IE
(LRC Revised)
Statutory Text (1 Articles)
Number 22 of 2002
OMBUDSMAN FOR CHILDREN ACT 2002
REVISED
Updated to 26 December 2018
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Ombudsman for Children Act 2002
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including
Public Service Superannuation (Age of Retirement) Act 2018
(39/2018), enacted 26 December 2018, and all statutory instruments up to and including
European Union (General Framework for Securitisation and Specific Framework for Simple,
Transparent and Standardised Securitisation) Regulations 2018
(S.I. No. 656 of 2018), made 20 December 2018, were considered in the preparation
of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
22
of
2002
OMBUDSMAN FOR CHILDREN ACT 2002
REVISED ACT
Updated to 26 December 2018
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
REVISED ACT
Updated to 26 December 2018
AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR CHILDREN,
AND FOR PURPOSES CONNECTED THEREWITH. [1
st May
, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions
in arts. 5-9, in effect as per art. 1(2).
2.
— (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3.
— The functions conferred on the Minister for Finance by or under the provisions of
—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1
Part 2
...
1922 to 2011 Enactments
...
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 22 of 2002
Ombudsman for Children Act 2002
Sections 14 and 17
...
...
...
C2
Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by
Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration
and Ministerial Functions) Order 2011
(S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 3 are transferred to the Department
of Children and Youth Affairs.
(2) References to the Department of Health and Children contained in any Act or any
instrument made thereunder and relating to any administration and business transferred
by paragraph (1) shall, from the commencement of this Order, be construed as references
to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Health and Children by or under the
Acts specified in the Schedule are transferred to the Minister for Children and Youth
Affairs.
...
(3) References to the Minister for Health and Children contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, from
the commencement of this Order, be construed as references to the Minister for Children
and Youth Affairs.
...
SCHEDULE
...
Ombudsman for Children Act 2002
(No. 22 of 2002)
...
C3
Functions transferred (1.01.2005) by
Health Act 2004
(42/2004), s. 59, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—
(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in
Schedule 3
are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in
Schedule 3
, or a provision of an instrument made under such enactment, does not come into effect
until on or after the establishment day, a function that on the passing of that enactment
or the making of that instrument was assigned under or in connection with that provision
to a specified body is, by this Act, transferred to the Executive on the commencement
of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified
in any enactment referred to in
Schedule 3
as a function of the following
(
a
) the chief executive officer of a health board;
(
b
) the Regional Chief Executive of the Eastern Regional Health Authority;
(
c
) the area chief executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies
Administrative Bureau.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
45. Ombudsman for Children Act 2002
...
Editorial Notes
E1
Ombudsman for Children excluded from definition of public bodies insofar as it relates
to records concerning an examination or investigation carried out by Ombudsman under
Act (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1(aa), commenced as per s. 1(2), subject to transitional
provisions in s. 1(3) and (4).
E2
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2014)
by
Child and Family Agency Act 2013
(40/2013), s. 69(1), S.I. No. 502 of 2013.
E3
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2007)
by
Health Act 2004
(42/2004), s. 54(1), S.I. No. 651 of 2006.
Annotations
Modifications (not altering text)
C1
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions
in arts. 5-9, in effect as per art. 1(2).
2.
— (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3.
— The functions conferred on the Minister for Finance by or under the provisions of
—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
Schedule 1
Part 2
...
1922 to 2011 Enactments
...
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 22 of 2002
Ombudsman for Children Act 2002
Sections 14 and 17
...
...
...
C2
Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by
Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration
and Ministerial Functions) Order 2011
(S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 3 are transferred to the Department
of Children and Youth Affairs.
(2) References to the Department of Health and Children contained in any Act or any
instrument made thereunder and relating to any administration and business transferred
by paragraph (1) shall, from the commencement of this Order, be construed as references
to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Health and Children by or under the
Acts specified in the Schedule are transferred to the Minister for Children and Youth
Affairs.
...
(3) References to the Minister for Health and Children contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, from
the commencement of this Order, be construed as references to the Minister for Children
and Youth Affairs.
...
SCHEDULE
...
Ombudsman for Children Act 2002
(No. 22 of 2002)
...
C3
Functions transferred (1.01.2005) by
Health Act 2004
(42/2004), s. 59, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—
(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in
Schedule 3
are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in
Schedule 3
, or a provision of an instrument made under such enactment, does not come into effect
until on or after the establishment day, a function that on the passing of that enactment
or the making of that instrument was assigned under or in connection with that provision
to a specified body is, by this Act, transferred to the Executive on the commencement
of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified
in any enactment referred to in
Schedule 3
as a function of the following
(
a
) the chief executive officer of a health board;
(
b
) the Regional Chief Executive of the Eastern Regional Health Authority;
(
c
) the area chief executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies
Administrative Bureau.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
45. Ombudsman for Children Act 2002
...
Editorial Notes
E1
Ombudsman for Children excluded from definition of public bodies insofar as it relates
to records concerning an examination or investigation carried out by Ombudsman under
Act (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1(aa), commenced as per s. 1(2), subject to transitional
provisions in s. 1(3) and (4).
E2
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2014)
by
Child and Family Agency Act 2013
(40/2013), s. 69(1), S.I. No. 502 of 2013.
E3
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2007)
by
Health Act 2004
(42/2004), s. 54(1), S.I. No. 651 of 2006.
Number
22
of
2002