5
CHILD PROTECTION AND PROCEDURES
Ireland
Dodgeball Association accepts that organisations, which include young
people among its members, are vulnerable to the occurrence of child
abuse. Child welfare and the protection of young players is the
concern of all adults at all times, irrespective of their role within
the organisation.
Below
are the procedures for dealing with any welfare or protection issue
that may arise. A report may be made by any member in the club or
County but should be passed on to the Children’s Officer who may in
turn have to pass the concern to the Local Statutory Authorities.
It
is not the responsibility of anyone working within Ireland Dodgeball
Association in a paid or voluntary capacity, or those working in
affiliated organisations, to take responsibility or decide whether or
not child abuse is taking place – that is the job of the Local
Statutory Authorities.
However,
there is a responsibility to protect young players by assisting the
appropriate agencies so that they can take any necessary action to
protect the young person. All members should follow both procedures
outlined below, firstly the procedure for responding to a young
player in distress and secondly the procedure for reporting a
concern.
Written
records of all complaints should be kept safely and confidentially
The
Mentor/Officer/Player/Parent against whom the complaint has been made
should be notified of the complaint and the nature of the complaint,
by telephone and also in writing
•
The letter of
complaint remains the property of the Body to whom it was submitted
i.e. the club. The letter should be treated as confidential;
therefore it is not read at a meeting or distributed to any person,
this includes the person against whom the complaint is made. If the
complaint is against a Mentor, this Mentor should be asked to
temporarily step aside until the complaint has been investigated.
•
This is to
protect the players and the mentor
•
A care-taker
mentor should be put in place
*If
complaint is submitted at Club level it is the responsibility of the
Club to deal with the complaint
*
If the complaint is submitted at National Level the IDBA committee
must take responsibility to deal with the complaint
5.1
Dealing with a Complaint
5.1.1.
Forming a complaint
5.1.2.
Appointment of Disciplinary Committee
5.1.3.
Complaint Procedure
5.1.4.
Sanctions
5.1.5.
Appeal Procedure
5.1.1
The Complaint
All
*complaints should be submitted in writing either to the Children’s
Officer or to the
Chairperson
•
No action can
be taken on ‘hearsay’. ‘Hearsay’ should be noted in a record
book
Club
Chairperson should be notified of the complaint
All
complaints should be responded to within 5 working days by the
Children’s Officer
If,
in the opinion of the Chairperson/ Children’s Officer, there are
grounds for concern, the
Statutory
Authorities should be contacted immediately to receive professional
guidance (See section 5.2)
5.1.2
Appointment of Investigation Committee
The
*Investigation Committee should consist of the Chairperson, the
Children’s Officer and an ordinary registered member of the club.
•
If the
Children’s Officer, Chairperson or any other member of the
Investigation Committee is in any way connected to the complaint they
should step down from the Committee
•
If the
Children’s Officer is involved, the Chairperson should contact the
National Children’s Officer to seek advice on dealing with the
complaint
Regular
turnover of this committee is recommended.
The
issue of confidentiality is important.
Information
is on a need to know basis.
*It
recommended that this Committee is put in place at the beginning of
the year
5.1.3
Complaint Procedure
It
is the responsibility of the Investigation Committee to resolve
problems relating to the conduct of its members.
A
complaint of any incident of suspected misconduct, including
bullying, but does not relate to child abuse should be dealt with by
the Investigation Committee.
The
Investigation Committee should inform the individual with details of
the complaint being made against him/ her and afford him/ her the
opportunity of providing a response verbally at a meeting with the
Investigation Committee
•
If he/she
does not attend the agreed meeting, offer him/her the opportunity of
providing a response in writing
•
If he/she
fails to co-operate with either opportunity the Investigation
Committee must continue with the investigation of the complaint and
note in their report the opportunities offered and the responses
received.
It
is recommended that the Disciplinary Committee meet with all parties
involved, affording each party the same rights and opportunities.
•
An underage
player must be accompanied by parents/ guardians
•
If parents/
guardians are involved in the complaint, the underage player should
be accompanied by an independent adult of their choice
The
Disciplinary Committee should form a written report outlining the
procedure followed, findings, conclusions and any disciplinary
actions or recommendations to be taken.
