What you need to know
We ran a successful pilot workshop for schools in Dublin, bringing together educators and legal professionals to consider the critical legal issues schools face in a child protection context and to identify the areas of training that would make the greatest impact. This article distils the key issues and insights shared by 35 schools from across the county. Four themes consistently emerged as the most pressing areas for schools to address:
- Schools must fully adopt the new child protection procedures by the end of December 2026.
- Teachers remain subject to mandatory reporting obligations where child harm is known, suspected or considered likely.
- Schools should ensure safeguarding policies clearly address reporting, Garda engagement and allegations involving staff, students or others.
- Teachers and principals may increasingly be asked to assist Tusla assessments or give evidence in child protection proceedings.
Introduction
Over the last 10 years, there has been an increased onus on schools to play a more active role in the reporting and assessment of child protection concerns under the Children First Act 2015. This was highlighted during the COVID-19 pandemic where the school closures had a significant impact on child welfare for children and their families.
There were over 38,000 mandated child protection reports made to the Child and Family Agency, Tusla in 2025. Almost 20% of these were made by schools, making them the second highest referrer to Tusla, with referrals from members of An Garda Síochána being the highest. In addition to having one the highest referral rates, schools are also playing a more active role in child protection cases in the following ways:
Internal child protection procedures and safeguarding
The child safeguarding statement, which was introduced in the Children First Act 2015 requires schools to outline all the ways in which they manage the risk to children. Schools must have this available for inspection by Tusla or parents, on request. There is increased focus on the new child protection school procedures, which must be fully adopted by the end of December 2026. The procedures emphasise the importance of robust school child protection policies and the necessity for ongoing training for all school personnel at primary and secondary levels across Ireland. In particular, the procedures highlight the crucial roles of the Designated Liaison Person (DLP) and the Deputy Designated Liaison Person (Deputy DLP). They also provide enhanced clarity on how to identify and report child protection concerns directly to Tusla and An Garda Síochána.
While the main compliance issue for schools is mandated reporting under the Children First Act 2015, schools also need to be aware of the additional requirements under the Criminal Justice Act 2012. These include the reporting of crimes against children or vulnerable persons.
To fully comply with child safeguarding statements, schools should document a clear process for meeting their duty of care to children and their families. This should address how the school will handle allegations of child abuse or neglect, whether made against teachers, other students, parents or members of the community. It should also cover the vetting process, mandated reporting requirements and the circumstances in which the school will need to liaise directly with An Garda Síochána on a child protection matter.
Compliance with legal framework for child protection
Many education professionals have expressed the need for increased understanding of the wider context of the legal framework for child protection in Ireland.
It is important that schools have a clear understanding of the Child Care Act 1991, as it is the key legislation for child protection in Ireland. Its provisions create a blueprint for state intervention in family life in Ireland, which is undoubtedly helpful for schools. Many teachers report a lack of transparency concerning the threshold that needs to be met before a child is placed into State care. As a result, further knowledge of the rationale for State intervention will help to provide context to child protection cases.
Article 42 A of the Irish Constitution states that:
In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child”.
When read alongside the Child Care Act 1991, the State must meet a very high threshold before it can take a child into State care in place of their parents. There is a clear focus on acting in the child’s best interests balanced with the fair process for the parents and proportionality of any State intervention. In Ireland, it is strictly incumbent for State bodies to explore the least invasive measure to mitigate the risk to the child. Safety and family support plans must be explored before a child can be placed in State care.
Sharing information with Tusla and court
There is a lot of discussion around the sharing of information between schools, TUSLA and other professionals. As a mandated person, teachers are required to report any knowledge, belief or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed. In addition, all mandated persons can be asked by TUSLA to provide any necessary and proportionate assistance in assessing the risk to a child from a mandated report. Assistance includes verbal or written information or attendance at meetings. Any information shared by TUSLA with the mandated person cannot be shared with a third party unless this has been authorised by TUSLA.
It is important for schools to note that this additional information may be referred to in future court proceedings and the evidence of the teacher, as a mandated person or referrer, may be required. However, the in-camera rule strictly limits what information can be shared from public law proceedings. In practice, this often means schools receive very little feedback on a child’s care status or circumstances, which can be a source of frustration for educators involved in the process.
In the last few years, we have seen increased attendance in court from teachers and principals in child protection cases and this was highlighted as a key area of interest in our workshop earlier this year.
Conclusion
Schools now have a significant role throughout the child protection process, from identifying and reporting concerns to assisting Tusla assessments and, in some cases, providing evidence in court proceedings.
Clear internal procedures, appropriate training and a practical understanding of the wider legal framework can help school leaders and staff meet these responsibilities with greater confidence.
We will be delivering a new online legal training programme for schools in autumn/winter 2026, focused on the legal and practical issues outlined in this article. The programme will combine pre-recorded training, which participants can access at a time that suits them, with supporting reading materials and a live online workshop. Participants will receive a total of four hours of CPD.
The cost is €250 per participant.
If you would like to register your interest and receive further details when registration opens, please use the link here:
For more information and expert advice, contact a member of our Health & Prosecutions or Education team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
