Implementation of Children First Applicable to all Disability Services

1. Implementation of Children First Applicable to all Disability Services National Disability Steering Group 18.4.13

2. Objectives To provide a brief update on: • Draft Heads of Children First Bill 2012 • National Vetting Bureau (Children and Vulernable Persons) Act 2012 • Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012 • National Disability Steering Group on Implementation of Children First National Disability Steering Group 18.4.13

3. Summary: Heads of Children First Bill 2012 • The Children First Heads of Bill is currently ongoing significant review at this time • Until this is complete, organisations providing disability services and supports are advised to adhere to Children First National Guidance on the Protection and Welfare of Children 2011 National Disability Steering Group 18.4.13

4. Summary:National Vetting Bureau (Children and Vulnerable Persons) Act 2012 Provides Statutory basis: • for use of Garda criminal records in vetting of persons applying for employment working with children or vulnerable persons • for use of ‘soft’ information (other than criminal information) where it leads to a bona-fide belief that a person poses a threat to children or vulnerable persons National Disability Steering Group 18.4.13

5. Summary:National Vetting Bureau (Children and Vulnerable Persons) Act 2012 Mandatory: • for persons working with regular access to children and vulnerable persons to be vetted Criminal: • for organisations to fail to carry out necessary vetting of their employees and volunteers National Vetting Bureau required to maintain a database to include: • Register of relevant organisations • Register of specified (‘soft’) information • Register of vetted persons National Disability Steering Group 18.4.13

6. Summary:Criminal Justice (Withholding of Information on Offences against Children & Vulnerable Persons) Act 2012 In Irish Law, it is an offence to withhold information regarding serious offences committed against a child or vulnerable person Serious offences: those which carry a penalty of 5 years +, including most sexual offences & offenses causing harm, abduction, manslaughter or murder “Child” – under 18 years of age “Vulnerable person” – one who • is suffering from a disorder of the mind, as a result of mental illness or dementia or • has an intellectual disability or an enduring physical impairment or injury, which severely restricts the capacity of the person to guard himself or herself against serious exploitation or abuse, whether physical or sexual, by another person, National Disability Steering Group 18.4.13

7. Summary: Criminal Justice (Withholding of Information on Offences against Children & Vulnerable Persons) Act 2012 The Offence arises: • where a persons knows or believes that a serious offence has been committed against a child or vulnerable person • Where his/her information would be of material assistance in securing apprehension, prosecution or conviction of another person for that offence • Where he/she fails without reasonable excuse to disclose this information asap to Garda National Disability Steering Group 18.4.13

8. Summary: Criminal Justice (Withholding of Information on Offences against Children & Vulnerable Persons) Act 2012 Defences against charge of withholding information: • where a child or vulnerable person makes it known that they do not want the offence reported to the Garda Siochana BUT • Person receiving/holding information must have reasonable grounds for this view & act in best interest of child/vulnerable person • Rebuttable presumption on lack of capacity of vulnerable person /child under 14 to make this decision A child or vulnerable person who is a victim of a serious offence is not liable for an offence under the Act National Disability Steering Group 18.4.13

9. Implementation of Children First • National Disability Steering Group • Ann Bourke, Chair, National Disability Unit, HSE • Bernie Nyhan, HSE DML • Clodagh O Brien, NfPBA • Fearghal Grey, HSE West • Jillian Sexton, NFVB • Fiona Duignan, Inclusion Ireland • Laura Keane, NfPBA • Penny O Connell, HSE DNE • Toni Gleeson, DFI • Carol Moore, HSE South • Support: • Boyd Dodds –Children First Lead, Children & Family Support Agency (CFSA) National Disability Steering Group 18.4.13

10. Implementation of Children First – Terms of Reference for Steering Group • Develop & recommend a standardised framework for a Child Protection and Welfare Policy, Procedures & Practices, specific to Disability Services and consistent with Children First 2011 for adoption by all Disability Services • Develop & implement a Communication Strategy & Plan to support Children First implementation across Disability Services • Develop & recommend a standardised Children First Training Strategy for adoption by all Disability Service Providers • Develop & recommend a standardised QA template & monitoring system for effective implementation of Children First for adoption by Disability Services • Monitor national Children First statistical returns for trends, issues and obstacles to implementation of Children First and advise the National Disability Governance Group National Disability Steering Group 18.4.13

11. Implementation of Children First –Context: Factors impacting on National Disability Steering Group recommendations • Children & Family Services (CFS) has begun development of “Safeguarding within the Organisation”. This may require revision of “Children First in Disability Services – A Guide to Policy Formation and Implementation” • CFS disaggregating from HSE into separate Children & Family Support Agency & as yet, its ongoing support role in training is undefined • CFS is reviewing their Children First training for Vol Orgs & HSE. On completion, HSE CFS Minimum Training Requirements (see slide 14) will change accordingly. National Disability Steering Group recommendations for implementation of Children First will be regularly reviewed in line with above and communicated out to the system via Steering Group members and dedicated site on HSEland National Disability Steering Group 18.4.13

