Investigator Office of the Ombudsman for Children

Transcription

1 INFORMATION BOOKLET The, intends to hold a competition for the purpose of recommending a person for appointment to the position of CID: Investigator Office of the Ombudsman for Children The is committed to a policy of equal opportunity. The will run this campaign in compliance with the codes of practice prepared by the Commission for Public Service Appointments (CPSA). These are available on CONTACT: JULIE HOEY PUBLIC APPOINTMENTS SERVICE, CHAPTER HOUSE ABBEY STREET UPPER, DUBLIN 1 Telephone Number:

2 Investigator Office of the Ombudsman for Children Title: Location: Investigator Office of the Ombudsman for Children Dublin BACKGROUND The Office of the Ombudsman for Children was established in April 2004 through primary legislation, the Ombudsman for Children Act, 2002, as amended (the Act ). The Ombudsman has three main functions; independent complaints handling, promotion of children s rights and monitoring the human rights compliance of legislation affecting children. The Ombudsman for Children is an independent officer of the State and accounts directly to the Oireachtas for his/her statutory functions. A core function of the Ombudsman for Children s Office is the provision of an independent and impartial complaints handling service. Sections 8-13 of the Act set out the functions of the Ombudsman for Children in relation to the complaints and investigation function. Uniquely, the Office can accept complaints directly from a child, or any adult on their behalf, may submit a complaint to the Office. The Office can investigate complaints relating to the administrative actions of a public body, school or voluntary hospital (as set out in the Act), where it appears that a child has, or may have been, adversely affected by the administrative actions of the body complained against. Details of the work of the Office are available on the website The Ombudsman for Children s Office is located at Millennium House, Great Strand Street, Dublin 1. The Job The purpose of the job is to ensure that the Office of the Ombudsman for Children fulfils its role under Sections 8 and 9 of the Ombudsman for Children Act 2002 as amended. This refers to the investigation of complaints against public bodies, schools and voluntary hospitals. The Investigator will be expected to work closely with other members of the complaint and investigation team to ensure that a culture of child centeredness underpins the work of the Office. The investigator should not only have an aptitude for examining complaints, but also an understanding of the issues concerning the rights and welfare of children, the relevant legislative and administrative framework, the regulatory environment and the standards of administration required of public bodies in the area of children s rights and welfare. The Investigator will receive support in the form of training in complaint investigation, mentoring from experienced colleagues, and access to existing sectoral expertise within the Office, as well as guidance from the Director of Investigations and the Ombudsman for Children. 2

3 The Investigator will be expected to conduct impartial, independent and thorough examination of complaints about poor practice. They must be able to objectively analyse the matters raised by the child, or the adult representing the child, as well as the responses/actions of the public body, identify the salient issues and reach a fair conclusion including, where appropriate, seeking appropriate redress. The Investigator must have the ability to manage casework in an effective and efficient manner, and be capable of producing written reports to a high standard in a timely manner. The Investigator must be assertive in resisting pressure while at the same time maintaining amicable relations. The Investigator must be able to ask difficult questions, even of more senior personnel, and to constructively challenge others without causing offence. The Investigator must also have the ability to organise and schedule work in a timely and resource efficient manner, prioritise tasks, and anticipate obstacles to task completion. They also need to be selfmotivated, committed to producing case work to a high standard and critically review the quality of his/her own performance. The nature of the work in this Office is child-centred. A commitment to working on behalf of children and young people under the age of eighteen is essential. Many of the complaints are complex, involving the interaction between Public Bodies and children and their extended family situations. The person should be capable of appraising and analysing complex and sensitive issues. Being empathetic, fair and impartial with all parties to a complaint (i.e. child, complainant, Public Body/Bodies) is essential to work in the Ombudsman for Children s Office s complaint and investigation team Primary Duties of the Role: To work with both children and adults when reviewing and/or investigating complaints; To examine and investigate complaints presented to the Ombudsman for Children s Office within jurisdiction as outlined in the Ombudsman for Children Act 2002; Adhering to the procedures of the complaints and investigation team within the Ombudsman for Children s Office while at the same time being alert to and willing to highlight possible improvements and developments of those procedures. To keep up to date with and develop a good understanding of relevant legislation, policy and practice regarding children and young people; To provide support to caseworkers within the complaints and investigation team as well as to staff within the administrative team; To represent the office of the Ombudsman for Children at national public fora; To contribute to the ongoing development of the Ombudsman for Children s Office; To contribute to the submission of annual reports or any reports as requested by the Oireachtas; To work with relevant agencies to progress children s issues. Complaint examination. This involves: o Analysis of complaints with a view to identifying the key issues; o Engagement with complainants to ascertain a full understanding of the core issues and to ensure that expectations are properly managed; o Carrying out appropriate research into the complaint, which may include seeking advice; 3

