Thresholds 13 th February 2019

1. Thresholds 13th February 2019

2. Prayer and Introductions Teresa

3. Objectives for the Day • To identify and discuss issues relating to reporting allegations to An Garda Siochana • To identify and discuss issues relating to reporting allegations to TUSLA • To consider thresholds for canonical action

4. Agenda 10am – Welcome and Introduction to the day 10.15 – Detective Chief Superintendent Declan Daly Detective Superintendent Justin Kelly Garda National Protective Services Bureau 11.15 – Break 11.45 – Clare Murphy Regional Lead Children First and Child Protection. TUSLA 12.45 – Questions 13.00-14.00 – Lunch 2.00 – Church Processes 3.15 – Questions 3.30 – Evaluation and Close of day

5. Reporting allegations, knowledge suspicions and Concerns about child abuse in the Catholic Church

7. Detective Chief Superintendent Declan Daly Detective Superintendent Justin Kelly Garda National Protective Services Bureau

8. An Garda SíochánaNational Board for Safeguarding Children – Catholic Church Detective Chief Superintendent Declan Daly Garda National Protective Services Bureau Special Crime Operations

9. Garda National Protective Services Bureau • consists of: • Online Child Exploitation Unit • Sexual Crime Management Unit – Clerical • Sex Offender Management & Intelligence Unit • Human Trafficking Investigation Unit • Violent Incident Crime Linkage Analysis Service • Operation Quest • Sex Offender Management (SORAM) • Missing Persons Unit • Garda Victim Liaison Office • National Child Protection Unit • Domestic Homicide Review Team • Domestic Abuse Intervention & Policy

10. Sexual Crime Management Unit • Established in 2010, within the National Bureau of Criminal Investigation in response to the Murphy, Ryan and Ferns Reports, the Sexual Crime Management Unit (SCMU) of the Garda National Protective Services Bureau is currently staffed as follows: • 1 Detective Inspector • 2 Detective Sergeants • 8 Detective Gardaí • 1 Garda Staff

11. Sexual Crime Management Unit • Central point of contact for reports and management of all Religious child sexual abuse to the attention of An Garda Síochána • Conducting a number of high profile and complex sexual crime investigations • Monitoring all sexual crime reported to An Garda Síochána • Reviewing and evaluating a number of sexual crime investigations • Policy development, training and advice internally & to NGO’s, external stakeholders in relation to best practice in the investigation of sexual crime • Manage reports from the Childhood Sexual Abuse Reporting line and reports received form external Police Forces via INTERPOL

12. Overview Many victims have no prior experience with the legal system and do not know how to proceed in sexual crime cases Difficult and complex cases Evidence - often one historical with one person's word against another's - can be hazy and conflicting, easy to cast doubt upon Victims were children at the time of abuse and children can readily be portrayed as suggestible and easily confused

13. Category of Sexual Crime Acute (recent) sexual crimes – minimal delay in reporting, greater possibility of supporting evidence available i.e. identification of scene & collection of evidence i.e. forensic, CCTV footage, witnesses accounts etc. Historical (non recent) sexual crimes – delay in reporting due to a number of factors resulting in the loss of supporting evidence i.e. forensic evidence, CCTV footage, witnesses accounts etc.

14. Cycle of Response

15. Clerical Sexual Abuse Notifications 2010 – 93                                2015 – 246 2011 – 453                              2016 – 197 2012 – 506                              2017 – 162 2013 – 368                              2018 – 181 2014 – 323 Total: 2529

16. Formal Notification to An Garda Síochána – what should be included • In Writing – Email is best & preferred • Full details of allegation (where known) • Details of Complainant DATE OF BIRTH • Details of alleged offender DATE OF BIRTH, CURRENT ADDRESS • Where it is alleged to have occurred • Actions taken to date • TUSLA Notification, to whom & whether acknowledged • Attitude of complainant – to Garda involvement NBSCCC standard reporting form

17. What happens to notifications of clerical abuse disclosed to SCMU Notification is acknowledged & matter recorded by SCMU on database (USE EMAIL) Screened for Child Protection concerns If disclosed that victim requests contact from AGS, a member of SCMU will make contact Options available to victim will be discussed, including Criminal Justice process – investigation, court etc. If he/she wants investigation, report will be sent by SCMU to local Station for investigation If not, victim has contact numbers for SCMU and can call at any time in the future for criminal investigation.

18. Garda Policy on Approaching Adult Survivors of Child Sexual Abuse “To ensure and protect the welfare and dignity of an adult victim of child sexual abuse and for reasons of sensitivity, An Garda Síochána will not approach adult survivors of child sexual abuse, without the victim making the first approach to An Garda Síochána. As you can appreciate, victims of such crimes for many reasons do not report allegations to An Garda Síochána and in some circumstances are reluctant to engage with the civil authorities. Our principle objective in not approaching victims is to ensure that no stress or further pain is caused by our actions”.

