LEGAL GUIDE BES

This chapter describes what is meant by the terms domestic violence and child abuse2. The terms are described and examples are used to explain what they do and do not include. The chapter also discusses the relationship between criminal law and domestic violence/child abuse.

 1.1 Domestic violence

 Description
Domestic violence includes any form of physical, mental, or sexual violence, or threat thereof, by someone in the domestic circle. The domestic circle includes the partner, former partner, family members, housemates and other persons who (not because of their job or profession) regularly visit the home. A characteristic of domestic violence is that there is or has been a certain dependency relationship between victim and perpetrator, regardless of where the violence takes place.

NOTE – Domestic violence also includes economic violence. Economic violence means that a victim is forced by the dependent position vis-à-vis the perpetrator to hand over savings or income or not to do paid work (anymore).

Examples of domestic violence
 A man runs into his ex-partner with her new boyfriend on the street and hits her
This is a form of domestic violence because the violence is committed by an ex partner. Domestic violence does not necessarily take place in a home, the point (in this example) is that the perpetrator is the victim’s ex-partner

 A 15-year-old daughter bites her father, who lives elsewhere and comes to visit, in his arm
This is a form of domestic violence because the violence is committed by a family member. It does not matter that the father lives elsewhere.
Note: Minors can also be perpetrators of domestic violence and child abuse.

2 The definitions of domestic violence and child abuse are used internationally and are also included inthe Social Support and Combating Domestic Violence and Child Abuse Decree BES.

A son runs errands for his elderly mother every week
Without the mother’s knowledge, the son also pays for his own groceries with his mother’s money.
This is a form of elder abuse, namely financial exploitation by someone in the victim’s domestic circle.

 A husband threatens his wife

A husband threatens his wife that he will kick her ass if he sees her talking to the neighbor again.
Threats of violence by someone in the home, such as a partner or spouse, are also a form of domestic violence.

A woman claims her boyfriend’s income
A woman forces her boyfriend to hand over the money he earns from cleaning work to her. The man has a residence permit tied to his relationship with his girlfriend.
Economic violence is also a form of domestic violence. In this form of violence, the perpetrator abuses the victim’s dependent position by, for example, forcing them to hand over savings or
income, or by forbidding them from gainful employment.

A man forces his partner to have sex
Forcing sex, including by the partner or spouse , is a form of domestic violence.

Domestic violence and criminal justice
Domestic violence is often criminal. For example, it can include assault, rape and deprivation of liberty. The threat of violence is also punishable under certain conditions³ . Sometimes domestic violence will be difficult to prove criminally, and in certain cases, such as humiliation and control, it is conceivable that there is no crime.

It is important that professionals realize that even in forms of domestic violence that are difficult to prove criminally or that are not punishable, (serious) harm can occur to victims. Therefore, these forms of domestic violence must also be identified and addressed so that the violence stops and victims are protected.

Conclusion domestic violence 

• Domestic violence does not have to take place in the home. The term domestic violence refers to the relationship between perpetrator and victim not where the violence takes place

• Threats of physical, psychological or sexual violence fall under domestic violence

• Economic violence, in which the victim, because of his dependence on the perpetrator, is forced to hand over his money or not do paid work (anymore), is a form of domestic violence

3 Art. 297 of the BES Criminal Code criminalizes the threat of violence if the threat compels the victim to do, tolerate or refrain from doing something.

1.2 Child Abuse

 Description
The legal definition of child abuse consists of a long sentence: any form of interaction of a physical, psychological or sexual nature that is threatening or violent to a minor; that the parents or other persons to whom the minor is in a relationship of dependence or of unfreedom with; actively or passively imposes, which causes or threatens to cause serious harm to the minor; in the form of physical or psychological injury.

Given this definition, what matters for child abuse is that physical or mental harm occurs, or is likely to occur, to a minor as a result of physical, psychological or sexual violence perpetrated by a parent or another on whom the child is dependent.

Note: Child abuse includes witnessing domestic violence as a minor.

 Examples of child abuse

 Shouting and humiliation
Parents constantly yell at their child for being stupid and ugly. Even if the parents do not commit physical violence, constant yelling and humiliation is also a form of child abuse because it also severely damages the child psychologically.

 Child neglect
Because of an alcohol addiction, a mother has not been feeding her young children enough for months, barely washing her children and not taking them to school on time. Even though the mother does not use physical violence, she neglects her children by not caring for them properly. Neglect is also a form of child abuse.

 A 16-year-old boy abuses his 13-year-old sister
This sexual violence is a form of child abuse, even if the perpetrator himself is still a minor

 Arguing and the occasional slap when the children have gone to bed
While the children are in bed, the mother and her boyfriend often argue; they yell and curse at each other, and sometimes a slap occurs.
If children witness domestic violence between adults, it is a form of child abuse, even if the children are already in bed and are not supposed to hear or notice anything.

 Corrective tap
A three-year-old toddler has had the habit for some time of screaming very loudly and lying on the floor when he does not get his way. To make it clear to the child that they absolutely do not want this behavior, his parents now give him a corrective tap every time he starts screaming again.
This is a form of child abuse that is explicitly prohibited in the BES Civil Code, which stipulates that parents may not use physical or mental violence in parenting and care4

Child abuse and criminal law
If the child abuse is punishable, for example if physical or sexual violence has been used against children, police and the justice system can take criminal action5. In that context, it will sometimes be possible not only to punish the perpetrator, for example the (grand)parent, but also to offer help in the enforced framework of criminal law. But criminal justice alone is usually insufficient. Other agencies are also needed to protect the child and support the family, such as voluntary youth care or, if necessary, forced youth care as part of a child protection order.

4 Art. 1:247 Civil Code BES
5 See Article 313-319 of the BES Criminal Code

Criminal cases involving child abuse are sometimes difficult to prove criminally. For example, because it is unclear whether the father, grandfather or big brother is the perpetrator. It also happens that family members do not want to testify and no one else was present during the violence. Even then criminal action is difficult. And there are also forms of child abuse that are not criminal offenses. Parents who, due to a mental illness or intellectual disability, for example, do their best but do not provide adequate care for their child, usually do not commit a criminal offense. But there may be child abuse in the form of neglect.

It is important that professionals realize that even in forms of child abuse that are difficult to prove criminally or that are not punishable, (serious) harm can occur to children, Therefore, it is necessary that these forms are also identified so that parents and children get help and children are protected.

Conclusion child abuse 

• Child abuse is not only physical and sexual violence; screaming, humiliation and neglect are also forms of child abuse

• Even when parents mean well but seriously harm their children unintentionally, child abuse can occur

• When a child witnesses domestic violence, it is a form of child abuse

• A “pedagogical slap” is also a form of child abuse

When dealing with domestic violence and child abuse, it will often be necessary to share information about clients with others. For example, to put together the signals from different professionals or to agree on, and implement a joint approach.

Many professionals and agencies require permission from their client to share information about him or her with others⁶ . This applies at least to social care workers, such as social workers, youth care professionals, midwives, nurses, physicians, staff in women’s shelters, addiction care and mental health services.

Among social workers, the consent requirement is called professional secrecy. In other professions and institutions, such as school and probation, it is usually referred to as the consent requirement.

This section describes, for all cases in which a professional needs consent from their client or parents, how consent should be sought and the requirements under the law for seeking consent.

The consent requirement is not absolute. For all professionals who need permission to share information, the question of what to do if they do not receive permission regularly arises. In the case of (signals of) domestic violence and child abuse, professionals have a reporting right which makes it possible to share information with the HGKM Advice and Reporting Center even without permission. For this reporting right, see chapter 3.

6 For the specific legal rules governing the consent requirement by profession, see Part 2.

2.1 Importance of consent

The purpose of the professional secrecy or consent requirement is to make the threshold to help, shelter, guide and support as low as possible. If clients can trust that a professional is careful with what they know about them, they will be more willing to ask for help. And clients are also more likely to speak freely with a professional. The consent requirement allows clients to retain some control. They determine whether what they tell the professional may be shared with others. Should clients find that what the professional knows about them is passed on to other agencies behind their backs, this will damage clients’ trust. The risk of clients dropping out or not coming the next time is then increased.

2.2 Requesting permission

What is important when asking for consent is that the client knows what he or she is consenting to. The professional must first explain why and with whom he/she wants
to share information and what will be discussed before asking the client for consent. We call this asking for informed consent.

Written or oral

According to the law⁷ , oral consent is just as valid as written consent. However, when consent is given verbally or by telephone, it is important that it is recorded in the file or registration system so that it is clear who gave consent, when, and for what.

If consent given verbally or by telephone is noted in the file, this note , is considered proof that consent was given, even by complaints committees and disciplinary judges, even if the client would later say it was not.

Some institutions tighten up the consent requirement in their protocols and regulations by stipulating that the client must give his consent by signature on a consent form. Obviously, staff within the institution, where such a requirement applies, must comply.

Nevertheless, it is good to know that consent is also valid if a client gives verbal consent but is unwilling or unable to sign. In that case, the professional makes a note in the file that also records why he deviated from the internal requirement of written consent in this particular case.

General consent statement is invalid

Institutions sometimes work with a general consent form that asks the client’s permission for any future information sharing that may be required. For example, at intake, a client is asked to sign a form agreeing to share information with other social workers if it is necessary for proper help. Or a school will have parents sign that they agree to consultation between school and social services if it is in the student’s best interest.

7 See, inter alia, art. 8 BES Personal Data Protection Act and art. 7:465 BW BES.

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These statements, even if signed, are invalid because they are far too general. In fact, consent must be specifically sought and given⁸ . That is, the client must first be told why the sharing of information is necessary, who will receive the information or who will be consulted, and what information is involved. Only then may consent be sought. A general statement of consent does not meet the requirement of being specific, hence complaints committees and disciplinary tribunals do not consider these consent statements valid and do not consider them ‘consent’.

2.3 Age limits when asking permission to share information

Social Care
For social care workers, such as doctors and other health care providers, social workers, youth care professionals, midwives, psychologists and educators, the age limit of 12 years applies. If the client is not yet twelve, they must ask permission from the legal representatives before sharing information. From the age of twelve, the client decides on the sharing of his/her information⁹.
.
Other sectors: education, compulsory education, probation, prison system
For professionals in other sectors, such as education, childcare, compulsory education, women’s shelters, probation and correctional facilities, the age limit of 16 years applies – insofar as consent is required to share information¹⁰. For clients up to 16 years of age, permission must be sought and given by legal representatives, clients 16 years of age and older decide for themselves.

Legal representative
The legal representative is the parent who exercises custody. If the child no longer has a parent or the court has terminated their custody, the court appoints another person to be in charge of custody, such as a grandmother, an aunt, an uncle or a guardian. This non-parent who exercises custody is called the guardian. The guardian exercises the same rights as the custodial parent(s). If there is no custodial parent, permission must be sought from the guardian. When this guide mentions custodial parents, it also refers to the guardian.

Willful
If, in the professional’s opinion, a client is not (yet) able to decide for himself whether or not to give consent, or to oversee the consequences thereof, this is called incapacity to give consent. For example, clients who, due to a mental disability, developmental delay or psychological disorder, are unable to independently exercise their rights and/ or oversee the consequences thereof.

If a professional doubts the client’s legal capacity, he or she asks an expert physician or behavioral scientist to assess the client’s legal capacity. If the client is indeed incapable of deciding on sharing information, the professional will (also) ask permission from the person representing the client. Should it be a minor, permission is sought from the authoritative parents or guardian. In case of incapacity of will in an adult client, permission is sought from the spouse or partner, or if they are not there or do not want to act as a representative, a parent, a child or a sibling of the client.

Some incapacitated persons have a court-appointed mentor or curator. In this case, the professional seeks permission from this official.

8 Article 8 Personal Data Protection Act BES uses the term “unambiguous consent. This means that there can be no doubt about the consent and it is also clear what the consent was given for. The requirement of ‘specific consent’ was developed by disciplinary tribunals and complaints committees and is also stated in the General Data Protection Regulation (AVG) that applies in the European Netherlands.
9 This age limit is derived from the Medical Treatment Agreement Act (WGBO), included in Book 7 of the BES Civil Code. 10 This is the age limit from the Personal Data Protection Act BES

Sharing information with custodial parents
As a rule, a professional has a duty to inform the custodial parents about important matters, such as concerns about the safety and health of their children up to age 18¹¹. The professional has this obligation because the custodial parents are responsible for the upbringing, care and safety of their minor children. To share information with the custodial parents, the professional does not need the consent of his minor client.

The professional can make an exception to his duty to inform the custodial parents if he/she has concrete indications that informing the parents is contrary to the best interest of the child. For
example, if the professional has valid reasons to believe that informing the parents will create an unsafe situation for the child.

Note

• The age limits of the Medical Treatment Agreement Act (WGBO) have been adopted by other social care professionals. As a result, these age limits also apply to pedagogues, psychologists, youth workers, social workers and other social care workers
• In many cases, a professional will share information not only about the minor but also about their parent(s). In that case, parental consent must also be sought for sharing their information
• If a professional wants to share information about a child who is not yet 12 years old, he or she must ask permission from the parent(s) with custody. If there are two custodial parents and one parent gives permission and the other parent does not, this counts as a refusal. The professional then does not have permission to share information about the child, as both custodial parents must consent. For the possibilities of sharing information with the HGKM Advice and Reporting Center without consent (from both parents), see chapter 3

11 The WGBO BES keeps the age limit of 18 years for informing parents about their children. This is different from the European Netherlands where the WGBO mentions an age limit of 16 years.

A professional secrecy or other consent requirement is not absolute. It has long been recognized by (disciplinary) judges and complaints commitees that there are situations in which a professional may decide to speak even if he does not have permission to do so. These are situations in which the professional does not obtain consent but feels he must speak anyway because this is the only way he can protect his client’s safety or health. The professional then invokes a so-called conflict of duties.

Until 2024, professionals with suspicions of child abuse or domestic violence had to use the confict of duties if they did not receive permission to report these signs. This often required a complicated balancing act, especially in those cases where there was doubt as to whether domestic violence or child abuse had occurred.

As of 2024, professionals can use a reporting right when they suspect domestic violence and child abuse¹². This chapter deals with the confict of duties and the right to report.

12 This reporting right is established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES and applies to all professionals, not just those providing social support

3.1 Confict of duties

Professionals may be caught between the duty to remain silent because the client does not give consent and the duty to speak, because only by speaking can the professional prevent (a signifcant risk of) serious harm to his client or another person. This situation is called a confict of duties because the duty to remain silent clashes with the duty to speak. A decision to speak because of a confict of duties and thus break professional secrecy must be made carefully. This can be done using the following six questions

Six questions to reach a careful decision:

1. What (significant risk of) serious harm to my client do I want to mitigate or prevent?
2. Can the significant risk of serious harm also be prevented without sharing information?
3. If not, is my information likely to mitigate or prevent this serious harm?
4. Have I done enough to ask or get permission?
5. Does the client’s interest that I wish to serve by sharing information outweigh the client’s interest in my silence?
6. If I decide to speak: with whom should I share what information to avoid (the significant risk of) serious harm to my client?

Children of the client
Professional confdentiality may also be breached to reduce or prevent (a signifcant risk of) serious harm to others, such as the client’s children or a partner.

Vulnerable clients
In the case of a dependent or vulnerable client, a professional may be more likely to decide to share information because the client is less able to stand up for himself or herself and therefore more dependent on protection from the professional.

Minors are in a dependent and vulnerable position anyway, especially if their parents fail to adequately protect them¹³. Other clients may also be especially vulnerable because of their dependency, for example, clients with intellectual or physical disabilities, clients who are highly dependent on their partners, and elderly clients who heavily depend on assistance.

Individual decision of the professional
Each professional decides for himself whether to share information without consent and is also responsible for this decision. For example, if there is no consent for a case consultation, each participant must decide whether to share information anyway.

13 Article 3 of the UN Convention on the Rights of the Child requires governments, institutions and professionals to give weight to the best interests of children in decisions that afect them (“be the frst consideration”)

Peer consultation
The professional frst discusses his consideration with a colleague. Critical questions from the colleague allow the professional to take another “outside look” at the decision he wants to make. If no colleague is available for consultation, then (based on anonymous client data) an expert staf member from another organization can also be used.

Some institutions have a protocol that determines which ofcial within the institution should be consulted for peer consultation.

Informing Client
If a professional does decide to share information even though he has not obtained consent, he must inform the client about it because he has the right to know to whom the professional is providing what information about him and for what purpose.

The professional may omit informing the client if there is concrete evidence that informing the client poses risks to the safety of the client, his family members or that of the professional himself.

Record of the decision

It is important to carefully record a decision to share information without consent in the file/record system so that it is clear:

1. Why it was not possible to seek or obtain permission;
2. What interests and concerns were weighed before the decision was made;
3. Who has been consulted about it in advance;
4. What information was shared and with whom;
5. Whether the client was informed in advance or afterward about the sharing of information to which he did not consent.

3.2 Reporting right

Reporting right Art. 4.8 MO Decree
Third parties, who professionally have information that may be considered necessary to end a situation of domestic violence or child abuse or to assess the safety situation, in case of a reasonable suspicion of domestic violence or child abuse, may provide this information to an HGKM Advice and Reporting Center, as referred to in article 1.1 of the BES Social Support and Combating Domestic Violence and Child Abuse Decree, without the consent of the person concerned and, if necessary, with breach of the duty of confdentiality pursuant to a statutory provision or by virtue of their office or profession.

Professionals who wish to share signals of domestic violence or child abuse with the HGKM Advice and Reporting Center do not have to use the confict of duties described above. The reporting right established in the BES regulations¹⁴ gives professionals the authority to report signals and suspicions of domestic violence and child abuse, without the client’s consent, to the HGKM Advice and Reporting Center.

A report may be made if the professional believes it is necessary to:
• stop a situation of child abuse or domestic violence; or to
• assess the safety situation of those involved

Reasonable suspicion sufcient for a report
A report does not require the professional to know for sure that domestic violence or child abuse is occurring. If he has signs that could reasonably indicate domestic violence or child abuse, he can make a report so that the signs are investigated and the client’s safety situation is assessed.

In most cases, a professional will not have “the whole picture” but one or more signals of concern. Other professionals may have other signals. If these professionals have concerns about their client’s safety and are unable to assess the safety situation themselves, it is important that they make use of the reporting right so that the HGKM Advice and Reporting Center can put the various signals together and come to an assessment of safety.

Mandatory Protection Code
The decision to report must be made carefully. Therefore, many professionals are required to take the steps of the so-called Protection Code in the case of (suspicions of) child abuse and domestic violence. For more on the mandatory Protection Code, see Chapter 4.

Careful formulation of the report
Professionals are also expected to formulate their reports carefully, see Chapter 5 on that subject.

14 Social Support and Combating Domestic Violence and Child Abuse Decree BES

Reporting right only for information sharing with the HGKM Advice and Reporting Center
The right to report only applies to sharing information with the HGKM Advice and Reporting Center. If professionals wish to consult with each other about signals or a joint approach to violence, this is done on the basis of consent, or possibly without consent on the basis of a confict of duties as described in section 1 of this chapter.

Diference between confict of duties and right to report
The legal right to report and the confict of duties described in the frst paragraph both make it possible to share information without the client’s consent. The difference is mainly that with the conflict of duties there must be an (imminent) emergency situation, whereas with the legal right to report, even if there is no emergency situation, the professional can share signals if he has a reasonable suspicion that these signals indicate domestic violence or child abuse. The right to report, when it comes to domestic violence and child abuse, provides more space for the professional to share information with the HGKM Advice and Reporting Center. Moreover, the
right to report is explicitly included in legislation and regulations and the compulsory Protection Code (see chapter 4) offers professionals clarity about how they should deal with the right to report.

3.3 Sharing information at the request of the HGKM Advice and Reporting Center

The text of the right to report makes it clear that this right to report also gives the professional the space to share information about the client with the HGKM Advice and Reporting Center at the request of the HGKM Advice and Reporting Center. Again, even in cases of professional secrecy or other obligations of silence, professionals do not need the client’s permission to do so.

Providing information to the HGKM Advice and Reporting Center upon request is possible to the extent that the information is necessary to:
• end a situation of child abuse or domestic violence; or to
• assess the safety situation of those involved

Careful use of the right to information
Careful handling of the right to information requires openness towards the client. If a professional is approached by the HGKM Advice and Reporting Center with a request for information, he frst contacts the client to explain what information he intends to share and why he considers it important. The professional does not need the client’s permission and – even if the client objects – makes his own decision as to whether or not and what information to share with the HGKM Advice and Reporting Center.

In addition, professionals are expected to carefully formulate the information they share with the HGKM Advice and Reporting Center, see Chapter 5 on that subject.

This chapter is about the Protection Code that many professionals are required to use if they suspect their client is involved in domestic violence or child abuse. The steps of the mandatory Protection Code help professionals deal with signs and suspicions in a careful manner.

4.1 Purpose of the mandatory Protection Code

It is important that professionals know what is expected of them when they have signals of domestic violence or child abuse. That is why there is the mandatory Protection Code with fve steps that guide professionals through the process from the moment of signaling to deciding whether a report should be made or whether help can be initiated to end the violence.

The purpose of the mandatory Protection Code is to support professionals in dealing carefully and efectively with signs and suspicions and thereby beter protect clients from domestic violence and child abuse.

Mandatory adoption of a Protection Code
Organizations and institutions in a number of sectors are required to adopt a Protection Code. This Protection Code contains, among other things, the steps professionals must take when signals of domestic violence and child abuse are received. Each institution’s Protection Code must contain the same fve steps (see section 4.2. on this subject)¹⁵ so that the same steps apply to all professionals in the diferent sectors. In addition, the institution’s Protection Code describes which ofcers within the institution take the steps of the Protection Code, which ofcer is responsible for making the report, what instructions apply for the child check and who
within the organization can be consulted as experts.

15 As described in Art. 3.8 Social Support and Combating Domestic Violence and Child Abuse Decree BES.

The obligation to establish a Protection Code applies to providers of:
• social support
• healthcare providers
• youth care
• child care
• education
• justice

In addition, the Executive Council is required to adopt a Protection Code for youth health care workers and for the truancy officer.

Use of the Protection Code
Professionals at organizations and institutions that are required to have a Protection Code are expected to follow the steps of this Protection Code when signals of domestic violence and child abuse occur¹⁶.

4.2 The steps of the Protection Code

1 Identifying signs
2 Consult with (expert) colleague and consult HGKM Advice and Reporting Center if necessary
3 Conversation with the client
4 Checking and weighing, using the assessment framework
5 Decide: provide/organize help yourself or fle a report

1. Describe suspicions and signals in facts: record what you see, hear or otherwise observe. Avoid interpretations and conclusions
2. Also describe the facts that contradict the presumption and the facts that point to protective factors
3. Do the child check if necessary

Child check
The child check is a standardized check by a professional in the contacts with his client, whether he has (co-)care of minor children, with a view to the safety of these children. For example, if a client is seen in connection with severe symptoms of addiction, alcohol poisoning, or a suicide atempt. In all these cases, it is important for the safety of possible children that the professional investigates whether the client has custody of children and who is currently caring for them. Based on the child check, following the steps of the Protection Code, a professional may decide to fle a report because of concerns about the safety of the children, basing these concerns on the serious situation in which his client, who is caring for these children, finds himself.

