Submission on the Child and Family Agency
Bill 2013 to the Department of Children and
Youth Affairs
September 2013
The Children’s Rights Alliance unites over 100 organisations working together to make Ireland one of the best places in
the world to be a child. We improve the lives of all children and young people by ensuring Ireland’s laws, policies and
services comply with the standards set out in the United Nations Convention on the Rights of the Child.
Members
Alcohol Action Ireland
Amnesty International Ireland
Ana Liffey Drug Project
Arc Adoption
The Ark, A Cultural Centre for Children
Assoc. for Criminal Justice Research and Development (ACJRD)
Association of Secondary Teachers Ireland (ASTI)
ATD Fourth World – Ireland Ltd
Barnardos
Barretstown Camp
BeLonG To Youth Services
Bessborough Centre
Border Counties Childhood Network
CARI Foundation
Carr’s Child and Family Services
Catholic Guides of Ireland
Catholic Youth Care
Childhood Development Initiative
Childminding Ireland
Children in Hospital Ireland
City of Dublin YMCA
COPE Galway
Crosscare
DIT – School of Social Sciences & Legal Studies
Doras Luimni
Down Syndrome Ireland
Dublin Rape Crisis Centre
Dun Laoghaire Refugee Project
Early Childhood Ireland
Educate Together
School of Education UCD
Enable Ireland
EPIC (formerly IAYPIC)
Focus Ireland
Forbairt Naíonraí Teoranta
Foróige
GLEN - Gay and Lesbian Equality Network
Headstrong - The National Centre for Youth Mental Health
Home-Start National Office Ireland
Immigrant Council of Ireland
Inclusion Ireland
Inspire Ireland
Institute of Community Health Nursing
Integration Centre
International Adoption Association
Irish Association of Social Care Workers (IASCW)
Irish Association of Social Workers
Irish Association of Suicidology
Irish Autism Action
Irish Centre for Human Rights, NUI Galway
Irish Congress of Trade Unions (ICTU)
Irish Council for Civil Liberties (ICCL)
Irish Foster Care Association
Irish Girl Guides
Irish National Teachers Organisation (INTO)
Irish Penal Reform Trust
Irish Premature Babies
Irish Refugee Council
Irish Second Level Students’ Union (ISSU)
Irish Society for the Prevention of Cruelty to Children
Irish Traveller Movement
Irish Youth Foundation (IYF)
Jack & Jill Children’s Foundation
Jesuit Centre for Faith and Justice
Junglebox Childcare Centre F.D.Y.S.
Kids’ Own Publishing Partnership
Kilbarrack Youth Project
Lifestart National Office
Marriage Equality – Civil Marriage for Gay and Lesbian People
Mary Immaculate College
Matt Talbot Community Trust
Mental Health Reform
Mothers’ Union of Ireland
Mounttown Neighbourhood Youth and Family Project
MyMind
National Association for Parent Support
National Organisation for the Treatment of Abusers (NOTA)
National Parents Council Post Primary
National Parents Council Primary
National Youth Council of Ireland
One Family
One in Four
OPEN
Parentline
Parentstop
Pavee Point
Peter McVerry Trust
Psychological Society of Ireland
Rape Crisis Network Ireland (RCNI)
Realt Beag
Saoirse Housing Association
SAOL Beag Children’s Centre
Scouting Ireland
Society of St. Vincent de Paul
Sonas Housing Association
SpunOut.ie
St. Nicholas Montessori College
St. Nicholas Montessori Society
St. Patrick’s University Hospital
Start Strong
Step by Step Child & Family Project
Sugradh
The UNESCO Child and Family Research Centre, NUI Galway
Treoir
UNICEF Ireland
Unmarried and Separated Families of Ireland
youngballymun
Youth Advocate Programme Ireland (YAP)
Youth Work Ireland
Contents
1. Summary and Recommendations ............................................................................................. 4
1.2 Summary of Key Recommendations ............................................................................................. 6
2. Introduction to the Proposed Agency ........................................................................................ 7
3. Functions of the Agency ........................................................................................................... 8
3.1 Introduction .................................................................................................................................. 8
3.2 Additional Universal Services ........................................................................................................ 8
3.3 Additional Functions ................................................................................................................... 10
3.4 Supporting Families..................................................................................................................... 11
3.5 Educational Welfare.................................................................................................................... 12
4. Best Interests and Views of the Child ...................................................................................... 13
4.1 Best Interests .............................................................................................................................. 13
4.2 Views of the Child ....................................................................................................................... 15
4.3 Equality/Non-Discrimination ...................................................................................................... 17
5. Governance............................................................................................................................ 18
5.1 Board Composition ..................................................................................................................... 18
5.2 Interdepartmental Input ............................................................................................................. 18
5.3 Relationship between the Minister and the Agency .................................................................. 19
5.4 Ministerial Direction or Guideline............................................................................................... 19
5.5 Relationship with the Voluntary Sector ...................................................................................... 19
6. Inter-Agency Cooperation....................................................................................................... 21
6.1 Inter-Agency Cooperation ........................................................................................................... 21
3
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
1. Summary and Recommendations
The Children’s Rights Alliance unites over 100 organisations working together to make Ireland one of
the best places in the world to be a child. We improve the lives of all children and young people by
ensuring Ireland’s laws, policies and services comply with the standards set out in the United Nations
Convention on the Rights of the Child.1
This submission has been produced through collaboration and by a Working Group we formed to
review the Child and Family Agency Bill 2013. These members include: Association for Criminal
Justice Research & Development, Ballyfermot Star, Barnardos, Border Counties Childhood Network,
CARI Foundation, Childhood Development Initiative, Early Childhood Ireland, EPIC, Focus Ireland,
Immigrant Council of Ireland Institute of Community Health Nursing, International Adoption
Association, Irish Association of Social Workers, Irish Foster Care Association, Irish National Teachers
Organisation, Irish Society for the Prevention of Cruelty to Children, Lifestart Foundation,
Mounttown Neighbourhood Youth and Family Project, Pavee Point, Prevention and Early
Intervention Network, Society of St Vincent de Paul, Sonas Housing Association, Start Strong, Treoir,
UNESCO Child and Family Research Centre and Youngballymun. These members represent the
interests of a wide range of groups working with children and families and the Alliance wishes to
thank the members for providing much of the information and knowledge which has informed this
submission.
The Alliance welcomes the publication of the Child and Family Agency Bill 20132 in July 2013 as a
milestone in fulfilling one of the important commitments of the Programme for Government 20112016.3 We acknowledge the sterling work of the Minister for Children and Youth Affairs, Frances
Fitzgerald TD, and her departmental officials in producing this important draft legislation and we
hope that our proposals will augment and strengthen the Bill as it progresses through the
Oireachtas.
This submission replaces the Alliance’s Initial Submission on the Child and Family Agency Bill 2013
dated 16 July 2013.
1
2
3
United Nations Convention on the Rights of the Child (1989)
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
The Child and Family Agency Bill can be found here: http://bit.ly/12w1jo6
Government of Ireland (2011) Programme for Government 2011, Dublin: Stationery Office
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
1.1 Summary of Positive Aspects in the Bill