12. 1. Child Protection & Welfare Policy, Procedures, PracticesSteering Group Work completed 1. “Children First in Disability Services – A Guide to Policy Formation and Implementation”which includes: • Workbook to assist orgs to develop or review their existing Child Protection and Welfare Policy against • Child Protection Policy Compliance Checklist • 2013 Key Performance Indicators for HSE and Vol Org services - biannual reporting 2.Policy Statement of Intent for HSE w/s & recommended for adoption by Umbrella Group member orgs. National Disability Steering Group 18.4.13

13. 22. Communication Strategy & Plan Steering Group Work completed Dedicated site on HSEland : in progress to include • “Children First in Disability Services – A Guide to Policy Formation and Implementation” • Relevant legislation update and their implications presentation • Current Minimum Training requirements for Children First Compliance as of 18.4.13 as per CFSA. Presentations at Umbrella Group Fora /HSE Disability Services • Update Children First 2011, relevant Heads of Bills and implications for Service Provider to DFI, NFVB and NFP fora Dissemination of recommendationsvia members of the National Children First Steering Group and National Disability Governance Group Article Health Matters Spring 2013 & Umbrella Groups newsletters National Disability Steering Group 18.4.13

14. 3. Training StrategyTraining Issues Identified • Unknown number staff/volunteers requiring training • Difficulty releasing staff for training due to lack of cover • Only 10 registered Keeping Safe Train the Trainers in Disability Sector • Children and Family Services will continue to provide existing level of training for HSE staff for 2013/14 but training provided for Vol Orgs now extremely limited. • Whilst CFSA’s revised training programme is welcomed, there is concern about topics which will no longer be contained within the new 3 hour foundation course National Disability Steering Group 18.4.13

15. 3. Training StrategyMinimum Training Requirements per Children & Family Support Agency • All staff who may have contact with children through their work are required to receive basic Children First Training. • This includes adult service staff as children may visit adult services and staff may observe children at risk on home visits • Currently, for voluntary organisations, that training is “Keeping Safe” programme or equivalent and for HSE, it is the HSE Children First programme • Training recommendations per HSE Children and Family Services (CFS) will be revised in 2013 and Train the Trainers Programme rolled out by CFS for HSE/Vol Orgs accordingly National Disability Steering Group 18.4.13

16. 3. Training StrategyMinimum Training Requirements per Children & Family Support Agency • Training Prioritisation: 1st: CEO and Designated Liaison Persons 2nd: Staff working in children’s services 3rd: Staff working in adult services • Service Arrangement 2013 Requirement: • CEO and DLP must attend Keeping Safe training or equivalent by end of Q4 2013 National Disability Steering Group 18.4.13

17. 4. Develop standardised Quality Assurance (QA) System Steering Group Work completed Developed and implemented: • Children First Monitoring Compliance Template for inclusion in Service Arrangement 2013 • Biannual reportingon Key Performance Indicators applicable for both voluntary organisations and HSE to HSE Corporate Planning Corporate Performance, commencing Q2 2013 National Disability Steering Group 18.4.13

18. Children First in Disability Services: Key Performance Indicators 2013 QI: • Information circulated internally on Children First & relevant legislation updates • Organisation's Policies / procedures updated in line with ‘Children First in Disability Services – a Guide to Policy Formation and Implementation” • Organisation reviewed Child Protection Policy Compliance Checklist (Appendix 3 in the ‘Children First in Disability Services – a Guide to Policy Formation and Implementation” and identified actions with timelines where required National Disability Steering Group 18.4.13

19. Children First in Disability Services: Key Performance Indicators 2013 Q2: • The org. has established no. of staff/volunteers who may have contact with children in their work • who have not received Children First or • who have not received refresher training since July 2010 • Agreed phased training plan with timelines in place • The CEO and Designated Liaison Persons have completed the 2 day Keeping Safe Training Programme or equivalent (valid until HSE Children and Family Services revised recommendations due mid 2013) • The org. has established a system to centrally log, confidentially / appropriately manage and collate raised child protection issues and queries within their disability services which is reviewed regularly National Disability Steering Group 18.4.13

20. Children First in Disability Services : Key Performance Indicators 2013 Q3: • The org. has developed/agreed outstanding policies which need to be put in place and timelines for same • The org. has agreed a Project Plan for the implementation of the requirements of Children First – outlining the implementation of agreed actions / timeframes / responsibilities National Disability Steering Group 18.4.13

21. Children First in Disability Services : Key Performance Indicators 2013 Q4: • The organisation has reviewed its Children First Project Plan, monitoring compliance and progress on actions agreed, including implementation of training • The organisation has submitted an update on all above KPIs to HSE. National Disability Steering Group 18.4.13

22. CFI Steering Group – Accountability • The National Disability Steering Group for Children First Implementation will monitor overall trends, issues, obstacles and risks in Children First Implementation & report into the National Disability Governance Group • Accountability for Service compliance with Children First remains with Local Disability Governance Groups/HSE Area Manager National Disability Steering Group 07.05.13