Safeguarding children is not simply a policy requirement. It is the foundation of professional practice in Early Years (EY) and School Age Childcare (SAC) services. Every adult working with children holds a position of trust. With that trust comes a clear legal and ethical duty to act where there are concerns about a child’s safety or welfare. 

In Ireland, mandatory reporting is governed primarily by the Children First Act 2015 and the national guidance Children First: National Guidance for the Protection and Welfare of Children (2017). For those working in regulated childcare settings, these responsibilities also sit alongside obligations under the Child Care Act 1991 (Early Years Services) Regulations 2016, as monitored by Tusla,  the Child and Family Agency. 

This blog explores what mandatory reporting means in practice  and why fostering a culture of early, confident reporting is essential for children, educators and services alike. 

Under the Children First Act 2015, certain professionals are defined as mandated persons. In EY and SAC settings, this typically includes Early Years Educators, School Age Childcare Practitioners, Managers and Designated Persons, Registered Providers, and social care and childcare professionals. 

Mandated persons are legally required to report to Tusla where they know, believe or have reasonable grounds to suspect that a child has been harmed, is being harmed, or is at risk of being harmed, or where they receive a disclosure of harm from a child. The threshold is reasonable grounds for concern, not proof. 

What Must Be Reported? 

Harm under the Act includes physical abuse, emotional abuse, sexual abuse and neglect. 

Concerns may arise through a child’s disclosure, a pattern of injuries, behavioural changes, concerning interactions between adults and children, or repeated boundary crossings. Safeguarding concerns are not limited to actions within a family context and may also arise within professional environments. 

The Role of the Designated Liaison Person (DLP) 

Every EY and SAC service must have a Designated Liaison Person (DLP) and a Deputy DLP. The DLP receives concerns from staff, assesses whether the threshold for mandated reporting is met, submits mandated reports to Tusla where required, and maintains confidential records. 

While the DLP coordinates reporting, the legal duty remains with the mandated person. A staff member cannot discharge their obligation simply by assuming someone else will act. 

When Concerns Involve Colleagues 

In professional environments built on teamwork and trust, it can feel uncomfortable to raise concerns about a colleague. Educators often work closely together and may hesitate, questioning whether they have misinterpreted what they observed or worrying about causing difficulty within the team. 

These reactions are human and reflect the desire to maintain harmony. However, safeguarding requires that the child’s welfare remains the primary consideration. 

Children rely entirely on adults to recognise and respond to situations they cannot name, interpret or report themselves. Where inappropriate behaviour is observed , even behaviour that appears minor in isolation, it is important that it is documented and brought forward promptly through the correct internal channels. 

In many disciplinary investigations carried out by Canavan Byrne, it is often found that concerns had been noticed earlier but were not escalated at the time. This is rarely due to ill intent; more often it reflects uncertainty, discomfort or lack of confidence in the reporting process. Creating clarity and confidence around reporting is therefore essential. 

Creating a Culture of Confident Reporting 

A strong safeguarding culture is built deliberately. 

Services should maintain clear, up-to-date policies including a Child Safeguarding Statement, reporting procedures, a Code of Behaviour for staff and a complaints procedure. These should be embedded in daily practice. 

Regular training supports staff in understanding thresholds, recognising boundary concerns and documenting issues appropriately. Ongoing professional development strengthens confidence. 

Managers play a critical role in modelling openness. Staff must feel assured that raising a concern is viewed as professional and protective, not disloyal. 

Not every concern will meet the mandated reporting threshold, but early internal recording allows patterns to be identified over time. Small concerns, viewed collectively, can reveal larger safeguarding risks. 

The Ethical Dimension of Mandatory Reporting 

While legislation sets out the framework, safeguarding is fundamentally an ethical commitment. Families entrust services with their children during formative years. That trust requires vigilance, professional courage, clear boundaries and accountability. 

Raising a concern is not an accusation it is a protective action focused on the welfare of the child. 

If a concern arises, educators should record the facts promptly and objectively, avoid discussing widely with colleagues, bring the concern to the DLP, follow escalation pathways where required, and submit a mandated report directly to Tusla if necessary. Educators are not investigators; they are reporters of concern. 

Providers, Boards and managers must ensure safeguarding remains a standing agenda item. Whistleblowing and protected disclosures procedures should be clear and accessible. Concerns involving adults in the service must be handled promptly, fairly and in line with natural justice. A culture of safeguarding protects children, staff and the integrity of the service. 

Mandatory reporting in EY and SAC settings is not simply a regulatory requirement. It is a shared professional responsibility. When reporting becomes calm, factual and child-centred, safeguarding is strengthened. Ultimately, this is the standard our youngest children deserve.