Working Title:  The Implementation of Section 9 of the Child and Family Agency Act 2013

WITH PARTICULAR REGARD TO ITS FUNCTIONS UNDER THE EDUCATION (WELFARE) ACT 2000.

Child & Family Agency

3 Key Areas1. Child & Family Agency2. International Obligations3. Irish Education Law

1.Child & Family Agency Act 2013

Best Interest Principle

S9. (1) The Agency shall, when making decisions in relation to the performance of its functions have regard to the best interests of the child in all matters.

S9.(4) The Agency shall, in performing its functions the Education (Welfare) Act 2000, ensure that the views of that individual child, where that child is capable of forming and expressing his or her own views, be ascertained and given due weight having regard to the age and maturity of the child.

Part 10 s.72 of Child & Family Agency Act – transfer of functions under section 10 (1) of the Education & Welfare Act 2000

1.Child & Family Agency Act 2013

Education and welfare Functions

1.to promote in families and society an appreciation of the benefits of education

2. To promote an environment in schools that encourages the participation of children

3. commission research into non-attendance of students

4. To assist schools to meet obligations under the Act

5. To advise and assist children & parents who exhibit problems relating to attendance and behaviour

6. to support monitor and assess effectiveness of strategies and programmes

7. to cooperate with other agencies as appropriate

8. to carry out reviews of training and guidance

9. to advise NCCA

DEIS –DELIVERING EDUALITY OF OPPORTUNITY IN SCHOOLS

HSCL – HOME SCHOOL COMMUNITY LIASON

SCP – SCHOOL COMPLETION

2. International Obligations1. UNCRC Art 3 and 12

2. General Comments No.14 (2013) on the right of the child to have his or her best interests taken as primary consideration (art.3,

para 1) No.12 (2009)

3. Recommendation CM/Rec (2012)2

4. ECRC

Article 3: Right to be informed and to express his or her views in proceedings Article 12: Parties shall encourage, through bodies which perform, inter alia, the functions set out in

paragraph 2, the promotion and the exercise of children's rights.

3. Analysis of Best Interests of Children in Irish Education Law

Education and Welfare Act 2000

Part III – Educational Welfare Compulsory School Attendance

In particular sections

S.22 – school attendance strategies

S.23 – code of behaviour

Consultation with students is completely omitted from both sections

‘’after consultation with the principal, the teachers teaching at, the parents of students registered at, and the educational welfare officer………’

3. Analysis of Best Interests of Children in Irish Education Law

Education Act 1998 – put school discipline on a statutory footing

S.28 right to an appeal process within the school structure

S.29 an appeal process outside of school structure

Act only provides for the parent to appeal unless the student has reached the age of 18

s.28(1)(b) only allows for grievances of students or parents following consultation with patrons, parents assoc, school management and trade unions and staff associations.

EWO may appeal decision of BOM under s.29

Key Questions Can the Best Interest Principle under the Child and Family Agency Act be

implemented if young people are invisible in Education Legislation and Procedure?

5,600 young people didn’t complete second level education, how can we ensure their best interests are provided for?

In giving them a voice, can we provide better outcomes?

Education Policy – how does it incorporate best interest principle and is this enough to meet the requirements as per s.9 of the Child and Family Agency Act 2013?