The consolidation of certain key services such as Children and Family Services, the Family
Support Agency, the National Education Welfare Board, the Pre-school Inspection Services,
services relating to the psychological welfare of children and services relating to domestic,
sexual and gender-based violence within the Agency’s remit is a welcome development. It is
hoped that the establishment of the Agency will present an opportunity to ensure that key
services will work together to provide better outcomes for individual children and families
(Section 8).

The reference in the Bill to the Agency’s obligation to promote “enhanced inter-agency
cooperation” is a welcome and necessary step (Section 8(8)). This is of critical importance
since many official reviews of our child protection and welfare system has pointed to lack of
interagency co-ordination on specific cases.

The definitions of ‘family’ and ‘couple’ better reflect the diverse range of families living in
Irish society today and are progressive (Section 2). We welcome the broad definition of
family in the Bill which includes family members such as grandparents, step-parents and
siblings including step or half-siblings or “any other person who, in the opinion of the
Agency, has a bona fide interest in the child”. Likewise, we welcome that the definition of
couple is not limited to a married couple but refers to co-habiting couples as well as samesex couples and civil partners. We feel these definitions recognise and better reflect the
diverse range of families living in Irish society today.

Section 9(1) of the Bill specifies that the Agency when making decisions in performing its
functions under sections 8(1)(a), (b) or (c) shall “have regard to the best interests of the child
in all matters.” In practice this means when the Agency is performing its functions which are
being transferred from the Family Support Agency, Education Welfare Board and the Health
Service Executive, it will have to pay due regard to the best interests of the child. The
principle also applies to its functions in supporting and promoting the development, welfare
and protection of children and supporting and encouraging the effective functioning of
families. This is a very welcome development and represents a major evolution in adopting a
children’s rights approach in public sector reform.

Section 9(3) of the Agency Bill introduces a new provision requiring that the Agency “when
planning and reviewing the provision of services in connection with the performance of
functions” transferred from the Family Support Agency, Education Welfare Board and the
Health Service Executive will “ensure that consideration is given to the views of children as
part of any consultation processes undertaken”. This provision is welcome in that it obliges
the Agency to take account of the views of children in its consultation exercises when
planning and reviewing certain services.

The inclusion of a robust complaints system is a welcome development (Part 9: Complaints).

The outline of the relationship with the voluntary sector recognises the important and
essential work that will continue to be carried out by the sector on behalf of the Agency
(Part 8: Provision of Services).
5
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
1.2 Summary of Key Recommendations
The Alliance also wishes to highlight a number of key recommendations that we believe need to be
addressed prior to the enactment of the Child and Family Agency Bill 2013. In summary, we are
calling for amendments to the Bill to:

Expand the functions of the Agency and in particular expand the functions to include the
prevention of harm or neglect to children. The provisions on family support and the role of
educational welfare should also be expanded upon (Section 8).

Incorporate key services in the Agency as recommended by the Task Force, in particular
Public Health Nurses and Child and Adolescent Mental Health Services (CAMHS). If these
services are not included in the remit of the Agency at the outset, there should be clear
scope for these to be integrated on a phased basis (Sections 72 and 82).

Inter-agency cooperation should be brought to the fore and should include a reference to
intra-agency cooperation. Protocols to give effect to the inter-agency cooperation should be
developed to ensure that where different professionals within the Agency or related services
are working with a particular child or family, they can interact and work together effectively
to achieve the best outcome for the child or family concerned (Section 8(8)).