Other children in the family
If a professional has concerns about the safety of a child in the family, it is important that the professional investigates whether there are other children in the family for whom the situation may also be unsafe.

16 This can be deduced from the wording of 3.7 subsection 1 Social Support and Combating Domestic Violence and Child Abuse Decree BES

Witnessing domestic violence
When children witness domestic violence between their parents or between other household members, it is so harmful to these children that it is considered a form of child abuse.

• Consult with a knowledgeable colleague on how to interpret the signs and how to have the conversation with the client
 If there is no expert colleague in your organization, consult with an expert colleague at another institution

• Also, seek advice from the HGKM Advice and Reporting Center if you still have questions or need additional expertise afer the peer consultation

• Consultation and advice in step 2 is done on the basis of anonymous client information. If the expert colleague, even if you do not mention the name, recognizes the client from your description, ask your colleague not to make notes for his or her own (client) fle, but to handle this request for advice like other anonymous requests for advice

• Only if you consult with a colleague involved in the same care or treatment of the client can you mention the client’s name in the consultation. Advice at the HGKM Advice and Reporting Center is always based on anonymous client information

1. Describe the signs and concerns
2. Invite your client to respond to this
3. Consult on possible help and support
4. Summarize and describe your next step(s)

A conversation with the client is an essential part of the Protection Code. Openness about concerns and signals is an important basic atitude of professionals in their dealings with clients. An open approach is an important prerequisite for maintaining clients’ trust in the long term.

The conversation with the client can only be waived as a very exceptional measure if there are concrete indications that contact with the client could create a very unsafe situation for the client, for family members or for the professional. Seek advice on this from the HGKM Advice and Reporting Center.

When there are signs of child abuse, also engage the child in conversation. Tell what is going on, ask what the child thinks of the situation and what his/her wishes are

Inventory

1. Do I have all the relevant information?
2. Have I spoken to all involved, including the children?
3. Have I taken all the steps?
4. Have I captured all the information in the fle?

Weighing

1. Using the assessment framework, weigh the risk of insecurity and the severity of insecurity based on all information and all interviews conducted
2. In all cases of doubt, consult the HGKM Advice and Reporting Center (again)

Providing help yourself without notifcation is possible if you are a professional who is:

1. able to provide or organize efective and appropriate help
2. the client and others involved desire this assistance and
3. the person who will provide the assistance is able to monitor whether the assistance provided leads to lasting safety

Making a report is advisable if:

1. the client and/or others involved do not want the help you are providing or organizing or
2. the (ongoing) assistance does not adequately ensure the safety of the client and his family members or if
3. you are unable, because of the nature and severity of the signs and/or the outcome of the child check, to provide appropriate and efective help that leads to lasting safety

Inform the client of the report, if you have not already informed him about it. Again, informing the client can only be omited if there are concrete indications that this could lead to safety risks for the client, his family members or for yourself. For example, if there are signs that the client will become even more violent toward his victim if he hears that the victim has talked to social workers or if the professional fears, based on previous experiences with the client, that the client will use violence against him.

Content of notifcation
1. The facts giving rise to the report
2. The client’s reaction to these facts
3. If there was no contact with the client, why this was not possible
4. What the reporter expects to accomplish with the report

A right to report, not a duty to report
Step 5 makes it clear that when professionals suspect domestic violence and child abuse, they do not have a duty to report it. They are, however, obliged to take the steps of the Protection Code. Based on the information that professionals receive in taking the steps, they decide whether a report is necessary, or whether ofering or organizing help will sufce. The important thing is that clients are protected from violence. Reporting is not a goal but a means, if help is not sufcient to guarantee the safety of the client and others involved.

Sequence of steps
The Protection Code describes the fve steps schematically. The reality will ofen be somewhat less schematic. Sometimes there will be more conversations with the client, or advice from the HGKM Advice and Reporting Center will be needed more often. What maters is that all the steps have been taken at least once before the professional makes a report

Skip steps for acute danger
If there is acute danger to the client or others, the steps of the Protection Code can be skipped and the HGKM Advice and Reporting Center can be contacted immediately, or the police if protecting the client or others requires police intervention.

Although even in these situations it is desirable for the professional to inform the client in advance of his steps, this will sometimes not be possible for safety reasons. Before deciding whether to inform the client, the professional consults with the HGKM Advice and Reporting Center or the police.

Support from the HGKM Advice and Reporting Center
When taking the steps of the Protection Code, professionals can always call on the HGKM Advice and Reporting Center. Whenever a professional has any questions in taking the steps of the Protection Code, or is in doubt about what to do, they can ask for advice from the HGKM Advice and Reporting Center. For more about the HGKM Advice and Reporting Center, see Chapter 6.

Advice is sought and given based on anonymous client data.

Capturing the steps
Taking the steps of the mandatory Protection Code is considered part of the help/ care/ guidance/ shelter that the professional provides to the client. Therefore, the professional must also record information about these steps in the client fle or client registration system. Section 5.2 describes what information should be included in each step

4.3 Relationship of professional secrecy, reporting rights and mandatory Protection Code

The professional secrecy, also known as the duty of silence, of social workers ensures that the barrier to help, care and support is low: clients can trust that what the professional knows about them will not be shared with others without their consent.

The right to report provides professionals with the right, without the client’s consent, to deposit signals that might reasonably indicate domestic and child abuse with the HGKM Advice and Reporting Center, so that the client’s safety and the safety of others can be assessed and the steps taken that will result in the violence stopping.

The mandatory use of the Protection Code ensures that professionals reach a careful consideration, step by step, about whether or not to make a report. Central to this consideration is the openness required of the professional towards clients about the signals and concerns. Viewed this way, the Protection Code is not only an important guide for professionals in the event of signals of domestic violence and child abuse, but also a guarantee for clients that they will be spoken to before the professional decides whether a report is necessary. Carefulness and openness, now that the client does not have to give consent before making a report, are important tools for maintaining clients’ trust in professionals when dealing with domestic violence and child abuse

4.4 Volunteers and taking the steps of the Protection Code

Taking the diferent steps of the Protection Code requires professional knowledge and experience. For example, to interpret signals, to enter into a conversation with clients and parents about the signals and to make a decision whether or not to make a report. Therefore, the mandatory use of the Protection Code applies only to professionals.

If an organization (also) works with volunteers, this organization can include in the Protection Code what is expected of volunteers if they signal domestic violence or child abuse. It is recommended that the Protection Code designates ofcers as a point of contact for volunteers to whom they can turn with their signals and who will take over follow-up steps from the volunteers.

When dealing with domestic violence and child abuse, professionals record information about their clients in a client fle or client registration system. For example, the signals that cause them to suspect domestic violence or child abuse, the advice given in step 2, and the results of a conversation with the client. It is important that this recording of information about a client is done carefully.

Care is also expected of professionals when they share information about their clients with others. For example, when they make a report, inform the HGKM Advice and Reporting Center upon request, or when they consult with other professionals.

This section frst describes fve rules of thumb that apply in all cases where professionals record or share information about clients. The next section describes what should be recorded for each step of the mandatory Protection Code. A third section describes the rules that apply to the careful sharing of information with others.

5.1 Rules of thumb for careful handling of client information

In all situations in which professionals record or share information about their clients, the following fve rules of thumb apply.

1. Describe facts: record what you see, hear or otherwise perceive. Avoid immediate interpretations and conclusions
2. Give an opinion/judgment/hypothesis: separate it from the facts, stay within your area of expertise and provide sufcient factual support
3. If information comes from someone else, please cite the source
4. Also record the client’s opinion, even (especially) if he disagrees with you
5. For (incriminating) information about a perpetrator, state who the information comes from, also state whether you have spoken to the
   perpetrator, and if so, describe their reaction

5.2 Establishing the steps of the Protection Code

All professionals working with the mandatory Protection Code must make notes about the steps they take when signals of domestic violence or child abuse occur. These notes must be recorded in the client fle or client registration system. This section describes for each step what information should be recorded. Of course, the general rules of thumb for handling client information in section 5.2 also apply to these notes

1. Record a factual description of the signals: take note of what you hear, see, smell and avoid interpretations and conclusions Also record the facts that contradict the presumption and those that indicate protective factor
2. In the child check, record the number and age of the children and whether there is another educator/caregiver in addition to the client. Describe what the risks are to the children due to the situation your client is in

1. Record the advice given, indicating the function of the advisors
2. If you deviate from the advice, describe why you do so

• Describe your client’s reaction to the signs, his view of the situation, possible solutions and any help to be put in place
• Describe the children’s views of their situation and also record their wishes andpreferences
• Record the follow-up appointments you make with the client and with the children
• Also mark whether you have already announced in the interview that you will report to the HGKM Advice and Reporting Center

NOTE: If, because of the advice in step 2 or the conversation with the client in step 3, you decide notto take any further steps, record this and also describe what made your concerns go away

Taking inventory: When taking stock, check that you have taken and recorded all the steps. If it turns out that you still have steps to take or people to talk to, record the results of the steps that were missing and the conversations that still needed to be held.

Weighing: record how you estimate the risks of unsafe situations and the severity of unsafe situations and describe the facts on which this weighing is based

• Record how you came to your decision to organize help yourself or to fle a report
• If you make a report, record the content of the report as well

NOTE: If you made a report, also record the feedback from the HGKM Advice and Reporting Center describing what was done with your report.

5.3 Sharing information about clients

Two things are important when sharing client information with third parties: there must be a legal basis for sharing and the sharing must be done carefully.

Legal basis for information sharing

With the HGKM Advice and Reporting Center
The BES Data Protection Act requires that there must always be a basis for sharing information with third parties, that is, a legal basis.

For reporting to the HGKM Advice and Reporting Center without consent, the reporting right provides the legal basis for all professionals. This right to report also provides the legal basis for all professionals to share information about their client at the request of the HGKM Advice and Reporting Center, without consent. The condition is that the information is necessary to assess safety or stop the violence.

With others
The legal basis for sharing information with others than the HGKM Advice and Reporting Center varies by professional group. For example, for social workers, if they want to share information, the legal basis is usually the client’s consent. For other professional groups and sectors, such as the Guardianship Council and compulsory education, a diferent basis applies. Part 2 of this guide describes the basis for sharing information for each professional group/institution.

5.4 Not sharing more than necessary

The rules of thumb in section 5.1 answer the question of how to share information about a client. When asking what information you may share, the rule is that you share no more information than necessary and with no more professionals than necessary. What is “necessary” depends on the purpose for which you are sharing the information. For example, if you discuss a joint approach to violence in a family with three other professionals, you will usually have to exchange a lot of information about the possible causes of the violence and about the situation of the various family members. Once the joint approach is in place, there is no need to keep each other informed about the content of the individual family members’ help and guidance. Informing each other that the help is going according to plan, or that the goals have been achieved, or that the help is being concluded, is then sufcient. In this context, there is a diference between nice to know and need to know. You only share need to know.

NOTES:
• Even if a professional has permission from their client, they remain responsible for not sharing more than they need to and with no more professionals than necessary
• The professional makes a note in the fle or registration system about sharing of information, so that it is clear with whom, what information was shared
• The client’s consent is also recorded in the fle or registration system. If, as in the case of the right to report, for example, no consent is required, a note is made as to whether the client was informed and what his response was.

5.5 Case consultation

Addressing domestic violence and child abuse sometimes requires a case consultation in which professionals from diferent institutions and organizations participate. For example, when cooperation is needed from diferent disciplines (such as youth care, mental health care and education) to stop the violence and to provide help and support to all family members.

For such a case consultation, the rules of thumb in Section 5.2 apply, as does the principle that no more is shared than is necessary for the purpose of the case consultation.

Consent to case consultation
One of the participants, for example, the director, can contact the client and ask for permission on behalf of all participants. The person asking permission frst explains why the consultation is necessary, who is participating and what will be discussed. Only then does he ask the client for permission. If a participant is in doubt, if another person has asked for permission on his behalf, whether the client understands what information he will share in the consultation or not, he still contacts the client himself to discuss this with the client.

