<p>
	The former assistant national director of child and family services in the HSE said he was &ldquo;not surprised&rdquo; when approximately 700 unidentified files relating to children, about whom concerns had been raised, were recently unearthed.</p>
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	Phil Garland said there was &ldquo;poor management, poor accounting, and little responsibility&rdquo; within the State&rsquo;s child- protection services.</p>
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	The discovery of the files in the Laois/Offaly area included 822 unacknowledged Garda referrals. Tusla, the Child and Family Agency, has commenced a review of see if any of these referrals were acted upon.</p>
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	Mr Garland said that those tasked with child protection have legislation they must follow in order to avoid charges of reckless endangerment and withholding of information.</p>
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	However, he said he was not aware of any prosecutions of those working in child and family services for either of the above offences.</p>
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	Under the Criminal Justice Act, 2006, an individual with authority or control over a child who &ldquo;intentionally or recklessly endangers&rdquo; the child by placing or leaving them in a situation which creates a substantial risk of serious harm or sexual abuse is guilty of an offence. So too is the person who fails to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation.</p>
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	Under the Criminal Justice Act 2011, a person is guilty of an offence if they fail to disclose information that could be of material assistance in securing a conviction.</p>
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<p>
	Mr Garland, who was not immune to controversy during his time with the HSE &mdash; occasionally criticising government policy on child protection &mdash; has set up his own agency, the Essential Organisation, to advise victims of abuse on how to navigate hurdles that could potentially prevent the abuser being brought to justice.</p>
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<p>
	Because he also previously worked as director of the Archdiocese of Dublin Child Protection Service, he said he is well-positioned to help victims navigate their way through the processes of Church and State to obtain information relevant to their case.</p>
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	During his time with the HSE (2009-13) he acted as an internal reviewer of Freedom of Information requests. He said this experience is useful when advising victims on how to obtain personal files.</p>
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<p>
	Mr Garland said his new agency also advises charities on how to ensure they are compliant with governance requirements and charities legislation.</p>
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	&ldquo;In addition, individuals who have been harmed &mdash; be it bullying, harassment, or abuse &mdash; can come to me. I talk through their experience with them and advise them on what needs to be done, who to report the abuse to, whether they are inside the statute of limitations. It&rsquo;s about pulling the different strands together and taking a collaborative approach,&rdquo; Mr Garland said.</p>
<p>
	<a href="http://www.irishexaminer.com/ireland/ex-hse-director-not-surprised-at-discovery-of-files-328938.html">http://www.irishexaminer.com/ireland/ex-hse-director-not-surprised-at-discovery-of-files-328938.html</a></p>
