The Ombudsman on Restricting Parents' Rights

AJB 7714/2012

The Ombudsman on Restricting Parents' Rights

It infringes upon the principle of legal security if the child welfare service acting on a reported child abuse requests the action of another authority having similar legal competence in the matter simultaneously with its own proceedings. Investigating a complaint, Ombudsman Máté Szabó established that it runs contrary to the requirements of a fair procedure when the authorities impose restrictions, with no legal authorization, on the decisions of a  parent exercising his/her supervision right.

A single mother of a four year old lost her job in the summer of 2012. While looking for a job she requested the temporary placement of her daughter in a child welfare center because the public nursery was closed for the summer and she could not provide care for the little girl. The social workers discovered some scratch marks on the child. According to the little girl there had been some occurrences of her mother prodding her hand. Acting upon its legal obligation deriving from the Child Protection Act, the child welfare center notified the child welfare service of the suspected child abuse.

At that time the notary had already initiated proceedings to put the child under protection in order to facilitate her growing up in her own family. Under the act on restraining applicable in case of child abuse, he child welfare service initiated proceedings with the guardianship office, as well.

The legal competences of the guardianship office acting on the suspected child abuse and those of the authority carrying out the proceedings to put the child under protection do not differ from each other. In this regard, the proceedings of the guardianship office initiated in parallel with the proceedings to put the child under protection were unwarranted; however, it led to uncertainty as to the effectiveness of the requirement of legal security.

The mother could visit her daughter in her temporary home, she could take her for the day but, in view of the suspected child abuse, she was not allowed to keep her child overnight during weekends. The temporary care for and protection of a child do not effect parental supervision rights in any way. Imposing restrictions on decisions falling under parental supervision rights (such as the decision on where the child should stay overnight) without explicit legal authorization also infringes upon the principle of legal security and the right to a fair procedure. Therefore, the Commissioner appealed to the Minister of Human Resources.

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