The director knew that the teacher had sexual relations with a 15-year-old girl, but he did not file a report

In the case of four children, the Commissioner of Civil Rights was notified last year about the Rákospalota Correctional Institution and Central Special Children’s Home. The complaint contains disturbing allegations: one child was forced to have an abortion, two children did not receive medical care appropriate to their condition, and in the case of a child supervisor who had sexual relations with a child entrusted to his care, no investigative procedure was initiated to investigate the child’s situation.

In the case of the first two claims, the ombudsman did not reveal any omissions, nor did he establish any wrongdoing related to fundamental rights. However, all the more so in relation to the third part of the complaint.

The report on the case was posted on the ombudsman’s website last year, shortly after the pardon scandal involving the Bicske children’s home that broke out in February this year Peter Magyar he also drew attention to it in one of his posts. Three weeks after Péter Magyar’s post, one of the educators of the children’s home was arrested, who, according to the information of the Metropolitan Prosecutor’s Office on Tuesday, last spring – taking advantage of his position of power – committed a sexual act with a minor entrusted to his supervision in a Budapest children’s home (he also did the same with another teenager, but the minor did not was the resident of the home).

The educator was on probation

Last year’s ombudsman’s report reveals that the child rights representative visited the institution on March 20, 2023, and then learned from the director that one of the supervisors had allegedly had sexual relations with a 15-year-old student.

The girl told one of her tutors what had happened. The report shows that the child care worker was on probation and denied that anything had happened. The girl did not report any violence or coercion and said that she voluntarily entered into sexual relations with the child supervisor, the report reads.

Ákos Kozma however, in his ombudsman’s report, he drew attention, referring to one of the professional materials written by the General Directorate of Social and Child Protection, that

it is not an acceptable defense that the child also wanted or enjoyed the activity,

since he does not know, he can know what he is being involved in, and the fact that he does not protest or gives him pleasure does not reduce the adult’s responsibility and guilt. Crimes against sexual morality committed against children hinder the harmonious development of the child’s personality, his growing up in a happy, loving atmosphere, and his upbringing in the spirit of human dignity, freedom, equality, and solidarity. In the majority of cases, sexual abuse also affects the victim’s adulthood and can make it difficult or prevent him from becoming a healthy adult personality.”

The ombudsman found that if an employee of a children’s home has a sexual relationship with a child entrusted to their care, regardless of their age or, where appropriate, the child’s consent, it causes a violation related to the protection of the child concerned, as well as a violation of the child’s human dignity.

The director did not file a report

The ombudsman also investigated the measures taken against the supervisor who had sexual relations with the 15-year-old girl. According to him, it was not enough that the educator’s employment was terminated, because the report cannot be ignored in such a case.

Because only in the case of criminal liability is established, there is a possibility that in the future he will not be employed in a professional position in the child protection system

wrote the ombudsman. According to the complaint, “the management decided not to file a report in the case, because the investigation after the report would reflect poorly on the institution, so they agreed with the child supervisor to terminate his employment by mutual agreement.”

Telex contacted the Rákospalota Correctional Institution and Central Special Children’s Home. András Sim In the director’s reply, he wrote: the child’s guardian was informed by phone about what had happened, but “in view of all the circumstances, in consultation with the minor concerned”, the institution did not file a report. According to them, what happened cannot be accepted, which is why the child supervisor was dismissed with immediate effect. The child was provided full pedagogical and psychological support with the involvement of a psychologist.

The ombudsman found that while the director of the orphanage did not file a criminal complaint against the child supervisor, the child protection guardian did so only months after the incident, and this omission in itself is suitable for the protection and care of children raised in child protection care in the future. cause malpractice related to his rights, and it is also incompatible with the principle of a procedure representing the best interests of the child.

Ákos Kozma sent the report to the director of the National Child Protection Service, who he asked to send the report through the heads of the regional services draw the attention of child protection guardians to the fact that if they become aware that a person employed in a professional position in the child protection system has established sexual relations with a child under guardianship, they should immediately file a criminal complaint.

Ákos Kozma made one more suggestion, namely directly to the director of the Rákospalota Correctional Institution and Central Special Children’s Home. It recommends that if you are informed that a professional worker has had a sexual relationship with a child entrusted to his care, you should take steps to file a criminal complaint at the same time as terminating the professional worker’s employment with immediate effect.