Szigetszentmiklós: no real help has been provided - The Ombudsman on the child protection service

No real help to eliminate exposure has been provided - the specialists concerned have failed to realize in time that the child abuse victims of Szigetszentmiklós should be taken away from their family. Other than notifying each other, there has been no substantial cooperation between the actors of the child protection notification system. In his investigation report the Commissioner for Fundamental Rights emphasizes the responsibility of the press, too.

The Ombudsman learned from the news that the children of a family in the town of Szigetszentmiklós had been abused by their parents for years. Criminal proceedings were launched against the parents, and the children live with foster parents since January 2012. The Commissioner for Fundamental Rights conducted an ex officio inquiry into the activities of the authorities and organs concerned. In his report László Székely points out that although the authorities and organs created and obliged to protect children (health care providers, teachers, child welfare and child protection services) ordered the children to be put under protection as early as in May 2005, their exposure to parental negligence could not be eliminated through social work.

The documents at the Commissioner's disposal clearly show that the teachers, physicians and nurses dealing with the children on a daily basis have never seen any indication of sexual abuse and never been notified thereof. In general, 70‑90 per cent of child abuse cases remain undisclosed.

The specialists concerned have failed to realize in time that the child abuse victims of Szigetszentmiklós should be taken away from their family. Other than notifying each other, there has been no substantial cooperation between the actors of the child protection notification system; the extraction procedure has been delayed, partly due to the financial difficulties of the child protection service. All in all, it has infringed upon the child's right to protection and care, the principle of putting the child's interest before and above all, and the requirements of legal certainty and fair procedure.

The report prepared by László Székely states that the Child Protection Act, taking heed of an earlier recommendation by the ombudsman, contains provisions as regards the consequences of the failure to act on the part of the actors of the notification system. The investigation conducted by the Social and Guardianship Office uncovered the infringements of the law and the director of the office took the measures necessary to eliminate them; however, personal accountability could not be established since the desk officer and the family care providers did not work anymore in the institution under investigation.

This case also demonstrates that the child's right to protection by the state and society and the principle of proceeding in the child's best interest may not be fully implemented due to the failures of the basic child welfare service and the system of child protection, deriving from their personal and material inadequacies and from insufficient education and training. Therefore, it may be established that the state has failed to fulfil its obligation to protect fundamental rights  pointed out the Ombudsman in his report, asking the Minister of Human Resources for a solution to the problem.

In the case of the child abuse in Szigetszentmiklós it has also been learned that the children were interviewed by a judge in a closed hearing, in the presence of an appointed ad hoc conservator, in February 2013. Later on the conservator representing the children did not receive any information on the proceedings, he learned from the press that an indictment had been submitted. Since the press coverage cited police sources, the Social and Guardianship Office requested a briefing as to whether an internal investigation had been launched because of the leaking of the contents of the closed hearing and why the press had been informed of the indictment before the conservator. Under the provisions of the ombudsman act, the Ombudsman may not inquire into the contradictions between the police's answer, the press reports and the ad hoc conservator's report – he has sent his report, as reference, to Prosecutor General and the Commissioner of the National Police Headquarters.

László Székely, as Commissioner in charge of children's rights, has pointed out the responsibility of the press, as well. There were press reports that contained the initials, the given names, the year of birth of the children, and pictures of their house and school. These reports could be used to identify the children - the Commissioner concurred with the director of the guardianship office that it could make much more difficult or even impossible for the children to process the trauma that they had suffered. The Commissioner for Fundamental Rights has requested the President of the Hungarian National Authority for Data Protection and Freedom of Information to launch an investigation into how the press had handled the data of the children concerned.

The Hungarian text of the report/petition may be found at http://www.ajbh.hu .