Ask a solicitor: Having your child's best interests protected

Our 9-year-old is very sensible and she would stay at home and look after her sister when I was on the farm. The farm and house are adjoining. Three weeks ago, when I was out milking the cows, my youngest daughter decided that she was going to cook some sausages as they are her favourite food. She always watches me cooking and so knew how to turn on the cooker and she put some sausages in a pan. However, she managed to burn herself quite badly on her forearm from the pan.

My eldest daughter ran to get me and I returned to the house straight away. It was a good thing I got there when I did as the kitchen was full of smoke from the burnt sausages. My youngest daughter was clearly in a lot of pain and as the burn looked quite bad, I took her to A&E as the local GP was closed. Whilst at the hospital, my daughter told the doctor there that she was alone in the house and that as she was hungry she decided to cook some sausages.

As a result of my daughter saying this and also because of some bruising on my daughter's thigh which the Dr was concerned about, he made a referral to TUSLA. I should say that the bruising was caused by my daughter being hit by a sliotar. A social worker came to visit me at home and told me that there would be a Child Protection Conference held about my daughters. 

I am so scared, my friend told me that TUSLA might try to take my girls away. I love my daughters so much and don’t want to lose them. My husband thinks that this is all blown out of proportion and that if we ignore TUSLA, they will go away. I don’t know what to do and would appreciate your advice.

Dear Reader 

This must be such a stressful and worrying time for you and your family. I would advise you to co-operate with TUSLA and try to alleviate their concerns. If you bury your head in the sand, it will not help matters and could possibly cause their concerns to escalate. 

A Child Protection Conference is held when a social worker (and their manager) are concerned that a child is at risk of significant harm. All the professionals involved in your children's lives will be invited to the conference eg their teacher, public health nurse etc. You are also invited to attend and you can bring someone from your support network with you as well as any family members who are able to offer you and your family support. 

Those present at the conference will discuss what is working well for your family and will also discuss the concerns. You will be given an opportunity to speak also. A decision will be made by the professionals present as to whether your children are at risk of harm. 

If the decision is made that they are at risk, then they will place the children on the CPNS (Child Protection Notification System) which is a secure database which can only be accessed by the Gardaí, social workers and GPs. A safety plan will be drawn up which will set out what needs to be done to ensure that the children are kept safe from harm. 

I would expect that in your situation you would be expected to agree not to leave the children alone and that if in the future you are needed on the farm or elsewhere, that you would ask someone from your support network to watch your daughters.

Following the conference there are regular safety network meetings where the plan is discussed and developed. The safety plan is reviewed after six months and a decision is made then as to whether the children are still at risk of harm and if they are deemed to be no longer at risk, then they will be taken off the CPNS.

TUSLA, when working with families have regard to the principle that generally speaking it is in a child's best interests to be brought up by their family. As such it is only in very extreme cases that TUSLA would apply to the court for a Care Order which, if granted, would mean that your children would be removed from your care. 

The grounds for a Care Order are that the court must be satisfied that the child has been or is being assaulted, ill-treated, neglected or sexually abused or that the child's health development or welfare has been or is likely to be impaired or neglected and that the child needs care and protection which they are unlikely to receive without a Care Order.

• Stephen Coppinger, is a solicitor practicing in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.
• Email: info@walshandpartners.ie 
• Web: www.walshandpartners.ie 

While every care is taken to ensure accuracy of information contained in this article, solicitor Angela O'Connor does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.