Report: Law should allow concerned people to seek intervention in child welfare cases

People with reasonable grounds for believing a child’s welfare is at risk should be able to go to court to seek state intervention, according to a report published by the Government.

The fifth report by thegovernment-appointed Special Rapporteur on Child Protection Geoffrey Shannon makes a series of recommendations aimed at bolstering child protection and also focuses on a shortage of suitable foster placements.

The report by Mr Shannon — one of the co-authors of the recent report into the deaths of children known to care services — was published by Children’s Minister Frances Fitzgerald.

One of its main recommendations is an amendment to the Child Care Act 1991 to permit people to go to the courts to seek an order in respect of a child where there were reasonable grounds for believing their welfare was at risk.

In cases where the HSE applies for an interim care order or a care order and then decides to return the child to a parent, the only outlet for concerned non- guardians is a judicial review or to complain to the Children’s Ombudsman.

Under Mr Shannon’s proposals, action could be demanded from concerned parties for a child who is not the subject of proceedings under the 1991 act but who has been brought to the attention of the HSE, and where there are reasonable grounds for believing that the child is not receiving adequate care.

Earlier this month, the Irish Examiner revealed some foster children were being placed with families with criminal records, and alcohol and drug problems.

Mr Shannon’s latest report calls for court supervision of its decisions involving the HSE and the children in its care, claiming there is an ongoing obligation on the court to ensure State care is an improvement on that available within the child’s family.

Previous rapporteur reports called for new vetting legislation (in 2007) — the heads of a bill were published just last year — and mandatory reporting of child welfare concerns.