DATA RE-USE: THE PERSPECTIVE OF THE OCO

Dr Ursula KilkellyDepartment of LawUniversity College Cork

OMBUDSMAN FOR CHILDREN

Established under the OCO Act 2002 Emily Logan, appointed in 2004, re-

appointed in 2010 Three areas of OCO activity:

Independent complaints handling Communication & Participation Research & Policy

FUNCTIONS OF THE OMBUDSMAN

Duty to promote the rights and welfare of children by :

Advising the Minister on policy; Encouraging public bodies etc to develop policies,

practices and procedures; Collecting and disseminating information; Promoting awareness among members of the public

including children of matters relating to the rights and welfare of children and how those rights can be enforced,

Highlighting issues relating to the rights and welfare of children that are of concern to children,

Monitoring and reviewing the operation of legislation.

VOICES OF YOUNG PEOPLE, RESEARCH

Duty to have regard to the best interests of the child concerned and the child’s wishes.

Must establish structures to consult with children and young people.

Must promote, publish or undertake research.

In practice - OCO views both research and the views and perspectives of CYP as central to OCO authority.

BARRIERS TO CHILDREN’S RIGHTS

THE BIG BALLOT

YOUNG PEOPLE’S VOICES

SEPARATED CHILDREN, YOUNG PEOPLE IN ST PATRICK’S

COMPLAINTS FUNCTION

OCO can investigate a complaint where it appears that the action has or may have adversely affected a child, was or may have been:

(i) taken without proper authority,(ii) taken on irrelevant grounds,(iii) the result of negligence or carelessness,(iv) based on erroneous or incomplete information,(v) improperly discriminatory,(vi) based on an undesirable administrative practice, or(vii) otherwise contrary to fair or sound administration

COMPLAINTS

PROFILE OF COMPLAINTS 2009

PROFILE OF COMPLAINANTS

PUBLISHED INVESTIGATIONS

A statement based on an investigation by the Ombudsman for Children into the provision of supports and therapeutic services for a child with special needs in foster care - August 2011

A statement based on an investigation of complaints that the Health Service Executive did not provide appropriate care for a young person. - April 2011

A report based on an investigation into the implementation of Children First: National Guidelines for the Protection and Welfare of Children- April 2010

A statement based on a complaint regarding the provision of school transport for 23 children - December 2008

A statement based on an investigation of a complaint that a local authority failed to provide appropriate housing in the case of a child with a disability - January 2007

CHILDREN’S RIGHTS AUDIT OF INVESTIGATIONS

Undertook a children’s rights analysis of ten investigation statements

Set the complaint and OCO conclusions against international children’s rights standards

Brought children’s rights home to the places that matter to children and families

Shone a new light on the impact of poor administrative practices (s 8).

IN SUMMARY

OCO website is a valuable resource on children’s lives in Ireland

Research agenda brings children’s voices into the public domain

Huge potential for re-use of these different types and forms of data

OCO researcher’s register. Join!