HSE court challenge bizarre, says O'Reilly

OMBUDSMAN AND Information Commissioner Emily O’Reilly has described an attempted court challenge from the Health Service Executive (HSE) to findings she made in an investigation involving child protection proceedings as “bizarre”.

Ms O’Reilly said she had prepared a report for the Dáil and Seanad in November 2008 but “at the very last minute, felt compelled to withhold it under threat of High Court action by the HSE”.

The proceedings were struck out, she said, with costs of up to €150,000 “to be paid ultimately by the exchequer” awarded to her office and other parties. She accused the HSE of “effectively preventing” her from “communicating with the Oireachtas”, something which “has to be seen as quite extraordinary”.

Ms O'Reilly described the investigation as "relatively routine". She said it arose from a dispute regarding fees between the HSE and two agencies providing guardian ad litemservices in child protection proceedings. Such guardians are appointed by the courts but paid by the HSE. The experience was "frustrating, wasteful, dispiriting and ultimately useless", she said.

She said: “While the HSE has not formally accepted the findings and recommendations of that investigation report, it has in the meantime accepted them in practice and the ombudsman regards that matter as closed.”

A spokeswoman for the HSE insisted the organisation had “genuine and valid” reasons for taking the court action. Throughout the investigation by the ombudsman’s office, the HSE had “sought to engage openly, transparently and in a constructive manner”, the spokeswoman said.

She said the HSE recognised fully the essential role guardians ad litemplayed in representing children in the courts and that they should be paid a fair and reasonable fee.

“The HSE all times sought to ensure that it was operating within the boundaries of law and as such could not legally accept the findings and recommendations of the Office of the Ombudsman’s early report for a variety of reasons,” she said.