If an allegation relates to a member of Church personnel who is deceased, the requirement to report to the statutory agencies is different:

Children First Guidance states “ In cases of retrospective abuse, a report needs to be made where there is a current or potential future risk to children from the person against whom there is an allegation. The term retrospective abuse refers to abuse that an adult discloses that took place during their childhood.” If the respondent is deceased then they cannot pose a risk to children and therefore Tusla do not need to be informed.

The DLP of the respondent’s Church body may determine that Tusla should be informed as they have a role in offering support to children and families affected by abuse.

In summary if the allegation relates to a member of Church personnel who is deceased

  • and the complainant is an adult in ROI – The person who receives the allegation must report it to the DLP of the respondent’s Church body who will assess if it meets the threshold for reporting, and report it to the Gardai by emailing nbci_scmu@garda.ie. If the person who received the allegation is a mandated person they will complete the form jointly with the DLP of the respondent’s Church body. The DLP of the respondent’s Church body will also report it to the Church authority and the NBSCCCI using 2.1A Template 1 (for clerics and religious only).
  • and the complainant is a child in ROI – The person who receives the allegation must report it to the DLP of the respondent’s Church body who will assess if it meets the threshold for reporting and notify the gardai by emailing nbci_scmu@garda.ie. If the person who received the allegation is a mandated person they will complete the form jointly with the DLP of the respondent’s Church body. The DLP of the respondent’s Church body will also report it to the Church authority and the NBSCCCI using 4.34 (for clerics and religious only).In both jurisdictions in Ireland
    • the HSCT/Tusla have a statutory duty to provide support to children and their families (including adult carers).
    • An Garda Siochana/PSNI have a statutory duty to assess whether a criminal offence has occurred.
    • The Church authority has a responsibility to provide a pastoral response to the complainaint (see Standard 3), and consideration should be given to any further action by the Church authority (see Standard 4).