Ombudsperson briefs the responsible parliamentary committee on the situation regarding the Orphan’s and Custody Court situation in Latvia

On June 9, meeting of Human Rights and Public Affairs Committee of the Parliament (Saeima) of Latvia was held. During this meeting, members of the Committee were presented with a report by the Ombudsperson Karina Palkova regarding the need to review the current institutional model of Orphan’s and Custody court (a municipal institution primarily responsible for protecting the rights and interests of children and incapacitated adults) in Latvia. The Office of the Ombudsman provided an overview of the current situation, the complaints it has received, the shortcomings identified, and recommendations on how to improve the existing system. The Committee expressed its determination to carry out parliamentary oversight of the elaboration and implementation of a new institutional model.

Ombudsperson Karina Palkova: “I would like to express my gratitude to the responsible Committee of the Saeima for their commitment to addressing this issue and their determination to provide parliamentary oversight. It comes as no surprise that certain institutions and organizations, particularly those that will be affected by potential changes, are expressing some caution regarding the proposal to review the current Orphan’s and Custody Court system. However, I urge that the discussions continue and that the obvious problems in this area are addressed, as they affect the lives of so many Latvian children and therefore must not be ignored.”

At the Committee meeting, the majority agreed that the current model of the guardianship court is outdated and does not effectively ensure the protection of children’s rights, as the Orphan’s and Custody Court  also performs functions that are not typically associated with protecting children’s rights, such as notarial functions, custody and representation of persons of legal age in criminal proceedings in criminal proceedings.

For context

On June 4, 2026, the Ombudsperson submitted to the government and the Saeima a report “On the need to review the current institutional model of the Orphan’s and Custody Court .” The report highlights long-standing problems in the work of the Orphan’s and Custody Courts , which is why the Ombudsperson is encouraging the government to develop a new institutional model by December 1 of this year and implement it by January 1, 2028.

The report found that the Orphan’s and Custody Court system in Latvia is structurally fragmented and inconsistent. In Latvia, there exists “one system, but 42 different practices,” as each municipality organizes the work of the guardianship courts differently, including in terms of funding, wages, resource allocation, and procedures.

Supervision of the Orphan’s and Custody Court is insufficient, as its work is monitored by several institutions, yet none of them take full responsibility for the quality of the system. The Orphan’s and Custody Court deals not only with children’s rights issues, but also with not associated work in the field of it, such as notarial, guardianship and other matters unrelated to children. A concerning and significant problem with the current system is that decisions on important human rights issues are often made by people without legal education.

The fact that Orphan’s and Custody Court is made up of several members does not guarantee quality. Therefore, the quality of child rights protection depends on where the child lives, as there are significant differences between municipalities.

The Ombudspersons report proposes two possible approaches for the reform. One model would involve dividing the functions of the guardianship court between the municipal social services and the court. The second model would involve the redistribution of functions between the Child Protection Centre, with branches in local governments, and the courts. At the same time, the Ombudsperson expresses its willingness to discuss other solutions as well, provided they can ensure a higher level of protection for the rights of children and families.