Children’s Ombudsman formally seeks changes to Ombudsman for Children Act, 2002 to ensure greater protection for all children

Ombudsman for Children, Emily Logan, has today (Thursday) submitted a formal report, in accordance with her statutory mandate, to the Houses of the Oireachtas and the Minister for Children seeking changes to the legislation that governs her Office, the Ombudsman for Children Act, 2002. Under Section 7(h) of the Act, the Ombudsman for Children shall monitor and review the operation of the Act and make recommendations to the Minister for Children and Youth Affairs and/or the Oireachtas.

Among the changes proposed in the legislation:

• The Ombudsman for Children should be allowed to consider complaints from young people detained in St. Patrick’s Institution.
• Public bodies established after the enactment of the 2002 Act with mandates and functions relevant to children and young people are included within the remit of the Office. In particular, the Ombudsman for Children should be allowed to consider complaints regarding the National Council for Special Education (NCSE).
• The definition of “child” should be amended to include young people under the age of 21 who have a disability within the meaning of section 2 of the Equal Status Act 2002 and young people who have left the care of the Health Service Executive.

Emily Logan said: “The Ombudsman for Children Act, 2002, is a robust piece of legislation that has served many children well since its enactment. Notwithstanding the successful operation of the Act to date, the State must always ensure that the structures it puts in place to promote and protect the rights of the child are as effective and responsive as they can be.

I have concerns about certain deficiencies in the Act, particularly with respect to the Office’s investigatory remit, which I have consistently highlighted to the Oireachtas through annual reports. In addition to reiterating these long-standing concerns, this report sets out a number of additional aspects of the 2002 Act that could benefit from amendment.

In light of this, I hope that the practical and focused recommendations set out in this report receive favourable consideration by the Houses of the Oireachtas and by the Government.”

ENDS

Notes to Editors:

• A full copy of the report is available online.
• The Ombudsman for Children’s Office was established under the Ombudsman for Children Act, 2002 (the 2002 Act) as an independent statutory body with a mandate to promote the rights and welfare of children in Ireland.
• The Ombudsman for Children is directly accountable to the Oireachtas.
• The Ombudsman for Children, Emily Logan, was first appointed in December 2003 following an open competition and a resolution by both Houses of the Oireachtas.
• The Office has been fully operational since April 2004.

Contact: Nikki Gallagher at 01-8656803 or 086-8163246

• 29 Márta 2012
• Cineál: Preaseisiúint