Introduction
The Commission of Investigation into the Handling of Historical Child Sexual Abuse in Schools has been established to investigate how concerns and complaints of child sexual abuse were handled in schools in Ireland.
The Commission’s work will examine the actions taken (or not taken) in response to reports of such concerns made to a range of institutions and authorities, including the Department of Education and Youth, An Garda Síochána and the Health Service Executive (HSE), health boards and Tusla, the Child and Family Agency. The abuse must have occurred from 1927 to 2013, but may have been reported more recently.
Scope of the Commission’s Investigation
Under its Terms of Reference, the Commission will:
- Examine the handling by schools, and persons and entities responsible for and associated with schools, of concerns of child sexual abuse.
- Examine how complaints of child sexual abuse in schools reported to relevant State bodies were handled.
- These bodies include:
- The Department of Education
- An Garda Síochána
- The Health Service Executive (and its predecessor bodies)
- Tusla – Child and Family Agency
- Identify whether there were failures in reporting, responding to, or preventing abuse.
- Examine relevant systems, policies, practices and decision-making processes over time.
The Commission’s focus is on the handling of concerns and systemic responses, rather than investigating individual allegations.
In other words, the Commission is only empowered to investigate the handling of concerns and systemic responses; it does not have the power to investigate and determine individual allegations of child sexual abuse
Records and Documentation
State bodies and Departments may hold records that are relevant to the Commission’s investigation. These may include, for example:
- Reports, files or correspondence relating to allegations or concerns.
- Records of notifications, referrals or investigations.
- Internal communications, briefing materials or policy documents.
- Records of decisions, actions taken, or reasons for inaction.
- Historical guidance, circulars or procedures.
Records should not be destroyed, altered or disposed of, as they may be required by the Commission as part of its Investigation. Under Section 31 of the Commissions of Investigation Act 2004, there is an obligation on all persons who have in their ‘possession or power a document, or information in any form, relating to any matter which is within the Commission’s terms of reference’ to preserve that document or information.
All relevant bodies are strongly advised to take immediate steps to preserve any records in their possession, custody or control that may relate to:
- Complaints or reports of historical child sexual abuse in schools.
- The handling of such concerns.
- Any actions taken or not taken in response.
This includes both paper and electronic records, as well as archived material held off-site or by third parties.
Records should not be destroyed, altered or disposed of, as they may be required by the Commission as part of its Investigation.
Approach to Information Gathering
Given the scale and historical nature of the matters under examination, the Commission will adopt a structured and proportionate approach to gathering information.
Initial Survey
The Commission will begin by conducting an initial survey seeking information from survivors, and others, about sexual abuse related to a school. This information will assist the Commission in:
- Understanding the volume and nature of complaints of historical sexual abuse related to schools.
- Identifying areas or cases where there is sufficient material to support detailed examination.
Sampling Approach
Following this initial phase, the Commission will adopt a sampling approach, selecting specific cases or categories of cases for detailed Investigation.
This approach is necessary to enable the Commission to carry out a meaningful and evidence-based Investigation within its five-year timeframe.
Information Requests
Where a State body is identified as relevant to the Commission’s detailed work, the Commission will:
- Write directly to request further information or documentation.
- Specify the particular matters, cases or categories of records required.
- Set out any applicable timeframes and procedures.
Cooperation with the Commission
The Commission intends, wherever practicable, to carry out its work on the basis of voluntary cooperation.
Under the Commissions of Investigation Act 2004, a Commission:
- Is expected to seek and facilitate voluntary cooperation from individuals and organisations.
- Has the legal authority, where necessary, to require the production of documents and compel witnesses to provide evidence.
The Commission expects that all State bodies and Departments will engage constructively and provide full assistance. Where necessary, the Commission may exercise its statutory powers to ensure that relevant information is provided.
Further Information
Further information about the Commission’s work, including updates and guidance, will be made available on this website.
State bodies and Departments are encouraged to:
- Review their records management and retention arrangements.
- Identify and secure relevant historical records and archives.
- Prepare to respond to requests from the Commission in a timely and comprehensive manner.