Reporting obligations
The
guardian is bound by reporting obligations as regulated by national law and the
authority responsible for guardianship services.
Where a guardian observes
that state officials, service providers or other guardians do not comply with
legal, ethical and quality standards, they are held to speak out this situation
and to try and redress the misconduct, including by reporting it, in accordance
with national law and regulations.
Where a child is a victim
of violence, exploitation or neglect, or at risk, the guardian has to comply
with the applicable obligations to report the act of violence or any risks to
the competent authorities. Reporting is essential to activate the referral mechanism
for a child victim, a child at risk or a child in need of support for other
reasons.
The details of reporting
and referral mechanisms differ from country to country and often depend on the
mandate of the guardian and the type of risk or violence observed. In some
countries, reporting obligations are balanced against rules of official secrecy
or professional confidentiality. The guardian should consult the guardianship
authority and seek legal advice to understand precisely how to act in a situation
of risk or concern.
See
also:
Level 5: Mandate and tasks of the
guardian
Level 6: Promoting the rights and the
best interests of the child
Reference:
EU training and learning platform for guardians of unaccompanied children
Chapter 4: Quality standards andaccountability of guardianship services
Literature: FRA (European Agency for Fundamental
Rights) (2014), Guardianship for children deprived of parental care, A handbook to reinforce guardianship systems to
cater for the specific needs of child victims of trafficking, Luxembourg, Publications
Office of the European Union (Publications Office), pp. 45-46, 71-72.