Anonymous case discussion
Permission is not required for anonymous case discussion. A client discussion is anonymous only if the professionals participating in the discussion do not know which client is involved. Naturally, the client’s name is not mentioned then, nor is any other information recognizable to the participant(s) shared. If it is necessary for the purpose of the discussion to share recognizable information, an anonymous case discussion is not possible.

The HGKM Advice and Reporting Center has a central role in dealing with domestic violence and child abuse. This chapter describes the tasks of the HGKM Advice and Reporting Center as they are defned in the regulations¹⁷.

Anyone can call on the HGKM Advice and Reporting Center: professionals but also neighbors and family members who are confronted with domestic violence or child abuse, as well as victims and perpetrators.

Given the handbook’s target audience, this chapter focuses on contacts between professionals and the HGKM Advice and Reporting Center.

6.1 The tasks of the HGKM Advice and Reporting Center

Advice
As described in the introduction: anyone dealing with a situation of domestic violence or child abuse can contact the HGKM Advice and Reporting Center and ask for advice. Advice, for example, on whether or not the signs may indicate domestic violence or child abuse, on how to conduct a conversation with the client, on appropriate help, or on whether or not to fle a report.

Advice is sought and given based on anonymous client data.

The person requesting advice is and remains responsible for the case: the HGKM Advice and Reporting Center takes no action towards the client.

Professionals who take the steps of the mandatory Protection Code when faced with signals of domestic violence and child abuse can always seek advice from the HGKM Advice and Reporting Center when taking the various steps.

17 Social Support and Combating Domestic Violence and Child Abuse Decree BES

HGKM Advice and Reporting Center
Anyone with a reasonable suspicion of domestic violence or child abuse can report it to the HGKM Advice and Reporting Center. Professionals with professional secrecy or other obligations of silence have the right to report¹⁸. This means that they do not need their client’s permission to make a report, but must inform the client.

When making a report, the professional shares not only the signals but also the name and other details of the client and also his own name and position and the name of the institution for which he works.

When a report is made, the professional and the HGKM Advice and Reporting Center agrees on the division of tasks after the report is made. Generally speaking, after the report, the professional is expected to continue the usual care / assistance etc. provided to the client and to be alert to signs that the situation is becoming unsafe for the client. If this is the case, he will contact the HGKM Advice and Reporting Center again.

Safety assessment
After receiving a report, the HGKM Advice and Reporting Center assesses the safety situation of the client and his family members.

Next steps: notify assistance, ZJCN and/or police

Based on the safety assessment, the HGKM Advice and Reporting Center decides whether follow-up steps are necessary.

Help
For example, the HGKM Advice and Reporting Center may decide to inform counseling services so that (with the client’s consent) help for the client and his family is initiated.

ZJCN youth care
With concerns about the acute or serious unsafe situation for a minor, the HGKM Advice and Reporting Center asks ZJCN Youth Care to initiate assistance or to assess the need to involve the Guardianship Council so that a request can be made to the court for a child protection order.

When a report is made about a minor who already has a child protection order, the HGKM Advice and Reporting Center contacts ZJCN Youth Care to make arrangements for the minor’s safety.

Police
If the HGKM Advice and Reporting Center believes that the safety of the client or others (also) requires police intervention, they will inform the police of the report.

Requesting information
The HGKM Advice and Reporting Center usually needs information from professionals who know the client and members of his family for the safety assessment and follow-up steps. The right to report provides professionals with not only the right to make a report but also the right to share information about their clients at the request of the HGKM Advice and Reporting Center. This sharing of information does not require the client’s consent. The condition is that the information shared by the professional is necessary for assessing the safety situation or for stopping the violence.

Professionals who provide information when asked are called informants.

18 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES

6.2 Openness to the client

The HGKM Advice and Reporting Center has an open approach to the client and other stakeholders.

Openness about the identity of the reporter and the content of the report
The HGKM Advice and Reporting Center discloses the name of the reporter and the content of the report to the client. This will usually come as no surprise because in step 3 of the mandatory Protection Code, the professional has already discussed his concerns and the client has also been informed by the professional about (the content of) the report.

An exception applies to non-professionals who make a report, such as a neighbor, a grandmother or a family friend. The HGKM Advice and Reporting Center only discloses the name of the informal reporter to the client if the reporter gives permission. The content of the report is disclosed to the client whereby the HGKM Advice and Reporting Center ensures that the report is formulated in such a way that it cannot be traced back to the informal reporter who wishes to remain anonymous for the client.

Making a report anonymously without the HGKM Advice and Reporting Center knowing the name and other details of the reporter is not possible.

Openness about the identity of informants
The HGKM Advice and Reporting Center will let the client know which professionals will be contacted as informants and also describe what information the informants have shared about them.

Usually, the client will already know this information. Because, as a rule, a professional acting as an informant frst seeks contact with his client so that the client knows what information is being shared and why the professional feels it is necessary.

No disclosure of requested opinions
Because advice is sought and given on the basis of anonymous client data, the HGKM Advice and Reporting Center cannot provide information to the client about advice sought in connection with his situation.

Feedback
The HGKM Advice and Reporting Center is required to provide feedback to reporters so that they know what steps their report has led to.

7.1 Right to report and duty to report

Not only a victim but anyone who knows that a crime has been commited has the right to report the crime to the police. Reporting is a right, not a legal duty¹⁹. Only in cases of crimes against the security of the State, such as an atack against the representation of the people or against (the representative of) the King, in cases of a life crime, such as murder and homicide and in cases of human robbery and rape is there a duty to report²⁰.

A report puts the police on the trail of a possible criminal offense. It is up to the police and the public prosecutor to decide whether, after a report has been made, a criminal investigation will be initiated with a view to bringing the suspect to trial to determine his guilt or innocence. On the basis of the “Aanwijzing Relationeel Geweld OM Parket Procureur-Generaal Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba (2021)”, victims of domestic violence and child abuse are encouraged to report it. And the police should, in short, if it is even remotely possible, initiate a criminal investigation after a report has been made.

Reporting by the victim is usually not necessary. Reports by others with knowledge of the crime may also lead to a criminal investigation. However, the victim will then have to be heard as a witness in the criminal case in order to gather evidence.

Note: Some criminal ofenses are complaint ofenses. This means that these ofenses can only be prosecuted afer being reported by a victim. This applies, for example, to assault (art. 294 Criminal Code BES) and insult (art. 278 Criminal Code BES).

For domestic violence/child abuse and criminal justice, see also Chapter 1.

19 Art. 199 Code of Criminal Procedure BES.
20 For this duty to report, see art. 198 Code of Criminal Procedure BES. For the sake of completeness, we point out that in certain cases civil servants are subject to an additional obligation to report under art. 200 of the BES Code of Criminal Procedure. This obligation to report specifically for civil servants applies if another civil servant commits an offence in which he abuses his position as a civil servant as well as in those cases in which a civil servant implementing a certain regulation observes that a citizen or company commits fraud with this regulation

7.2 Reporting and sharing information with police upon request

The fact that a crime has been commited does not automatically make it possible for professionals with professional secrecy to report it or share information with the police. The rules described in Chapters 2 (consent) and 3 (confict of duties) of this guide apply to this as well.

For offenses related to domestic violence and child abuse, if the professional does not have consent, he or she will weigh whether it is necessary for the safety of the victim or others to report or share information with the police. This is done based on the consideration described in section 3.2.

If there is no acute danger requiring immediate police intervention, a professional may also exercise their right to report to the HGKM Advice and Reporting Center. The HGKM Advice and Reporting Center then assesses whether the police should be informed of the report in connection with the safety of the client or his family members.

Duty to testify and right to privilege (non-disclosure)
Every person called to testify in a trial is obliged to appear in court and to answer truthfully to the questions put there²¹. There is an exception to the duty to answer questions as a witness for doctors, mental health workers, notaries and lawyers. They have a right to privilege²². This means that they must appear when summoned, but do not have to answer questions put to them if they thereby reveal what they know about the patient or client because of their contact with them.

A right to privilege is not a prohibition on speaking. While a doctor is not obliged to testify, he may decide, on the basis of a confict of duties (Section 3.2), that he answers the questions, for example, because he believes this is the only way to protect victims from the accused (including future victims).

The right to privilege is not absolute. A judge may exceptionally decide that a doctor must still speak, despite invoking a right to privilege. These are exceptional situations in which the information sought from the doctor is deemed crucial to resolving a serious criminal case.

Other social care workers, such as psychologists, pedagogues, youth care professionals and social workers, do have professional secrecy, but they do not have a general right to privilege. However, the judge may decide in a specifc case that they do not have to answer certain questions because of their professional secrecy.

The accused’s (former) partner, (former) spouse and family members also have a right to privilege if, by making a statement, they should provide information incriminating for the accused. Witnesses who, by answering truthfully, would confess to a criminal ofense for which they themselves, their (former) partner, (former) spouse or family members may be tried, also have a right to privilege²³.

21 Art. 247 and 249 Code of Criminal Procedure BES
22 Art. 252 BES Code 
23 Art. 251 Code of Criminal Procedure BES

8.1 Legal framework

For medical professionals such as doctors, psychiatrists, pharmacists, midwives and nurses, the duty of confdentiality is contained in the Medical Treatment Agreement Act (WGBO)²⁴. The BES Medical Disciplinary Act regulates disciplinary law for four medical professional groups: doctors, dentists, midwives and pharmacists. For other medical professional groups, disciplinary law only applies if the medical care provider is BIG-registered in the European Netherlands. The BES Healthcare Institutions Act sets quality requirements for institutions that provide medical care and regulates complaint law for these institutions.

8.2 Medical confdentiality

Pursuant to the WGBO, every medical care provider who has (had) a treatment relationship with a patient has professional secrecy. This means that the medical care provider must specifcally ask for and receive permission if he wants to share information about the patient with others. This professional secrecy is an important tool in making and keeping medical care accessible to all.

Exception – Other health care providers
Consent is presumed and need not be explicitly sought when a health care provider wishes to share information with another health care provider directly involved in the same treatment of the same patient. For example, a consultation between a physician and a nurse about a patient’s treatment and care afer knee surgery does not require explicit consent. The same is true for the doctor and the obstetrician who are both involved in the care of a pregnant patient and for the specialist and the pharmacist who consult on pain management for a patient.

24 The Medical Treatment Agreement Act (WGBO) is included in Book 7 of the BES Civil Code.

Exception – Reporting law
If a health care provider has signs of child abuse or domestic violence, he can make a report to the HGKM Advice and Reporting Center. The medical care provider then exercises his reporting right²⁵. This means that medical professionals, such as doctors, pharmacists, midwives, nurses and psychiatrists, do not need permission from the patient to make the report. However, medical care providers are required to follow the steps of the Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to reach a careful decision on whether or not to make a report²⁶.

Right to report: including the right to share information upon request
The right to report also gives the health care provider the right to share information at the request of the HGKM Advice and Reporting Center. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse situation. The second condition is that the health care provider informs the client so that the client knows what information will be shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The right to report focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other care providers or agencies, such as youth care or social work. For this, the medical care provider needs permission from his patient. This consent requirement is not absolute. A health care provider may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, he may decide to share information without consent if it is necessary to prevent (the signifcant risk of) serious harm to his client or another person.

8.3 Disciplinary and complaint rights

In disciplinary and complaint law, the central question is whether the health care provider acted with care. This is judged, among other things, on the basis of the fle and statements made by the patient and the medical professional. Judgments are not based on ‘hindsight’, but rather on whether the professional made a careful assessment at the time he acted, with the knowledge he had at the time. Among the important factors are whether he consulted an expert colleague beforehand and whether he tried to consider the interests of all those involved.

