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| 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 |
| 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 |
| Appears in Collections: | Office of the Ombudsman for Children
|
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