46
ANNUAL REPORT 2013
Overall, our assistance often consists of us placing the complaint in a legal
framework by formulating the child’s or young person’s wishes so they fit within
the framework of legislation. Doing that, we are able to convey their wishes or
complaints to the relevant authorities and we can keep an eye on whether the
child/young person actually receives a reply. The latter is usually done by asking
the authority for a copy of its reply to the child/young person.
We cannot promise confidentiality
Even though we endeavour to meet children and young people with understanding and sympathy, the Ombudsman’s Children’s Division cannot offer a
place of confidentiality. The reason for this is that the Ombudsman is legally
obligated to involve the authorities or private institutions to which the complaints pertain. If we speak with the children and young people, we bring this
to their attention, and this information is also to be found on the Internet site
of the Children’s Division.
Furthermore, children and young people are subject to parental custody, so if
we take a complaint from a child/young person further, for instance by contacting the authorities, the starting point is that we are legally obligated to inform
the custodial parent about the case. In regard to conflicts between parents
– typically cases about access and parental custody – we often see that the
children get caught in the middle of the parental conflict. In such cases, it can
be difficult to avoid a situation where the children get further involved in the
conflict as a result of their enquiry to the Children’s Division.
However, there are children and young people who make use of the possibility of contacting the Children’s Division anonymously, either by telephone or
on the chat function on the Internet site of the Children’s Division, to have an
informal talk about their situation and what is going to happen if they lodge a
complaint. But we cannot help them with their complaint until we know their
identity.
In our experience, the Children’s Division is best able to help children and
young people who make their own enquiries in cases pertaining to for instance
authorities or institutions and not enquiries in regard to their parents. Other
things being equal, public officials are better at handling criticism from a child/
young person or at dealing with independent views and wishes which do not
match their own.
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