In the case of a disciplinary or complaint case about a report to the HGKM Advice and Reporting Center, an assessment is made as to whether the professional has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing, as described in Chapter 5.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board, which includes professional peers and lawyers, evaluates whether a health care provider acted according to professional standards. At BES, doctors, pharmacists, dentists and obstetricians are subject to disciplinary law. Patients of these four professional groups can (also) turn to the Medical Disciplinary Tribunal with complaints about the actions of a medical care provider. If a medical care provider working on BES is registered in the European-Dutch BIG register, European-Dutch disciplinary law also applies. This European-Dutch disciplinary law applies to eleven professional groups: pharmacist, doctor, physiotherapist, healthcare psychologist, clinical technologist, remedial educationalist-generalist, physician-assistant, psychotherapist, dentist, nurse and midwife.

25 The Medical Treatment Agreement Act (WGBO) is included in Book 7 of the BES Civil Code.
26 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES

Complaint Law
The BES Healthcare Institutions Act requires institutions that provide medical care to have a complaints procedure and a complaints commitee. About the actions of the institution or medical professionals working within the institution, patients can file a complaint with the complaints commitee.

Supervision
Supervision of medical care on BES is exercised by the Health and Youth Inspectorate

9.1 Legal framework

Information sharing does not have its “own” sector-specifc law for psychologists and pedagogues. The professional secrecy of pedagogues and psychologists is derived from three general privacy provisions: article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), article 10 of the Constitution and article 285 of the BES Criminal Code. The age limits for giving consent are aligned with the provisions for medical professionals in the WGBO. The BES legislation has no disciplinary law for pedagogues and psychologists. If they are BIG- or SKJ-registered and/or a member of a professional association in the European Netherlands, they do
fall under one or more forms of disciplinary law.

9.2 Professional secrecy

Professional secrecy means that pedagogues and psychologists must seek and receive specifc permission from their client before sharing information. This professional confdentiality is an important tool to ensure that everyone feels free to seek the help of a pedagogue or a psychologist.

Exception – Pedagogue/psychologist involved in the same help to client
Consent is assumed when a pedagogue or psychologist shares information with a peer involved in the same type of help to the same client.

Exception – Reporting law
If a pedagogue or psychologist has signs of child abuse or domestic violence, he can fle a report with the HGKM Advice and Reporting Center. The pedagogue or psychologist then exercises his or her right to report²⁷. This means that the pedagogue or psychologist does not need the client’s permission to make the report. However, the pedagogue or psychologist is expected to take the steps of the mandatory Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to arrive at a careful decision about whether or not to fle a report²⁸.

Right to report: including the right to share information upon request
The reporting right also gives the pedagogue and psychologist the right to share information about him at the request of the HGKM Advice and Reporting Center. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. As a second condition, the psychologist or pedagogue must inform the client so that the client knows what information is being shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. Pedagogues and psychologists cannot use this right to share information with other social workers or agencies, such as social work or the school. For this, the pedagogue and psychologist need permission from their client. This consent requirement is not absolute. A pedagogue or psychologist may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, he may decide to share information without consent if it is necessary to prevent (the signifcant risk of) serious harm to his client or another person.

9.3 Disciplinary and complaint law

The central question in disciplinary and complaint law is whether care has been taken. The assessment takes place on the basis of the fle and the statements of the client and the pedagogue or psychologist. Judgments are not based on ‘hindsight’, but on whether the professional made a careful assessment at the time he acted, with the knowledge he had at the time. Of importance here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all involved.

In the event of a complaint or disciplinary case about a report to the HGKM Advice and Reporting Center, an assessment is made as to whether the professional took the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board of professional peers and lawyers assesses whether a pedagogue or psychologist has acted in accordance with professional standards. There is no specifc disciplinary law for psychologists and pedagogues under BES law. If a healthcare psychologist or a remedial educationalist-generalist working on the BES islands is registered in the BIG or SKJ register in the European Netherlands, he is subject to disciplinary law under the BIG or SKJ Act. If a pedagogue or psychologist is a member of the Dutch Institute of Psychologists (NIP) or the Dutch Association of Pedagogues and Educationalists (NVO), he is bound by the professional code of his association and his actions can be tested against the relevant professional code. This is done by the NIP or NVO- disciplinary tribunal.

Complaint Law
There are no legal rules on the BES islands for complaints about the actions of psychologists and pedagogues. Only if an institution or a practice where a pedagogue or psychologist works has a complaint procedure in place, can clients take their complaints to a complaints commitee or complaint officer.

27 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
28 The obligation to use the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES

10.1 Legal framework

Information sharing does not have its “own” sector-specifc law for social workers. The professional secrecy of social workers is derived from three general privacy provisions: article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), article 10 of the Constitution and article 285 of the BES Criminal Code. The age limits for giving consent are aligned with the provisions for medical professionals in the WGBO. BES legislation has no disciplinary law for social workers. If they are SKJ-registered in the European Netherlands and/or a member of their professional association, they are subject to one or more forms of disciplinary law.

10.2 Professional secrecy

Professional secrecy means that social workers must specifcally ask for and receive permission from their client to share information. This professional confdentiality is an important tool to ensure that everyone feels free to seek help from a social worker.

Exception – Social worker involved in the same assistance to client
Consent is presumed when a social worker shares information with a peer involved in the same type of assistance to the same client.

Exception – Reporting law
If a social worker has signs of child abuse or domestic violence, he can fle a report with the HGKM Advice and Reporting Center. The social worker then uses his reporting right²⁹. This means that the social worker does not need the client’s permission to make the report. However, the social worker is required to take the steps of the mandatory Protection Code in the case of signs or suspicions of domestic violence or child abuse in order to reach a careful decision about whether or not to make a report³⁰.

Right to report: including the right to share information upon request
The legal right to report also gives the social worker the right to share information about the client at the request of the HGKM Advice and Reporting Center. This can be done without the client’s consent to the extent that the information is necessary to assess safety or to stop the domestic violence or child abuse. A condition is that the social worker informs the client so that the client knows what information will be shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. Social workers cannot use this right to share information with other social workers or agencies, such as the family doctor or school. For this, social workers need permission from their client. This consent requirement is not absolute. A social worker may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, he may decide to share information without consent if it is necessary to prevent (the signifcant risk of) serious harm to his client or another person.

10.3 Disciplinary and complaint law

The central question in disciplinary and complaint law is whether care has been taken. The assessment takes place on the basis of the fle and the statements of the client and the social worker. Judgments are not based on ‘hindsight’, but on whether the professional made a careful assessment at the time he acted, with the knowledge he had at the time. Of importance here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all involved.

In the event of a complaint or disciplinary case about a report to the HGKM Advice and Reporting Center, an assessment is made as to whether the professional took the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board of professional peers and lawyers assesses whether a social worker has acted in accordance with professional standards. There is no specifc disciplinary law for social workers under BES law. If a social worker works on the BES islands and is SKJ-registered, he is subject to SKJ disciplinary law. If the social worker is a member of the BPSW, then he is bound by the professional code of his association and his actions can be tested against the BPSW professional code

29 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
30 This obligation to use the Protection Code is also established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES

Complaint Law
If a social worker works for an institution where a complaints procedure applies, clients can take their complaints, including about the social worker’s actions, to the institution’s complaints commitee or complaints officer.

11.1 Legal framework

Freely accessible youth care³¹ in this guide is the collective term for any form of: preventive youth care to prevent problems in upbringing and parenting; and of low-threshold, first-line youth care in case of (impending) problems with upbringing and parenting.

These forms of youth care are voluntary, that is, the parents and the youth (aged 12 and over) agree to the youth care.

For information sharing, youth care on the BES islands does not have its “own” sector-specifc law. The professional secrecy of youth care professionals is derived from three general privacy provisions: article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), article 10 of the Constitution and article 285 of the BES Criminal Code. The age limits for giving consent are aligned with the provisions for medical professionals in the WGBO. The BES legislation has no disciplinary law for youth care professionals. If they are BIG- or SKJ-registered and/or a member of a professional association in the European Netherlands, they do fall under one or more forms of disciplinary law.

11.2 Professional secrecy
Professional secrecy means that the youth care professional must specifically ask and receive permission from their client to share information. This professional confdentiality is an important tool to ensure that everyone feels free to seek help from a youth care professional.

Exception – Youth care professional involved in same youth care to client
Consent is assumed when a youth care professional shares information with another youth care professional involved in the same type of youth care to the same client.

31 In this regard, see also the Bestuurlijke afspraken jeugdzorg Caribisch Nederland dated June 7, 2023.

Exception – Reporting law
If a youth care professional has signals of child abuse or domestic violence, he can make a report to the HGKM Advice and Reporting Center³². The youth care professional then exercises his right to report. This means that the youth care professional does not need permission from the client to make the report. However, the youth care professional is required to take the steps of the compulsory Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to arrive at a careful decision about whether or not to make a report³³.

Right to report: including the right to share information upon request
The right to report also gives the youth care professional the right to share information about the client at the request of the HGKM Advice and Reporting Center without the client’s consent. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. The second condition is that the youth care professional informs the client so that the client knows what information is shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The legal right to report focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other care providers or agencies, such as the school or a youth doctor. For this, youth care professionals need permission from their client. This consent requirement is not absolute. A youth care professional can become caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, he can decide to share information without consent if this is necessary to prevent (the signifcant risk of) serious harm to his client or another person

Duty to report violence in social care relationship
In addition, we note the³⁴ reporting requirement that applies to youth care professionals in cases of violence in youth care. This duty to report means that youth care professionals, through the management of their institution, must make a report if they have concrete indications that physical, mental or sexual violence is being used by a youth care professional against a client. Client-to-client violence must also be reported if these clients spend at least a day in the same institution. The report must be made to the Health Care and Youth Inspectorate.

Pursuant to policy rules of the Inspectorate, in cases of violence between clients, there is no need to report “minor physical or mental violence”. By this the Inspectorate means violence for which, aferwards, no medical or behavioral treatment was necessary and/or in which the police were not involved. However, these incidents of violence must be recorded internally and reported to the Inspectorate in an annual report.

Note: This exception does not apply to violence by a youth care professional toward a client. This violence must always be reported. The exception also does not apply to sexual violence between clients. This type of violence must also always be reported.

Note: The reporting obligation for professionals focuses on violence commited in youth care. The reporting right and mandatory Protection Code focus on child abuse and domestic violence in the home.

32 The right to report is included in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
33 This obligation to use the Protection Code is also included in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
34 This reporting requirement is included in Article 18.4.7d Public Entities Implementation Act BES.

Disciplinary and complaint law
The central question in disciplinary and complaint law is whether the youth care professional has acted carefully. The assessment takes place on the basis of the fle and statements by the client and the professional. It is not judged with ‘hindsight’, but rather based on whether the youth care professional, at the moment of acting, made a careful assessment with the knowledge he had at the time. Of importance here is whether he consulted an expert colleague beforehand and whether he tried to consider the interests of all those involved.

In the case of a complaint about a report to the HGKM Advice and Reporting Center, an assessment is made of whether the professional took the steps of the mandatory Protection Code and whether the content of the report meets the requirements of careful data sharing.

In the event of a disciplinary or complaint case about a report to the HGKM Advice and Reporting Center, one of the things assessed is whether the youth care professional has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Disciplinary Law
Disciplinary law means that in response to a complaint, a disciplinary board of professional peers and lawyers assesses whether the professional acted according to professional standards. BES legislation does not have specifc disciplinary law for youth care professionals. If a youth care professional working on the BES islands in the European Netherlands is SKJ or BIG-registered, he falls under SKJ or BIG disciplinary law. If the youth care professional is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies.

Complaint Law
If the youth care facility has a complaints procedure, clients can present their dissatisfaction with the actions of youth care professionals to a complaints commitee or a complaints officer.

