72% Irish people believe State could do more to support Children’s Rights

Ombudsman for Children’s 2012 annual report highlights areas where State not adequately supporting children and families

The majority of people living in Ireland believe that more could be done to support and promote children’s rights according to a survey carried out by the Ombudsman for Children’s Office in the run-up to the Children’s Ombudsman’s 2012 annual report. The report, published today (Thursday) by Children’s Ombudsman, Emily Logan, catalogues the work in 2012 across the Office’s three statutory functions: Complaints and Investigations; Policy and Legislation; and Participation and Education.

Last year, 1465 complaints were dealt with by the Ombudsman for Children’s Office (OCO). Once again the vast majority of complainants were parents contacting the OCO on behalf of their children. Education (43%) and Health (39%) were the two main categories of complaint. Education complaints related to the way schools handled allegations of inappropriate professional conduct; how peer bullying was handled; expulsion, suspension and enrolment; Department of Education policies, schemes and curriculum; and allocation of special needs resources. Health complaints covered child protection; issues relating to children in care; family support services; and community care services.

Of particular interest were issues that emerged through complaints received. Yet again public bodies have demonstrated failure to consider children’s best interests when making decisions about children and families. We had many cases where two public bodies, both funded by the State failed to cooperate with each other and as a consequence children and families did not receive necessary supports and services. For example in 2012 the Children’s Ombudsman examined cases where:

Children in care could not be reunited with their families because Local Authorities wouldn’t provide suitable housing despite HSE recommendations.

Mental Health Services not being provided to children in care who are relocated because local offices cannot agree which area is responsible for providing these services.

Children having to remain in hospital despite medical advice that they may be cared for at home because the HSE wouldn’t provide adequate home care supports.

Emily Logan said: “Last year my Office encountered a number of cases when two public bodies did not work together in the best interests of children. This is counterproductive, not a good of use scarce resources or public servants’ time and energy. Most importantly this is very unfair to children and families. The State has an obligation to support children and families who need their assistance. Unfortunately, in too many instances the State falls far short of this obligation.”

In this reporting period there were also important advancements in the area of children’s rights including a referendum on Children’s Rights in November. The Ombudsman for Children had been seeking such an opportunity to strengthening children’s rights in Bunreacht na hÉireann since the Office was first established.

Emily Logan added: “2012 marked a significant milestone in the advancement of children’s rights in Ireland when the electorate was given the opportunity for the first time to decide if children’s rights ought to be strengthened in the Constitution. While the referendum was passed it is important that we all realise that this momentous step is merely a first step. This annual report illustrates why the advancement of children’s rights in Ireland is indeed an unfinished project.

In October 2012 the remit of the Ombudsman for Children’s Office was extended which meant an additional 180 public bodies could be examined by the OCO. The Ombudsman for Children had been calling for this extension since the publication of her first annual report in 2005. A provision of the legislation governing the OCO, the Ombudsman for Children’s Act, 2002, stipulates that the Ombudsman for Children must review the operation of the Act and the Ombudsman for Children submitted a comprehensive review to the Oireachtas and the Minister for Children and Youth Affairs. The report recommended removing existing exclusions to the investigatory remit; including additional public bodies; and placing a new duty on public bodies to provide appropriate assistance and guidance to complainants. Both the Department of Children and Youth Affairs and the Department of Public Sector Reform engaged very openly and constructively with the OCO and the legislation was enacted at the end of October and came into force on 30th April 2013.

ENDS

A full copy of the annual report 2012 is available to download

Case studies of complaints are contained in pages 30-43 of the report

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

• 20 June 2013
• Type: Press Release