A major row has erupted over the implementation of child-abuse guidelines in schools.The Irish Independent has learned that allegations of abuse against teachers, which frequently turn out to be false or malicious, are being passed on to the Health Services Executive (HSE) without the individual teachers being informed.
In some cases, the first the teachers know about the allegations is when they are "confronted" by personnel from the HSE, according to a confidential paper drawn up by the three teacher unions, INTO, TUI and ASTI.
The paper says the present arrangement, where allegations are referred to the HSE without the slightest check, is patently unfair. It can do great damage to a teacher's good name, professional reputation and confidence.
The original guidelines for schools said that a designated liaison person should be appointed in schools who would have to satisfy themselves that there were reasonable grounds for a referral of allegations.
Despite this requirement, allegations have not been referred by the Department of Education to the school in some cases, but rather have been referred only to the HSE.
Allegations
"The first knowledge on the part of the school about such allegations has been upon receipt of a phone call from or visit by HSE personnel," it says.
"This failure to inform the school has led to great distress for the teacher concerned and has placed the school designated liaison person and the employer in a very difficult position."
Allegations made directly to the department are automatically referred to the HSE. But the unions say this compromises the right of fair procedure, as required by the guidelines.
In a submission to the department, the unions recommend the "unfair practice" of automatic referral be ended.
Reasonable grounds should be established before an allegation be passed on to the HSE. The unions also called for a definition of what constitutes abuse, based on the "children first" principles.
The submission also criticises the retention of files by the department and HSE where the allegations turn out to be false or malicious.
In such cases, it says the name of the teacher should be removed and it should be explicitly noted that the allegations were found to be false or not substantiated.
It is understood the department has not yet responded to the unions' submission.
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(Source: II)