Supervision
Supervision of youth care is exercised by the Health and Youth Inspectorate.

12.1 Legal framework

By not freely accessible youth care³⁵ in this guide is meant any form of: second-line youth care that is deployed on an outpatient basis, in cases of unsafe upbringing, after scaling up by first-line youth care, afer referral by the HGKM Advice and Reporting Center, or in the context of the implementation of a child protection measure; and of, third-line youth care that consists of foster and residential youth care. The use of this form of youth care is through second-line youth care.

This not freely accessible second- and third-line youth care can consist of voluntary and (court-ordered) compulsory routes. In case of a voluntary trajectory, there will ofen be ‘pressure’. This means that it is made clear to parents and young people beforehand that the youth care is not without obligation and that there are consequences for them if they refuse or stop the youth care.

On the BES islands, youth care that is not freely accessible has no specific legislation when it comes to sharing information. The professional secrecy of the youth care professional is derived from three general privacy provisions: article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), article 10 of the Constitution and article 285 of the BES Criminal Code. For the age limits for giving consent, alignment is sought with the provisions for medical professionals in the WGBO.

The BES legislation has no disciplinary law for youth care professionals. If they are BIG or SKJ-registered and/or a member of a professional association in the European Netherlands, they do fall under one or more forms of disciplinary law.

35 In this regard, see also the Bestuurlijke afspraken jeugdzorg Caribisch Nederland dated June 7, 2023.

12.2 Professional secrecy

The professional confdentiality of youth care professionals means that they need the client’s permission to share information. In the case of a court-ordered form of youth care, the consent requirement does not apply if the youth care professional reports to the judge or to the Guardianship Council. In that case the youth care professional must let the client know in advance that he will report and what he will report to the judge or to the Guardianship Council and that the client has the opportunity to add his own viewpoint or another addition to the report of the youth care professional.

If youth care that is not freely accessible is voluntary in nature, with or without some form of pressure, the basic principle is that the youth care professional must have permission to share information with others. If this is not possible, then in some cases the confict of duties described below can be invoked for consultation with other professionals.

Exception – Reporting law
If a youth care professional has signals of child abuse or domestic violence, he can make a report to the HGKM Advice and Reporting Center. The youth care professional then exercises his right to report³⁶. This means that the youth care professional does not need permission from the client to make the report. However, the youth care professional is obliged to take the steps of the Protection Code in the case of signals or suspicions of domestic violence or child abuse in order to arrive at a careful decision about whether or not to make a report³⁷

Right to report: including the right to share information upon request
The right to report also gives the youth care professional the right to share information about the client at the request of the HGKM Advice and Reporting Center without the client’s consent. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. The second condition is that the youth care professional informs the client or parent so that they know what information has been shared with the HGKM Advice and Reporting Center.

Note: If a youth care professional provides youth care afer referral from the HGKM Advice and Reporting Center, the reporting right provides the professional with the space to consult with the HGKM Advice and Reporting Center should violence recur or if it becomes clear that youth care is insufcient to stop the violence.

Exception – Court-ordered youth care
For forced youth care, imposed by the court, a youth care professional does not need permission from their client to report on the progress or outcomes of the youth care to the court or to the Guardianship Council.

Exception – Confict of duties
The legal right to report focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other care providers or agencies, such as a family doctor, the police or the school. In principle, the youth care professional needs permission from his client for this. This consent requirement is not absolute. A youth care professional can become caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, he can decide to share information without consent if this is necessary to prevent (a signifcant risk of) serious harm to his client or another person.

36 As stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
37 This obligation to use the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.

Duty to report violence social care relationship
In addition, we note the reporting requirement³⁸ that applies to youth care professionals in cases of violence in youth care. This duty to report means that youth care professionals, through the management of their institution, must make a report if they have concrete indications that physical, mental or sexual violence is being used by a youth care professional against a client. Client-to-client violence must also be reported if these clients spend at least a day in the same institution. The report must be made to the Health Care and Youth Inspectorate.

Pursuant to policy rules of the Inspectorate, in cases of violence between clients, there is no need to report “minor” physical or mental violence. By this the Inspectorate means violence that did not require medical or behavioral treatment and/or did not involve the police. However, these incidents of violence must be recorded internally and included in an annual report to the Inspectorate.

Note – This exception does not apply to violence by a youth care professional toward a client. This violence must always be reported. The exception also does not apply to sexual violence between clients. This type of violence must also always be reported.

The obligation to report focuses on violence commited in youth care. The reporting right and the Protection Code focus on child abuse and domestic violence in the home.

12.3 Disciplinary and complaint law

The central question in disciplinary and complaint law is whether the youth care professional has acted carefully. The assessment takes place on the basis of the fle and statements by the client and the professional. It is not judged with ‘hindsight’, but rather based on whether the youth care professional, at the moment of acting, made a careful assessment with the knowledge he had at the time. Of importance here is whether he consulted an expert colleague beforehand and whether he tried to consider the interests of all those involved.

In the case of a complaint about a report to the HGKM Advice and Reporting Center, an assessment will be made as to whether the professional took the steps of the mandatory Protection Code and whether the content of the report was carefully formulated.

Disciplinary Law
Disciplinary law means that in response to a complaint, a disciplinary board of professional peers and lawyers evaluates whether the youth care professional has acted according to professional standards. BES legislation does not have specific disciplinary law for youth care professionals. If a youth care professional working on the BES islands and in the European Netherlands is SKJ or BIG-registered, he falls under SKJ or BIG disciplinary law. If the employee is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies (also).

Complaint Law
If the youth care facility has a complaints procedure, which is the case at ZJCN Youth Care, among others, clients can submit their dissatisfaction with the actions of youth care professionals to a complaints commitee or a complaints officer.

38 This reporting requirement is included in Article 18.4.7d Public Entities Implementation Act BES

Supervision
Supervision of youth care is exercised by the Health and Youth Inspectorate.

13.1 Legal framework

Book 1 of the Civil Code describes the duties of the Guardianship Council. One of the tasks of the Guardianship Council is to conduct investigations in all cases where the physical or mental development of minors is seriously threatened and voluntary help is not sufcient. In such cases, the Guardianship Council conducts investigations. Based on this investigation, the Guardianship Council decides whether it is necessary to submit a request to the court for a child protection measure such as a custodial supervision order (OTS) or the termination of the parents’ custody (“relieving” or “disqualifying”). Another task of the Guardianship Council is to conduct investigations
and give advice to the judge and the Public Prosecutor’s Ofce on underage suspects arrested by the police.

For the Guardianship Council, the legal basis for sharing information is not the client’s consent but the specifc governmental task assigned to the Council. The BES Personal Data Protection Act calls this legal basis “the public law performance of duties”³⁹. The BES legislation has no disciplinary law for employees of the Guardianship Council. If they are BIG or SKJ-registered in the European Netherlands or a member of a professional association, they do fall under one or more forms of disciplinary law.

NOTES:
• Because of its specifc duties and position, the Guardianship Council is not covered by the mandatory Protection Code
• The Guardianship Council uses the term informants for professionals from whom the Guardianship Council requests information about their client as part of an investigation

39 Art. 8 under ‘e’ Personal Data Protection Act BES.

13.2 No consent requirement, but disclosure

Approaching informants
The Guardianship Council preferably approaches informants with parental consent. However, the Guardianship Council does not depend on the consent of the parents, the Guardianship Council can also approach informants without the consent of the parents. In that case the Guardianship Council informs the informant that there is no permission for the consultation and also explains why the Guardianship Council believes that the requested information is necessary.

Position informants approached by the Guardianship Council
Even though the Guardianship Council itself does not legally need permission to approach informants, many of these informants, such as all (social) caregivers, among others, do themselves need permission from their client to share information with the Guardianship Council.

When the Guardianship Council approaches a professional, he frst contacts his client to describe what information he wants to share and why he feels it is necessary. Based on this information he asks his client for permission. If this is not possible, the informant will consider whether he or she should share information with the Guardianship Council, even if there is no consent. This is done on the basis of a so-called confict of duties. The informant must take into account that the Guardianship Council will only investigate and request information if there are indications that the physical or mental development of a minor is seriously threatened. Therefore, in many cases the consideration made by the informant will result in the informant sharing information with the Guardianship Council even in the absence of consent.

Sometimes the Guardianship Council will have already asked the parents’ permission, partly on behalf of the informant to be approached. Still, even then it is careful if the informant himself frst contacts his client to describe what information he wants to share with the Guardianship Council. Afer all, only when the parents know this can they give specifc consent.

Openness of the Guardianship Council to clients
The Guardianship Council has an open approach to parents. The investigation starts with a conversation with the parents and the Guardianship Council also informs the parents which professionals will be approached as informants. The report that the Guardianship Council draws up on the basis of the investigation is also given to the parents for inspection and they are given the opportunity to add their vision and other additions to the report.

13.3 Disciplinary and complaint law

In disciplinary and complaint law, the central question is whether care was taken. The assessment takes place on the basis of the fle and statements by the client and the employee of the Guardianship Council. Judgments are not based on ‘hindsight’, but rather on whether the employee acted with due care at the time he acted, based on the knowledge he had at the time. Among other things, it is important whether he followed the guidelines that apply within the Guardianship Council for conducting the investigation and issuing advice.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board of professional peers and lawyers assesses whether the professional acted in accordance with professional standards. The BES legislation has no specifc disciplinary law for employees of the Guardianship Council. Is an employee SKJ or BIG-registered in the European Netherlands, then he falls under the SKJ or BIG disciplinary law. If the employee is a member of a European-Dutch professional association such as the Netherlands Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO)or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies

Complaint Law
The Guardianship Council has an internal complaint procedure for clients who are not satisfed with the actions of Guardianship Council employees. When an internal procedure is not completed to the satisfaction of a client, he can ask the National Ombudsman to investigate the actions of the Guardianship Council.

Supervision
Supervision of the Guardianship Council is exercised by the Health and Youth Inspectorate

14.1 Legal framework

For sharing information about students with professionals and agencies outside the school, such as a youth care professional, the youth doctor, or afer-school care, education does not have its “own” legislation. The consent requirement governing the sharing of this information is contained in the BES Personal Data Protection Act. The age limit of 16 that applies when giving consent is also included in this law. There is no  disciplinary law in education, although BES schools do have a complaints procedure.

14.2 Sharing information

If a school wishes to hold a consultation on a student that includes other agencies or individuals from outside the school, or if the school wishes to share information with another agency or professional, the consent of the student and/or his parents is required. This permission should be specifcally requested and given.

NOTES:
• The legislative proposal Childcare BES ⁴⁰ requires the school and the childcare center to organize a “warm transfer” in the form of a conversation between the school and the childcare center when a child leaves the childcare center and goes to elementary school. This conversation requires the consent of the parents and they are expressly invited to be present at the conversation.
• When a student leaves the elementary school and goes to another elementary school or to secondary school, the school is obliged to prepare an educational report intended for the student’s new school. The educational report contains the student’s learning results and learning abilities and, insofar as relevant to education, information on his social emotional development. Upon leaving the school, the educational report is given to the parents so that they can give the report to the new primary or secondary school.

40 TK 36,306, 1-3, submited to the House of Representatives in February 2023

Exception – Reporting law
If a school has signs of child abuse or domestic violence, the school can make a report to the HGKM Advice and Reporting Center. The school then makes use of the right to report⁴². This means that the school does not need permission from the parents or student to make the report. However, the school is asked to take the steps of the mandatory Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to reach a careful decision on whether or not to make a report⁴³.

Right to report: including the right to share information upon request
The right to report also gives the school the right, at the request of the HGKM Advice and Reporting Center, to share information about him without the parents’ or student’s consent. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. As a second condition, the school must let parents know what information will be shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other professionals and agencies, such as a youth care professional or the family doctor. For this, the school needs permission from the parents or student. This consent requirement is not absolute. A school may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, the school may still decide to share information if it is necessary to prevent (a signifcant risk of) serious harm to the student or another person.

