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Tusla keeps file on boy accused of abuse even though he's innocent.

  • 31-03-2019 3:18pm
    #1
    Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭


    https://www.irishexaminer.com/breakingnews/specialreports/tusla-playing-a-dangerous-game-with-childrens-lives-914276.html

    One day in 2017, two seven-year-old children had a typically innocent encounter in a school playground. The ultimate outcome of the incident, which lasted for about a second, has been trauma for one of the families, serious questions around training for school principals, and whether or not it is correct that a record be kept on a child wrongly accused of “sexual abuse”.
    It happened on February 10, 2017 during “big” lunch at the primary school which is in Munster. Both children agree on the basic facts. The girl came up to the boy. He had just turned seven, she was a little older. She told him he had a nice hat. He responded by “poking her in the private part”.

    Most professional opinion would say that the allegation here didn’t even constitute sexualised behaviour between a six-year-old (as the boy was then) and a girl of seven.

    Requests that the file be deleted on the basis that it was an unfounded allegation concerning a seven-year-old were rejected. The family appealed this decision. The appeals officer wrote to the family with a decision, saying she “cannot agree to destroy this data and file as it has been correctly created in response to a report of a concern for a child, in accordance with Tusla’s own policies and procedures.”


    Why is Tusla keeping a file about this boy even though he's innocent and no crime even took place in this case?



    Surely, there must be some legal avenue that his parents can pursue in an effort to have the file deleted inspite of the 2012 children amendment to the Constitution?



    Are some social workers pursuing a socio-political agenda of making judgements about families on the basis of spurious allegations?


Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    A complaint was made, an investigation took place, and the record is kept. IMO, it’s better the record is kept in case there’s ever any doubt. It can probably be purged after the required legal data retention period expires.


  • Registered Users, Registered Users 2 Posts: 21,852 ✭✭✭✭dxhound2005


    Their reasoning is set out in the newspaper article.

    Tusla processes personal data for the stated purpose for which is it collected, under consent or other legislation to which Tusla is required to adhere. The legislation to which Tusla is obligated to operate within is complex, including and not limited to, the Child and Family Agency Act 2013, Children First, and data protection legislation.

    Therefore, a particular set of circumstances may arise where complex legal and regulatory consideration is required in order to achieve a resolution to a matter. Tusla has a Record Management Policy which sets out a number of record retention limits, up to and including in perpetuity.

    Legislation does not provide prescriptive retention periods for records but rather a framework within which multiple rights and statutory obligations must be balanced and apportioned.


  • Registered Users, Registered Users 2 Posts: 1,372 ✭✭✭LessOutragePlz


    Are some social workers pursuing a socio-political agenda of making judgements about families on the basis of spurious allegations?

    No.

    Can you provide any more evidence to back up this claim besides this case?


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    No.

    Can you provide any more evidence to back up this claim besides this case?

    Tulsa and the McCabe incident. Accidental copy and paste my arse.


  • Registered Users, Registered Users 2 Posts: 5,092 ✭✭✭Rubberchikken


    maybe theyre keeping it to use inappropriately in the future. after all they're known for that.

    on this particular case, which ive never read about, it seems that a perhaps simple childish act has been blown completely out of hand.
    obviously we'll not know the details but it would be intetesting to know who decided to report this and exactly how accurate the information from a 6 and 7 yos was.


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  • Registered Users, Registered Users 2 Posts: 5,570 ✭✭✭RandomName2


    Six year olds are not subject to criminal responsibility (even were a crime committed). I can't see the merit of keeping a file detailing a non-existent sexual assault. Does the girl in this case have a similar file compiled about her? If she does, she shouldn't. The whole think stinks of America to me.

    When are they planning to get rid of the file (if ever)? Who are they planning to share this information with?

