PROPOSALS SEEK TO STRENGTEN CHILDREN’S RIGHTS

Full text available at http://www.irishtimes.com/newspaper/frontpage/2012/0725/1224320764736.html

Report of Special Rapporteur on Child Protection

Any person should be able to apply to court to seek to have a child at risk placed in the care system under proposals being examined by the Government.

At present only the Health Service Executive (HSE) may take court proceedings to have a child placed in the care system.

The recommendation is one of many included in a report by the Special Rapporteur on Child Protection, Dr. Geoffrey Shannon.

The report says any person should be able to seek an order in respect of a child who is not subject to care proceedings. However, there are some limitations in order to avoid nuisance applications and also to prevent interference with the Constitutional rights enjoyed by the family in Article 41.

These applications will only be allowed in ‘exceptional circumstances.’ An applicant would be required to show ‘reasonable grounds’ to believe that the child had not been receiving adequate care and protection. It would also only be accepted in cases in which a child had previously been brought to the attention of social services.

The proposals follow on from the findings of  the Independent Child Death Review Group that social services had “abdicated their duty” by failing to protect the welfare of many vulnerable young people who were known to the HSE.

The report expresses concern that some young people are spending years in institutional care or in multiple placements because of the lack of “suitable” foster families. It recommends that a shortage of foster placements be addressed without delay. Other proposals include:

The report also proposes that all non-EU national parents of Irish citizen children are given permission to remain in Ireland, on foot of  the landmark European court judgment last year. It also proposes inserting a reference in the referendum on children’s rights in the constitution to allow the right of children to be heard in all judicial and administrative proceedings which relate to them.

Minister for children Ms. Frances Fitzgerald alluded to the fact that the key message in this report is that we must continue to implement our ongoing reform agenda for children and families. The proposals in this report will ensure that the welfare of children always come first and that if any member of the public has concerns about the welfare of a child these can be brought to the attention of the authorities who can then look into the matter and decide if their assistance is required.

Publication of the ‘National Standards for the Protection and Welfare of Children’

This report comes at the same time as  the publication of the ‘National Standards for the Protection and Welfare of Children’ by (Health information and Quaility Authority) HIQA..  These standards will ensure that frontline services will be subject to independent inspection for the first time to ensure they are providing adequate care and protection to vulnerable children. This follows a series of damning reports which have highlighted serious failures in child protection and welfare services.

Barnardos have welcomed the publication of these standards as are of the opinion that they will enhance the welfare and protection of children in Ireland.

Taoiseach Enda Kenny also announced yesterday that he expects legislation in connection with the Children’s Rights Referendum to be published shortly. He made reference to the ‘devastating’ reports into children’s services in the past and it was commented that for too long the needs of vulnerable children were not adequately protected. The proposed legislation will be put together through consultation between Minister Frances Fitzgerald and all interested groups who work on behalf of children. This will ensure that those who are experts in the area have an imput into deciding on how this legislation should be framed and this can only result in a positive outcome.

At Brophy’s we feel that these developments ensure that the care and welfare of children is no longer something which is  hidden behind closed doors and Irish society is finally taking the matter seriously. While the Constitution is respectful of the family and in Article 41 ‘ the  state recognises the family as the natural primary and fundamental unit group of Society…. and the basis of social order…,’’ it will no longer remain uninvolved where there is a risk to the welfare and care of the child. It is certainly time that this was the case and what may have been acceptable practice in the past will no longer be allowed. It is time that there is a more transparent approach to many areas of Irish Society and that vulnerable people are no longer required to suffer in silence and instead are given the help and support that they require and deserve.

Brophy Solicitors

26.07.12