All
parties should receive a copy of this report. This report should be
signed by all the Disciplinary Committee members and kept on record
The
Disciplinary Committee should, as soon as possible, inform the
Management Committee of the conclusions of the investigation process
URES
5.1.4
Sanctions
Where
it is established that an incident of misconduct has taken place, the
Investigation Committee should notify the member of any sanction
being imposed.
The
notification should be made in writing, setting out the reasons for
the sanction.
•
If the member
is under 18 years of age, correspondence should be addressed to
parents/ guardians.
5.1.5
Appeal Procedure
If
the member against whom the complaint was made is unhappy with the
decision of the Investigation Committee s/he should have the right to
appeal the decision to an Appeals Committee (independent of the
Investigation Committee).
Any
appeal should be made in writing within 7 days after issue of the
decision of the Investigation Committee.
The
Chairperson of the Appeals Committee should be a member of the
Management Committee or elected by the members at an AGM.
The
Appeals Committee have the power to confirm, set aside or change any
sanction imposed by the Investigation Committee.
If
any party is not satisfied with the outcome, the matter can be
referred to the National Children’s Officer
•
However
efforts to resolve the issue at local level should be exhausted
before the National Children’s Officer is engaged in attempts to
resolve the matter.
The
National Management Committee will hear any Appeal submitted at
National level, with their decision being final.
5.1.6
Filing of Complaints
Written
confidential records of all complaints should be safely and
confidentially kept Club procedures should be defined for the
possession of such records in the event of election of new officers.
5.2
DEALING W ITH SUSPECTED ABUSE
5.2.1
Reporting abuse
5.2.2
Response to a young player
5.2.3
Allegation against Mentors
5.2.4
Steps within Organisation
5.2.5
False Reporting
5.2.6
Confidentiality
5.2.7
Anonymous Report
5.2.8
Rumours
5.2.1
Reporting Abuse
If
there are grounds for concern (Appendix 6.4) about the safety or
welfare of a young player you should react to the concern.
If
unsure about whether or not certain behaviours are abusive (Appendix
6.5) and therefore reportable, you should contact the duty social
worker in the Local Health Board or Social Services Department where
you will receive advice.
Grounds
for concern include a specific indication from a player, a statement
from a person who witnessed abuse or an illness, injury or behaviour
consistent with abuse. Steps for reporting suspected abuse
(a)
Observe and note dates, times, locations and contexts in which the
incident occurred or suspicion was aroused, together with any other
relevant information
(b)
Report the matter as soon as possible to the designated officer
within the Club responsible for reporting abuse, e.g. Children’s
Officer.
If the Children’s Officer has reasonable grounds for believing that
the player has been abused or is at risk of abuse, s/he will make a
report to the Health Board/Social Services who have statutory
responsibility to investigate and assess suspected or actual child
abuse
(c)
In cases of emergency, where a player appears to be at immediate and
serious risk and the Children’s Officer is unable to contact a duty
social worker, the Garda Authorities should be contacted. Under no
circumstances should a player be left in a dangerous situation
pending intervention by the Statutory Authorities
(d)
If the Children’s Officer is unsure whether reasonable grounds for
concern exist s/he can informally consult with the local health
board/social services. S/he will be advised whether or not the matter
requires a formal report Any Children’s Officer reporting suspected
or actual child abuse to the Statutory Authorities should first
inform the family of their intention to make such a report, unless
doing so would endanger the player or undermine an investigation.