Duty to report sexual abuse
In addition, we note the duty to report sexual abuse that applies to all staf in a school. If a staf member suspects or hears that another professional at school is commiting (or has commited) sexual abuse or lewdness with a minor student, the staf member is obliged to report this immediately to the school board. A staf member cannot invoke a duty of confdentiality in such situations. This reporting requirement focuses on sexual abuse or lewdness commited by someone who performs work for the school (teacher, janitor, psychologist hired to supervise a particular student, etc.) The reporting right and Protection Code focus on child abuse in the home

14.3 Disciplinary and complaint rights

There is no disciplinary law for teachers. However, BES schools do have a complaints procedure on the basis of which parents can complain about the actions of (teachers and other employees of) the school. In the case of a complaint about a report to the HGKM Advice and Reporting Center, one of the issues assessed is whether the school has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Supervision
Supervision of education on the BES islands is carried out by the Inspectorate of Education.

42 The mandatory use of the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
43 Art 6 paragraph 3 Primary Education Act BES, Art 4 paragraph 3 Secondary Education Act BES

15.1 Legal framework

In this chapter, the term childcare refers to childcare centers and host parents who, with a license from the Executive Council, provide care for children who are not yet atending elementary school and/or provide afer-school care for children atending education at an elementary school.

For the sharing of information about children with professionals and agencies outside of childcare, such as, the school, or social work, childcare does not have its “own” legislation. The consent requirement that applies to sharing this information is included in the BES Personal Data Protection Act. The age limit of 16 that applies when giving consent is also included in this law. The BES legislation has no disciplinary law for childcare workers. If they are BIG- or SKJ-registered or a member of a professional association in the European Netherlands, they do fall under one or more forms of disciplinary law.

15.2 Sharing information

If the childcare facility wishes to hold a consultation about a child that includes other agencies or professionals from outside the child care facility, or if the child care facility wishes to share information with another agency or professional, parental consent is required. This consent should be specifcally requested and given.

Warm transfer childcare – school
The legislative proposal Childcare BES⁴⁴ requires the school and childcare to organize a “warm transfer” in the form of a conversation between school and childcare when a child leaves daycare and goes to elementary school. This conversation requires the consent of the parents and they are expressly invited to be present at the conversation.

Exception – Reporting law
If the childcare center has signs of child abuse or domestic violence, the childcare center can make a report to the HGKM Advice and Reporting Center. The childcare center then uses the right to report⁴⁵. This means that the childcare facility does not need permission from the parents or the student to make the report. However, the childcare facility is required to take the steps of the mandatory Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to reach a careful decision on whether or not to make a report⁴⁶.

Right to report: including the right to share information upon request
The right to report also gives the childcare center the right to share information about the child and parents without parental consent at the request of the HGKM Advice and Reporting Center. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. As a second condition, the childcare center must inform the parents so that they know what information has been shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties.
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other professionals and agencies such as the school, or youth care. For this, the childcare center needs parental consent. This consent requirement is not absolute. The childcare center may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, the childcare center may decide to share information without consent if this is necessary to prevent (a signifcant risk of) serious harm to the child or another person.

Duty to report sex ofenses and abuse
In addition, we point to the duty to report sex ofenses and abuse in the aforementioned legislative proposal Childcare BES. If an employee of a childcare center knows that another professional performing work for a childcare center is (or has been) guilty of a sex ofense or abuse against a child in childcare, the employee is obliged to immediately report this to the childcare board. This reporting obligation will go into efect when the legislative proposal Childcare BES becomes law.

The duty to report focuses on sexual abuse and abuse commited by someone who performs work for the children’s centers (leader, supervisor, hired cleaner, etc.) The right to report and the Protection Code focus on (signs of) child abuse in the home situation. The reporting requirement applies to childcare centers, not to host parents who are taking care of children.

44 TK 36,306, 1-3, submited to the House of Representatives in February 2023.
45 Established in the Social Support and Combating Domestic Violence Decree BES.
46 The mandatory use of the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.

15.3 Disciplinary and complaint law

In disciplinary and complaint law, the central question is whether care was taken. The assessment takes place on the basis of the fle and statements by the client and the professional. Judgments are not based on “hindsight’, but on whether the professional made a careful assessment at the time he acted, with the knowledge he had at the time. Important here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all those involved.

In the case of a disciplinary or complaint case about a report to the HGKM Advice and Reporting Center, one of the things assessed is whether the childcare center has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board of professional peers and lawyers assesses whether the professional acted in accordance with professional standards. BES legislation has no specifc disciplinary law for childcare workers. If an employee working on the BES islands is SKJ or BIG-registered in the European Netherlands, he is subject to the SKJ or BIG disciplinary law. If the employee is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO), then the relevant association disciplinary law applies.

Complaint Law
If the aforementioned legislative proposal Childcare BES becomes law, childcare centers will have to have a complaints procedure. The mandatory complaints procedure will not apply to childcare provided by host parents.

Supervision
Supervision of the quality of childcare is exercised by the Education Inspectorate

16.1 Legal framework

Truancy officers supervise compulsory education compliance on behalf of the Executive Council. To share information about students, the truancy officers do not need permission. The legal basis for this is the specific government task – the supervision of compulsory education – mentioned in the BES Compulsory Education Act. The BES Personal Data Protection Act calls this legal basis “the performance of public law duties”.

The truancy officer is also an investigating officer for punishable forms of school absenteeism. In this criminal context, he can share information with the Public Prosecutor’s Office and the courts.

Truancy officers are not subject to disciplinary law. However, truancy officers are subject to the right of complaint that applies to (employees of) the Executive Council.

16.2 Sharing information

No consent, but openness
The truancy officer, as a supervisory official, does not need permission to share information with other agencies. Information can be shared about the actual school absenteeism and about the circumstances that cause the school absenteeism or that may promote return to school. In this context, information may also be shared about signs or the approach in dealing with domestic violence or child abuse.

If the obligated truancy officer initiates an investigation into the causes of school absenteeism, he explains in his contacts with the parents and the student who he will approach as informants or with whom he will consult. He also discusses the results of his investigation with the parents and/or the student.

Providing information to the truancy officer
Since the truancy officer is a supervisory official, everyone is obliged to cooperate with him in his supervisory task and to share with him the information he requests. The obligation to provide information does not apply as a duty for social workers with a duty of confidentiality. In principle, they need their client’s permission to share information with the truancy officer. If they do not receive this consent, they can consider whether information should still be provided in order to prevent the signifcant risk of serious harm to the student or another person.

NOTE – Education has a legal duty to report school absenteeism to the truancy officer and to provide the truancy officer with all information about the student that is necessary for the student to return to school.

Note – Some forms of school absenteeism are punishable under the BES Compulsory Education Act. For these offenses, the truancy officer is an investigating officer. In this context, he can make process reports and share these reports and other relevant information with the Public Prosecutor’s Office and the courts.

Reporting rights and mandatory Protection Code
If truancy officers have signs of child abuse or domestic violence, they can make a report to the HGKM Advice and Reporting Center. Truancy officers then exercise the right to report⁴⁷. This means that truancy officers do not need the consent of the parents or the student to make the report. However, truancy officers are asked to take the steps of the mandatory Protection Code in the event of signs or suspicions of domestic violence or child abuse in order to reach a careful decision on whether or not to make a report⁴⁸

Right to report: including the right to share information upon request
The right to report also gives truancy officers the right to share information about the student and parents at the request of the HGKM Advice and Reporting Center, without parental consent. The condition is that the information is necessary to assess safety or to stop the domestic violence or child abuse. The second condition is that the truancy officer informs the client or parent, so that they know what information is shared with the HGKM Advice and Reporting Center.

16.3 Complaint and disciplinary law

There is no disciplinary law for compulsory education ofcials. However, complaints about the actions of truancy ofcers can be fled under the complaints regulation of the BES Executive Councils.

In the case of a complaint about a report to the HGKM Advice and Reporting Center, one of the issues assessed is whether the truancy ofcer took the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

If the complainant is not satisfied with the outcome of the internal procedure, he can ask the National Ombudsman to investigate.

47 Established in the Social Support and Combating Domestic Violence Decree BES.
48 The mandatory use of the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES

17.1 Legal framework

Bureau Slachtofferhulp (hereafer: Victim Support) does not have its own specific legal framework when it comes to sharing information. The consent requirement by which employees of Victim Support are bound is included in the BES Personal Data Protection Act. The age limit of 16 that applies when giving consent is also included in this law. The BES legislation has no disciplinary law for employees of Victim Support. If they are BIG- or SKJ-registered in the European Netherlands, or a member of a professional association, they do fall under one or more forms of disciplinary law.

Note: Even though Victim Support in the Dutch Caribbean is organizationally a part of the Dutch Caribbean Police Force, Victim Support has its own legal framework. The assistance provided by them is a form of voluntary help and support for crimes, calamities, trafc accidents and missing persons.

Consent requirement
Victim Support’s consent requirement means that staf must specifically request and obtain permission from their client to share information about them with others outside of Victim Support.

This consent requirement is an important tool to ensure that clients feel free to call on Victim Services.

The consent requirement also applies with respect to police and judicial authorities.

Exception – Employees who are both involved in Victim Support to the same client.
Consent is presumed, and need not be explicitly sought, when a Victim Support employee shares information with another Victim Support colleague involved with the same client.

Exception – Reporting law
If Victim Support has signals of child abuse or domestic violence, Victim Support may fle a report with the HGKM Advice and Reporting Center. Victim Support then exercises the right to report⁴⁹. This means that Victim Support does not need the client’s consent to make the report.

Note: For Victim Support, the mandatory steps of the Protection Code do not apply. However, Victim Support is expected to discuss suspicions and signals and to inform the client about the report in advance.

Right to report: including the right to share information upon request
The right to report also gives Victim Support the right to share information about the client at the request of the HGKM Advice and Reporting Center without the client’s consent. The condition is that the information is necessary to assess the safety of the client or another person or to stop the domestic violence or child abuse. The second condition is that Victim Support informs the client so that the client knows what information is shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other professionals and agencies, such as a doctor or social worker. For this, Victim Support requires the client’s consent. This consent requirement is not absolute. Victim Support may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, Victim Support may still decide to share information even though there is no consent if it is necessary to prevent (a signifcant risk of) significant harm to a client or to another person.

17.2 Complaint and disciplinary law

In disciplinary and complaint law, the central question is whether care was taken. The assessment takes place on the basis of the fle and statements made by the client and the professional. Judgments are not based on ‘hindsight’, but on whether the professional made a careful assessment at the time he acted, with the knowledge he had at the time. Of importance here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all involved.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board composed of professional peers and lawyers evaluates whether the professional has acted according to professional standards. BES legislation has no specifc disciplinary law for employees of Victim Support. If an employee working on the BES islands is SKJ or BIG-registered in the European Netherlands, he is subject to SKJ or BIG disciplinary law. If the employee is a member of a professional association, such as the Netherlands Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies.

Complaint Law
Victim Services does not have a complaints procedure.

49 Established in the Social Support and Combating Domestic Violence Decree BES

18.1 Legal framework

In this guide, “women’s shelter” means temporary forms of shelter and counseling for women and men who have lef their homes as a result of domestic violence or human traficking⁵⁰. The Executive Councils are responsible for the availability, continuity and quality of women’s shelters on the BES islands⁵¹.

The women’s shelter does not have its own specific legal framework when it comes to sharing information. The consent requirement to which women’s shelter employees are bound is contained in the Social Support and Combating Domestic Violence and Child Abuse Decree BES. The age limit of 16 that applies when giving consent is included in the BES Personal Data Protection Act. Based on BES legislation, there is no disciplinary law for women’s shelter workers. If they are BIG- or SKJ-registered or a member of a professional association in the European Netherlands, they do fall under one or more forms of disciplinary law.

