Fears for social workers in child-protection laws

THE proposed amendment to the Constitution enshrining children’s rights could expose social workers to false accusations, it was claimed yesterday.

Philip McFadden, president of the Irish Association of Social Care Workers (IASCW) said a proposal, on the exchange of ‘soft information’, will have to be changed as it could create a new barrier in the field of child care.

Mr McFadden said the association’s 8,500 members would be left unprotected against false accusations, if the amendment was approved, without change to that proposal.

But Minister for Children, Brian Lenihan defended the exchange of soft information proposal.

He insisted none of the seven elements of the amendment would undermine the role of parents or the constitutional safeguards for the family. “The first of these provisions will permit the exchange of so-called soft information about suspected child abusers. It is a matter of grave concern to the Government that the constitution, as it stands, inhibits the power of the Oireachtas to provide for the exchange of information between the gardaí, social services and prospective employers of people working with children.”

Mr Lenihan said this means that it was difficult to warn employers about people who have been suspected of, but not charged with, sexual misconduct relating to children. “This is clearly an imbalance in our constitution, one which this present amendment will set right,” he said.

Addressing the IASCW annual conference in Castleconnell, Co Limerick, he said even if an individual was cleared of an accusation, the current proposal would leave a “no smoke without fire” suspicion hanging over a totally innocent person.

Mr McFadden said: “The organisation is concerned that the proposal would allow information about accusations of abuse against staff to be exchanged even when the allegations have been dropped or proved to be unfounded.

“This could have the unintended effect of undermining essential services to vulnerable children, as well as depriving social care staff of the right to their good name.”

Mr McFadden said: “Introducing unproven or disproved allegations in the vetting process could leave innocent social care staff totally unprotected against false accusations, which could have a devastating effect on their careers, incomes and standing in society. Our fear is this could discourage many high quality social care professionals from seeking work or continuing to work in childcare.”

Addressing 120 delegates, he reiterated that the issue of soft information in the Amendment could have a devastating impact.

It could, he said, lead to a recruitment crisis in a sector where it was already difficult to recruit and retain staff.

Mr McFadden said his association would be available to discuss the concerns and explore how the system could be improved without creating a new barrier to better child protection.

The IASCW, he said, start from a fundamental position of welcoming measures that would strengthen child protection and reduce the risk of abuse and ill-treatment of children.

“However, we have some concerns which may be unintentional,” he said.