Ombudsman for Children calls on Government to put children and families at the centre of public sector reform

Justice Catherine McGuinness launches Ombudsman for Children Investigations’ report

A review of investigations undertaken by the Ombudsman for Children’s Office, launched today (Wednesday) by Justice Catherine McGuinness, highlights the lack of awareness about the impact of public administrative decision-making on the lives of children and their families.

The review was undertaken by Dr Ursula Kilkelly, Senior Law Lecturer of University College Cork on behalf of the Ombudsman for Children’s Office (OCO). The report provides an analysis of 10 pivotal cases that represent the breadth of the OCO’s experience with civil and public administration – from attempts by professionals to advocate for children up to and including occasions when our work has been deliberately obstructed.

According to Emily Logan, Ombudsman for Children: “This analysis of investigations provides supporting evidence for the need for public sector reform. It illustrates how civil and public administrative decision making impacts on children’s lives. In the context of public sector reform, I believe this analysis can provide significant learning for the civil and public sector and demands of government to pay attention to children and families in the context of such reform.”

Dr Kilkelly found that in the cases reviewed the procedures employed when making decisions about children’s lives, and in some cases those applying them, were not aware of or sensitive to the needs or rights of children or their families. Other considerations appeared to dominate over ensuring that the rights and interests of individual children are met. In this respect, the individual children appeared to be largely invisible in the decision-making process. There are examples of an excessively bureaucratic approach to public decision-making, and often a disconnect between administrative decision-makers and those affected by their decisions.

A further particularly worrying common theme identified is the failure to ensure the implementation of national law and policy. The failure to rigorously apply the best interests principle and to ensure children’s voices are heard as the Child Care Act 1991 requires is of serious concern as is the failure to ensure adherence of the Children First National Guidelines.

Emily Logan added: “I am also concerned by a lack of understanding by civil and public administration of how quickly harm can be done to children by depriving them of education, separating them from siblings and providing for their care. It is my view that without the intervention of my Office that it is unlikely that any review of the area of decision-making complained of would have been initiated. The investigation of these cases averted litigation against the state by offering parents and children an alternative mechanism of resolution. The manner in which the cases are investigated is non-adversarial, generally speedier than the courts, and less costly.”

Accessibility to an independent mechanism of redress for people who cannot avail of redress in the courts is fundamental to a well functioning democracy. The Ombudsman for Children emphasised the importance of a free and independent mechanism for parents/ guardians and children through its complaints function. By identifying and recommending the resolution of systemic problems this statutory function has and will continue to assist many children into the future.

While adequate resources are of great importance to guaranteeing that children’s rights are respected, the attitude and culture that underpin how we engage with and provide for children is arguably more fundamental.

ENDS

Notes to Editors:

• The Ombudsman for Children Act 2002 provides for the examination and investigation of administrative actions by public bodies affecting children under eighteen years.
• A full copy of the report ‘A Children’s Rights Analysis of Investigations’ is available online
• For more information contact Nikki Gallagher at 01-8656803 or 086-8163246

• 20 Aibreán 2011
• Cineál: Preaseisiúint
• Ábhar: Dlí Teaghlaigh