The Ombudsman for Children said yesterday she hoped the success of a north Dublin mother in securing suitable housing for her and her disabled son would encourage people to use her office when they felt children's rights were not being upheld.
Emily Logan was speaking after her decision that Fingal County Council's handling of a housing application from the mother of a disabled boy had "adversely affected the child".
In response the council has moved to find the family suitable accommodation "at the earliest opportunity".
In the case the mother, known as Ms Y, applied to Fingal County Council in 2000 for a housing transfer as soon as her then seven-year-old son was diagnosed with "an advanced form of a progressive and disabling disease". She knew, says the report, that the family would need a specially adapted home.
"In 2000 she was given overall medical priority and was offered a new dwelling. However, Ms Y asserts that at the time she was concerned that the dwelling was not being adapted to meet her son's specific needs."
The medical advice supported her concerns and she felt she had no choice but to refuse the offer of this dwelling. It subsequently emerged the dwelling had in fact been adapted for another disabled person's needs.
Between December 2000, when the first offer was refused, and August 2005, when the case came to Ms Logan's office, the case was referred twice to the chief medical officer and at least nine medical representations were made to the council, including from GPs, a neurologist, occupational therapists and an orthopaedic surgeon, during which Ms Y's son's health deteriorated.
The Ombudsman found, however, that the case was not reviewed at any point by the council in those four years. Nor did anyone inform Ms Y she could have her son's case reviewed. Nor was she told she had lost her "priority medical" status as she had refused the offer of a house. This was not in line with the Housing Act 1998.
"There appears to be a lack of transparency and due process," said the Ombudsman. "The office finds that Ms Y's file should have been reviewed in parallel with her son's changing circumstances."
Ms Logan concluded that "both the actions and lack of action of the local authority had adversely affected the child, and were contrary to fair and sound administration".
A statement from Fingal County Council described Ms Logan's investigation as "fair and accurate and of great assistance" A spokeswoman said there was frequent staff turnover and the case seemed to have "fallen through the cracks".
The Ombudsman for Children can be reached on 1890 654 654 or at oco@oco.ie