4 o Reaching a fair outcome; o Meeting complainants and officials in public bodies; o Managing large caseloads in an efficient manner; o Conducting Investigations within an agreed timeframe; o Developing expertise in specific areas through examining related cases/systemic issues; o Sharing knowledge and experience with colleagues; o Promoting good administration in public bodies by making presentations on the role of the Ombudsman for Children s Office; o Understanding the role played by other organisations across the sector including those of regulators/relevant agencies; o Building positive relationships and working effectively with colleagues, customers and public bodies to establish and maintain their confidence and respect; o Staff Management; This job description is intended as a basic guide to the scope and responsibilities of the position and is subject to regular review and amendment as necessary. Eligibility: Essential Requirements: Candidates must possess, on or before the 16 th October, 2014: Relevant experience of and involvement in the evaluation or analysis of complex issues; A good understanding of relevant legislation, policy and practice regarding children and young people; An ability to write comprehensive investigation reports suitable for publication; An ability to develop and maintain productive relationships with both statutory and non-statutory agencies concerned with the rights and welfare of children; Experience of managing people, excellent organisation and people management skills and be a good all-round communicator; Familiarity with and experience of ICT and office software, e.g. word processing and spreadsheets; A high level of personal commitment, with an ability to create a culture of trust and openness where all members of the team will benefit; Desirable: Ideally the person appointed will have achieved a relevant qualification of at least level 7 on the National Framework of Qualifications in a relevant area. Candidates must: Have the knowledge and ability to discharge the duties of the post concerned Be suitable on the grounds of character Be suitable in all other relevant respects for appointment to the post concerned; and if successful, they will not be appointed to the post unless they: Agree to undertake the duties attached to the post and accept the conditions under which the duties are, or may be required to be, performed Are fully competent and available to undertake, and fully capable of undertaking, the duties attached to the position. Key Competencies for effective performance at Assistant Principal Officer The attention of candidates is drawn to the key competencies that have been developed for posts at this level, see Appendix I. 4

5 Eligibility to compete and certain restrictions on eligibility Candidates should note that eligibility to compete is open to citizens of the European Economic Area (EEA). The EEA consists of the Member States of the European Union along with Iceland, Liechtenstein and Norway. Incentivised Scheme for Early Retirement (ISER) It is a condition of the Incentivised Scheme for Early Retirement (ISER) as set out in Department of Finance Circular 12/09 that retirees, under that Scheme, are debarred from applying for another position in the same employment or the same sector. Therefore, such retirees may not apply for this position. Department of Health and Children Circular (7/2010) The Department of Health Circular 7/2010 dated 1 November 2010 introduced a Targeted Voluntary Early Retirement (VER) Scheme and Voluntary Redundancy Schemes (VRS). It is a condition of the VER scheme that persons availing of the scheme will not be eligible for re-employment in the public health sector or in the wider public service or in a body wholly or mainly funded from public moneys. The same prohibition on reemployment applies under the VRS, except that the prohibition is for a period of 7 years, after which time any re-employment will require the approval of the Minister for Public Expenditure and Reform. People who availed of either of these schemes are not eligible to compete in this competition. Collective Agreement: Redundancy Payments to Public Servants The Department of Public Expenditure and Reform letter dated 28 th June 2012 to Personnel Officers introduced, with effect from 1 st June 2012, a Collective Agreement which had been reached between the Department of Public Expenditure and Reform and the Public Services Committee of the ICTU in relation to ex-gratia Redundancy Payments to Public Servants. It is a condition of the Collective Agreement that persons availing of the agreement will not be eligible for re-employment in the public service by any public service body (as defined by the Financial Emergency Measures in the Public Interest Acts ) for a period of 2 years from termination of the employment. Thereafter the consent of the Minister for Public Expenditure and Reform will be required prior to re-employment. People who availed of this scheme and who may be successful in this competition will have to prove their eligibility (expiry of period of non-eligibility) and the Minister s consent will have to be secured prior to employment by any public service body. Declaration Applicants will be required to declare whether they have previously availed of a public service scheme of incentivised early retirement and/or the collective agreement outlined above. Applicants will also be required to declare any entitlements to a Public Service pension benefit (in payment or preserved) from any other Public Service employment and/or where they have received a payment-in-lieu in respect of service in any Public Service employment. 5

