Special Rapporteur on child protection warns 'better approach needed' for handling abuse allegations
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The government-appointed Special Rapporteur on Child Protection has said "a better approach is needed" as to how retrospective allegations of abuse are dealt with after survivor support organisations expressed fresh concerns, and social workers admitted there is "confusion" as to how some data is handled.
Conor O'Mahony, who is also a senior lecturer in Law at UCC, has delivered his first report as rapporteur to government - a report which will make detailed recommendations for reform.
It comes as One In Four and the Rape Crisis Network of Ireland expressed concern Tusla is passing on details of allegations of abuse to the alleged perpetrators.
That’s a great breakdown Joe. I think the figures for specifically sexual violence are probably different. We disaggregated the SV referrals out from the general child protection referrals for our report to the justice Oireachtas Committee - is it possible to go the same here? https://t.co/IosGMrjQ2N
— Rape Crisis Ireland (@RapeCrisisIre) September 1, 2020
One In Four and the RCNI have been in discussions with Tusla about the handling of such sensitive data, amid fears the early notification to the alleged perpetrator may impact on therapy and deter others from coming forward.
The Director of One in Four, Maeve Lewis, said: "We alert clients to what may happen," adding this can mean "fewer names [of alleged perpetrators], fewer notifications".
The Irish Association of Social Workers told the there is "some confusion" regarding the passing on of allegations.
Tusla said there are "significant challenges in many aspects of investigating an allegation of abuse" and it operates "in a complex legislative space".
"Tusla has a duty to ensure fair procedures are applied in relation to the person subject to abuse allegations, a requirement which has been placed on Tusla by case law and all of the interpretations of natural justice," a spokesperson said.
"As a result, Tusla does inform a person who has had allegations of abuse made against them in accordance with the 2014 policy."
Mr O'Mahony said a record of an allegation of sexual abuse would constitute personal data for both the alleged abuser and alleged victim and Tusla’s current interpretation of data protection law is that it is obliged to notify persons when it holds personal data on them.
He said this meant "data protection law takes precedence over any Tusla policy that conflicts with it".
He also said "the requirement is simply to notify the person that they hold data; disclosure of the data itself would require a separate data access request to be made, and there are grounds for refusing such a request.
"However, in cases involving vulnerable adults who are struggling to deal with the impact of the sexual abuse they experienced as children, the mere notification that data relating to the abuse is held by Tusla may be traumatising to the complainant.
"In cases where the identity of the alleged abuser has been disclosed, they will have to confront the fact that the alleged abuser may also have been notified that Tusla holds a record of the complaint."
He said this could create "an additional risk that the alleged abuser may seek retribution against the complainant".
"The impact of the current approach is that victims of abuse may be unwilling to disclose their abuse. This is damaging to victims as it deters them from seeking therapy, and potentially damaging to other children as Tusla may not become aware that alleged abusers are at large and have access to children.
"A better approach is needed to this specific issue as well as to the entire process through which retrospective/historical abuse allegations are investigated."