Children and Family Relationships Act 2015

32.

Enforcement of obligations of DAHR facility under section 28

32. (1) Where the Minister is satisfied that the operator of a DAHR facility is not in compliance with his or her obligations under section 28, the Minister may—

(a) issue to the operator a direction requiring him or her to comply with such of the obligations as are specified in the direction, or

(b) apply to the Circuit Court for an order under subsection (3).

(2) Where the Minister is satisfied that the operator of DAHR facility to which he or she has issued a direction under subsection (1) (a) is not in compliance with that direction, the Minister may apply to the Circuit Court for an order under subsection (3).

(3) The Circuit Court, on an application under subsection (1)(b) or (2), as the case may be, where satisfied that the operator of the DAHR facility concerned is not in compliance with his or her obligations under section 28 , may make an order directing the operator to comply with those obligations.

(4) Where the Minister is satisfied that the operator of a DAHR facility who is the subject of an order under subsection (3) is not in compliance with the order, the Minister may apply to the Circuit Court for an order under subsection (5).

(5) The Circuit Court, on an application under subsection (4), where satisfied that the operator of the DAHR facility is not in compliance with an order under subsection (3), may make an order prohibiting or restricting the performance at the DAHR facility of DAHR procedures until such time as the operator of the DAHR facility satisfies the Court of his or her ability to comply with his or her obligations under section 28 .

(6) The operator of a DAHR facility may, within 21 days from the date of the order, appeal an order of the Circuit Court under subsection (5) to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive.