Ombudsman for children act, 2002

• Act Number: 22
• Enactment Date: 01 May 2002

Number 22 of 2002
OMBUDSMAN FOR CHILDREN ACT, 2002
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation. 3. Expenses.
PART 2
Ombudsman for Children
Chapter 1
Appointment, terms and conditions of office
4. Appointment and term of office. 5. Salary, allowances for expenses and superannuation.
Chapter 2
Performance of functions
6. Performance of functions.
Chapter 3
Rights and welfare of children
7. Function to promote rights and welfare of children.
Chapter 4
Complaints against public bodies, schools and voluntary hospitals
8. Function to examine and investigate complaints against public bodies. 9. Function to examine and investigate complaints against schools and voluntary hospitals. 10. Preliminary examination and investigation of complaints. 11. Exclusions. 12. Amendment of section 5 of Act of 1980.
Chapter 5
Examination and investigation of complaints
13. Reports, etc. 14. Powers in respect of preliminary examinations and investigations. 15. Conduct of investigations. 16. Secrecy of information.
Chapter 6
Miscellaneous
17. Accounts and audits. 18. Attendance before Public Accounts Committee. 19. Attendance before other Committees of Houses of Oireachtas. 20. Amendment of Freedom of Information Act, 1997. 21. Staff.
SCHEDULE 1
Public Bodies subject to investigation
PART 1
PART 2
SCHEDULE 2
Voluntary Hospitals
Acts Referred to Adoption Acts, 1952 to 1998 Children Act, 1908 1908, c. 67 Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Civil Service Regulation Acts, 1956 to 1996 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 County Management Acts, 1940 to 1994 Court Officers Acts, 1926 to 1999 Courts (Supplemental Provisions) Act, 1961 1961, No. 39 Defence Forces Acts, 1954 to 1998 Education Act, 1998 1998, No. 51 European Parliament Elections Act, 1997 1997, No. 2 Freedom of Information Act, 1997 1997, No. 13 Garda Síochána (Complaints) Act, 1986 1986, No. 29 Guardianship of Children Acts, 1964 to 1997 Health Act, 1970 1970, No. 1 Health Acts, 1947 to 2001 Health (Eastern Regional Health Authority) Act, 1999 1999, No. 13 Income Tax Acts Interpretation Act, 1937 1937, No. 38 Local Government Act, 2001 2001, No. 37 Ombudsman Act, 1980 1980, No. 26 Social Welfare Acts
Number 22 of 2002
OMBUDSMAN FOR CHILDREN ACT, 2002
AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR CHILDREN, AND FOR PURPOSES CONNECTED THEREWITH. [1st May, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the Ombudsman for Children Act, 2002.
	(2) This Act shall come into operation on such day or days, not later than 2 years after the passing of this Act, as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	Interpretation.	2.—(1) In this Act, unless the context otherwise requires—
	“Act of 1980” means Ombudsman Act, 1980 ;
	“Act of 1998” means Education Act, 1998 ;
	“Act of 1999” means Health (Eastern Regional Health Authority) Act, 1999 ;
	“action” includes decision, failure to act and omission;
	“child” means a person under the age of 18 years and “children” shall be construed accordingly;
	“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;
	“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;
	“health board” means—
	(a) a health board established under section 4 of the Health Act, 1970 ,
	(b) the Eastern Regional Health Authority, or
	(c) the Northern Area Health Board, the East Coast Area Health Board or the South-Western Area Health Board;
	“local authority” means a local authority for the purposes of the Local Government Act, 2001 ;
	“Minister” means Minister for Health and Children;
	“public body” shall be construed in accordance with Schedule 1;
	“school” means a recognised school within the meaning of the Act of 1998;
	“voluntary hospital” means—
	(a) a voluntary hospital within the meaning of the Act of 1999, or
	(b) a voluntary hospital specified in Schedule 2.
	(2) In this Act, unless the context otherwise requires, references to any Department of State include references to the Minister of the Government having charge of that Department of State and to officers of that Minister of the Government and, if and so long as any of the functions of that Minister of the Government stand delegated to a Minister of State at that Department of State, include references to such Minister of State at that Department of State.
	(3) In this Act, unless the context otherwise requires, references to a public body (other than a Department of State) include—
	(a) as respects the business and functions of the public body, references to the Department of State in which any of them are comprised and to the Minister of the Government having charge of that Department of State, and
	(b) as respects functions in relation to the public body performed by a Department of State, references to that Department of State and to the Minister of the Government having charge of it,
	and to officers of those Ministers of the Government and members, officers and staff of the public body and, if and so long as any of the functions of any of those Ministers of the Government stand delegated to a Minister of State at any Department of State, to such Minister of State at that Department of State.
	(4) In this Act, unless the context otherwise requires, references to a school include references to the board of management of the school established under section 14 of the Act of 1998, the Principal (within the meaning of section 23 of that Act) of the school, the teachers and other staff of the school.
	(5) In this Act, unless the context otherwise requires, references to a voluntary hospital include references to the owner, manager or governing body (in each case by whatever name called) of the hospital and the officers and staff of the hospital.
	(6) In this Act—
	(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and
	(c) other than in section 14 to 16 , a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any other enactment (including this Act).
	Expenses.	3.—Any expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2 Ombudsman for Children
Chapter 1 Appointment, terms and conditions of office
	Appointment and term of office.	4.—(1) There is established the office of Ombudsman for Children and the holder of the office shall be known as the Ombudsman for Children.
	(2) The appointment of a person to be the Ombudsman for Children shall be made by the President upon resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.
	(3) A person appointed to be the Ombudsman for Children—
	(a) may at his or her own request be relieved of office by the President,
	(b) may be removed from office by the President but shall not be removed from office except where—
	(i) he or she has become incapable through ill health of effectively performing the functions of the office,
	(ii) he or she is adjudicated bankrupt,
	(iii) he or she is convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment,
	(iv) he or she has failed without reasonable excuse to discharge the functions of the office for a continuous period of 3 months beginning not earlier than 6 months before the day of removal, or
	(v) for any other stated reason, he or she should be removed,
	and then only upon resolution passed by Dáil Éireann and Seanad Éireann calling for his or her removal,
	(c) shall in any case vacate the office on attaining the age of 67 years.
	(4) Subject to this section, a person appointed to be the Ombudsman for Children shall hold the office of Ombudsman for Children for a term of 6 years and may be re-appointed once only to that office for a second term.
	(5) (a) Where a person who holds the office of Ombudsman for Children is—
	(i) nominated as a member of Seanad Éireann or elected as a member of either House of the Oireachtas,
	(ii) elected to be a representative in the European Parliament or is regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to that Parliament, or
	(iii) becomes a member of a local authority,
	he or she shall thereupon cease to hold the...