6 Principal Conditions of Service General: The appointment is to an established post in the Civil Service and is subject to the Civil Service Regulations Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004 and any other Act for the time being in force relating to the Civil Service. Pay: The salary scale for the post is as follows: Personal Pension Contribution (PPC) PayScale 65,000, 65,000, 66,040, 68,262, 70,479, 71,758(NMAX), 73,995 (LSI1), 76,224 (LSI2) The Personal Pension Contribution (PPC) rate applies to new entrants and will also apply where the appointee is an existing civil or public servant appointed on or after 6 th April 1995 and is required to make a personal pension contribution. A different rate will apply where the appointee is a civil or public servant recruited before 6 th April 1995 who is not required to make a Personal Pension Contribution. Long service increments may be payable after 3 (LSI1) and 6 (LSI2) years satisfactory service at the maximum of the scale. Important Note: Entry will be at the minimum of the scale and the rate of remuneration will not be subject to negotiation and may be adjusted from time to time in line with Government pay policy. Different terms and conditions may apply if immediately prior to appointment the appointee is a serving civil or public servant. Subject to satisfactory performance increments may be payable in line will current Government Policy. (See Haddington Road Agreement paragraph 2.19 for recent changes.) Tenure: The appointment is to an established position on a probationary contract in the Civil Service for a period of one year. Should the appointee be satisfactory as regards health, conduct and efficiency generally during the probationary period, the appointee will, on completion of the period, be appointed on a substantive basis. Should the appointee s service be unsatisfactory, the appointment may be extended or terminated at any time during the contract period. During the term of this contract, the successful candidate may be reassigned other and/or additional duties, as required, within the Office of the Ombudsman for the remainder of their contract. 6

7 Headquarters: The Office of the Ombudsman for Children is based in Dublin. When absent from home and headquarters on duty, appropriate travelling expenses and subsistence allowances will be paid, subject to the normal civil service regulations. Organisation of Working Time Act 1997: The terms of the Organisation of Working Time Act, 1997 will where appropriate apply to this appointment. Hours of attendance: Hours of attendance will be fixed from time to time but will amount to not less than 43 hours 15 minutes gross per week. The successful candidate will be required to work such additional hours from time to time as may be reasonable and necessary for the proper performance of his/her duties subject to the limits set down in the working time regulations. The rate of remuneration payable covers any extra attendance liability that may arise from time to time. Annual Leave: The annual leave allowance for the position of Assistant Principal is 30 days. This allowance is subject to the usual conditions regarding the granting of annual leave in the civil service, is based on a five day week and is exclusive of the usual public holidays. Sick Leave: Pay during properly certified sick absence, provided there is no evidence of permanent disability for service, will apply on a pro-rata basis, in accordance with the provisions of the sick leave circulars. Officers who will be paying Class A rate of PRSI will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts directly to the Office of the Ombudsman. Payment during illness will be subject to the officer making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits. Superannuation and Retirement: The successful candidate will be offered the appropriate superannuation terms and conditions as prevailing in the Civil Service, at the time of being offered an appointment. In general, and except for candidates who have worked in a pensionable (non-single scheme terms) public service job in the 26 weeks prior to appointment (see paragraph d below), this means being offered appointment based on membership of the Single Public Service Pension Scheme ( Single Scheme ). Key provisions attaching to membership of the Single Scheme are as follows: a. Pensionable Age The minimum age at which pension is payable is 66 (rising to 67 and 68) in line with State Pension age changes. b. Retirement Age: Scheme members must retire at the age of 70. c. Pension Abatement If the appointee was previously employed in the Civil Service and is in receipt of a pension from the Civil Service normal abatement rules will apply. However, if the appointee was previously employed in the Civil Service and awarded a pension under voluntary early retirement arrangements (other than the Incentivised Scheme of Early Retirement (ISER) or the Department of Health Circular 7/2010 VER/VRS which, as indicated above, renders a person ineligible for the competition) the entitlement to that pension will cease with effect from the date of reappointment. Special arrangements will, however be made for the reckoning of previous service given by the appointee for the purpose of any future superannuation award for which the appointee may be eligible. If the appointee was previously employed in the Civil Service or in the Public Service please note that the Public Service Pensions (Single Scheme and Other Provisions) 7

