Am i legally required to report my abuser to TUSLA?

SpaceCadet1995 · 30-06-2022 7:49pm #1

I was told by a counsellor today that information I provided about sexual abuse a suffered when I was 15/16 (he was the same age) had been reported to Tusla, and they would contact me. But this is something that will ruin my life if I report it. I really don't want to. If I name the abuser, nothing will happen to him, as he is not a current danger to anyone as far as I'm concerned. Apart from my mental health. I just want him out of my life. And a report would involve bringing him back into it. Can they force me to name him?

SouthWesterly · 30-06-2022 7:51pm

They can't force you. You have a right not to make an accusation against anyone.

Is there anyone you can talk to other than your counsellor about this?

SpaceCadet1995 · 30-06-2022 7:55pm

https://www.boards.ie/discussion/comment/119273317#Comment_119273317

Sadly, most people who aren't trained professionals get uncomfortable when the topic of SA is brought up, which is understandable, and medical professionals have a legal obligation to report things like this unfortunately. I thought i would be okay and this wouldn't be reported though since it has been nearly 20 years and he wasn't older.

83hamilton · 30-06-2022 8:55pm

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lisabiscuit · 30-06-2022 9:03pm

They may get in touch but even if they do you do not have to give a name or follow up with them. They may just send you a letter but you are not obliged to reply or anything like that. As far as I'm aware. Best of luck to you.

asdfg87 · 30-06-2022 9:07pm

https://www.boards.ie/discussion/2058252555/am-i-legally-required-to-report-my-abuser-to-tusla

Thankfully i have no experience of counsellors apart from a close family member happens to be a trained councellor who hasn't a clue, as another family when they heard this person was training to be a councellor "physician heal thyself"

I assume there are other reasons why you visir councellors, get on with your life. I had this conversation with my good friend GP and they agree.

83hamilton · 30-06-2022 9:44pm

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Big Bag of Chips · 30-06-2022 9:51pm

@asdfg87 as you say yourself you have no experience of counsellors. There are very very many different types of counsellors for very many different types of issues and scenarios. To make a blanket statement such as you have above is unhelpful, and possibly dangerous. Please read The Forum Charter before posting in The Personal Issues Forum again.

Strumms · 30-06-2022 10:03pm

sounds odd, I’d have thought that if you tell a healthcare professional information in a formal and professional setting they have a confidentiality agreement to adhere to as part of their standards. Interesting reading here though that places some ambiguity on matters.

https://www.irishtimes.com/life-and-style/health-family/is-your-conversation-with-a-therapist-truly-confidential-1.4532938

Notmything · 30-06-2022 10:19pm

https://www.boards.ie/discussion/comment/119273871#Comment_119273871

If they are recognised as a mandated individual, then they have a legal obligation to report allegations of abuse, failure to do so can result in sanction.

Confidentiality is not absolute in a health care setting. If you are told something that qualifies as abuse, you as a professional, have a duty to report it.

There is no expectation or legal requirement on a victim to report abuse, for obvious reasons.

Big Bag of Chips · 30-06-2022 10:29pm

@asdfg87 Please read The Forum Charter before posting in The Personal Issues Forum again. Off topic post deleted.

asdfg87 · 30-06-2022 10:33pm

https://www.boards.ie/discussion/comment/119273816#Comment_119273816

Thats like saying, thats an "ecumenical matter" we cannot talk about that.

This is not professional chips so eat your dinner.

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Warned for ignoring Moderator Instruction. Do not post on this thread again.

Dempo1 · 30-06-2022 10:36pm

OP, truly sorry for what your going through and I sincerely wish you well. Anything you say to your counsellor is privileged and whilst no expert I would be doubtful your obliged to name names as such but there may be obligations with regard to reporting to Tusla, like for example Teachers required to report any concerns. The reporting may just involve your details and a brief outline of your case etc.

I deal with Tusla on an entirely different matter, search for records and they have strict protocols in place. Even if details were reported you'd ultimately, I believe be under no obligation to name names. I have to be honest whilst frustrating due to complicated records searching, I couldn't praise Tusla enough and particularly my Case manager.

Whilst Tusla have a wide remit and statutory obligations, they are more than an investigative organisation and infact offer non judgementmental support but can also refer people to counselling.

Ultimately its your decision and if possible try to get a second opinion, but do what you feel will help you and your wishes will I believe be respected.

Take care

Purple Mountain · 30-06-2022 10:57pm

I always thought with therapy that if the client admitted a crime, then the therapist was obliged to report that but I never heard of how it works if they claim a crime was committed against them.

There are many people who aren't ready to report abuse cases against them. I thought they would never be compelled to do so, perhaps encouraged but not compelled.

That's my two cents.

Musefan · 30-06-2022 11:00pm

The counsellor is legally mandated to report only what you have disclosed. If you don’t wish to proceed, when Tusla contact you, just advise you don’t want to discuss the matter. You do not have to disclose any further info.

Big Bag of Chips · 30-06-2022 11:01pm

As a mandated person, under the legislation you 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. The Act defines harm as assault, ill-treatment, neglect or sexual abuse, and covers single and multiple instances.

https://www.tusla.ie/children-first/mandated-persons/what-are-the-legal-obligations-of-a-mandated-person/#:~:text=As%20a%20mandated%20person%2C%20under,covers%20single%20and%20multiple%20instances.

As an adult now, OP, you will not be forced to do or say anything you are not comfortable with. But your counsellor has to report the incidents.

83hamilton · 30-06-2022 11:08pm

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30-06-2022 11:18pm

Just close the thread.

What the op posted is wildly outside a thread that should be considered as a PI issue.

Big Bag of Chips · 30-06-2022 11:29pm

@[Deleted User] if you have an issue with a thread or post please report it. Commenting on thread is off topic. The poster looked for advice and information and was given it.

If you have an issue with a moderator instruction please address it off thread.

Jequ0n · 01-07-2022 7:07am

It’s ultimately up to you, but I would probably look for another councillor. I have a pretty good idea what I can/ cannot discuss with my therapist as they’d be obliged to disclose information. If this wasn’t made clear to you there is at best a communication issue. You need to tell them how this situation made you feel and get absolute clarity on when and why the councillor needs to disclose information.

You have not named the person, so even if you were to be contacted by Tulsa you can simply refuse to engage with them.

Wezz · 02-07-2022 10:23am

Social worker here who deals with these referrals. Counsellors have to report and we have to follow up. This is the law.

Seeing as you didn’t name the abuser it’s unlikely to go anywhere though. You might get a phone call asking you if he’s still alive, does he have contact with children etc. You don’t have to talk to them if you don’t want to and it will be closed. Just don’t give any identifying information about the person.

CinammonGirl · 06-07-2022 11:27am

OP, I am so sorry for what you have been through. If you would like a listening ear for what you have been through, Samaritans could be a good option (116 123, freephone). They don't offer advice but will simply listen empathetically. Once you don't provide any identifying information, your call will be confidential with them. I wish you the very best.

Beatty69 · 06-07-2022 5:32pm

OP, I have some experience of this through a relative and the counsellors do have an obligation to report to TUSLA but TUSLA won't do anything if you don't want them to so don't worry about that.

I know you don't want him back in your life but it might be useful to share the name with TUSLA in case they have any other complaints against him or will in the future.

Am i legally required to report my abuser to TUSLA?

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