19. Victim Engagement We are totally focussed on the victim from the first contact with SCMU to the last day in court – we are always available for advice and support Conscious not to deter persons from proceeding with delayed complaints Explanation of process and tempering of expectations

20. Action taken by Gardaí on receipt of complaint of Clerical Sexual abuse • If Complaint received – facts established • Sent to Local Superintendent for investigation • Investigation commenced • Statements taken • Evidence gathered • Suspect interviewed • File to Director of Public Prosecutions.

21. Tulsa Notification Where victim was a child (U18) at time offence notification must be sent to Tusla regardless of when abuse occurred

22. Data Protection • Breach to disclose Personalised Information concerning a person to a third party • Exceptions under Data Protection Act • Allows for the sharing of information for purposes of criminal investigation • In cases were there is an imminent risk of harm

23. Child Protection & Welfare • Welfare of the Child is First & Paramount Consideration • Victim’s name is protected from public disclosure • Confidentiality is never guaranteed to those reporting • Notifications & Referrals to TUSLA • Suspected Child Abuse (Physical, Sexual, Emotional and Neglect) • Concerns Re Potential for Future Harm • Approx 6,000 made and received each year

24. Protections for Persons Reporting Child Abuse Act, 1998 Immunity from Civil Liability • to any person who reports child abuse "reasonably and in good faith" to designated officers of TUSLA health boards or any member of An Garda Síochána Protection for Employees • protections for employees who report child abuse - from all forms of discrimination up to, and including, dismissal False Reports • offence of false reporting of child abuse to the appropriate authorities "knowing that statement to be false"

25. Historical legislation – Offences within Ireland The introduction of various pieces of legislation which impact on the investigation process particularly in relation to the arrest and detention of suspects No Statute of Limitations Relevant Legislation – Current Legislation not Retrospective or Offence may no longer be an arrestable offence * PRE / POST 1991

26. Offences outside of Ireland In relation to the commission of sexual offences outside the state, this only applies post 1996 as per the Sexual Offences Jurisdiction Act, 1996 Offences of child sexual abuse committed outside Ireland by Irish suspect and/or against Irish child can be investigated & prosecuted in Ireland *some exceptions

27. SCMU External Review • Purpose • To ensure that SCMU provides the best possible service to Safeguarding offices and Designated Laision Officers.

28. Key Findings • Overwhelmingly Positive • Clear that stakeholders felt that the Service provided ‘considerable support’. • Professional & Cordial Staff

29. Recommendations • Reporting Form – better communication over form • “one for all” form • Content – Current or historical, Alive or deceased • Confusion over the term “complainant”, “victim”

30. Satisfaction with ease of transmission • Generic email • Email to produce an automatic receipt • Interaction SCMU – very positive • More face to face training

31. SCMU Follow Up • Progress forms on the development of case. • Notifying DLP when reporting form is sent to local station • Informing DLP name of investigating Garda. • Copy of correspondence from AGS to Solicitors

32. Further Information Garda National Protective Services Bureau Sexual Crime Management Unit 01-6663438 nbci_scmu@garda.ie gnpsb@garda.ie

33. BREAK

34. Clare Murphy Regional Lead Children First and Child Protection. TUSLA

35. Child Protection Clare Murphy

36. What I will be talking about

37. Tusla and what we do Estb: 2014 • Child Protection & Welfare Services • Educational welfare services • Alternative care • Family and locally- based community supports • Early years services • Domestic, sexual and gender-based violence services

38. Area Management Structure A number of Areas within each region 4 Regions https://www.tusla.ie/uploads/content/Tusla_Area_Management_Structure_-_Manager_Details_290119.pdf

39. 53,755 referrals in 2017 6,044 Children in Care

40. What I will be talking about

41. Making a referral https://www.tusla.ie/uploads/content/4214-TUSLA_Guide_to_Reporters_Guide_A4_v3.pdf

42. Threshold for making a referral

43. Reasonable grounds for a child protection or welfare concern • 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

44. As a mandated person you are required to report any harm

45. How to make a referral What am I worried about? What is working well? What needs to happen? Questions you might ask the family

46. What am I worried about? What have I seen or heard that worries me about the child? If nothing changes what I am most worried about that will happen to the child? What are the adults that are caring for the child doing that is bad or harming for the child? What is the impact of their behaviour on the child? What would the child say they are most worried about?

47. What is working well? Who helps or supports the child? Thinking about the problems do I know who has helped the family in the past? What would the child say are the best things about their life?

48. What needs to happen? What do I think needs to happen to make the situation better? Who do I think is best placed to help this family? What services do I think this family/child need most?

49. Questions you might ask the family Isthere any other support that you feel you need at the moment? What would you ideally like to see happen next? Do you feel that professionals understand your concerns?

50. Informing the family where appropriate • Do not tell the family if: • Child will be placed at further risk • Could impact on Tusla’s ability to do an assessment • You would be placed at risk.