8 Act 2012 includes a provision which extends abatement of pension for all Civil and Public Servants who are re-employed where a Public Service pension is in payment. This provision to apply abatement across the wider public service came into effect on 1 November This may have pension implications for any person appointed to this position who is currently in receipt of a Civil or Public Service pension or has a preserved Civil or Public Service pension which will come into payment during his/her employment in this position. Department of Education and Skills Early Retirement Scheme for Teachers Circular 102/2007 The Department of Education and Skills introduced an Early Retirement Scheme for Teachers. It is a condition of the Early Retirement Scheme that with the exception of the situations set out in paragraphs 10.2 and 10.3 of the relevant circular documentation, and with those exceptions only, if a teacher accepts early retirement under Strands 1, 2 or 3 of this scheme and is subsequently employed in any capacity in any area of the public sector, payment of pension to that person under the scheme will immediately cease. Pension payments will, however, be resumed on the ceasing of such employment or on the persons 60 th birthday, whichever is the later, but on resumption, the pension will be based on the persons actual reckonable service as a teacher (i.e. the added years previously granted will not be taken into account in the calculation of the pension payment). Ill-Health-Retirement Please note that where an individual has retired from a Civil/Public Service body on the grounds of ill-health his/her pension from that employment may be subject to review in accordance with the rules of ill-health retirement within the pension scheme of that employment. d. Prior Public Servants While the default pension terms, as set out in the preceding paragraphs, consist of Single Scheme membership, this may not apply to certain appointees. Full details of the conditions governing whether or not a public servant is a Single Scheme member are given in the Public Service Pensions (Single Scheme and other Provisions) Act However the key exception case (in the context of this competition and generally) is that a successful candidate who has worked in a pensionable (non-single scheme terms) capacity in the public service within 26 weeks of taking up appointment, would in general not become a member of the Single Scheme. In this case such a candidate would instead be offered membership of the pension scheme for nonestablished civil servants ( Non-Established State Employee Scheme ). This would mean that the abatement provisions at (c) above would apply, and in addition there are implications in respect of pension accrual as outlined below: e. Pension Accrual A 40-year limit on total service that can be counted towards pension where a person has been a member of more than one existing public service pension scheme would apply. This 40-year limit, which is provided for in the Public Service Pensions (Single Scheme and other Provisions) Act 2012 came into effect on 28 July This may have implications for any appointee who has acquired pension rights in a previous public service employment. f. Pension-Related Deduction This appointment is subject to the pension-related deduction in accordance with the Financial Emergency Measure in the Public Interest Act For further information in relation to the Single Public Service Pension Scheme for Public Servants please see the following website: IMPORTANT NOTICE The above represents the principal conditions of service and is not intended to be the comprehensive list of all terms and conditions of employment which will be set out in the employment contract to be agreed with the successful candidate. 8

