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.

The Childcare Amendment Act 2024 made the following changes to the Early Learning and Care/School aged childcare context:

1. The list of mandated persons in Schedule 2 of the Children First Act, now refers to a broader term ‘early years’ service’
   • Childcare staff member employed in an early years’ service within the meaning of Part VIIA of the Childcare Act 1991
   • A person carrying on an early years’ service within the meaning of Part VIIA of the Child Care Act 1991
2. Part VII A of the Childcare Act 1991 now defines an ‘early years services as a service providing -
   • a pre-school service
   • a school age service
   • a childminding service

THIS MEANS THAT CHILDCARE WORKERS IN PRESCHOOL SERVICES, SCHOOL AGED CHILDCARE SERVICES AND CHILDMINDERS SERVICES THAT ARE REGISTERED WITH TUSLA ARE MANDATED PERSONS.

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

Everyone has a responsibility to report child protection and welfare concerns under the Children First National Guidance.  Under the Children First Act, mandated persons have an additional responsibility to report any knowledge, belief or reasonable suspicion that a child has been harmed, is being harmed, or is at risk of being harmed. The National Child Safeguarding Programme have developed a poster which outlines Child Safeguarding Roles in Early Years Services.

Further information on the roles and responsibilities of Mandated Persons can be found in chapter 3 of the Children First National Guidance, 2017.  

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.

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