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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 Paddy O Donnell
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    Jun 24th 2012, 2:11 PM

    unions dont and shouldnt run the hse, plenty of people willing and able to work, cant or wont do your job, out you go.

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    Mute Old Nokia Charger
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    Jun 24th 2012, 2:47 PM

    Would you like to take this opportunity to thank the trade union movement for the fact that you have today (and every Sunday) off work and can sit on your behind posting inane comments on the Internet?

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    Mute Sean Armstrong
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    Jun 24th 2012, 2:48 PM

    Paddy, unions DO run the HSE, that’s the problem

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    Mute Susie Chester
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    Jun 24th 2012, 3:41 PM

    OLd Nokia
    Ridiculous comment .
    Plenty of frontline workers work on sundays as do lots of shop workers and transport workers and service workers ……

    45
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    Mute Susie Chester
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    Jun 24th 2012, 3:44 PM

    ….ps
    also meant to say that the ones who need protection are the kids in care not the carers IF THEY ARE DOING their jobs right.

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    Mute Old Nokia Charger
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    Jun 24th 2012, 4:38 PM

    @ Susie

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    Mute Fester Mc
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    Jun 24th 2012, 5:23 PM

    “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.”

    There is nothing defensible in this statement, nothing

    26
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    Mute Susie Chester
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    Jun 24th 2012, 5:46 PM

    I really would like to know who and why my comment about protecting children was red thumbed by a few ! IT seems that by definition ”carers ” are the people charged with care of these vulnerable children and if that person can not competently care for a child then they should find another job. I know some people who are child carers in the HSE and are very competent and sensible and practicle, but are met with red tape all the way particularly if they encounter problems and the attittude of some of these managers is to give in when at the end of the day these kids need to know they can …trust ….
    Kids Crave boundaries , firm but fair . Yet there are some who believe that kids need ”discipline” and or the ”newest toy or gadget”…… They might have the papers to show they know the theory BUT in practise they can not cut the mustard.
    Having said all of the above I am not a qualified child care giver , except that I am a mother who works with my kids day in day out to be their support .
    It is tragic that peopl;e can not come together to protect and rear kids who are already ”at risk” safely and honestly.

    8
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    Mute Paddy O Donnell
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    Jun 24th 2012, 7:30 PM

    @old nokia charger, you should have asked! i was working last night and this morning right through til next weekend. thats life, happy to be employed.

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    Mute Michelle McDaid
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    Jun 24th 2012, 10:50 PM

    Emily Logan has been really superb in this role. She seems to, not only have great ability, but great determination to work for the betterment of children. Quite the hero.

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    Mute John Mooney
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    Jun 24th 2012, 6:58 PM

    The in-camera allows the HSE, so called child experts and useless inexperienced judges to produce dangerous reports and decisions that are not in the best interest of the child.

    Evidence is not listened to and if it was reported without the in camera rule, allowing for names to be changed but with the reports and rulings produced, judges and social workers named and we will see the dangerous decisions and reports that are produced.

    Until the in camera rule is removed children will continued to be abused by the State, Socail Workers, HSE and Judges.

    12
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    Mute Silent Bob
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    Jun 24th 2012, 7:11 PM

    Precisely John. The in-camera rule simply perpetuates the problems and difficulties. We also need our legislators to examine the role of alcohol in society and the very evident connection between usage, diminished capability/responsibility and abuse.

    6
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    Mute Elizabeth Moore
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    Jul 9th 2012, 8:16 AM

    I agree with you and know first hand what HSE does in secret.

    In fact a child can be raped in care and no one needs to know about it- as is a case right now.

    No Gardai involvement, but rather an application to the judge to give the child the pill- so the rapes can continue- with no pregnancy to expose the truth.

    Oh yes in HSE, they can use ECT on children to burn out memories of abuse, to cover for the pedophiles.

    I only know from experience.

    The in camera rule is like the old Inquisition courts.

    Judges in Ireland just rubber stamp the HSE applications- everyone knows it.

    Judge Brophy apologised to me but said HE HAD TO OBEY THE SS/HSE social worker- who was not a trained social worker at all.

    In HSE, you can work in any role – you can pull off basically.

    I know one man worked as social worker, family therapist,psychologist, psychiatrist- but he was not trained or registered in any of these professions.

    It was explained to me that HSE employees are not vetted in the same way as other companies.

    The In Camera rule is the modern version of the Roman Church – keeping rape and abuse of children hidden, condoning it, allowing it.

    We, the tax payers are in fact paying for this cover up.

    The family courts are run by the Church still- oh yes…….they are the hidden hand still.

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    Mute Celtic Lady
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    Jun 24th 2012, 3:44 PM

    Define frontline worker for the HSE please

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    Mute Ferg Breen
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    Jun 24th 2012, 5:33 PM

    Frontline workers = nurses, doctors, carers, caterers etc. nPeople who work in an office 9-5 mon-fri with hse are generally not seen as frontline staff. There is a certain irony that social workers who are meant to be frontline, only work 9-5. (I have a great respect for SW’s, just interesting to note)

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    Mute Celtic Lady
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    Jun 24th 2012, 7:26 PM

    @ferg Breen. That’s correct. The HSE constantly harp about their frontline staff but many of these fine workers are not there when needed in an emergency. Social workers are not available outside office hours ( not their fault ). This means many vulnerable children are left in overnight cells in Garda stations or A and Es until they come back on their next working day. Same applies to public health nurses , area medical officers , counsellors and other important healthworkers whose services are needed out of hours. Emergency foster care cannot be put in place without a social worker so kids in trouble at weekends or at night are left to drift.

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    Mute Silent Bob
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    Jun 24th 2012, 9:38 PM

    “A society is judged on how it treats it’s most vulnerable” and we deserve to be judged by how Irish society has treated and continues to treat it’s children. More people like Ms Logan are what we need to make a difference.

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    Mute Elizabeth Moore
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    Jul 9th 2012, 8:28 AM

    HSE is an enterprise with laws onto itself.

    How did this come to be?

    It is run by Common Purpose- and its motto is leadership OUTSIDE AUTHORITY- In other words it does as it pleases.

    Many HSE staff are psychopaths and these psychopaths tend to have top jobs.

    The rape and abuse of children goes on in secret as it always did.

    The herd thinking mentality means they all cover for each others crimes against service users.

    Their training leads them to think they are gods, replacing the old men in dresses.

    Same PREDATORS- just different clothes.

    Predator psychopaths manipulate and can convince people who are unaware that black is white.

    I have seen the lies HSE agents write.

    HSE also continues to breach Art 6 of Human Rights- re not allowing service users to have copies of the reports written about them- thus depriving them the opportunity to rebut HSE claims.

    I have the case law required to get copies and I got mine by using it.

    My friend a solicitor counted 37 breaches of human rights on going through my files.

    Most solicitors will not go against the HSE either- lest they get blackballed…….so all is crystal clear as to why Emily is finding it tough. Plus she is a woman and in family law – judges etc are trained “All women/mothers are Feeble minded”

    Amazing what is kept secret.

    Time for light of truth to shine in all the dark corners of HSE and its agents, court corporations etc- where the judge is simply the Banker

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    Mute Frank2521
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    Jun 24th 2012, 11:30 PM

    Anybody in the child are services should loose their jobs as all are culpable right now for the loss of lives. The parents are also responsible and should be charged.

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    Mute Michelle Kenny
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    Oct 22nd 2012, 11:08 AM

    HSE are criminal child abusers, god damned them to hell and all who support them

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