The frequent use of the phrase “Something occurred but I refuse to disclose it” in the realm of therapy often alludes to previous instances of child maltreatment. However, thanks to a new favourable verdict from the Court of Appeal, therapists can likely expect to hear this less frequently moving forward.
The verdict indicates that therapists are no longer obliged to forward a client’s report to Tusla unless there exists a risk of child abuse or unless the client specifies their desire for the report to be shared. In my opinion, the apprehension of igniting an investigation into past occurrences has discouraged victims from discussing their experiences with therapists. This new verdict, however, dispels these fears.
One might question why some victims would be reluctant to have historical abuse reports shared. Although some victims enlist the help of therapists to file such reports, this is not always the case. Often, the individual, now mature, who suffered these abuses as a child, does not perceive any immediate threat to others and fears disturbing the family dynamic with such allegations. Morally, the real instigator of this uproar is undeniably the original abuser. However, the victim may not be prepared to confront the potential familial disputes or possibly even ostracisation, which customarily follows allegations of abuse, specifically when the abuse implicates a family member.
Counsellors, for these reasons, have regularly notified potential clients that a report might need to be filed to Tusla if any historic maltreatment comes to light and the individual can be recognised.
What’s the motivation behind counselors pre-warning clients this way? Primarily because they advocate for their clients’ best interests. The last thing they want is to put their clients through the trauma of filing unwanted reports that yield little to no advantage. It is challenging to substantiate cases of historic abuse, and the fallout from such a report can often leave the individual bearing an additional weighty burden.
HSE protocol, which instructs its mandated workers to report allegations of historic child abuse to Tusla, ignoring the preferences of the client, was brought into question in the High Court by Tom McGrath, the director of counselling with the HSE in Sligo.
According to The Irish Times, previous regulations from the HSE necessitated a prompt communication to Tusla, even if the affected individual is presently an adult, with no ongoing peril to a child or the alleged offender could not be identified. Any adult client refusing to provide written permission for their child abuse account to be forwarded to Tusla, was obstructed from obtaining counselling. Certain private practice counsellors disregarded these norms, unwilling to expose their clients to a system that may result in a futile investigation and consequential distress.
The High Court initially supported the HSE’s perspective, but the Court of Appeal has since overruled this ruling. Counsellors continue to have an obligation to report any rational suspicion concerning a child’s danger of harm and should convey their client’s reports of past abuse with their approval. Clare Daly, a lawyer specialising in childcare, emphasised in the Irish Legal News that the pivotal question involves potential risks to children. If there’s risk established, notification becomes a mandate.
Many counsellors might be reassured with this ruling that no reporting is necessary when their client’s unwillingness to report and there’s no indication of a child being in harm’s way. However, this doesn’t exonerate historical culprits. The court confirmed that adult clients of the National Counselling Service were more likely to cooperate with Tusla after having safe therapeutic bonds.
Padraig O’Morain, renowned for his Instagram and Twitter insights (@padraigomorain), holds an accreditation by the Irish Association for Counselling and Psychotherapy. His publications include ‘Kindfulness – a guide to self compassion’, and he also offers his daily mindfulness reminders through free email ([email protected]).