The Bill should include a specific provision on promoting equality and non-discrimination to
inform the ethos of the Agency (Section 8).

Strengthen the best interests of the child principle. The Agency should ensure that the ‘best
interests of the child’ is a primary consideration in all decisions relating to its functions. The
Agency should ensure that General Comment No. 14 of the UN Committee on the Rights of
the Child should inform the interpretation of this principle in practice (Section 9).

While the Bill allows for the views of the child to be considered by the Agency in its functions
under the Child Care Act 1991 and the Adoption Act 2010, the Agency should consider the
voice of the child when undertaking any of its functions (Section 9).

In its relationship with the voluntary sector, the Agency should not interfere with the
independence or general business of a voluntary body. Where that body may provide
services on behalf of the Agency, this should not have any bearing on its ability to reflect the
views or experience of its service-users to advocate for improved services. There should be
an in-built appeal mechanism for those seeking clarification on why funding has been
discontinued (Part 8: Provision of Services).

The Agency should ensure that multi-annual funding is available when entering service-level
agreements with not-for-profit organisations providing services on behalf of the Agency
(Part 8: Provision of Services).

The complaints system should be developed in line with the Ombudsman’s Guide to Setting
Up and Operating an Internal Complaints System4 to ensure that it is fair, independent,
effective and accessible (Part 9: Complaints).

With regard to the functions of the Agency, the Minister for Children and Youth Affairs may
consult with any Minister in relation to the Agency’s annual report or performance
framework (Sections 13(2)(f) and 41(3)).
4
Office of the Ombudsman (2013) Listen, Respond, Learn, Improve: the Ombudsman’s Guide to Setting Up and Operating
an Internal Complaints System. Dublin: Office of the Ombudsman.
6
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
2. Introduction to the Proposed Agency
This Bill will establish for the first time a dedicated agency for children and families under the remit
of the Department of Children and Youth Affairs.5 The Child and Family Agency will bring together
the Health Service Executive (HSE) Children and Family Services, the Family Support Agency, the
National Education Welfare Board, the Pre-school Inspectorate and services relating to the
psychological welfare of children, as well as domestic, sexual and gender-based violence. It will
employ over 4,000 staff and have a budget of over €570 million and represents the biggest public
sector reform under the present Government.
The Agency has the potential to be a powerful vehicle for reform, bringing responsibility for
implementing law, policies and services for children and families under one roof. The development
of the Agency is a once-in-a-generation opportunity to overhaul the State’s child protection and
family support services and to instil within its workforce a new culture of responsibility,
accountability and consistency of service provision to children. The Alliance is very supportive of the
establishment of the Agency and welcomes many aspects of this Bill.
The Child and Family Agency Bill 2013 provides the legal foundation stone upon which the Agency
will be built. An Agency that respects the rights of all children has the potential to revolutionise the
delivery of Ireland’s child and family services leading to better outcomes for children and their
families. Ultimately, to win back the confidence of the public and boost staff morale, the Agency
must address waiting lists, deliver high-quality services and thus improve the experience and
outcomes for all children and families using the services as well as those in its employment. In light
of this, the Alliance particularly welcomes the inclusion of new functions for the Agency aimed at
promoting children’s rights together with the robust complaints system for individuals. However, we
believe that the Bill could and must go further.
The development of the Agency is part of a package of reforms in relation to children currently
underway. Two significant parts of the jigsaw are not yet complete – the passage into law of the
constitutional amendment on children; and the enactment of legislation to put aspects of the
Children First Guidelines on a statutory footing. This Bill is the first opportunity to reflect in statutory
law the principles which the People of Ireland voted in the Children’s Referendum to be enshrined
into the Constitution. We acknowledge that a legal challenge is before the courts in relation to the
2012 referendum, but believe that the Bill must reflect to the fullest extent possible the values
within the amendment which the People successfully supported. Ideally, once the referendum is
passed into law the text of the amendment should be directly imported into statutory law.
5
For information on the Agency see Section 5.1 (pages 62-66) of the Children’s Rights Alliance Report Card 2013 which
focuses on the new Agency:
http://www.childrensrights.ie/sites/default/files/submissions_reports/files/ReportCard2013.pdf
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
3. Functions of the Agency
3.1 Introduction
Section 8 (Functions of Agency) provides that the Agency will:
(a) perform the functions transferred to it by sections 72 and 82, (these are the functions of
the Family Support Agency, the National Educational Welfare Board and certain functions of
the HSE),6
(b) support and promote the development, welfare and protection of children,
(c) support and encourage the effective functioning of families,
(d) maintain and develop support services, including support services in local communities,
relating to the functions specified in paragraph (a), (b) or (c),
(e) carry on such activities or publish such information concerning the functions specified in
paragraphs (a), (b), (c) and (d) as it considers appropriate,
(f) undertake or commission research into matters related to the functions specified in
paragraphs (a), (b), (c) and (d) 20 or into such other matters as the Minister may request,
and
(g) provide information or advice, or make proposals, to the Minister on matters relating to
the functions of the Agency.
In effect the Bill as introduced is consolidating the existing powers of key services as well as listing
some additional functions. In summary, the effect of this section is to give the Agency responsibility
for:
 The Children and Family Services comprising child welfare and protection services; foster
and residential care and aftercare; and adoption services – currently under the remit of the
Health Service Executive.
 The Family Support Agency – currently a body under the Department of Children and Youth
Affairs.
 The National Education Welfare Board – currently a body under the Department of Children
and Youth Affairs.
 Pre-school Inspection Services – currently under the remit of the Health Service Executive.
 Services relating to the psychological welfare of children - currently under the remit of the
Health Service Executive.
 Services relating to domestic, sexual and gender-based violence - currently under the remit
of the Health Service Executive.7
It is the view of the Alliance that the list of functions is too narrow and should be expanded to
include: (1) additional universal services and (2) additional functions.
3.2 Additional Universal Services
As stated above, the Bill as introduced provides that the Agency will have responsibility for a range
of key functions. A Task Force was set up in September 2011 to advise the Department of Children
and Youth Affairs on the transition programme leading to the establishment of the new Agency. The
Report of the Task Force, published in July 2012, made detailed recommendations including which
6
7
These functions include promoting the welfare of children in its area who are not receiving adequate care and
protection (s.3 of the Child Care Act 1991), matters relating to child abduction and the Hague Convention (Child
Abduction and Enforcement of Custody Orders Act 1991), responsibility for separated children or children of detained
persons (Refugee Act 1996 and Immigration Acts 1999-2003), matters relating to the adoption of a child (Adoption Act
2010), providing welfare reports in family law matters (s.47(1)(b) of the Family Law Act 1995) and in domestic violence
cases where a child is involved (Domestic Violence Act 1996).
The HSE will retain responsibility for Sexual Assault Treatment Units which are located in acute hospitals and other
medical services.
8
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
services should be included under the Agency’s remit.8 As well as child welfare and protection and
family support services, the Task Force recommended that eight other services should be brought
under the scope of the Agency; and it made further recommendations in relation to youth justice.9
The Bill includes three of the eight Task Force recommended services – psychology services;
domestic and sexual violence services; and the National Educational and Welfare Board. The
following services were not brought into the Agency by the Bill:





