Challenge to children's ballot fails

A father of six has been refused leave by the High Court to challenge the Ombudsman for Children's "Big Ballot Project" carried out among 200,000 schoolchildren to increase awareness of children's rights. The ballot involved children in more than 1,000 schools nationally and concluded this week.

Roger Eldridge, of Knockvicar, Boyle, Co Roscommon, claimed the ombudsman, Emily Logan, exceeded her powers under the Ombudsman's Act 2002 in asking schools to carry out the ballot project. He contended the project undermined the rights of parents, was an impermissible attack on the authority of the family and was "likely to lead to an undermining of social order and to harm the educational welfare of the children involved".

However, Mr Justice Iarfhlaith O'Neill ruled yesterday that Mr Eldridge did not have the required legal standing to challenge the ombudsman's actions and had also failed to establish an arguable case on any of the grounds of opposition advanced.

The judge said the project sought to highlight and raise awareness among children of their rights, including to their own security and the measures provided by society for their protection. While remarking it was "curious" there was "so little mention" in the project material of the family and the constitutional and legal protections afforded to the family, the judge said Mr Eldridge had failed to make out a case that the project breached the constitutional rights of the family and parents.

Parents were entitled under the Education Act 1998 to have their children exempted from taking part in the ballot, the judge noted. He was ruling on an application by Mr Eldridge to bring a judicial review challenge to the carrying out of the Big Ballot Project.