Education (Welfare) Act 2000

Functions of F7[Child and Family Agency].

10

10.—(1) The general functions of the F7[Child and Family Agency] shall be to ensure that each child attends a recognised school or otherwise receives a certain minimum education, and to assist in the formulation and implementation of policies and objectives of the Government for the time being concerning the education of children and, for those purposes, but without prejudice to the generality of the foregoing—

(a) to promote and foster in society, and in particular in families, an appreciation of the benefits to be derived from education, in particular as respects the physical, intellectual emotional, social, cultural and moral development of children, and of the social and economic advantages that flow therefrom,

(b) to promote and foster, in recognised schools, an environment that encourages children to attend school and participate fully in the life of the school,

(c) to conduct and commission research into the reasons for non-attendance on the part of students and into strategies and programmes designed to prevent it,

(d) to disseminate to recognised schools the findings of research conducted or commissioned pursuant to paragraph (c), and to advise such schools on matters relating to the prevention of non-attendance, and the good conduct of students generally,

(e) to assist recognised schools in so far as is practicable to meet their obligations under this Act,

(f) to advise and assist children and the parents of children who exhibit problems relating to attendance at, and behaviour in, school,

(g) to support, monitor, and assess the effectiveness of, strategies and programmes aimed at preventing non-attendance in recognised schools,

(h) to cooperate with such persons as the F7[Child and Family Agency] considers appropriate, and to coordinate the activities of the F7[Child and Family Agency] with the activities of those persons in so far as they relate to preventing non-attendance in recognised schools,

(i) to carry out reviews of training and guidance given to teachers relating to matters of school attendance and the conduct of students, and to advise the Minister in relation thereto,

(j) to advise the National Council for Curriculum and Assessment as respects those aspects of the school curriculum that, in the opinion of the F7[Child and Family Agency], are likely to have an effect on attendance levels at, or the extent of student participation in, school, and

(k) to advise the Minister on any matter to which this Act relates.

(2) The F7[Child and Family Agency] shall have all such powers as it considers necessary for the performance of its functions under this Act.

(3) The F7[Child and Family Agency] shall, in giving advice or making recommendations to the Minister under this section, have regard to the cost of measures that would have to be taken if the Minister were to take such advice or implement such recommendations.

(4) The F7[Child and Family Agency] may, with the consent of the parent of the child concerned, arrange for a child to be assessed as to his or her intellectual, emotional and physical development (hereafter in this section referred to as “an assessment”) by such person as may be determined by the F7[Child and Family Agency] with the concurrence of the parent.

(5) Where a parent refuses to give his or her consent under subsection (4), the F7[Child and Family Agency] may apply to the Circuit Court for an order that an assessment of the child be carried out.

(6) The Circuit Court may, if satisfied at the hearing of an application under subsection (5) that the child's behaviour, his or her lack of educational progress or the regularity with which he or she is absent from school without reasonable excuse is such that in all the circumstances the carrying out of an assessment is warranted, order that an assessment of the child be carried out at such time, in such manner, at such place and by such person as may be specified in the order.

(7) An application under subsection (5) to the Circuit Court by the F7[Child and Family Agency] shall be made to a judge of the Circuit Court for the circuit in which the child concerned resides.

(8) The F7[Child and Family Agency] may, in the performance of its functions, consult with such persons as it considers appropriate.

Annotations:

Amendments:

F7

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 13 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C5

Functions vested in the National Educational Welfare Board under section transferred to the Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 72, S.I. No. 502 of 2013.

Transfer of functions to Agency

72. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the National Educational Welfare Board by or under section 10 (1) of the Education (Welfare) Act 2000 shall, on the establishment day, stand transferred to the Agency.