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File photo of Ombudsman for Children Emily Logan. Photocall Ireland

Children's Ombudsman criticises application of 'in camera' rule on child cases

Emily Logan also said her office met with “resistance” when investigating children in care.

THE CHILDREN’S OMBUDSMAN has said that her office spent three years investigating one case involving a child in state care because of “resistance” in the system and the lack of access to information.

Emily Logan was speaking to RTÉ’s This Week in response to the publication of an independent report on the deaths of children in state care between 2000 and 2010. The report found that of 196 deaths of children known to State child protection services, 112 were attributed to “non natural causes”.

Speaking of her office’s investigation into one of the cases covered by the report, Logan said that she “couldn’t progress the investigation because of resistance” in the child care system.

She said that the in camera rule was given as one of the reasons to challenge her inquiry. The application of the rule “remains problematic” she said, adding that for as long as this is permitted, the childcare system “will remain as invisible” as it is now.

In 2007, Logan recommended the then-Minister for Health Mary Harney introduce a mechanism to review child deaths in the state. “What was interesting at that time, it was made very clear to me that my intervention was not that welcome,” she said. “The reason given at that time was that there was quite a reluctance and apprehension about introducing a mechanism that might be perceived to be apportioning blame to front line staff.”

Logan said it is important for child care cases to be switched from an adversarial setting like the courts, to an inquiry system “which functions around the child and family”.

An adversarial view is very expensive and “not meeting the needs of children”, and they do not consider the views of the children.

She also said that teachers play a crucial role in child safety “in terms of the early warning system”, saying that they recognise if the child is well cared for or being neglected. Education should be integrated into child health issues, she suggested.

The Ombudsman also said that her office had found that people at operational level in the HSE had been instructed by their union shop stewards not to fill out certain administrative forms. People at all levels of such an organisation must improve their communications at both operational and managerial levels, she added.

Following the report on deaths of children in state care, Tánaiste Eamon Gilmore said that the government is committed to holding a stand-alone children’s referendum this autumn. Minister for Children Frances Fitzgerald said today that the wording of the referendum is being finalised.

Deaths of many children in care ‘may have been preventable’, report finds >

Standalone’ referendum on children’s rights to be held this autumn – Gilmore >

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    Mute Fergal O' Reilly
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    Dec 10th 2020, 1:14 AM

    That a 500 year leasehold was signed with a private developer in 1997, says a lot about the sad state of public planning in the city.

    274
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    Mute Niamh Hand
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    Dec 10th 2020, 12:21 AM

    That’s a good news story to go to bed with. Good on Lord iveagh

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    Mute steve white
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    Dec 10th 2020, 12:38 AM

    @Niamh Hand: where was he the last 20 years?

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    Mute Fergal O' Reilly
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    Dec 10th 2020, 1:11 AM

    @steve white: 20 years ago a still recent lease agreement was in effect, so he was as powerless to intervene as the rest of us.

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    Mute FlopFlipU
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    Dec 10th 2020, 5:09 AM

    @steve white: dope

    61
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    Mute Chris O'Sullivan
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    Dec 10th 2020, 9:47 AM

    @steve white: drinking pints I’d assume

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    Mute the-baldie-lad
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    Dec 10th 2020, 12:25 AM

    Hands up if you agree that Alan Kelly is an eejit

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    Mute Mary Nugent
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    Dec 10th 2020, 1:25 AM

    @the-baldie-lad: utd fan out in the open was it Leo on the luas

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    Mute Shane McGrath
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    Dec 10th 2020, 12:22 AM

    Excellent news.

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    Mute DJ François
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    Dec 10th 2020, 10:36 AM

    Be nice to have something along the lines of the English market in Cork

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    Mute muirhill121
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    Dec 10th 2020, 7:49 AM

    Hopefully, he won’t grant another lease to DCC so they can balls it up again!

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    Mute Shay Flynn
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    Dec 10th 2020, 11:00 AM

    My dad had a butchers shop there for years.

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    Mute Colm Molloy
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    Dec 10th 2020, 11:38 AM

    A market like the ones in Barcelona would be the job there..

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    Mute D Cullen
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    Dec 10th 2020, 8:36 AM

    Should be sequestered by the state along with all lands and properties that were divided amongst the lords of the English elite!

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    Mute Nick Caffrey
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    Dec 10th 2020, 9:15 AM

    @D Cullen: That’d be great if the state were capable of managing the lands and properties. Read the article and you will understand that the State is not up to the job.

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    Mute El Sparko
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    Dec 10th 2020, 9:20 AM

    @D Cullen: so the state can then sell it on the ruthless developers and give themselves pay raises??
    No thank, at least Lord Iveagh will do something that benefits the people of Dublin, like he has done many times in the past.

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    Mute Paul
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    Dec 10th 2020, 9:46 AM

    @D Cullen: except the Guinness’s are Anglo-Irish not English, just like many of Ireland’s rebel leaders of the past, Pearse / Wolfe Tone etc. The first Lord Iveagh was born is Dublin and is known for providing housing for the poor etc.

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    Mute The world outside the M50
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    Dec 10th 2020, 11:06 AM

    His Christian/First name is very odd, don’t you think – ‘Lord’ ??

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