of a position of employment/voluntary role will be issued to the candidate in line with Ó Bhéal other screening/recruitment procedures.

Where serious convictions are disclosed, (for e.g. those itemised in 10.1 and 10.2) a letter will be sent to the person asking them to attend a meeting with the Vetting Officer/Committee . This letter must not disclose the information on the returned Garda Vetting form. The purpose of this meeting is to allow the applicant (employee / volunteer) access to the information returned by the GCVU / Vetting Bureau and to give them an opportunity to explain the circumstances surrounding the conviction.

A written record of this meeting will be kept and the time, date and duration of the meeting recorded. At this meeting, Ó Bhéal will ensure that: Everyone, no matter what their history, is given fair and equal treatment and the right to state their case. Cognisance is of Repeat Offending, Restorative Justice and Rehabilitation of Offenders. A disclosure of conviction will not automatically preclude the applicant from obtaining the position in question. Cognisance is taken of the applicant’s self-disclosure or non-disclosure of a conviction at the time of the application and of their experience (work record etc.) and rehabilitation subsequent to any conviction disclosed.

Where multiple convictions are evident but may be as the result of a particular lifestyle, e.g., drug addiction, then the change in lifestyle must be taken into consideration.

Applicants who deny any convictions returned by the GCVU / Vetting Bureau will be provided with details on how to write a letter of appeal to amend their records at the GCVU / Vetting Bureau.
Applicants are informed that in the case of uncertainties their form will be returned to the GCVU / Vetting Bureau seeking clarification.

The applicants name and date of birth are clarified at the start of the meeting as mistakes may be made by the GCVU / Vetting Bureau where names and addresses are similar.

Ó Bhéal will consider each Garda Vetting form returned with convictions individually and Ó Bhéal will always treat the applicant with respect, dignity and complete confidentially.

Ó Bhéal recognises that there are three potential outcomes of the review meeting:

In line with this policy and taking all things into consideration including interview, current history and references, the applicant may be offered the position.

The applicants Garda Vetting form is returned to the GCVU for further clarification. In which case a second review meeting may be held.

The applicant is deemed unsuitable for the position on offer by nature of their history of offences.
In each case a written explanation of the outcome will be sent to the applicant by letter. A record of this letter, including date sent must be kept. A record of any replies received and any follow-up must also be kept.

Confidentiality and Data Protection

All information in the vetting process will be held in a manner consistent with the Ó Bhéal confidentiality policy. Ó Bhéal also complies fully with good practice regarding the secure storage, handling and use of the GCVU / Vetting Bureau disclosures and personal vetting information as per our Data Protection Policy and our legal obligations under Data Protection Legislation

Circumstances for the Withdrawal of the offer to Work / Volunteer.
Ó Bhéal considers the following as reasonable grounds to withdraw an offer or opportunity of employment / volunteer role to an individual:

The individual has been charged with, or convicted of a sexual offence;
The individual has been charged with, or has a conviction for, an offence that relates to the ill treatment of a child, or a vulnerable adult;
The individual has been charged with, or has a conviction for, the ownership, production or distribution of child pornography.

Ó Bhéal considers the following list of offences to be relevant, and each case will be considered in a case-by-case basis:

Offences against the person, e.g. assault, harassment, coercion;
Breaches in trust, e.g. fraud, theft, larceny;
Offences against property e.g. arson, armed robbery;
Domestic Violence;
Offences against the state.

Ó Bhéal is conscious of not initiating policies that prohibit needlessly against rehabilitated individuals. Such cases will be objectively determined on a case-by-case basis in accordance with the criteria outlines in 5.3.

Appeal Process

While the focus is on protecting children and vulnerable adults, there are also safeguards and due processes for those being vetted, including the right to appeal. Appeals should be made in writing to the authorised signatory within 14 days of issue of the decision.

Appendix to Garda Vetting Policy

Excerpt from Schedule 1, Part 1 and Part 2 from the National Vetting Bureau
(Children and Vulnerable Persons) Bill 2012.

PART 1

Relevant work or activities relating to children:

1. Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children in –

(a) an establishment which provides pre-school services within the meaning of Part VII of the Child Care Act 1991,
(b) a school or centre of education, both within the meaning of the Education Act 1998,
(c) any hospital or health care centre which receives, treats or otherwise provides services to children,
(d) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided in accordance with the Child Care Act 1991,
(e) a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991,
(f) a children detention school within the meaning of section 3 of the Children Act 2001.

2. Any work or activity which consists of the provision of home tuition by a person pursuant to the Scheme administered and funded by the Department of Education and known as the Home Tuition Scheme.

3. Any work or activity which consists of treatment, therapy or counselling provided to a child by a person in the course of that work or activity.

4. Any work or activity which consists of care or supervision of children unless the care or supervision is merely incidental to the care or supervision of persons who are not children.

