Catherine Cosgrave is a solicitor and founding Director of the Law Centre for Children and Young People.
In 2012, the Irish public voted to give greater constitutional protection to the rights of children in Ireland. The Government is committed to introducing legislation to ensure that the best interests of children are the paramount consideration in certain areas of decision-making and that the voice of the child is heard in proceedings affecting them. This is important as currently children are often not consulted or advised independently regarding serious legal issues concerning them, and existing mechanisms for their representation in legal proceedings, whether administrative or before courts, are either entirely absent or discretionary.
It is timely therefore that in June this year, following the granting of charitable status, the Law Centre for Children and Young People (Ireland) was approved to operate as an Independent Law Centre by the Law Society of Ireland. It is a voluntary non-profit body which was established with the aim of helping children, young people, their parents and other professionals to work with and better understand the law relating to children and young people in the Republic of Ireland.
The Law Centre for Children and Young People offers a free and confidential information and referral telephone service offering basic legal information for children and young people on a wide range of matters, including child protection, ‘being looked after’ and care proceedings, family law, migration & citizenship, employment, medical treatment & access to services, educational issues, including school admissions, suspensions and expulsions, and youth justice. Children and young people can access the service directly. We can also assist their parents, other family members and professionals supporting children and young people who have queries regarding the rights of children and young people at home, at school, at work, accessing services or general legal queries. Subject to capacity, legal representation may also be provided in particular cases. The telephone service is currently available on Mondays and Tuesdays from 10am-12.30pm and 4pm-6pm, and on Thursdays from 10am-12.30pm.
Similar centres are well established in other countries, including close to home in Belfast and London. Such centres were established because of the identified need in those countries for child-specific and child-accessible advice. Although the specific model (whether an independent law centre or pro bono legal clinic) can vary, the important features – including employment of specialised lawyers, provision of a helpline providing accessible information and advice, the pursuit of strategic litigation and delivery of child-friendly justice training – are the same and the evidence is that the Centres have the important effect of improving mainstream provision, clarifying existing law and ensuring future laws are children’s rights compliant.
When children are denied their rights and deprived of effective remedies very direct consequences ensue. A child in care without an aftercare plan or a child unlawfully denied a residence permit may be refused a social benefit they would otherwise receive. Without access to social protection, they cannot access health and education services, may end up homeless and in poverty. These issues directly affect the individual concerned, undermining a child’s future development and also affect wider society.
Use of the law and access to justice can alleviate these problems. Timely advice and intervention may prevent a harm arising in the first place and where an injustice has occurred, it may provide a remedy. Where systemic problems are identified, reform proposals have credibility where informed by the experiences and voices of those directly affected, the relevant domestic legal framework and established international best practice.
The case for establishing a dedicated legal service for children in Ireland was made clear following an extensive research and planning process coordinated by PILA, which involved a number of leading children’s rights organisations, academics and legal practitioners. This revealed that despite some policy and legislative gains in recent years achieved by Ireland’s dynamic children sector, as well as the establishment of the Office of the Ombudsman for Children, children and young people, as well as those advocating on their behalf, are particularly disadvantaged in terms of access to general & specialist legal advice, representation and remedies. Through a range of activities, in particular the delivery of a dedicated legal service and training programme for professionals advocating on behalf of children and young people, the Law Centre aims to fill this gap.
For further information on the Law Centre, please contact Catherine Cosgrave, Director, on +353 1 8749108 or www.lawcentreforchildren.ie.
The Law Centre for Children and Young People is supported by The Atlantic Philanthropies, The One Foundation, The Ireland Funds and PILA.