Hanafin to publish Ombudsman for Children legislation today

Legislation to create the position of Ombudsman for Children will be published by the Minister of State with special responsibility…

Legislation to create the position of Ombudsman for Children will be published by the Minister of State with special responsibility for Children, Ms Mary Hanafin, today.

The Ombudsman for Children will have the power to investigate instances in which public bodies (including health boards), schools and hospitals act in ways which adversely affect the interests of a child.

A failure by schools to implement anti-bullying policies, poor communication by a hospital with a child's family or a failure by a health board to investigate concerns about the welfare of a child are among the issues which the Ombudsman could investigate.

Where the Ombudsman for Children finds in favour of a child he or she will have the power to publish a report and to demand a statement of what the offending body intends to do to rectify the situation.

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It is understood that Ms Hanafin intends to introduce the Bill in the first instance in the Senate in the hope that completion of that stage would increase the chances of the Bill getting through the Dáil before it is dissolved.

As the office of Ombudsman for Children was originally proposed by Fine Gael's Austin Currie TD, the Bill may be seen as uncontentious and this is likely to boost its chances of being passed in the lifetime of the Government.

The Bill proposes that the Ombudsman for Children be appointed by the President for six years. The person could be reappointed for one further term.

In addition to investigating complaints, the Ombudsman for Children will actively promote good practices in public bodies, schools and hospitals, both public and voluntary, in relation to the welfare of children.

Most interest, however, is likely to centre on the office-holder's power to investigate complaints made by or on behalf of children.

Parents and others who have a legitimate interest in a child, as well as children themselves, will be able to make complaints to the Ombudsman for Children. Where the complaint is made by somebody other than a parent, the parent must be told. There will be provisions in the Bill to rule out investigation of vexatious or frivolous complaints.

The Ombudsman will not get involved in situations where legal proceedings are under way and will not investigate complaints about examination results.

In general, however, the remit of the Ombudsman for Children will be quite wide.