Public Health Nursing (children’s component)
Speech and Language Therapy (children’s component)
Child and Adolescent Mental Health Services (CAMHS)
Children Detention Schools
Hospital Social Workers in paediatric settings
The Task Force recognised that a phased implementation for the transfer of these services may be
necessary, and the Minister for Children and Youth Affairs has indicated that additional services may
be transferred after 2013 following further consideration.10
The inclusion of universal services is extremely critical to foster an early intervention approach in
service delivery and to move from a crisis-led approach. Early intervention not only leads to better
outcomes for children, it also represents good value for money. The provision of universal family
supports by the Agency will also have another benefit. It will allow the Agency to communicate a
new identity to the public – an organisation that supports and assists parents in their parenting role,
not a stigmatising agency whose purpose is to remove children into State care.
The fact that some universal services are included in the Agency’s remit is a major step forward. The
inclusion of these services ‘under one roof’ is also important since one of the major failings of our
child welfare and protection system was the failure of services to work together for individual
children and families.11 However, it is notable that many other universal services are not part of the
new Agency. Of the services not included the Alliance questions the decision not to bring into the
Agency the Public Health Nurses and the Child and Adolescent Mental Health Services (CAMHS).
The Task Force recognised the important role played by public health nurses (PHNs) but also the
logistical arrangements which need to be addressed prior to their possible inclusion in the new
Agency. However, ultimately it felt that if excluded from the Agency’s remit, “the vision for the new
agency would be compromised, diminishing the capacity of the agency to deliver on its mandate in
terms of prevention and early intervention”.12 Therefore, the Task Force recommended that the
Agency:
[…] should directly employ the PHNs that provide the child and family component of the
service. PHNs should be co-located with the local health service, to avoid fragmenting the
service. The Task Force recognises that this may not always be possible, for example in rural
areas, in which case the service may be directly commissioned.13
8
9
10
11
12
13
Department of Children and Youth Affairs (2012) Report of the Task Force on the Child and Family Support Agency,
Dublin: Government Publications. http://www.dcya.gov.ie/documents/ChidFamilySupportAgency/TaskForceReport.pdf
It also made future recommendations that the inclusion of the Young Persons’ Probation Service should be reviewed at
a later date; and that the Agency develop a structured interface with the Gardaí and youth organisations managing the
Garda Youth Diversion Projects (Ibid., page xi ).
Letter from the Minister for Children and Youth Affairs, Frances Fitzgerald TD to Gordon Jeyes, National Director,
Children and Family Services, HSE, 15 November 2012.
This failure has been noted in several inquiry reports including the HSE (2010) Roscommon Child Care Case report:
Report of the Inquiry Team to the Health Service Executive Dublin: HSE, pp 69; 73.
Department of Children and Youth Affairs (2012) Report of the Task Force on the Child and Family Support Agency,
Dublin: Government Publications, p 50.
http://www.dcya.gov.ie/documents/ChidFamilySupportAgency/TaskForceReport.pdf
Ibid, p xi.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
The Institute of Community Health Nursing (ICHN) published a discussion paper14 in September 2013
which recognised that:
[…] the public health nursing service plays an important role in the area of child protection.
This role includes, among others, early identification of children at risk, multi-disciplinary
engagement to identify solutions, ongoing monitoring of change in families and involvement
in evaluation of progress.
The ICHN recommended that a dedicated child and family health nursing service should be provided.
It is the view of the Alliance that if PHNs are not to be included within the remit of the Agency at its
establishment, this would be an important step to ensure that they could be included within the
Agency’s remit in the future. In addition, the Task Force identified the Child and Adolescent Mental
Health Services (CAMHS) “as a priority service for transfer to the agency, from establishment day.
This is appropriate given that CAMHS has an exclusive focus on children and adolescents.” It felt
CAMHS “should be directly provided by the” Agency.15
Given the critical role that PHNs and CAMHS plays in meeting the needs of vulnerable and
marginalised children throughout the country, the Alliance believes that every effort should be made
to include them within the remit of the Agency. The Alliance understands that there are challenges
to including these services but the Government should work to resolve any outstanding human
resources issues and ensure that there is a clear review mechanism to include these services at the
earliest opportunity.
Recommendations:
 Public Health Nursing and the Child and Adolescent Mental Health Services (CAMHS) should
be included in the functions of the Agency.
 The Bill should set out a clear and comprehensive list of all of its current functions under
Section 8 while also leaving clear scope for other agencies to be integrated on a phased
basis.
3.3 Additional Functions
The establishment of the Agency presents a significant opportunity to radically rethink and revise
the way we design, commission and deliver services for all children, young people and families in
Ireland. The Alliance recommends that two core principles underlie the Agency’s work, in particular,
a children’s rights and prevention and early intervention approach. While it is difficult to mandate
for the principles of early intervention in law because it represents an approach to service provision