    Many people, and posters here, are typically of the opinion that 'there's no smoke without fire'.. is there a guarantee that this file won't ever come back to haunt this child? I think people are a bit blasé about the hazard of data which may potentially be leaked, hacked, or simply just shared without adequate context.


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    maybe theyre keeping it to use inappropriately in the future. after all they're known for that.

    on this particular case, which ive never read about, it seems that a perhaps simple childish act has been blown completely out of hand.
    obviously we'll not know the details but it would be intetesting to know who decided to report this and exactly how accurate the information from a 6 and 7 yos was.

    Principal is most likely DLP so they made decision to ring care officer. Covering their arse and the B.O.Ms no doubt.


  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    Probably keeping him on file so he can be made attend " consent classes" down the line


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Garda vetting will include soft evidence like this, fecker is screwed for future jobs.


  • Closed Accounts Posts: 1,807 ✭✭✭Jurgen Klopp


    After what they tried to do to McCabe I wouldn't fcuking trust Tusla to wash a car


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  • Registered Users, Registered Users 2 Posts: 26,288 ✭✭✭✭Mrs OBumble


    Seven year olds are not accused of abuse.

    However concerns made be raised if they display non age appropriate sexualised behaviour. Concerns were raised and investigated. Of course a file is kept.

    Do you think the guards delete your file if they investigate you for something and decide the allegation is unsubstantiaed?


  • Registered Users, Registered Users 2 Posts: 13,573 ✭✭✭✭kowloon


    When I was that age punching/kicking people in the crotch was a shared hobby that brought us all together.


  • Site Banned Posts: 40 The Fools


    What an evil thing to do to a little boy.

    **** Tusla.


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Seven year olds are not accused of abuse.

    However concerns made be raised if they display non age appropriate sexualised behaviour. Concerns were raised and investigated. Of course a file is kept.

    Do you think the guards delete your file if they investigate you for something and decide the allegation is unsubstantiaed?
    Keeping files on innocents against their wishes is the cornerstone of every police state.


  • Registered Users, Registered Users 2 Posts: 2,312 ✭✭✭paw patrol


    Seven year olds are not accused of abuse.

    However concerns made be raised if they display non age appropriate sexualised behaviour. Concerns were raised and investigated. Of course a file is kept.


    the allegations were bull**** though and Tusla shouldn't have been involved, the school caused this sh1tstorm by pressing the panic button which I believe were due to notions of self preservation and opting out of their responsibilities.

    the fact that any gombeen on a school board can ring tulsa and cause this grief leaving a child with a permanent file is real police state stuff. Tusla really act like a secret police.

    The child is now marked at age 7. This is scary stuff that these w@nkers (both school and tusla) can do this without censor.

    an allegation alone should not be enough to blacken somebodys name not least a child aged 7.
    Do you think the guards delete your file if they investigate you for something and decide the allegation is unsubstantiaed?

    yes . there is no other reasonable answer because we can see how unsubstantiated allegations follow people around...


  • Registered Users, Registered Users 2 Posts: 419 ✭✭Tacklebox


    Got a dig in the nuts by one of the lads when I was 9 there was always a guy in school who was a bit obsessed with kicking lads in the nuts or kind of side punching some one in the nuts.

    Lads used to call him the feeler, just harmless rough and tumble, he turned out ok

    With the way things are going now after hearing about that 7 year old boy having a file held there, time's have definitely changed.

    Gone are the day's when an old man would pat a kid on the head and say "you're a lovely chap"

    A man couldn't sit on a park bench and see a few kid's playing in the park and just smile to himself in awe of his former child hood, that would be considered down right weird.

    Time's have definitely changed, I worry about what it'll be like when I or if I have grandkids.

    Will it be acceptable to be throwing them in the air a few inches and catching them, will it be acceptable to tickle them like my grandfather tickled me.
    I loved my grandfather he was a very wise man, though me a lot about wildlife and vegetable gardening.


  • Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    The wrongness and stupidity on this thread is ridiculous even for AH.


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