9 THE SELECTION PROCESS How to Apply Applications should be made online through All sections of the form must be fully completed. Before applying candidates should log-on to and if you have not already done so you must register as a New User to create your profile (register a new account). Please do not confuse registering (creating a profile) with submitting an application. Once you have created a profile you must then access the application form, complete and submit it Once you have submitted your application form it is suggested that you return to your publicjobs account and ensure that it has been successfully submitted via My Applications. Only fully submitted applications will be accepted into the campaign. Applications will not be accepted after the closing date. The admission of a person to this competition, or invitation to take tests or attend for interview is not to be taken as implying that the PAS is satisfied that such person fulfils the requirements. Closing Date Your online application must be submitted through not later than midnight on Thursday 16 th October, Applications will not be accepted after this date. If you do not receive an acknowledgement of receipt of your application within two working days of applying, please contact Selection Process The Selection Process may include the following: shortlisting; a preliminary interview, which may also include a presentation; completion of an online questionnaire; a competitive interview, which may also include a presentation; any other tests or exercises that may be deemed appropriate. Please Note You can expect to receive s from us at the relevant stages notifying you to check your secure publicjobs.ie message board for campaign updates. We endeavour to give as much notice as possible for interview dates etc., candidates should make themselves available on the date(s) specified by the. Shortlisting Normally the number of applications received for a position exceeds that required to fill existing and future vacancies to the position. While you may meet the eligibility requirements of the competition, if the numbers applying for the position are such that it would not be practical to interview everyone, the Public Appointments Service may decide that a number only will be called to interview. In this respect, the Public Appointments Service provide for the employment of a short listing process to select a group for interview who, based on an examination of the documents provided by you, appear to be the most suitable for the position. This is not to suggest that other candidates are necessarily unsuitable, or incapable of undertaking the job, rather that there are some candidates who are, prima facie, better qualified and/or have more relevant experience. 9

10 During any short listing exercise that may be employed, the are guided by an expert board who examine the application forms and assess them against pre-determined criteria based on the requirements of the position. It is therefore in your own interests to provide a detailed and accurate account of your qualifications/ experience on the application form. References We would appreciate it if you would start considering names of people who you feel would be suitable referees that we might consult (2-3 names and contact details). The referees do not have to include your current employer, but should be in a position to provide a reference for you. Please be assured that we will only collect the details and contact referees should you come under consideration after interview stage. General Information Security Clearance: The applicant will be required to complete and return a Garda Vetting form should they come under consideration for appointment. This form will be forwarded to An Garda Síochána for security checks on all Irish and Northern Irish addresses at which they resided. Other important information The will not be responsible for refunding any expenses incurred by candidates. The admission of a person to a competition, or invitation to attend interview, or a successful result letter, is not to be taken as implying that the is satisfied that such a person fulfils the requirements or is not disqualified by law from holding the position. Prior to recommending any candidate for appointment to this position the will make all such enquiries that are deemed necessary to determine the suitability of that candidate. Until all stages of the recruitment process have been fully completed a final determination cannot be made nor can it be deemed or inferred that such a determination has been made. Should the person recommended for appointment decline, or having accepted it, relinquish it, PAS may at its discretion, select and recommend another person for appointment on the results of this selection process. Confidentiality Subject to the provisions of the Freedom of Information Act, 1997 applications will be treated in strict confidence. All enquires, applications and all aspects of the proceedings are treated as strictly confidential and are not disclosed to anyone, outside those directly involved in that aspect of the process. Certain items of information, not specific to any individual, are extracted from computer records for general statistical purposes. Deeming of candidature to be withdrawn Candidates who do not attend for interview or other test when and where required by the Public Appointments Service, or who do not, when requested, furnish such evidence as the PAS require in regard to any matter relevant to their candidature, will have no further claim to consideration. Quality Customer Service We aim to provide an excellent quality service to all our customers. If, for whatever reason, you are unhappy with any aspect of the service you receive from us, we urge you to bring this to the attention of the unit or staff member concerned. This is important as it ensures that we are aware of the problem and can take the appropriate steps to resolve it. Feedback will be provided on written request. 10