5.2.2
Response to a Young Player
When
a young player discloses information of suspected abuse you should:
(a)
Deal with any allegation of abuse in a sensitive and competent way
through listening to and facilitating the player to tell about the
problem, rather than interviewing about details of what happened
(b)
Stay calm and not show any extreme reaction to what the player is
saying. Listen compassionately, and take what the player is saying
seriously
(c)
Understand that the player has decided to tell something very
important and has taken a risk to do so. The experience of telling
should be a positive one so that the player will not mind talking to
those involved in the investigation
(d)
Be honest with the player and tell them that it is not possible to
keep this information a secret
(e)
Make no judgmental statements against the person whom the allegation
is made
(f)
Not question the player unless the nature of what she is saying is
unclear. Leading questions should be avoided. Open, non-specific
questions should be used such as “Can you explain to me what you
mean by that”
(g)
Check out the concerns with the parents/ guardians before making a
report unless doing so would endanger the player
(h)
Give the player some indication of what would happen next, such as
informing parents/ guardians, Health Board or Social Services. It
should be kept in mind that the player may have been threatened and
may feel vulnerable at this stage
(i)
Carefully record the details
(j)
Pass on this information to the Children’s Officer/ designated
officer within the Club. Always reassure the player that they have
done the right thing in telling you
“Always
reassure the player that they have done the right thing in telling
you”
5.2.3
Allegations Against Mentors
If
an allegation of alleged child abuse is made against a mentor working
within the Club or Association, the following procedures should be
followed:
•
The reporting
procedure in respect of suspected child abuse. (5.2.1)
•
The procedure
for dealing with the mentor. (5.2.4)
The
safety of the player making the allegation should be considered and
the safety of any other players who may be at risk.
The
club should take any necessary steps that may be necessary to protect
its players.
The
issue of confidentiality is important – the mentor should be
treated with respect and fairness.
5.2.4
Dealing with the Mentor
While
the designated Children’s Officer makes the report to the local
Health Board, the Chairperson of the club should deal with the
mentor.
•
The
Chairperson should privately inform the mentor that
(a)
an allegation has been made against him/her
(b)
the nature of the allegation
•
He/she should
be afforded an opportunity to respond
•
His/her
response should be noted and passed on to the Health Board/Social
Services
•
The mentor
should be asked to step aside pending the outcome of the
investigation. When a mentor is asked to step aside it should be made
clear that it is only a precautionary measure and will not prejudice
any later disciplinary Proceedings
The
Club Children’s Officer should inform the National Children’s
Officer that the mentor has been asked to stand aside.
It
is also the duty of all Association members to inform the National
Children’s Officer of a mentor who is under investigation by a
Statutory Authority.
The
Ireland Dodgeball Association can consider disciplinary action on the
mentor but should ensure that this does not interfere with the
investigation of the Statutory Authorities – the outcome of the
investigation and any implications it might have will be considered
during the Disciplinary procedure.
It
should be noted that the fact that the alleged abuser has not been
prosecuted or been found guilty does not mean that they are
appropriate to work with young people in the future.
5.3
False Allegations
The
Protection for Persons Reporting Child Abuse Act, 1998 provides
immunity from civil liability to persons who report child abuse
‘reasonably and in good faith’ to the Health Board or the Gardaí
(See 5.13.1 – ISC. Code). The act also covers the offence of ‘false
reporting’.
The
main provisions of the Act are:
- The provision of immunity from civil liability to any person who reports child abuse “reasonably and in good faith” to designated officers of Health Boards or any member of An Garda Siochána.
- The provision of significant protections for employees who report child abuse. These protections cover all employees and all forms of discrimination up to and including dismissal.
- The creation of a new offence of false reporting of child abuse where a person makes a report of child abuse to the appropriate authorities “knowing that statement to be false”. This is a new criminal offence designed to protect innocent persons from malicious reports.
5.4
Confidentiality
Confidentiality
should be maintained in respect of all issues and people involved in
cases of abuse, welfare or bad practice. It is important that the
rights of both the player and the person about whom the complaint has
been made are protected. The following points should be kept in mind:
•
A guarantee
of confidentiality or undertakings regarding secrecy cannot be given,
as the welfare of the player will supersede all other considerations
5.5
Anony mous Complaints
Anonymous
complaints can be difficult to deal with but should not be ignored.
In all cases the safety and welfare of the player/s is paramount. Any
such complaints relating to inappropriate behaviour should be brought
to the attention of the Children’s Officer. The information should
be checked out and handled in a confidential manner.
5.6
Rumours
Rumours
should not be allowed to hang in the air. Any rumours relating to
inappropriate behaviour should be brought to the attention of the
Children’s Officer and checked out without delay.
“
Any rumours
relating to inappropriate behaviour should be brought to the
attention of the Children’s Officer and checked out without delay”
Section.
5 – CHILD PROTECTION PROCEE DURES
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