Rights of a child not respected by decision makers

FACELESS administrators making vital decisions about children’s lives should have to explain why they are “saying no” and think about the impact their decision will have on the child.

Dr Ursula Kilkelly, who investigated 10 cases where children’s rights were breached on behalf of the Ombudsman for Children, said a protocol must be developed so those making decisions will have to give justifications as to why they did so.

Speaking to the Irish Examiner, Dr Kilkelly, a senior lecturer at University College Cork (UCC), said there was a disconnect between the bureaucratic system and the realities of a child’s needs and rights.

“We have these really difficult situations where children needed protection, services and supports, but were told no by disconnected administrators who were not considering the impact their decision would have on children’s lives.”

Dr Kilkelly said while the their report looked at very complex care cases — such as a young boy who died — it was important to focus on issues that are affecting people every day, such as red tape and a lack of access to vital supports.

“There is a real sense of frustration for families who, in addition to coping with children with special needs, have to navigate their way through a system where they cannot get access to the most basic things.”

Details of the cases are contained in a report produced by the ombudsman for children.

According to the report, there appear to be few checks and balances in administrative decision-making processes, and few mechanisms for challenging the decision being made or the position adopted.

Dr Kilkelly said: “Repeated requests for information, for flexibility or for review appeared to fall on deaf ears. This is indicative of excessive bureaucratisation of public decision-making and suggests a disconnect between administrative decision-makers and those affected by those decisions.”

Looking at the cases concerning children in care, Dr Kilkelly said there was a real sense that children’s voices are genuinely not being heard.

“In particular, young people seem to have no one to talk to. There has be to a better way to communicate with young people.

“It is desperately difficult but we must find a bridge to bring children back into the system. There is no doubt these are very difficult cases, but it struck me that there was just a need to take a decision and this kind of delay was prevalent throughout the cases and there was not enough awareness of the damage that could be done,” said Dr Kilkelly.

Case studies:

A children’s rights analysis of investigations. Some of the cases include:

- Appropriate care for a young person who died in HSE care.

- Failure to provide appropriate housing in the case of a child with a disability.

- The delay in a suitable placement being made available to a young person by the HSE.

- Eligibility for Concessionary School Transport for a Child with Special Needs.

- HSE provision for a mother and her baby, both in care of the state.