Children Act 2001

Functions of conference.

8

8.—(1) A family welfare conference shall—

(a) decide if a child in respect of whom the conference is being convened is in need of special care or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

(b) if it decides that the child is in such need, recommend to the F22 [ F23 [ Child and Family Agency ] ] that it should apply for an order under that Part, and

(c) if it does not so decide, make such recommendations to the F22 [ F23 [ Child and Family Agency ] ] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the F22 [ F23 [ Child and Family Agency ] ] should apply for a care order or a supervision order under the Act of 1991 in respect of the child.

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person’s agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the F24 [ F23 [ Child and Family Agency ] ] for determination.

Annotations:

Amendments:

F22

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 3, S.I. No. 887 of 2004.

F23

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F24

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 3, S.I. No. 887 of 2004.

F25

Substituted by Child Care (Amendment) Act 2011 (19/2011), s. 29(a), (b), (c) and (d), not commenced as of date of revision.

F26

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 29(e), not commenced as of date of revision.

Modifications (not altering text):

C11

Prospective affecting provision: subs. (1) amended by Child Care (Amendment) Act 2011 (19/2011), s. 29, not commenced as of date of revision.

8.—(1) F25 [ A family welfare conference ]

( a) F25 [ referred to in section 7(1)(b) , shall consider whether ] a child in respect of whom the conference is being convened F25 [ requires ] special care F25 [ under Part IVA (as amended by the Child Care (Amendment) Act 2011) ] of the Act of 1991,

( b) F25 [ referred to in section 7(1)(b) , shall, if it is considered that the child requires special care ], recommend to the F22 [ F23 [ Child and Family Agency ] ] that it should apply for F25 [ a special care order, ]

( c) F25 [ referred to in section 7(1)(a) shall, ], make such recommendations to the F22 [ F23 [ Child and Family Agency ] ] concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the F22 [ F23 [ Child and Family Agency ] ] should apply for F25 [ a care order, a supervision order, a special care order or other care ] under the Act of 1991 F25 [ in respect of the child, and ]

F26 [ ( d ) referred to in section 7(1)(b) shall, if it is considered that the child does not require special care, make such recommendations to the F23 [ Child and Family Agency ] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991. ]

C12

Application of section extended (4.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004), regs. 25(2)(n) and 26(9), the latter as amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(2) and sch. part 2 item 3(b), S.I. No. 509 of 2007 .

CASE RECORD

25. ...

(2) A case record of a child kept by a health board in accordance with this regulation shall include, in so far as is reasonably practicable the following information and documents— ...

(n) a copy of any recommendations made by a family welfare conference, in accordance with section 8 of the Act of 2001, made in respect of the child,

...

CARE PLAN

26. ...

(9) A plan prepared under this regulation shall, in so far as is reasonably practicable, be consistent with any recommendations made by a family welfare conference in accordance with section 8 of the Act of 2001 and shall have due regard to any views given by the [Children Acts Advisory Board ] in accordance with section 227(1)(e) of the Act of 2001.

...

Editorial Notes:

E16

Subs. (1)(d) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 2 item 1, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. Para. (d) is part of subs. (1) substituted by Child Care (Amendment) Act 2011, s. 29(a)-(d), not commenced as of date of revision, and is therefore a prospective affecting provision, see C-note above.