11 Candidates' Rights - Review Procedures in relation to the Selection Process: The will consider requests for review in accordance with the provisions of the codes of practice published by the CPSA. The Codes of Practice are available on the website of the Commission for Public Service Appointments. Where a candidate is unhappy with an action or decision in relation to an application, s/he can seek a review under Section 7 of the code of practice. The candidate must address his/her concerns in relation to the process in writing, setting out the basis for the complaint being made, to the Chief Executive in the first instance. A complaint or request for review must be made within 10 working days of the notification of the initial decision or within 5 working days of the outcome of the informal review stage, if availed of. However, where the decision being conveyed relates to an interim stage of a selection process, a request for review must be received within 4 working days of the date of receipt of the decision or within 2 working days of receipt of a decision under the informal process; candidates electing to use the informal process at the interim stage must do so within 2 working days of communication of the decision to them. In communicating the outcome to the candidate, which will be done by means of written report, the initial reviewer should indicate that he/she may seek further review by referring the matter to the Decision Arbitrator and that a request to do so must be made with 7 working days of receipt of the outcome of the initial review. Where a candidate believes that an aspect of the process breached the CPSA s code of practice, s/he can have it investigated under Section 8 of the code. Candidates' Obligations: Candidates should note that canvassing will disqualify and will result in their exclusion from the process. Candidates must not: knowingly or recklessly provide false information canvass any person with or without inducements personate a candidate at any stage of the process interfere with or compromise the process in any way Any person who contravenes the above provisions or who assists another person in contravening the above provisions is guilty of an offence. A person who is found guilty of an offence is liable to a fine/or imprisonment. In addition, where a person found guilty of an offence was or is a candidate at a recruitment process, then: where he/she has not been appointed to a post, he/she will be disqualified as a candidate; and where he/she has been appointed subsequently to the recruitment process in question, he/she shall forfeit that appointment. 11

12 Data Protection Acts 1988 & 2003: When your application form is received, we create a record in your name, which contains much of the personal information you have supplied. This personal record is used solely in processing your candidature and should you be successful certain information you provide will be forwarded to the employing organisation. Such information held is subject to the rights and obligations set out in the Data Protection Acts, 1988 & To make a request under the Data Protection Acts 1988 & 2003, please submit your request in writing to: The Data Protection Co-ordinator,, Chapter House, Abbey Street Upper, Dublin 1, ensuring that you describe the records you seek in the greatest possible detail to enable us to identify the relevant record. A fee of 6.35 should accompany your request. Certain items of information, not specific to any individual, are extracted from records for general statistical purposes. 12

13 Appendix 1 (competencies required for the post which may questioned at interview) Leadership ASSISTANT PRINCIPAL Actively contributes to the development of the strategies and policies of the Department Brings a focus and drive to building and sustaining high levels of performance, addressing any performance issues as they arise Leads and maximises the contribution of the team as a whole Considers the effectiveness of outcomes in terms wider than own immediate area Clearly defines objectives/ goals & delegates effectively, encouraging ownership and responsibility for tasks Develops capability of others through feedback, coaching & creating opportunities for skills development Identifies and takes opportunities to exploit new and innovative service delivery channels Analysis & Decision Making Researches issues thoroughly, consulting appropriately to gather all information needed on an issue Understands complex issues quickly, accurately absorbing and evaluating data (including numerical data) Integrates diverse strands of information, identifying inter-relationships and linkages Makes clear, timely and well grounded decisions on important issues Considers the wider implications of decisions on a range of stakeholders Takes a firm position on issues s/he considers important Management & Delivery of Results Takes responsibility for challenging tasks and delivers on time and to a high standard Plans and prioritises work in terms of importance, timescales and other resource constraints, re-prioritising in light of changing circumstances Ensures quality and efficient customer service is central to the work of the division Looks critically at issues to see how things can be done better Is open to new ideas initiatives and creative solutions to problems Ensures controls and performance measures are in place to deliver efficient and high value services Effectively manages multiple projects Interpersonal & Communication Skills Presents information in a confident, logical and convincing manner, verbally and in writing Encourages open and constructive discussions around work issues Promotes teamwork within the section, but also works effectively on projects across Departments/ Sectors Maintains poise and control when working to influence others Instills a strong focus on Customer Service in his/her area Develops and maintains a network of contacts to facilitate problem solving or information sharing Engages effectively with a range of stakeholders, including members of the public, Public Service Colleagues and the political system Drive and Commitment Is self motivated and shows a desire to continuously perform at a high level Is personally honest and trustworthy and can be relied upon Ensures the citizen is at the heart of all services provided Through leading by example, fosters the highest standards of ethics and integrity Specialist Knowledge, Expertise and Self Development Has a clear understanding of the roles objectives and targets of self and the team and how they fit into the work of the unit and Department Has a breadth and depth of knowledge of Department and Governmental issues and is sensitive to wider political and organisational priorities Is considered an expert by stakeholders in own field/ area Is focused on self development, seeking feedback and opportunities for growth to help carry out the specific requirements of the role 13