Ombudsman for Children Act 2002


Number 22 of 2002


OMBUDSMAN FOR CHILDREN ACT 2002

REVISED

Updated to 16 May 2017


This Revised Act is an administrative consolidation of the Ombudsman for Children Act 2002. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, and all statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 2002


OMBUDSMAN FOR CHILDREN ACT 2002

REVISED

Updated to 16 May 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Freedom of Information Act 2014 (30/2014)

Child and Family Agency Act 2013 (40/2013)

Ombudsman (Amendment) Act 2012 (38/2012)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Adoption Act 2010 (21/2010)

Consumer Protection Act 2007 (19/2007)

Registration of Deeds and Title Act 2006 (12/2006)

Health Act 2004 (42/2004)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003)

Pensions Act 1990 (25/1990)

All Acts up to and including Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Ombudsman for Children Act 2002 (Section 11(2)(a)) Order 2012 (S.I. No. 210 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011)

Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Ombudsman for Children Act 2002 (Commencement) Order 2004 (S.I. No. 925 of 2004)

Ombudsman for Children (Section 4) (Commencement) Order 2003 (S.I. No. 712 of 2003)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, were considered in the preparation of this revision.


Number 22 of 2002


OMBUDSMAN FOR CHILDREN ACT 2002

REVISED ACT

Updated to 16 May 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Expenses.

PART 2

Ombudsman for Children

Chapter 1

Appointment, terms and conditions of office

4.

Appointment and term of office.

5.

Salary, allowances for expenses and superannuation.

Chapter 2

Performance of functions

6.

Performance of functions.

Chapter 3

Rights and welfare of children

7.

Function to promote rights and welfare of children.

Chapter 4

Complaints against public bodies, schools and voluntary hospitals

8.

Function to examine and investigate complaints against public bodies.

9.

Function to examine and investigate complaints against schools and voluntary hospitals.

10.

Preliminary examination and investigation of complaints.

11.

Exclusions.

12.

Amendment of section 5 of Act of 1980.

Chapter 5

Examination and investigation of complaints

13.

Reports, etc.

14.

Powers in respect of preliminary examinations and investigations.

15.

Conduct of investigations.

16.

Secrecy of information.

Chapter 6

Miscellaneous

17.

Accounts and audits.

18.

Attendance before Public Accounts Committee.

19.

Attendance before other Committees of Houses of Oireachtas.

20.

Amendment of Freedom of Information Act, 1997.

21.

Staff.

SCHEDULE 1

Public Bodies subject to investigation

PART 1

PART 2

SCHEDULE 2

Voluntary Hospitals


Acts Referred to

Adoption Acts, 1952 to 1998

Children Act, 1908

1908, c. 67

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Civil Service Regulation Acts, 1956 to 1996

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

County Management Acts, 1940 to 1994

Court Officers Acts, 1926 to 1999

Courts (Supplemental Provisions) Act, 1961

1961, No. 39

Defence Forces Acts, 1954 to 1998

Education Act, 1998

1998, No. 51

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Garda Síochána (Complaints) Act, 1986

1986, No. 29

Guardianship of Children Acts, 1964 to 1997

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 2001

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Income Tax Acts

Interpretation Act, 1937

1937, No. 38

Local Government Act, 2001

2001, No. 37

Ombudsman Act, 1980

1980, No. 26

Social Welfare Acts


Number 22 of 2002


OMBUDSMAN FOR CHILDREN ACT 2002

REVISED ACT

Updated to 16 May 2017


AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR CHILDREN, AND FOR PURPOSES CONNECTED THEREWITH. [1 st May, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9, in effect as per art. 1(2).

2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1

Part 2

...

1922 to 2011 Enactments

...

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 22 of 2002

Ombudsman for Children Act 2002

Sections 14 and 17

...

...

...

C2

Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Health and Children contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Health and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

SCHEDULE

...

Ombudsman for Children Act 2002 (No. 22 of 2002)

...

C3

Functions transferred (1.01.2005) by Health Act 2004 (42/2004), s. 59, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

( a) the chief executive officer of a health board;

( b) the Regional Chief Executive of the Eastern Regional Health Authority;

( c) the area chief executive of an Area Health Board.

(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

45. Ombudsman for Children Act 2002

...

Editorial Notes:

E1

Ombudsman for Children excluded from definition of public bodies insofar as it relates to records concerning an examination or investigation carried out by Ombudsman under Act (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(aa), commenced as per s. 1(2), subject to transitional provisions in s. 1(3) and (4).

E2

Option of referral of complaints to Ombudsman for Children confirmed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 69(1), S.I. No. 502 of 2013.

E3

Option of referral of complaints to Ombudsman for Children confirmed (1.01.2007) by Health Act 2004 (42/2004), s. 54(1), S.I. No. 651 of 2006.