Ombudsman for Children Act 2002

Exclusions.

11

11.—(1) The Ombudsman for Children shall not investigate any action taken by or on behalf of a public body, school or voluntary hospital—

( a) if the action is one in relation to which—

(i) civil legal proceedings in any court have been initiated on behalf of the child affected by the action and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court whether the proceedings have been otherwise concluded or have not been concluded,

(ii) the child affected by the action has a right, conferred by or under statute (within the meaning of section 3 of the Interpretation Act, 1937 ) of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court), or

(iii) the child affected by the action has a right of appeal, reference or review to or before a person other than a public body or, if appropriate, the school or voluntary hospital concerned,

( b) if the action relates to or affects national security or military activity or (in the opinion of the Ombudsman for Children) arrangements regarding participation in organisations of states or governments,

( c) relating to recruitment or appointment to any office or employment in a Department of State or by any other public body, school or voluntary hospital,

( d) relating to or affecting the terms or conditions—

(i) upon and subject to which a person—

(I) holds any office, or

(II) is employed in a Department of State or by any other public body, school or voluntary hospital,

(ii) of a contract for services,

(including the terms and conditions upon and subject to which pensions, gratuities or other superannuation benefits are payable to or in respect of the person or under the contract),

( e) if the action is one—

(i) taken in the administration of the law relating to asylum, immigration, naturalisation or citizenship,

(ii) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or disqualification imposed by a Court exercising criminal jurisdiction, or

(iii) taken in the administration of the prisons or other places for the custody or detention of children committed to custody or detention by the Courts other than reformatory schools, or industrial schools, certified under Part IV of the Children Act, 1908,

( f) if the action relates to the results of an examination (within the meaning of section 49 of the Act of 1998),

( g) in—

(i) a case where a complaint is made to the Ombudsman for Children in relation to the action, if the complaint is not made before the expiration of two years from the time of the action or the time the child making the complaint, or on whose behalf the complaint is made, became aware of the action, whichever is the later,

(ii) any other case, if the investigation is not commenced before the expiration of two years from the time of the action, or

( h) if the action—

(i) is taken before the commencement of this Act, and

(ii) is not one that may be the subject of a complaint to the Ombudsman under the Act of 1980.

(2) ( a) Subsection (1)(e)(iii) shall cease to have effect on and after such date as may be specified in an order made by the Minister with the consent of the Minister for Justice, Equality and Law Reform.

( b) An order made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) Notwithstanding subsection (1), the Ombudsman for Children may investigate—

( a) an action to which paragraph (a) of that subsection relates if it appears to him or her that special circumstances make it proper to do so,

( b) an action that would contravene paragraph (g) of that subsection if it appears to him or her that special circumstances make it proper to do so, or

( c) insurability and entitlement to benefit under the Social Welfare Acts.

(4) Where a Minister of the Government so requests in writing (and attaches to the request a statement in writing setting out in full the reasons for the request), the Ombudsman for Children shall not investigate, or shall cease to investigate, an action specified in the request, being an action of—

( a) a Department of State whose functions are assigned to that Minister of the Government, or

( b) a public body (other than a Department of State) whose business and functions are comprised in such a Department of State or in relation to which functions are performed by such a Department of State,

(whether or not all or any of the functions of that Minister of the Government stand delegated to a Minister of State at that Department of State).

Annotations:

Modifications (not altering text):

C5

Application of subs. (1)(e)(iii) ceased (1.07.2012) by Ombudsman for Children Act 2002 (Section 11(2)(a)) Order 2012 (S.I. No. 210 of 2012), art. 2.

2. Subsection (1)( e)(iii) of section 11 of the Ombudsman for Children Act 2002 shall cease to have effect on and after 1 July 2012.