that may differ on a case-by-case basis, it is possible to legislate for a preventative and children’s
rights approach. In particular, the Alliance is calling for the inclusion of a new function requiring the
Agency to prevent harm to a child including from all forms of neglect and abuse. There are many
examples of public sector reforms where ‘prevention’ as a principle has been legislated for. In
particular section 7(1)(e) of the Garda Síochána Act outlines the functions of the Gardaí and specifies
that the prevention of crime is one of those functions.
The UN Committee on the Rights of the Child has emphasised that child protection must begin with
proactive prevention.16 Protection and prevention are not two separate endeavours; providing
comprehensive prevention services should be an integral part of any system that seeks to protect
children from harm. A rights-based approach to child protection starts with prevention and builds
children’s capacity to protect themselves, enhances their understanding of their right to protection,
14
Institute of Community Health Nursing (2013) ‘Best Option for Children’: Discussion Paper on Child Health.
Dublin: ICHN.
15
16
Ibid, p 45.
UN Committee on the Rights of the Child (2011) General Comment No.13: The right of the child to freedom from all
forms of violence, CRC/C/GC/13, I.3. (e) and (g); and also Recommendation 37(c) of the Committee on the Rights of the
Child (2006) Concluding Observations of the United Nations on Ireland.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
and ensures their views are heard and taken into account. Central to an early intervention and
preventive approach is the right of a child to be cared for by his or her parents,17 and not to be
separated from their parents unless it is in their best interests.18
Recommendation:
 Expand the functions outlined under Section 8, to include an obligation to:
Ensure the prevention of harm to a child from all forms of neglect and abuse.
3.4 Supporting Families
The Schedule to the Bill outlines specific definitions for a family and couple. We welcome the broad
definition of family in the Bill which includes family members such as grandparents, step-parents and
siblings including step or half-siblings or “any other person who, in the opinion of the Agency, has a
bona fide interest in the child”. Likewise, we welcome that the definition of couple is not limited to a
married couple but refers to co-habiting couples as well as same-sex couples and civil partners. We
feel these definitions recognise and better reflect the diverse range of families living in Irish society
today.
Section 8 provides that the functions of the Agency in relation to family support will comprise those
transferred from the Family Support Agency Act under Section 72 (Section 8(1)(a) and the provision
that Agency will “support and encourage the effective functioning of families” (Section 9(1)(c)).
However, given the fact that some of the functions listed in the Family Support Agency Act such as
the Family Mediation Service are no longer under the aegis of the Family Support Agency, the
current Bill represents an opportunity to update and expand upon the functions which the new
Agency will have in relation to all families who require support services.
We feel the family support function of the Agency could be expanded within the Bill and the
principle contained in the constitutional amendment needs to be reflected in statutory law; namely
that there is an onus on the State to provide more supports to families in crisis before considering
taking a child into care. The constitutional amendment introducing Article 42A.2.1 comprises three
key elements – it refocuses the provision on the child’s “safety or welfare”, maintains the phrase
“[i]n exceptional cases” and inserts the term “proportionate”. The proportionality test will require
that any action taken constitutes the minimum intervention necessary to secure the child’s “safety
or welfare” and is one that interferes least with the constitutional rights of the child’s parents under
Articles 40, 41 and 42. Furthermore, when a child is placed in care, the onus should be on the State
to take all actions necessary to ensure that the child is able to return to his or her family at the
earliest opportunity, with the proviso that this is in the child’s best interests.
Recommendation:
 The activities comprising family support should be set out in a new subsection to be inserted
after Section 8(2).
17
18
Under the UN Convention on the Rights of the Child, the term ‘parent’ is interpreted to mean genetic, birth and
psychological parent, the latter referring to a person who is not biologically related to the child but cares for the child
for significant periods of their childhood as they are ‘intimately bound up in children’s identity’ and identity rights.
UN Convention on the Rights of the Child, A/RES/44/25 (20 November 1989), Art. 9.
11
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
3.5 Educational Welfare
Section 72 of the Bill provides for the transfer of the functions of the National Educational Welfare
Board to the Agency, and this Agency function is referred to in Section 8(1). Section 8(1)(b) and (c)
further elaborate on the functions of the Agency in relation to family support and the “development,
welfare and protection of children”. Educational welfare may be implicitly included in the latter
phrase. However, we believe that the Bill would benefit from a more explicit acknowledgment of the
importance of education welfare. The link between school non-attendance and child welfare
concerns is well known. It is also critically important to recognise educational welfare services as a
route for identifying other underlying child protection issues in a child’s life. We believe the greater
visibility of the issue of education welfare would also help ensure buy-in from staff within the
National Education Welfare Board.
Recommendations:
 The role of educational welfare within the Agency should be described in a new subsection
to be inserted after Section 8(2).
Or alternatively

