Caring for our Children: Lessons learnt – informing future policy and practice Children’s Research Network for Ireland and Northern Ireland 3rd Annual Conference 10 th December

Ombudsman for Children’s Office - 10 Years of Progress Dr Niall Muldoon – Director of Investigations at Ombudsman for Children’s Office ‘Caring for our children: Lessons Learnt – informing future practice and policy’ 10 December 2014 Children’s Research Network

Ombudsman for Children’s Office Ombudsman for Children Act, 2002 Presidential appointment Independent statutory office Directly accountable to the Oireachtas

OCO Functions Independent Complaints Handling Provide an independent service regarding actions by public bodies affecting children up to the age of eighteen Children’s Rights Education & Participation Actively promote children’s rights including the provisions of the UNCRC Policy & Legislation To monitor law and policy, and provide advice to any Minister of Government on any matter relating to the rights and welfare of children

Policy and Legislation Advice on primary legislation affecting children for example –Children First Bill 2012 –Criminal Justice Withholding Information on Offences against Children and Vulnerable Persons Bill 2012 –Education Admissions Bill (2014)

Hearing and Highlighting Children’s Views and Concerns

Hearing and highlighting the views of children Separated Children Seeking Asylum (2009) Young people detained in St. Patrick’s Institution (2010) Young people experiencing homelessness(2011) Dealing with bullying in schools: a consultation with children and young people (2013)

Promoting Awareness of Children’s Rights: Rights Education Programme Workshops Twice-weekly educational workshops at OCO on children’s rights and responsibilities Materials Educational resource materials for use in the context of curriculum teaching and learning

Independent Complaints Handling Complaints made by or on behalf of children Public bodies, schools and voluntary hospitals Independent & Impartial Respect for local procedures Intervention - adverse affect on child - maladministration

Cumulative complaints ,000

Dominant Themes Over Ten Years Excessive bureaucracy (use of circulars etc.) Failure to ensure children’s voices are heard and their views appropriately considered Policy implementation appears to dominate over rights and best interests principle for children Lack of awareness of impact of decision-making on children - Absence of child impact analyses or mechanism to review policy Lack of awareness of children’s rights as recognised by international instruments

OCO Cases Dept. of Education and Skills Case of Young boy (2013) –Non-EU citizen, unaccompanied in Ireland –Foster Family, Social Worker and Educational Worker - 26 schools were approached and ALL said “No”. –Boy spent 2 years receiving 9 hours a week of Home Tuition vs 28 hours minimum for others in school –Dept. of Educ. & Skills said he could have appealed each of 26 and each school is autonomous & therefore not our responsibility –Recommend DES develop a specific policy for children in care in conjunction with Tusla –Education Admissions Bill – Dept. believes the Designation of a school by EWB (and NCSE) will cover this issue

OCO research- Education of Children in Care in Ireland: An Exploratory Study Children in care can face significant challenges to pursuing their education, including attitudinal barriers placement breakdowns inadequate care planning and review and shortfalls and delays in assessment

Provision of supports to a Relative Foster Carer Complaint brought by aunt/foster parent (2012) No Section10 support since 2008 HSE contended child was in an private care arrangement and therefore not eligible for support. Investigation found that both financial and other supports were withheld inappropriately Tusla agreed to re-instate and back date payments and to review all such arrangements in that area OCO Cases HSE/Tusla

OCO Cases HSE/Tusla META – ANALYSIS RE: CHILDREN IN CARE (2013) 1,000 complaints in 10 years -10 representative case studies –Assessment and Care Planning –Record Keeping –Provision of Residential Care –Child Protection for Children in Care –Social Work Practice and Supervision –Inter-professional and Multi Agency Collaboration –Governance arrangements Procedure & Outcome Minister, Oireachtas and CEO & Board of Tusla Improved Record Keeping Training; Supervision Training; New Governance structure; Nat. Director for Residential Care

Progress Made Closure of St. Patrick’s Institution for u18’s and move to Oberstown Single Campus Childrens Referendum – Best Interest & Voice of the Child Increased awareness of OCO as a Free, Independent & Credible alternative to Court

THANK YOU FOR YOUR ATTENTION ANY QUESTIONS? Ombudsman for Children’s Office Millennium House Great Strand St Dublin Freephone

Caring for our Children: Lessons learnt – informing future policy and practice Children’s Research Network for Ireland and Northern Ireland 3rd Annual Conference 10 th December