Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of a published policy of the Health Service Executive (HSE) concerning the mandatory reporting of child sexual abuse, and determines that the relevant legislation required that a HSE counsellor notify Tusla (the relevant statutory agency) even where the victim of past harm was now an adult, on the grounds that: (a) a literal reading of the legislation gave rise to that interpretation; (b) that interpretation was consistent with the scheme of the legislation and did not give rise to an absurdity; and (c) the counsellor was required to disclose the abuse even where the person disclosing the past harm did not consent to such disclosure.
Mandatory reporting - Section 14(1)(a) of the Children First Act 2015 - whether historic sexual abuse allegations had to be reported to Tusla - circumstances where abused child was now an adult - whether report required only where child concerned was still a child - application by Director of Counselling with Health Service Executive in Sligo - provision of counselling and psychotherapy - HSE Child Protection and Welfare Policy 2019 - definition of child - definition of harm - statutory interpretation - whether literal interpretation gave rise to an absurdity - human rights.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now