Section 8(1)(b)could be amended to read:
[…] support and promote the educational welfare, development, welfare and
protection of children.
12
Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
4. Best Interests and Views of the Child
4.1 Best Interests
Section 9(1) of the Bill specifies that the Agency when making decisions in performing its functions
under sections 8(1)(a), (b) or (c) shall “have regard to the best interests of the child in all matters.” In
practice this means when the Agency is performing its functions which are being transferred from
the Family Support Agency, Education Welfare Board and the Health Service Executive, it will have to
pay due regard to the best interests of the child. The principle also applies to its functions in
supporting and promoting the development, welfare and protection of children and supporting and
encouraging the effective functioning of families. This is a very welcome development and
represents a major evolution in adopting a children’s rights approach in public sector reform.
However, the Alliance questions how this principle will operate in practice as there is nothing
specific in the legislation on this. The best interests principle is interpretative in character and
decision-makers need guidance on how to interpret it in practice.
The provision itself actually falls short of Article 3(1) of the UN Convention on the Rights of the child
which states that:
In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration.
The Committee on the Rights of the Child issued a general comment19 to clarify the meaning of this
principle in 2013 and stated that it has a three-fold meaning. The best interests principle is:
(a) A substantive right: The right of the child to have his or her best interests
assessed and taken as a primary consideration when different interests are
being considered in order to reach a decision on the issue at stake, and the
guarantee that this right will be implemented whenever a decision is to be
made concerning a child, a group of identified or unidentified children or
children in general. Article 3, paragraph 1, creates an intrinsic obligation for
States, is directly applicable (self-executing) and can be invoked before a court.
(b) A fundamental, interpretative legal principle: If a legal provision is open to
more than one interpretation, the interpretation which most effectively serves
the child’s best interests should be chosen. The rights enshrined in the
Convention and its Optional Protocols provide the framework for interpretation.
(c) A rule of procedure: Whenever a decision is to be made that will affect a
specific child, an identified group of children or children in general, the decisionmaking process must include an evaluation of the possible impact (positive or
negative) of the decision on the child or children concerned. Assessing and
determining the best interests of the child require procedural guarantees.
Furthermore, the justification of a decision must show that the right has been
explicitly taken into account. In this regard, States parties shall explain how the
right has been respected in the decision, that is, what has been considered to
be in the child’s best interests; what criteria it is based on; and how the child’s
interests have been weighed against other considerations, be they broad issues
of policy or individual cases.
The Alliance believes that Section 9(1) of the Bill could be strengthened by adopting the UN
Convention standard namely that the best interests should be a primary consideration in all matters
19
UN Committee on the Rights of the Child (2013) General Comment No. 14: The right of the child to have his or her best
interests taken as a primary consideration (art. 3, para. 1), CRC/C/GC/14
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
affecting children. Adopting this standard would offer greater clarity to Agency staff on how the
principle should be interpreted in practice and would lead to better outcomes for all children.
Section 9(1) of the Bill also states that when the Agency is exercising its functions under the Child
Care Act 1991 or the Adoption Act 2010, it will “regard the best interests of the child as the
paramount consideration”. In reality this means that the best interests of the child are the only
consideration for the Agency when exercising their functions under the Child Care Act 1991 and the
Adoption Act. This aspect of the Bill is very welcome and complies with standards laid out the UN
Convention on the Rights of the Child which states the best interests should be paramount in
adoption, guardianship and protection cases.20
Section 19 of the Adoption Act 2010, already refers to the ‘welfare’ of the child as ‘paramount’.
Similarly in relation to the Child Care Act 1991, Section 3 which provides a duty on the Health Board
to “regard the welfare of the child as the first and paramount consideration” when performing the
function of promoting the welfare of children in its area who are not receiving adequate care and
protection. Section 24(a) of the Child Care Act 1991 also includes an explicit obligation on courts in
care and protection cases to “regard the welfare of the child as the first and paramount
consideration”. We welcome the inclusion of ‘best interest’ in this part of the Bill which better
reflects the language used in the UN Convention on the Rights of the Child.
Recommendation:
 Section 9(1) should be amended to read:
The Agency shall, in performing its functions under section 8(1) in respect of an individual
child or family, regard the best interests of the child as a primary consideration.
20
UN Convention on the Rights of the Child, A/RES/44/25 (20 November 1989), Article 3.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
4.2 Views of the Child
Article 12 of the UN Convention on the Rights of the Child makes clear that:
1. States Parties shall assure to the child who is capable of forming his or her own views the
right to express those views freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in
any judicial and administrative proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with the procedural rules of
national law.
The right of all children to be heard and taken seriously constitutes one of the fundamental values of
the Convention. The UN Committee on the Rights of the Child emphasises that article 12 imposes no
age limit on the right of the child to express her or his views, and discourages States parties from
introducing age limits either in law or in practice which would restrict the child’s right to be heard in
all matters affecting her or him. In this respect, the Committee underlines the following:
21
22
23

