The Ombudsman for Children

Intoduction

The Ombudsman for Children in Ireland is a statutory office established under the Ombudsman for Children Act 2002. The main functions of the Office are:

• To promote the rights and welfare of children and
• To investigate complaints made by children or on behalf of children against public bodies, schools and hospitals.

Many countries have an Ombudsman for Children. A number of these independent offices for children have been established since the adoption of the Convention on the Rights of the Child (pdf).

In 2010, the Office of the Ombudsman handled 1,223 complaints over the course of the year.

Who does the Ombudsman for Children represent?

Under the Act, a child is someone under the age of 18 (however young people under 18 who are members of the Defence Forces are not represented by the Ombudsman).

Which bodies can the Ombudsman for Children investigate?

The bodies which may be investigated are as follows:

• Primary and post-primary schools (including Gaelscoileanna) and the five children’s detention schools registered with the Department of Education and Skills
• Public and voluntary hospitals
• Local authorities
• Health Service Executive (HSE)
• Government Departments
• Public organisations involved in the delivery of services to children and young people.

Which bodies cannot be investigated?

Under the Ombudsman for Children Act areas such as the courts, the Gardaí, the asylum process, the Adoption Authority and labour relations agencies are not subject to the Ombudsman's investigation.

How can the Ombudsman for Children promote the rights and welfare of children?

The Ombudsman for Children can, in promoting the rights and welfare of children, provide advice to the Government, encourage the development of policies, practices and procedures to promote children's rights and welfare, highlight issues that are of concern to children and monitor and review the operation of legislation insofar as it refers to children.