18.2 Consent requirement

The women’s shelter consent requirement means that staf must seek and receive targeted consent from their client to share information. This consent requirement is an important tool to ensure that clients feel free to seek women’s shelter. The consent requirement also applies with respect to government agencies such as police and judicial authorities, for example.

50 A separate location is available for men seeking women’s shelter.
51 Social Support and Combating Domestic Violence and Child Abuse Decree BES

Exception – Employees who are both involved in the care of the same client
Consent is assumed and need not be explicitly sought when a women’s shelter worker shares information with another women’s shelter colleague involved with the same client.

Exception – Reporting law
If the women’s shelter has new signs of child abuse or domestic violence, the women’s shelter can make a report to the HGKM Advice and Reporting Center. The women’s shelter then uses the reporting right⁵². This means that the women’s shelter does not need permission from the client to make the report. However, the women’s shelter is expected to take the steps of the Protection Code in case of signals or suspicions of domestic violence and child abuse, in order to reach a careful decision on whether or not to make a report⁵³.

Right to report: including the right to share information upon request
The reporting right also gives the women’s shelter the right to share information about the client at the request of the HGKM Advice and Reporting Center without the client’s consent. The condition is that the information is necessary to assess the safety of the client or another person or to stop the domestic violence or child abuse. The second condition is that the women’s shelter informs the client so that the client knows what information will be shared with the HGKM Advice and Reporting Center

Exception – Confict of duties
The reporting right focuses only on information sharing with the HGKM Advice and Reporting Center. This right cannot be used to share information with other professionals and agencies such as the family doctor, youth care or the police. For this, the women’s shelter needs permission from the client. This consent requirement is not absolute. The women’s shelter may be caught between two duties: the duty to remain silent and the duty to speak. The women’s shelter may decide to share information anyway, even if there is no consent, if sharing information is necessary to prevent (a signifcant risk of) serious harm to the client or to another person.

18.3 Complaint and disciplinary law
In disciplinary and complaint law, the central question is whether care was taken. The assessment takes place on the basis of the fle and statements by the client and the professional. It is not judged with ‘hindsight’, but rather based on whether the professional, at the time of acting, made a careful assessment with the knowledge he had at the time. Important here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all those involved.

In the case of a disciplinary or complaint case about a report to the HGKM Advice and Reporting Center, one of the things assessed is whether the women’s shelter has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

52 Established in the Social Support and Combating Domestic Violence Decree BES
53 The mandatory use of the Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board composed of professional peers and lawyers assesses whether the professional acted according to professional standards. BES legislation has no specifc disciplinary law for women’s shelter workers. If an employee working on the BES islands is SKJ- or BIG-registered in the European Netherlands, he falls under the SKJ or BIG disciplinary law. If the employee is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies.

Complaint Law
For the women’s shelter on Bonaire, the Krusada complaints regulation applies; for the women’s shelter on St. Eustatius and Saba, the public entities’ complaints regulation applies

19.1 Legal framework

The tasks of the Dutch Caribbean Probation Foundation (hereinafter referred to as the Reclassering) include advising on apprehended suspects, supervising suspects and convicts and organizing and supervising community service. Reclassering performs its duties on behalf of the Public Prosecutor’s Office, the judge or the Ministry of Justice and Security. The legal rules for sharing client information are laid down in the Privacy Regulations of the Dutch Caribbean Probation Foundation. BES legislation has no disciplinary law for employees of the Reclassering. If they are BIG- or SKJ-registered in the Netherlands or a member of a professional association, they do fall under one or more forms of disciplinary law.

19.2 Information sharing

Within the justice chain
Reclassering can share reports and other information within the justice chain without the client’s consent. However, the client should be informed in advance. The client also has the right to add his opinion or additional information to a report before it is sent to the Public Prosecutor, the court or the Ministry of Justice and Safety.

Reclassering also does not need the client’s consent for requesting information about the client from informants within the justice chain, but the client is informed.

Outside the justice chain
To share information with organizations outside the justice chain, Reclassering does need the client’s permission. The client’s consent is also required to approach informants outside the justice chain (social work, social care worker, school, family doctor, etc.).

Exception – Reporting right
to the HGKM Advice and Reporting Center. Reclassering then uses the right to report. This means that Reclassering does not need permission from the client to make the report⁵⁴. However, Reclassering is required to follow the steps of the compulsory Protection Code in the event of signs or suspicions of domestic violence or child abuse, in order to reach a careful decision on whether or not to make a report⁵⁵.

Right to report: including the right to share information upon request
The reporting right also gives Reclassering the right to share information about the client at the request of the HGKM Advice and Reporting Center without the client’s consent. The condition is that the information is necessary to assess the safety of the client or another person or to stop the domestic violence or child abuse. The second condition is that Reclassering informs the client so that the client knows what information will be shared with the HGKM Advice and Reporting Center.

Exception – Confict of duties.
The right to report only applies to sharing information with the HGKM Advice and Reporting Center. To share information outside the justice chain with agencies and professionals such as a doctor, or a youth care professional, Reclassering requires the client’s consent. This consent requirement outside the justice chain is not absolute. Reclassering may be caught between two duties: the duty to remain silent and the duty to speak. Based on careful consideration, Reclassering may decide to share information without consent if it is necessary to prevent (a signifcant risk of) serious harm to the client or another person.

19.3 Complaint and disciplinary law

In disciplinary and complaint law, the central question is whether care was taken. The assessment takes place on the basis of the file and statements made by the client and the professional. Judgments are not made with “hindsight,” but rather based on whether the professional, at the time of acting, made a careful assessment with the knowledge he had at the time.

What is important here is whether he consulted a colleague beforehand and whether he tried to consider the interests of all concerned. In the case of a disciplinary or complaint case about a report made to the HGKM Advice and Reporting Center, among other things, it is assessed whether Reclassering has taken the steps of the Protection Code and whether the content of the report meets the requirements of careful data sharing.

Disciplinary Law
Disciplinary law means that in response to a complaint, a board of professional peers and lawyers assesses whether the professional acted in accordance with professional standards. The BES legislation has no specifc disciplinary law for employees of Reclassering. If an employee working on the BES islands is SKJ- or BIG-registered in the European Netherlands, he falls under the SKJ or BIG disciplinary law. If the employee is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association disciplinary law applies.

Complaint Law
The Dutch Caribbean Probation Foundation has a complaints procedure for clients who are not satisfed with the actions of (an employee of) the Reclassering. After the internal complaints procedure, a client can, if necessary, request the National Ombudsman to investigate.

54 As stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
55 The use of the mandatory Protection Code is also stipulated in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.

Supervision
Supervision of the Reclassering is exercised by the Justice and Security Inspectorate.

20.1 Legal framework

Pursuant to art. 62 Civil Servants Act BES, among other things, every employee of a penitentiary institution is obliged to maintain secrecy. This means that he does not share information with third parties about what is going on in the prison or house of detention, nor does he go public with information about detainees. BES legislation has no disciplinary law for penitentiary staf. If they are BIG- or SKJ-registered or a member of a professional association in the European Netherlands, they do fall under one or more forms of disciplinary law.

20.2 Reporting rights and mandatory Protection Code

In the case of signals that may indicate domestic violence and child abuse in the home situation of the detainee, correctional facilities have the right, despite the duty of confidentiality, to report the signals to the HGKM Advice and Reporting Center. The correctional institution then uses the reporting right⁵⁶. This means that the institution does not need permission from the detainee for the report. However, the correctional institution is required to take the steps of the mandatory Protection Code in order to arrive at a careful decision on whether or not to make the report⁵⁷.

The reporting right and mandatory Protection Code do not focus on possible violence in the correctional facility but on violence in the inmate’s home situation.

56 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.
57 The use of the mandatory Protection Code is also included in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.

Right to report: including the right to share information upon request.
The reporting right also gives the correctional institution the right to share information about the detainee and his home situation at the request of the HGKM Advice and Reporting Center to the extent that this information is necessary to assess the safety of one or more family members or to stop the domestic violence or child abuse. As a condition, the correctional facility must inform the client so that the client knows what information will be shared with the HGKM Advice and Reporting Center.

20.3 Disciplinary and complaint rights

Disciplinary Law
Disciplinary law means that in response to a complaint, a disciplinary tribunal assesses whether the professional acted according to professional standards. The BES legislation has no specific disciplinary law for employees of penitentiary institutions. If a staf member working on the BES islands is SKJ- or BIG-registered in the European Netherlands, he falls under the SKJ or BIG disciplinary law. If the staf member is a member of a professional association, such as the Dutch Institute of Psychologists (NIP), the Dutch Association of Pedagogues and Educationalists (NVO) or the Professional Association of Professionals in Social Work (BPSW), then the relevant association’s disciplinary law applies.

Complaint
Under the BES Detention System (“Beginselenwet gevangeniswezen BES”) a detainee can complain to the Supervisory Commitee of the institution about a number of decisions taken about him such as places in segregation, imposition of a disciplinary punishment and a freedom restricting measure. An inmate may also complain about violence applied to him

Supervision
Supervision of correctional institutions is exercised by the Justice and Security Inspectorate.

21.1 Legal framework

For the Dutch Caribbean Police Force, the Police Data Decree provides the rules for sharing information about citizens. The core of this law is that the police may only share information with institutions and persons mentioned in this law or in the Police Data Decree. The police do not have a disciplinary law, but they do have a complaints procedure.

21.2 Sharing of information

The Law and the Police Data Decree work with three groups of agencies with which information can be shared. The frst group includes partners in the justice chain: other investigative agencies, the Public Prosecutor’s Office and the courts. The second group includes BES authority fgures. The third group is formed by other institutions and organizations that “due to a weighty public interest” must also have access to police information. To the extent relevant to addressing domestic violence and child abuse, this group includes the Guardianship Council and Victim Support.

In addition, the Law and the Police Data Decree make it possible for the chief of police to decide that police information is provided on a structural basis to cooperative associations to the extent that this sharing of information is also aimed at the police duties: detecting criminal offenses, maintaining public order or providing assistance to those who need it. On the basis of this provision, the chief of police may decide, for example, that police information will be provided to an alliance aimed at tackling domestic violence and child abuse

If the provisions of the Law and the Decree do not ofer any possibilities in a particular case and disclosure is nevertheless necessary, the police may decide to make incidental disclosure to a person or institution not mentioned in the Law or the Decree. Again, the condition is that this sharing of information is also aimed at the performance of one of the police duties.

12.3 Reporting law

The police can, on the basis of the reporting right⁵⁸, report signals of domestic violence and child abuse to the HGKM Advice and Reporting Center. For the police, this reporting right can be seen as a further elaboration of the provision of data mentioned in the Police Data Decree, in connection with the task of providing help to those who need it.

Unlike many other professions, the police do not have to follow the steps of the mandatory Protection Code when faced with signals of domestic violence and child abuse, in order to make a careful decision about whether to report. However, the police should inform citizens if they decide to make a report.

Right to report: including the right to share information upon request
The right to report provides the police not only with the right to make a report but also to share information at the request of the HGKM Advice and Reporting Center, to the extent that this information is necessary to assess safety or to stop the violence. The second condition is that the police inform the citizen so that they know what information has been shared with the HGKM Advice and Reporting Center.

This right to share information on request can also be seen as an elaboration of the provision of data mentioned in the Police Data Decree, in connection with the task of providing assistance to those who need it

12.4 Complaint and disciplinary law

There is no police disciplinary law, but the Dutch Caribbean Police Force does have a complaints procedure. Following this internal complaints procedure, citizens can request the National Ombudsman to investigate police conduct.

Supervision
Supervision of the police is exercised by the Justice and Security Inspectorate

58 Established in the Social Support and Combating Domestic Violence and Child Abuse Decree BES.