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Child Care Act 1991
F306[Provision of information by Child and Family Agency
35G.—(1) A guardian ad litem appointed for a child may request the Child and Family Agency to provide to him or her any information relating to the welfare of the child necessary for the performance by the guardian ad litem of his or her functions under this Act.
(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018 —
(a) the Child and Family Agency shall comply with a request under subsection (1), and
(b) the guardian ad litem may apply to the court to determine any dispute between the guardian ad litem and the Agency in relation to the requirement of the Agency to provide information under this section.
(3) The Child and Family Agency, in complying with a request under subsection (1), is not required to furnish information that would be exempt from production in proceedings in a court on the grounds of legal professional privilege.]
Annotations
Amendments:
F306
Inserted (23.06.2026) by Child Care (Amendment) Act 2022(21/2022), s. 7, S.I. No. 208 of 2026.
Modifications (not altering text):
C88
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(b), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
(b) references in sections 29, 35F and 35G of the Act of 1991 to the Agency shall be construed as references to—
(i) where the child is the subject of a care order, the Executive and the Agency, and
(ii) in all other instances, the Executive;
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(j) any other necessary modifications.
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