LSP-I Appendix 6 – Reporting Procedures

Reporting an allegation (NBSCCCI Guidance)

§1 Tusla (for RoI) and HSCT (for NI) each have a statutory duty to provide support to children and their families (including adult carers). Likewise, An Garda Síochána (for RoI) and PSNI (for NI) each have a statutory duty to assess whether a criminal offence has occurred.

§2 The Church authority has a responsibility to provide a pastoral response to the complainant (see Standard 3 – Care and Support for the Complainant), and to give consideration to whether any further action by the Church authority is required (see Standard 4 – Care and Management of the Respondent).

§3 It is not the role of a person receiving an allegation to investigate it. 

§4 If you receive an allegation which relates to a deceased member of Church personnel, the requirement to report to the statutory agencies differs from the case of a living respondent:

1° RoI — Children First Guidance: “In cases of retrospective abuse, a report [to Tusla] needs to be made where there is a current or potential future risk to children from the person against whom there is an allegation. The term retrospective abuse refers to abuse which an adult discloses, and which took place during their childhood.” If the respondent is deceased, then they cannot pose a risk to children and therefore Tusla do not need to be informed.

2° NI — all allegations against clerics and religious should be shared with the DLP of the respondent’s Church body, who will assess whether it meets the threshold for reporting and will then pass this to the HSCT and PSNI.

3° In either case the DLP of the respondent’s Church body may determine that Tusla / HSCT should be informed, as they may have a role in offering support to children and families affected by the abuse.

§5 The various reporting steps to be taken on receipt of an allegation, suspicion or concern, will depend on the status of the complainant and of the respondent.

§6 If the allegation concerns a respondent who is living, and who

1° is not a member of Church personnel, and the complainant is —

• an adult or child in NI, the person who receives the allegation must report it to the HSCT and PSNI using template Model A (they can consult the DLP anonymously about this);

• an adult in RoI, the person who receives the allegation should complete the Retrospective Abuse Report Form and forward it to Tusla – or use the Tusla web portal – and they should also report it to An Garda Síochána using the email address nbci_scmu@garda.ie (they can consult the DLP anonymously about this);

• a child in RoI, the person who receives the allegation should complete the Child Protection and Welfare Report Form and forward it to Tusla – or they can use the Tusla web portal – and they should also report it to An Garda Síochána using the email address nbci_scmu@garda.ie (they can consult the DLP anonymously about this). 

2° is a lay member of Church personnel, and the complainant is —

• an adult or child in NI, the person who receives the allegation must report it to the DLP of the respondent’s Church body who will then assess if it meets the threshold for reporting and make the referral to the HSCT and PSNI using NBSCCCI 2.1A Template 1 – or in the case of the Prelature, Model A – and the DLP will also report it to the Church authority,

• an adult in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body, who will assess if it meets the threshold for reporting and will complete the Retrospective Abuse Report Form, forward it to Tusla – or use the Tusla web portal – and will also report it to the Church authority. The person who receives the allegation should then report it to An Garda Síochána using the email address nbci_scmu@garda.ie and, if he or she is a mandated person, should complete the Tusla form jointly with the DLP. 

• a child in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body, who will assess if it meets the threshold for reporting and will complete the Child Protection and Welfare Report Form, forward it to Tusla – or use the Tusla web portal – and will also report it to the Church authority. The person who receives the allegation should then report it to An Garda Síochána using the email address nbci_scmu@garda.ie, and if he or she is a mandated person, should complete the Tusla form jointly with the DLP. 

3° is a cleric member of Church personnel, and the complainant is —

• an adult or child in NI, the person who receives the allegation must report it to the DLP of the respondent’s Church body who will then assess if it meets the threshold for reporting and make the referral to the HSCT and PSNI using NBSCCCI 2.1A Template 1 – or in the case of the Prelature, Model A. The DLP will also report it to the Church authority, who (if the allegation relates to sexual abuse by a cleric who is not deceased) will inform the DDF – using NBSCCCI 2.1A Template 2 and to the National Board, using NBSCCCI 2.1A Template 1 – or in the case of the Prelature, Model A. 

• an adult in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body, who will assess if it meets the threshold for reporting and will complete the Retrospective Abuse Report Form and forward it to Tusla – or use the Tusla web portal. The person who receives the allegation should then report it to An Garda Síochána using the email address nbci_scmu@garda.ie and, if he or she is a mandated person, should complete the Tusla form jointly with the DLP. The DLP will also report it to the Church authority, who (if the allegation relates to sexual abuse by a cleric who is not deceased) will inform the DDF, using NBSCCCI 2.1A Template 2, and the National Board, using NBSCCCI 2.1A Template 1 – or in the case of the Prelature, Model A. 

• a child in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body, who will assess if it meets the threshold for reporting and will complete the Child Protection and Welfare Report Form and forward it to Tusla – or use the Tusla web portal. The person who receives the allegation should then report it to An Garda Síochána using the email address nbci_scmu@garda.ie and, if he or she is a mandated person, should complete the Tusla form jointly with the DLP. The DLP will also report it to the Church authority, who (if the allegation relates to sexual abuse by a cleric who is not deceased) will inform the DDF, using NBSCCCI 2.1A Template 2, and the National Board, using NBSCCCI 2.1A Template 1 – or in the case of the Prelature, Model A. 

§7 If the allegation concerns a person who is deceased, and who was a member of Church personnel, and the complainant is —

• an adult or child in NI, the person who receives the allegation must report it to the DLP of the respondent’s Church body who will then assess if it meets the threshold for reporting and make the referral to the HSCT and PSNI using 2.1A Template 1. They will also report it to the Church authority and the National Board using 2.1A Template 1 (for clerics and religious only). 

• an adult in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body who will assess if it meets the threshold for reporting, and report it to An Garda Síochána by emailing nbci_scmu@garda.ie. If the person who received the allegation is a mandated person they will complete the form jointly with the DLP of the respondent’s Church body. The DLP of the respondent’s Church body will also report it to the Church authority and the National Board using 2.1A Template 1 (for clerics and religious only). 

• a child in RoI, the person who receives the allegation must report it to the DLP of the respondent’s Church body who will assess if it meets the threshold for reporting and notify An Garda Síochána by emailing nbci_scmu@garda.ie. If the person who received the allegation is a mandated person they will complete the form jointly with the DLP of the respondent’s Church body. The DLP of the respondent’s Church body will also report it to the Church authority and the National Board using 2.1A Template 1 (for clerics and religious only). 

§8 If there is any uncertainty about whether the allegation / concern meets the threshold for reporting, a consultation should take place with the relevant DLP (anonymously if required) who may consult with the statutory authorities, who will advise on the requirements for notification. It is important to remember that the web portal is only for Tusla and will not allow you to print out forms. It is therefore advisable to complete the form manually so it can be forwarded to An Garda Síochána and retained in the case file (Guidance 2.2B).