First, in its recommendations following the day of general discussion on implementing
child rights in early childhood in 2004, the Committee underlined that the concept of
the child as rights holder is: “... anchored in the child’s daily life from the earliest
stage”.21 Research shows that the child is able to form views from the youngest age,
even when she or he may be unable to express them verbally.22 Consequently, full
implementation of article 12 requires recognition of, and respect for, non-verbal forms
of communication including play, body language, facial expressions, and drawing and
painting, through which very young children demonstrate understanding, choices and
preferences.

Second, it is not necessary that the child has comprehensive knowledge of all aspects of
the matter affecting her or him, but that she or he has sufficient understanding to be
capable of appropriately forming her or his own views on the matter.

Third, States parties are also under the obligation to ensure the implementation of this
right for children experiencing difficulties in making their views heard. For instance,
children with disabilities should be equipped with, and enabled to use, any mode of
communication necessary to facilitate the expression of their views. Efforts must also
be made to recognize the right to expression of views for minority, indigenous and
migrant children and other children who do not speak the majority language.

Lastly, States parties must be aware of the potential negative consequences of an
inconsiderate practice of this right, particularly in cases involving very young children, or
in instances where the child has been a victim of a criminal offence, sexual abuse,
violence, or other forms of mistreatment. States parties must undertake all necessary
measures to ensure that the right to be heard is exercised ensuring full protection of
the child. 23
CRC/C/GC/7/Rev.1, para. 14.
Innocenti Research Centre, Cf. Lansdown G., (2005) “The evolving capacities of the child”, Florence: UNICEF/Save the
Children.
Para 16 (CRC/C/GC/12).
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
Section 9(3) of the Agency Bill introduces a new provision requiring to the Agency when “planning
and reviewing the provision of services in connection with the performance of functions which are
being transferred from the Family Support Agency, Education Welfare Board and the Health Service
Executive, it will “ensure that consideration is given to the views of children as part of any
consultation processes undertaken”. This provision is welcome in that it obliges the Agency to take
account of the views of children in its consultation exercises when planning and reviewing certain
services. However, what happens when it does not plan any consultations? The provision does not
put an onus on the Agency to organise consultations per se. It is possible therefore if the Agency
decides not to consult at all when planning and reviewing its services, it will not be in contravention
of this provision. The Alliance recommends therefore imposes an obligation on the Agency to consult
widely when planning and reviewing provision of services in connection with its functions being
transferred from the Family Support Agency, Education Welfare Board and the Health Service
Executive.
Section 9(4) of the Bill provides that the Agency:
[…] shall in performing its functions in respect of an individual child under the Child Care Act
1991 or the Adoption Act 2010 ensure that the views of that individual child, where that
child is capable of forming and expressing his or her views, be ascertained and given due
weight having regard to the age and maturity of the child.
Currently Section 3(2)(ii) of the Child Care Act 1991 provides that when a health board is performing
its functions to promote the welfare of children when they are not receiving adequate care and
protection, it shall “in so far as is practicable, give due consideration, having regard to his age and
understanding, to the wishes of the child”. Section 24(b) of the Child Care Act 1991 also includes an
explicit obligation on courts in care and protection cases to “in so far as is practicable give due
consideration having regard to his age and understanding, to the wishes of the child”.
Section 9(4) in the Agency Bill is stronger than the existing obligations in the Child Care Act because
it places an obligation on the Agency to seek out the views of the individual child when performing
its functions under the Child Care Act and Adoption Act. This is incredibly important as a major
failing uncovered in the Child Deaths Report24 was the failure of social workers to properly consult
with children in the care or in contact with the Health Service Executive. However, it is disappointing
that this legal obligation pertains solely to the Agency’s functions under the Child Care Act and the
Adoption Act. The Agency will be taking up the functions of the Family Support Agency and the
Education Welfare Board and will be working with individual children here too and yet the obligation
does not extend to these areas.
A 2011 report on children’s rights commissioned by the Ombudsman for Children, analysing ten
cases which came before the Office, found that “the individual children appeared to be largely
invisible in the decision-making process”.25 In her 2012 Annual Report, the Ombudsman for Children,
Emily Logan, highlighted the lack of awareness amongst decision-makers of the detrimental impact
that administrative decisions can have on children and their families. She criticised how these
decisions were made with little or no regard for children’s rights noting :“[i]n particular, the
parameters of the child’s best interests and the child’s right to be heard were not used to guide
administrative decision making to any great extent, if at all”.26 Logan cites cases involving a lack of
access to education, separating children from their parents and cases where children could not
access necessary therapeutic equipment recommended by health professionals, due to bureaucratic
processes. It is important to ensure the administrative decisions taken by all Agency employees
24
25
26
Dr. G. Shannon and N. Gibbons (2012) Report of the Independent Child Death Review Group, Dublin: Department of
Children and Youth Affairs.
Dr. U.Kilkelly (2011) A Children’s Rights Analysis of Investigations, Dublin: Ombudsman for Children’s Office, p. 5.
Ombudsman for Children (2013) Annual Report 2012, Dublin: Ombudsman for Children’s Office.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
