Oireachtas should consider giving next Ombudsman for Children a role in new Independent Policing Authority – Logan

2013 Annual Report shows 16% increase in complaints from previous year

Emily Logan has used the occasion of the publication of her final annual report as Ombudsman for Children to call on the Oireachtas to consider giving the next Ombudsman for Children a role in the new Independent Policing Authority.

Since Emily Logan established the Ombudsman for Children’s Office (OCO) just over a decade ago, the OCO has amassed a significant, unique body of evidence that indicates that the core children’s rights principles of best interests and respect for the views of the child are still not being respected systemically by the Irish State.
Emily Logan, under special powers conferred on her by the Minister for Justice, also conducted a Special Inquiry into the exercise by members of the Garda Síochána of powers under section 12 of the Child Care Act in respect of two children who were removed from the care of their families in October in 2013.

Emily Logan said: “Looking forward I believe the orientation of law and policy in Ireland must be towards full respect for the rights enumerated in the UN Convention on the Rights of the Child. I believe that Ireland continues to require a dedicated, expert and independent oversight of civil and public administration in this area and I believe that the authority of the next Ombudsman for Children should be extended to include a role on the new Independent Policing Authority.”

In the past ten years the OCO has dealt with 10,000 complaints from children and families; engaged with numerous public bodies and service providers; achieved positive outcomes from investigations; commented on and influenced significant pieces of legislation relating to children; and delivered a human rights education programme to thousands of children and post-graduate students.

In 2013, the reporting period for this annual report, 1,677 complaints were dealt with by the Ombudsman for Children’s Office, an increase of 16% since 2012. Once again the vast majority of complainants were parents contacting the OCO on behalf of their children. Education (43%) and Family Support, Care & Protection (26%) 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. Family Support, Care & Protection complaints covered child protection; issues relating to children in care; family support services; and community care services.

Where appropriate, the Office continued to make early interventions to public bodies regarding steps that could be taken to improve and refine policy, practice and procedure to achieve the best outcome for the child involved, and more generally for all children in contact with that public body. In 2013, the OCO invested considerable resources to promoting and supporting early and speedy resolution for families, and only progressed to full investigation when satisfied that all options had been exhausted.

Notwithstanding the lack of clarity regarding its jurisdiction in the area of relating to asylum and immigration matters, in 2013 the OCO has dealt with complaints brought to its attention concerning children living in direct provision. The OCO has sought and obtained a resolution to complaints brought to the Office in the interests of the children in question, though the Department of Justice and Equality has not accepted that the OCO can address these as cases within the statutory complaints-handling framework of the Ombudsman for Children Act.

Emily Logan concluded: “In the ten years since my Office was established there have undoubtedly been some profound changes in Irish society. I have seen real progress in how children and families are treated by the State. I believe my Office contributed to this progress. However, many challenges remain. I hope the next ten years of the Ombudsman for Children’s Office will be just as significant and progressive for all children living in Ireland as the last ten.”

ENDS

A full copy of the report is available online

• Case studies of complaints are contained in pages 20-35 of the report:
• Complaints relating to St Patrick’s Institution – pp20-22
• Full investigations (covering aftercare provision; child protection; resource teaching and the ECCE scheme) pp22-29
• Case studies of cases resolved before investigation (Long-term illness scheme; disability services; application for Disability Allowance; local authority housing; and mental health) pp29-35.

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

Notes to Editor:

• In addition to her complaints and investigation role, the Ombudsman for Children has authority under Section 7 of the Ombudsman for Children to advise on the probable effect of legislation on children. In 2013 the Ombudsman for Children gave advice to Government Ministers on substantial pieces of legislation: Advice on the General Scheme of the Education (Admission to Schools) Bill 2013; Scheme of the Gender Recognition Bill 2013; and the Courts Bill 2013.
• The Ombudsman for Children has a statutory obligation to raise awareness of children’s rights among the public including with children directly. The OCO runs dedicated human rights education programmes aimed at schools and targeted post-graduate institutions. During 2013 almost 1,500 children and young people from schools in 17 counties visited the OCO. 150 students from eight third level institutions (NUI Galway, University College Cork, University College Dublin, Trinity College Dublin, Dublin City University, Athlone IT, St Patrick’s College and Marino Institute of Education) participated in the programme.

• 2 Meán Fomhair 2014
• Cineál: Preaseisiúint