Court ruling a boost for rights of parents

THE Supreme Court decision which found that the information commissioner was wrong to refuse a father access to his daughter’s hospital medical records will be welcomed by all who support parents in matters affecting the welfare of their children.

Denying a guardian vital information regarding his/her children undermines their constitutional status as guardians of their children.

Unfortunately, the information commissioner’s office is not the only State body which is guilty in this regard. We are aware of many instances where the gardaí, courts service, HSE, schools, etc, do not seem to understand the primacy of parents in all matters affecting the wellbeing of their children.

There is obviously a need for an information campaign within all State bodies to ensure that staff understand the significance of this decision.

One of the worrying aspects of this case is that the information commissioner’s decision to refuse the father access to the information arose from an objection by the other joint guardian.

In effect, the commissioner assumed the power to decide that one guardian’s desires took precedence over the other’s constitutional rights, effectively deeming one guardian to be superior to the other. This was overturned by the High Court.

Parents who are denied information about their children by any State body should refer to this important decision and if they need assistance, they should contact our helpline, 046 9023718.

Mary T Cleary

Amen

St Anne’s Resource Centre

Navan

Co Meath