Complaints and Investigations

In line with international standards, the power to investigate complaints is considered one of the ‘major’ powers of the Ombudsman for Children, and it is one of the cornerstones of its legislative mandate. As a key function in the protection of children’s rights, the Ombudsman considers approximately 1500 complaints annually from children or their representatives regarding their treatment by public bodies on issues concerning education, healthcare, child protection and housing. While many individual complaints have been resolved to the satisfaction of the parties, the nature and range of complaints made and the responses of public bodies can raise systemic concerns that warrant proactive approaches by the Ombudsman for Children, connected with the institution’s duty to promote, as well as to protect, the rights of children. Thematic reviews and special reports, among other initiatives, have helped to address the fact that the Ombudsman’s recommendations are not legally binding although it is clear that the absence of a legal power—such as to intervene as an amicus friend in litigation—would strengthen the role of the institution in this regard.