The complaint

A mother contacted the Office about her 17 year old son who had previously been in the care of the State had his care order discharged in Court under Court condition that he reside with his mother at her address. When the family attempted to follow this Court direction, the Local Authority refused the child permission to reside with his mother on the basis of overcrowding.

The child lived with his mother and sister despite this refusal and as a result of not having a bedroom of his own and sleeping on the floor he developed a health complication which required hospital treatment.

OCO examination

On examination of the case the Office queried the practice of the Local Authority to request/refuse a child permission to reside with his/her parent guardian. It also became apparent that there was a lack of liaison between the Local Authority and the HSE regarding the child who had been in the child care system for a number of years.

The examination also highlighted a lack of central record keeping and information sharing between the various Local Authority sections. It also became apparent that although the Local Authority was advised by the child’s solicitor of the conditions of the Court direction, this did not result in the Local Authority facilitating the terms of the Court order.

Outcome

As a result of our intervention with the Local Authority, a commitment was given that what happened in this case was not Local Authority policy or standard practice. The Local Authority confirmed that it will commit to fulfil the terms of Court directions when notified and that a child who wishes to reside with his family should not have to apply to reside and therefore should not be refused to reside on overcrowding or any other grounds. From the response received from the Local Authority, the Office is therefore satisfied that it is not the Local Authority’s policy to put impediments in the way of children’s right to family life.

Posted in: Investigations Housing