Procedure for Maintaining a List of the Persons in the Relevant Service Who Are Mandated Persons
Last Revised on 21-May-2025
Introduction
The Children First Act 2015, Section 11 requires organisations that are providers of relevant services to prepare a Child Safeguarding Statement. This is a written statement that specifies the service being provided and the principles and procedures to be observed in order to ensure, as far as practicable, that a child availing of the service is safe from harm. Cork Unitarian Church is required to have a Child Safeguarding Statement, as a relevant service, under the Act and under Section 11 (3) requires that ‘A child safeguarding statement shall… in that regard, specify the procedures that are in place’ for maintaining a list of the persons (if any) in the relevant service who are mandated persons. Cork Unitarian Church has a small number of staff that are identified as Mandated Persons.
Purpose
Tusla’s procedure for maintaining a list of Mandated Persons is outlined below.
- The HR system SAP (System Applications and Products) is the identified system to produce the most up- to-date list of Mandated Persons.
- The list of Mandated Persons is available to be generated at National level, Regional level, Residential level and Area level to meet the needs of the Agency.
Scope
This procedure applies to all staff of Cork Unitarian Church. In this procedure, references to staff should be interpreted as applying to direct employees of Cork Unitarian Church, agency contracted staff, persons on work placements, student placements and volunteers. This procedure sets out guidance and direction for the Cork Unitarian Church Board of Directors and all Cork Unitarian Church staff and any member of the public who may request a copy of the Child Safeguarding Statement’s specified procedure relating to the procedure for maintaining a list of Mandated Persons as a requirement of the Children First Act 2015.
As defined in the Children First Act 2015, mandated persons have a statutory obligation to report concerns which reach or exceed a particular threshold to the local Tusla social work duty service and to cooperate in the assessment of mandated reports (please see Children First: National Guidance (2017): Chapter 3, for further information on the roles of mandated persons.
As specified in the Mandated Persons Children First Act 2015, “members of the clergy (howsoever described) or pastoral care workers (howsoever described) of a church or other religious community” are specified as mandated persons for the purposes of this Act.
The Children First Act 2015 requires the Cork Unitarian Church Committee to appoint authorised persons to receive mandated reports of child harm. This is a separate role and function to the role of the mandated persons which is outlined above.
Roles and Responsibilities
Cork Unitarian Church has identified two roles for purposes of the Act:
- Mandated Person – to include any minister or pastoral care worker
- Safeguarding Officer – the person authorised to receive reports of child harm
All Cork Unitarian Church staff are accountable to Cork Unitarian Church for their practice in line with professional standards and Cork Unitarian Church’s policies and procedures. Further, each professional registered with CORU or otherwise certified is accountable for his/her practice in line with the code of professional conduct and ethics of their relevant professional society. This means being answerable for decisions he/she makes and being prepared to make explicit the rationale for those decisions and justify them in the context of legislation, case law, professional and ethical conduct. There may be exceptional circumstances when it may be acceptable and necessary to deviate from a PPPG but discussions with line management and professional judgement must be clearly documented and be available for review and audit, if required.
Legislation and Other Related Policies
- Child Care Act 1991
- Children First Act 2015
- DCYA (2017) Children First National Guidance for the Protection and Welfare of Children.
- Protection for Persons reporting Child Abuse Act 1998
- Child Protection and Welfare Practice Handbooks 1 and 2
- Tusla – A Guide for the Reporting of Child Protection and Welfare Concerns
- Data Protection Acts 1988 and 2003
- General Data Protection Regulation (GDPR) 2018
- Tusla – Policy and Procedures for Responding to Allegations of Abuse and Neglect
Glossary of Terms and Definitions
Mandated Person –
- where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession as such a mandated person,that a child–has been harmed, is being harmed, or is at risk of being harmed,
- Where a child believes that he or she– has been harmed, is being harmed, or is at risk of being harmed, and discloses this belief to a mandated person in the course of a mandated person’s employment or profession as such a person, the mandated person shall, as soon as practicable, report that disclosure to the Agency.
Child Safeguarding Statement –
- defined in the Children First Act 2015, this is a statement, including a written assessment of risk of harm to children and the measures that will be taken to manage any identified risks.
Children First –
This is an overarching term that refers to responsibilities under:
- Children First: National Guidance for the Protection and Welfare of Children (DCYA, 2017)
- Children First Act, 2015
Child Safeguarding Statement Specified Procedures –
- these are the 6 procedures outlined in the Children First Act 2015 that all provider’s relevant services are required to have to keep children safe from harm. The procedure contained herein ‘for maintaining a list of the persons (if any) in the relevant service who are mandated persons’.
Provider –
as defined in the Children First Act 2015, ‘means, in relation to a relevant service, a person-
- who provides a relevant service, and
- who, in respect of the provision of such relevant service—
(i) employs (whether under contract of employment or otherwise) one or more than one other person to undertake any work or activity that constitutes a relevant service,
(ii) enters into a contract for services with one or more than one other person for the provision by the person of a relevant service, or
(iii) permits one or more than one other person (whether or not for commercial or other consideration and whether or not as part of a course of education or training, including an internship scheme) to undertake any work or activity, on behalf of the person, that constitutes a relevant service;’
Relevant Service –
- as defined in the Children First Act 2015, ‘means any work or activity specified in Schedule 1 [of that Act]’.
Governance –
- Governance refers to the arrangements and practices which enable an entity to set its direction and manage its operations in order to discharge its accountability obligations and assist in the achievement of expected outcomes.
- It encompasses many facets, including leadership, policies, relationships and control and accountability measures.
Guidelines –
- A guideline is defined as a principle of criterion that guides or directs action.
- Guidelines tend to be based on best evidence informed practice. These typically arise when supporting complex professional judgement decisions e.g. The Child Protection and Welfare Handbook.
Organisational Policy –
- An organisational policy is a written statement that clearly indicates the position and values of the organisation on a given subject.
- This is distinct from National Policy that has implications not only for the Child & Family Agency but also a range of other stakeholders e.g. Children First.
Procedure A procedure is a series of actions conducted in a certain order or manner. These typically apply in situations where legislative requirements are present e.g. Responding to Allegations of Abuse.
Protocol A protocol is defined as a written plan that specifies procedures to be followed in defined situations; a protocol represents a standard of care that describes an intervention or a set of interventions. Protocols are more explicit and specific in detail than guidelines. They specify who does what, when and how. These typically arise in situations where two or more agencies are required to work together in respect of a common goal or outcome e.g. Missing in Care Protocol.
Scope This includes both the target users and target population of the policy, procedure, protocol or Guideline.
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