Harringtons LLP advises people contacted by Tusla, the Child and Family Agency, about child protection concerns or allegations of abuse. Phelim O’Neill’s work includes responding to investigations, protecting fair procedures and bringing High Court judicial review proceedings where appropriate.
If Tusla contacts you
Take the approach seriously and obtain advice promptly. Record the caller’s name, role and contact details. Ask for the concerns, proposed procedure and any response deadline in writing. Preserve all correspondence. Before giving a detailed account or agreeing an interview, speak with a solicitor about how you should engage. Do not ignore urgent correspondence, a court order or an immediate child-protection issue.
Understanding a CASP assessment
Tusla’s Child Abuse Substantiation Procedure (CASP) addresses current and retrospective abuse allegations for the purpose of protecting children who may be at risk now. It is distinct from a criminal prosecution. We can review the information supplied, the procedure being followed and the response sought from you, and advise on the practical and legal implications.
Fair procedures and the opportunity to respond
An assessment may affect family life, work and reputation. Our advice can address whether the allegation has been sufficiently explained, access to relevant material, your opportunity to respond, the treatment of evidence and proposed communication with third parties. The available procedural protections must be assessed against the particular circumstances and the stage reached.
Where Tusla and Garda investigations overlap
Serious allegations can lead to separate Tusla and Garda processes. A response prepared for one process should be considered in the context of the other. We bring our criminal defence experience to that overlap and can advise on interviews, written submissions and the handling of parallel proceedings.
Considering a challenge to a decision
We examine the decision, reasons, procedure and available review routes before advising whether a legal challenge is appropriate. Judicial review concerns the lawfulness of a public decision or process; it is not simply a fresh hearing of every factual issue. Strict time limits and procedural requirements apply, so seek advice immediately if an adverse decision is proposed or issued.
PRACTICAL ANSWERS
Common questions
Do I need to respond to a letter from Tusla?
You should take it seriously, note every deadline and obtain legal advice promptly. Your solicitor can advise how and when to respond after reviewing the letter and the procedure involved.
Is a Tusla finding the same as a criminal conviction?
No. A Tusla assessment and a criminal prosecution are separate processes with different purposes and legal standards. Both may arise from the same allegation, making coordinated advice important.
Can Tusla contact my employer or another third party?
Information-sharing can arise in child-protection work. Whether a proposed disclosure is lawful and what procedures should precede it depend on the facts. Seek advice promptly if a letter mentions third-party contact.
Can a Tusla decision be challenged?
Potential options depend on the decision and procedure. We can assess available review mechanisms and whether there are grounds for judicial review. A challenge is not automatic and deadlines can be short.
Further information
General information about legal services in Ireland. Advice depends on your circumstances. Contact us promptly about any deadline.