Local Housing Authority, Local Health Authority and the Re-unification of Families:

1. Local Housing Authority, Local Health Authority and the Re-unification of Families: Dr. Niall MuldoonOmbudsman for Children’s OfficeDublin, Ireland

2. Background • Child (17yrs) spent a number of years in care • Breakdown in his placement • Health Authority made decision to return him to Mother’s Care (still legal guardian) • Court agreed and signed a Supervision Order to that affect • Mother lived, with his younger sister, in a cold damp two bedroom flat belonging to the Council

3. OCO to made the following encouragements What Happened Next? • We encourage the Council to re-consider the ‘application to reside’ process in light of the comments made above; • In circumstances such as the one highlighted in this case, when the Health Authority and the Court make a decision that it is in the child’s best interest to return to his/her family’s care, we encourage Dublin City Council to explore all available options for the family unit to reside together and if necessary temporary measures should be considered to facilitate this; • When the family unit of a tenant may involve a child who is linked in with a HSE Social Work Department, we encourage the Council to be proactive in seeking information from any agency which may be tasked with that child’s care, in particular, the child’s social work team; • When the Council are made aware of a Court order, or the terms of a court order, we encourage the Council to actively take administrative steps which will ensure that the terms of that order are allowed to be fulfilled. • Mother made request to Council for permission for her son to reside with her • This was refused – due to overcrowding • Complaint to Ombudsman for Children • We explored following issues: • Refusal of child permission to reside with parent • Lack of liaison between Housing & Health Authorities • Lack of information sharing & central record keeping within Housing Authority (various elements were aware of issues at different times) • Lack of consideration by Housing Authority of Court Order

4. Outcome OCO to made the following encouragements to the Council • we encourage the Council to re-consider the ‘application to reside’ process in light of the comments made above; • in circumstances such as the one highlighted in this case, when the HSE and the Court make a decision that it is in the child’s best interest to return to his/her family’s care, we encourage Dublin City Council to explore all available options for the family unit to reside together and if necessary temporary measures should be considered to facilitate this; • When the family unit of a tenant may involve a child who is linked in with a HSE Social Work Department, we encourage the Council to be proactive in seeking information from any agency which may be tasked with that child’s care, in particular, the child’s social work team; • When the Council are made aware of a Court order, or the terms of a court order, we encourage the Council to actively take administrative steps which will ensure that the terms of that order are allowed to be fulfilled.

5. As a result of our intervention • Local Authority gave a commitment that what happened in this case was not standard policy or practice • Local Authority confirmed that it will commit to fulfil the terms of Court directions when notified • It also committed that a child who wishes to reside with his family should not have to apply to reside and therefore should not be refused to reside on overcrowding or any other grounds. • The Office is satisfied that it is not the Local Authority’s policy to put impediments in the way of children’s right to family life.