Siblings have the right to grow up together

The foster family was carrying for a group of five siblings for three years. They had very strong ties both to the foster parents and to their wider family. According to the Public Authority for Social and Legal Protection for Children (OSPOD), the foster parents were looking after the siblings well and there were no problems in their care so far. Unfortunately, the oldest of the siblings tragically died and the circumstances of his death were unclear at that time. Subsequently, the siblings were removed from the foster family on the basis of a provisional family measure. Children were separated and lost contact with the foster parents and with each other. The Ombudsman's inquiry showed that such a serious interference with the family life of children was not necessary.

As the circumstances of the tragedy were unclear and police was carrying out the criminal investigation the precaution taken by the public authorities was understandable. However, public authorities did not consider the option of asking the wider family of the foster parents for help although they were prepared to offer it. Children could have stayed together within the wider family until the situation calmed down and the criminal investigation was closed.

As a result, children lost contacts with the foster parents and with each other (the four siblings were separated into two couples who stayed together in two different foster families). According to the Ombudsman, public authorities failed to ensure the contacts of the children with the foster parents and with each other and did not sufficiently examine all possibilities of care for the children which would be less intrusive and would not violate their right to grow up together.