Children Act 2001

F157 [ Closure of children detention school or part thereof

163

163. (1) Where the Minister is of opinion that a children detention school or part thereof is no longer suitable for the detention of children, or is no longer required for that purpose, he or she may, by order (in this section referred to as a closure order )

(a) specify the children detention school or part thereof to which the order relates,

(b) direct that the children detention school or part thereof specified under paragraph (a) shall cease to be a children detention school or part thereof as the case may be, from the date specified under paragraph (c) , and

(c) specify the date on which the children detention school or part thereof shall cease to be a children detention school or part thereof, as the case may be.

(2) In forming an opinion for the purposes of subsection (1) , the Minister shall have regard to

(a) the number of children detained in the children detention school or part thereof and the maximum number of children that can be accommodated in that children detention school or part thereof,

(b) where a remand centre is situated in the children detention school, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,

(c) the sex and age of children detained in the children detention school or part thereof and any remand centre situated in that school,

(d) the number and classes of staff, including teaching staff, working in the children detention school and any remand centre situated in that school,

(e) the educational and training facilities available in the children detention school,

(f) any reports or other information submitted to the Minister by the board of management of the children detention school,

(g) any reports submitted to the Minister in respect of the children detention school by an authorised person pursuant to section 186 ,

(h) any reports submitted to the Minister in respect of the children detention school by an Inspector pursuant to section 186A ,

(i) the best interests of the children who are detained in the children detention school or remanded to a remand centre situated in that children detention school,

(j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,

(k) any operational and administrative efficiencies that could be achieved by closing the children detention school concerned or part thereof, and

(l) whether, having regard to any of the matters referred to in paragraphs (a) to (k) , it is in the public interest that the children detention school or part thereof be closed.

(3) Where a board of management of a children detention school informs the Minister that the school is temporarily unsuitable for the detention of children, the Minister may make an order (in this section referred to as a temporary closure order ) declaring that the school shall cease to be such a school from a specified date and for a period specified in the order.

(4) Where the Minister makes a closure order or a temporary closure order, he or she may by the same order direct all or any of the following:

(a) that any child on whom a period of detention had been imposed in the relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall serve the period of detention in such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;

(b) that any child who, immediately before the date of closure, was on an approved absence from a relevant children detention school, shall be on an approved absence from such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;

(c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall be remanded to such other remand centre as may be specified in the closure order or temporary closure order, as the case may be, for that purpose.

(5) If a closure order or temporary closure order contains a direction under paragraph (a) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure

(a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the relevant children detention school shall be construed as a reference to the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and

(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a) , in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (a) of subsection (4) .

(6) If a closure order or temporary closure order contains a direction under paragraph (b) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure

(a) a child referred to in that paragraph shall be regarded as being on an approved absence from the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and

(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph.

(7) If a closure order or temporary closure order contains a direction under paragraph (c) of subsection (4) and another remand centre is specified for that purpose, then, on and after the date of closure

(a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the remand centre situated in the relevant children detention school shall be construed as a reference to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and

(b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a) , to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (c) of subsection (4) .

(8) Where

(a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or

(b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,

any children detained in the children detention school may, before the date of closure, be transferred to another children detention school or placed out under supervision in the community in accordance with the provisions of this Part relating to such transfer or supervision in the community.

(9) Where

(a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or

(b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,

and a remand centre is situated in the children detention school or part thereof, as the case may be, pursuant to section 88 , any child remanded to the remand centre may, before the date of closure, be transferred to another remand centre in accordance with section 88A .

(10) The Minister shall cause a copy of any closure order or temporary closure order made under this section to be sent to the Director and board of management of the relevant children detention school, the Director and board of management of any other children detention school specified in the order, the Director or board of management of any remand centre concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.

(11) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.

(12) In this section

date of closure means the date specified in a closure order under subsection (1)(c) or the date specified in a temporary closure order under subsection (3) , as the case may be;

relevant children detention school means a children detention school to which a closure order or temporary closure order, as the case may be, relates or, where relevant, a part of a children detention school to which a closure order relates. ]

Annotations:

Amendments:

F157

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 13, S.I. No. 539 of 2015.

Editorial Notes:

E28

Power pursuant to section exercised (31.03.2010) by Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010 (S.I. No. 46 of 2010).