Education (Welfare) Act 2000

Appeal against decision of F15[Child and Family Agency].

15

15.—(1) Where the F15[Child and Family Agency]

(a) refuses, in accordance with paragraph (b)(ii) of subsection (10) of section 14, to register a child in the register maintained under that section,

(b) agrees to register the child in that register in accordance with paragraph (b)(i) of the said subsection (10),

(c) removes a child's name from that register in accordance with subsection (12) of that section, or

(d) requires the giving of an undertaking in accordance with paragraph (a)(ii) of the said subsection (12),

(hereafter in this section referred to as a “decision”), it shall so inform the parent of the child concerned by notice in writing and the parent of the child concerned may appeal against the decision and for that purpose shall serve a notice of appeal on the Minister within 21 days of his or her receiving the first-mentioned notice.

(2) A notice of appeal under subsection (1) shall be in writing and shall be in such form (if any) as may be prescribed by the Minister.

(3) The Minister shall within 14 days of receiving a notice of appeal under subsection (1) appoint a committee to hear and determine an appeal under this section (hereafter in this section referred to as an “appeal committee”).

(4) An appeal committee shall consist of such judge of the District Court as shall be nominated by the President of the District Court, such inspector and such other person (other than an officer of the Minister or of the F15[Child and Family Agency]) as may be appointed thereto by the Minister.

(5) An appeal committee shall invite the parent of the child concerned and the authorised person who prepared and submitted the report under subsection (8) of section 14, to make submissions to it concerning the matters to which the appeal relates.

(6) The appeal committee shall, having considered any submissions made to it pursuant to subsection (5) and the report referred to in that subsection—

(a) affirm the decision of the F15[Child and Family Agency],

(b) require the F15[Child and Family Agency] to register the child concerned in the register maintained under section 14, or

(c) require the F15[Child and Family Agency] to register the child concerned in the said register subject to the parent of the child undertaking to comply with such requirements as the appeal committee considers appropriate.

(7) The F15[Child and Family Agency] shall comply with a requirement of an appeal committee under subsection (6).

Annotations:

Amendments:

F15

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.