2.50
Hdl Handle:
http://hdl.handle.net/10147/231891
Title:
A children’s rights analysis of investigations
Authors:
Kilkelly, Ursula
Affiliation:
University College Cork (UCC)
Publisher:
University College Cork (UCC), Office of the Ombudsman for Children
Issue Date:
Apr-2011
URI:
http://hdl.handle.net/10147/231891
Item Type:
Report
Language:
en
Description:
Section 8 of the Ombudsman for Children Act 2002 authorises the Ombudsman for Children to undertake an investigation into any action by or on behalf of a public body where, upon having carried out a preliminary examination of the matter, it appears to the Ombudsman for Children that the action has or may have adversely affected a child and the action was or may have been: i taken without proper authority, ii taken on irrelevant grounds, iii the result of negligence or carelessness, iv based on erroneous or incomplete information, v improperly discriminatory, vi based on an undesirable administrative practice, or vii otherwise contrary to fair or sound administration. A similar power exists under s 10 of the 2002 Act where the Office may undertake such an investigation on its own volition. The power to undertake investigations is both broadly framed and child-focused insofar as it allows the Office to examine any action taken by a public body which either has or may have adversely affected a child. However, although the Ombudsman for Children can examine administrative actions affecting children on a long list of grounds, neither section 8 nor section 10 makes express provision for the Office to investigate the extent to which such action (or inaction) meets or has met international children’s rights standards per se. In other words, the failure to act in compliance with international children’s rights obligations is not a ground on which the Ombudsman for Children can find fault with the actions of administrative bodies.1 However, the Ombudsman for Children has a more general duty to promote the rights and welfare of children and under ss 7(1) of the Ombudsman for Children Act. In particular, under ss 7(1)(a), the Ombudsman for Children shall advise any Minister of the Government on the development and co-ordination of policy relating to children and under ss 7(1)(b) shall ‘encourage public bodies, schools and voluntary hospitals to develop policies, practices and procedures designed to promote the rights and welfare of children’. Against this backdrop, this analysis of the investigations undertaken by the Ombudsman for Children aims to bring a greater children’s rights perspective, so common to other areas of OCO work, to the investigations area.
Keywords:
CHILD WELFARE; PUBLIC SERVICE
ISBN:
9781907074189

Full metadata record

DC FieldValue Language
dc.contributor.authorKilkelly, Ursulaen_GB
dc.date.accessioned2012-07-03T11:55:03Z-
dc.date.available2012-07-03T11:55:03Z-
dc.date.issued2011-04-
dc.identifier.isbn9781907074189-
dc.identifier.urihttp://hdl.handle.net/10147/231891-
dc.descriptionSection 8 of the Ombudsman for Children Act 2002 authorises the Ombudsman for Children to undertake an investigation into any action by or on behalf of a public body where, upon having carried out a preliminary examination of the matter, it appears to the Ombudsman for Children that the action has or may have adversely affected a child and the action was or may have been: i taken without proper authority, ii taken on irrelevant grounds, iii the result of negligence or carelessness, iv based on erroneous or incomplete information, v improperly discriminatory, vi based on an undesirable administrative practice, or vii otherwise contrary to fair or sound administration. A similar power exists under s 10 of the 2002 Act where the Office may undertake such an investigation on its own volition. The power to undertake investigations is both broadly framed and child-focused insofar as it allows the Office to examine any action taken by a public body which either has or may have adversely affected a child. However, although the Ombudsman for Children can examine administrative actions affecting children on a long list of grounds, neither section 8 nor section 10 makes express provision for the Office to investigate the extent to which such action (or inaction) meets or has met international children’s rights standards per se. In other words, the failure to act in compliance with international children’s rights obligations is not a ground on which the Ombudsman for Children can find fault with the actions of administrative bodies.1 However, the Ombudsman for Children has a more general duty to promote the rights and welfare of children and under ss 7(1) of the Ombudsman for Children Act. In particular, under ss 7(1)(a), the Ombudsman for Children shall advise any Minister of the Government on the development and co-ordination of policy relating to children and under ss 7(1)(b) shall ‘encourage public bodies, schools and voluntary hospitals to develop policies, practices and procedures designed to promote the rights and welfare of children’. Against this backdrop, this analysis of the investigations undertaken by the Ombudsman for Children aims to bring a greater children’s rights perspective, so common to other areas of OCO work, to the investigations area.en_GB
dc.language.isoenen
dc.publisherUniversity College Cork (UCC), Office of the Ombudsman for Childrenen_GB
dc.subjectCHILD WELFAREen_GB
dc.subjectPUBLIC SERVICEen_GB
dc.titleA children’s rights analysis of investigationsen_GB
dc.typeReporten
dc.contributor.departmentUniversity College Cork (UCC)en_GB
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