5. Any work or activity which consists of the provision of educational, training, cultural, recreational, leisure, social or physical activities (whether or not for commercial or any other consideration) to children unless the provision of educational, training, cultural, recreational, leisure, social or physical activities is merely incidental to the provision of educational, training, cultural, recreational, leisure, social or physical activities to persons who are not children.

6. Any work or activity which consists of the provision of advice, guidance, developmental, or counselling services, (including by means of electronic interactive communications) to children unless the provision of the advice, guidance, developmental or counselling service is merely incidental to the provision of those services to persons who are not children.

7. Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs.

8. Work as a driver of a public service vehicle which is being used only for the purpose of conveying children.

9. The provision by a person, whether or not for commercial or other consideration, of accommodation for a child in his or her own home.

10. Any research work or activities (howsoever described) carried out in a university, institute of technology or other establishment at which third level education is provided where a necessary and regular part of the research work or activity involves contact with or access to children.

11. Any application by a person to carry on or manage a designated centre within the meaning of section 2 of the Health Act 2007.

12. Any application by a person for a declaration of eligibility and suitability within the meaning of section 3 of the Adoption Act 2010.

13. Any assessment of a person’s suitability to act as a foster carer by or under section 39 of the Child Care Act 1991.

14. Any assessment by or under section 41 of the Child Care Act 1991 of a person’s suitability to act as a carer of a child in respect of whom he or she is a relative.

15. Any work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children pursuant to the following enactments:

(a) Medical Practitioners Act 2007;
(b) Nurses Act 1985;
(c) Nurses and Midwives Act 2011;
(d) Dentists Act 1985;
(e) Health and Social Care Professionals Act 2005;
(f) Pharmacy Act 2007;
(g) Pre-Hospital Emergency Care Council Order 2000 (S.I.No. 109 of 2000);
(h) Pre-Hospital Emergency Care Council (Establishment) Order 2000 (Amendment) Order 2004 (S.I. No. 575 of 2004).

PART 2

Relevant work or activities relating to vulnerable persons:

1. Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, vulnerable persons in:

(a) a school or centre of education, both within the meaning of the Education Act 1998, unless, in the case of a centre of education, the work or activity is merely incidental to work or activities undertaken in relation to persons who are not vulnerable persons,
(b) any hospital or care centre which receives, treats or otherwise which provides services to vulnerable persons,
(c) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided to vulnerable persons,
(d) an approved centre within the meaning of Part 5 of the Mental Health Act 2001,
(e) any organisation or facility which provides educational, training, cultural, recreational, leisure, social or physical activities (whether or not for commercial or any other consideration) for vulnerable persons,
(f) in any organisation or facility which provides welfare, advice, guidance, developmental, or counselling services for vulnerable persons.

2. Any work or activity which consists of treatment, therapy or counselling provided to a vulnerable person by a person in the course of that work or activity.

3. Any work or activity which consists of the care (including the provision of health and personal social services and essential domestic services) of vulnerable persons unless the care is merely incidental to the care of persons who are not vulnerable persons.

4. Any work or activity which consists of the provision of educational, training, cultural, recreational, leisure, social or physical activities (whether or not for commercial or any other consideration) to vulnerable persons unless the provision of educational, training, cultural, recreational, leisure, social or physical activities is merely incidental to the provision of educational, training, cultural, recreational, leisure, social or physical activities to persons who are not vulnerable persons.

5. Any work or activity which consists of the provision of advice, guidance, developmental, or counselling services, (including by means of electronic interactive communications) to vulnerable persons unless the provision of the advice, guidance, develop mental or counselling service is merely incidental to the provision of those services to persons who are not vulnerable persons.

6. Work as a driver of a public service vehicle which is being used only for the purpose of conveying vulnerable persons.

7. Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs.

8. The provision by a person, whether or not for commercial or other consideration, of accommodation for a vulnerable person in his or her own home.

9. Any research work or activities (howsoever described) carried out in a university, institute of technology or other establishment at which third level education is provided where a necessary and regular part of the research work or activity involves contact with or access to vulnerable persons.

10. Any assessment of a person’s suitability to act as a care representative under section 21 of the Nursing Homes Support Scheme Act 2009.

11. Any application by a person to carry on or manage a designated 10 centre both within the meaning of section 2 of the Health Act 2007.

12. Any work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, vulnerable persons pursuant to the following enactments:

(a) Medical Practitioners Act 2007;
(b) Nurses Act 1985;
(c) Nurses and Midwives Act 2011;
(d) Dentists Act 1985;
(e) Health and Social Care Professionals Act 2005;
(f) Pharmacy Act 2007;
(g) Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000);
(h) Pre-Hospital Emergency Care Council (Establishment) Order 2000
 

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