Mandated Person
Mandated Person
Mandated persons are people who have contact with children and/or families and who, because of their qualifications, training and/or employment role, are in a key position to help protect children from harm.
As per Schedule 2 of the Children First Act (2015), in an Early Learning and Care context, the following people are deemed as Mandated Persons:
- Childcare staff member employed in a pre-school service within the meaning of Part VIIA of the Childcare Act 1991
- A person carrying on a pre-school service within the meaning of Part VIIA of the Child Care Act 1991
A full list of all Mandated Persons can be found in Schedule 2 of the Children First Act, 2015 and further information on the roles and responsibilities of Mandated Persons can be found in chapter 3 of the Children First National Guidance, 2017.
Mandated Persons have certain legal obligations under the Children First Act 2015 and these are;
- To report the harm of children above a defined threshold to Tusla
- To assist Tusla, if requested, in assessing a concern which has been the subject of a mandated report
Under the Children First Act mandated persons 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.
Tusla have developed a short video which explains the role and responsibilities of mandated persons. The video can be accessed here.
To further support Mandated Persons understand their responsibilities, Tulsa have also developed a Mandated Person eLearning Programme which provides information on, and understanding of, the role and responsibilities of mandated persons as outlined in the Children First Act 2015.
Making a report
Everybody working with children and their families have an obligation to make a report to Tusla where they believe a child has been harmed, is being harmed, or is at risk if being harmed. For Mandated Persons, this is a legal obligation. All Early Learning and Care services should have a robust Child Protection and Welfare Policy which includes a Reporting Procedure that clearly outlines the steps to be taken by ALL staff where a Child Protection and Welfare concern arises.