impacting on individual children’s lives will be covered by Section 9. As stated above, this should
apply in all cases of very young children as well as non-verbal children. While we acknowledge that it
may be difficult to obtain these views, there is an onus on the Agency to be proactive in seeking the
views of the child concerned.
Individual practitioners may as a matter of good practice hear the view of the child and consider
what is in the child’s best interest. However, there is no duty under the Education (Welfare) Act
2000, the Family Support Act 2001 or the Health Act 2004 on practitioners to do so. Examples of
cases where the worker under the Bill has no legislative obligation to hear the views of the child
include an education welfare officer engaging with a lone parent in relation to her 13 year old child’s
non-attendance at school or a family support worker working with a homeless family, who is faced
with splitting up the family members in an effort to find them accommodation.
Recommendations:
Section 9(3) should be amended to read:
The Agency shall consult when planning and reviewing the provision of services in connection
with the performance of functions under section 8(1)(a), (b) or (c) where relevant, and
ensure that due consideration is given to the views of children as part of any consultation
processes undertaken.
Section 9(4) should be amended to read:
The Agency shall, in performing its functions in respect of an individual child under section 8
ensure that the views of that individual child, where that child is capable of forming his or her
own views, be ascertained and given due weight with regard to the age and maturity of the
child.
4.3 Equality/Non-Discrimination
The Agency will work with and provide services and support to a broad range of individuals, families
and communities living in Ireland including migrants, black and ethnic minority people, people with
disabilities, older people, the Traveller and Roma communities and Lesbian, Gay, Bisexual and
Transgender (LGBT) people. While it is acknowledged that the Agency will be required to provide
services to these groups without discrimination under Equal Status Acts 2000-2012,27 we believe
that an explicit reference should be made to the principles of equality and non-discrimination.
Section 8 should explicitly prohibit discrimination in the accessibility of services and the quality of
support provided to children and families. This provision would be in line with Article 2 of the UN
Convention on the Rights of the Child on non-discrimination.28 This would reflect the Agency’s
existing obligations under the Equal Status Acts 2000-2012. The inclusion of such a provision would
provide a signpost internally to Agency staff and externally to service users/beneficiaries, that the
Agency is committed to providing its services without discrimination to all people.
Recommendation:
 A new subsection should be included after subsection 8(5) which provides that:
In the performance of its functions, the Agency shall have regard to the principles of equality
and non-discrimination
27
28
Equal Status Act 2000, Section 5.
UN Convention on the Rights of the Child, A/RES/44/25 (20 November 1989).
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
5. Governance
Part 3 (Board of Agency) and Part 4 (Chief Executive Officer) set out the governance arrangements
for the Agency.
5.1 Board Composition
Section 19 (Membership of Board of Agency) sets out the composition of the Agency’s Board, which
will comprise a chairperson, deputy chairperson and seven ordinary members, each appointed by
the Minister. Section 19(2) states that the Minister will appoint persons who “have experience of,
and expertise in (a) matters connected to the functions of the Agency, or (b) matters connected to
organisational governance, management or public administration.” The Bill does not specify the
type of “experience” or “expertise” referred to in Section 19(2). The Alliance believes that the
inclusion of specified professional backgrounds would be beneficial to guard against inappropriate
political appointments. Such professionals will provide the Board with a valuable understanding of
how its services are delivered and how professionals interact with each other. Section 98(3) of the
Adoption Act 2010 specifies, for example, the inclusion on the Adoption Authority of Ireland of “a
social worker with experience in adoption practice [… and] a barrister or solicitor with experience in
child welfare, child protection or both”. It is acknowledged that if the categories set out in the Bill
are too specific it may lead to difficulties in filling Board posts. Hence, the Alliance’s
recommendation frames the skill sets in a broad manner and has named five skill sets for three
seats.
Recommendation:
 A new subsection should be included after Section 19(4) requiring that the Board should
always include three individuals with experience or knowledge of the legal environment as it
pertains to children and families; the disciplines of child protection, psychology, family
support and therapeutic services.
5.2 Interdepartmental Input
While the Agency will have to report to the Minister for Children and Youth Affairs, the functions of
the Agency will involve areas under the remit of other ministries. Section 13(2)(f) (Annual report)
and Section 41(3) (Performance framework) provide that the Agency and the Minister for Children
and Youth Affairs may consult the Minister for Health and the Minister for Education and Skills in
relation to the Agency’s Annual Report and Performance Framework. We acknowledge that these
two Ministers may have a particular interest given the Agency comprises bodies which were
previously under their remit. However, we consider these provisions to be too narrowly framed. The
Agency’s work clearly connects to other ministries, for example the Minister for Justice and Equality
(children before the courts and in the immigration system) and Minister for the Environment,
Community and Local Government (children of families in homeless accommodation).
Recommendations:
 Section 13(2)(f) should be amended to read:
…after consulting any Minister may require…

Section 41(3) should be amended to read:
The Minister may consult with any Minister before …
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
5.3 Relationship between the Minister and the Agency
In line with good practice the Board will be accountable to the Minister, and the Chief Executive will
be accountable to the Board, with corresponding lines of communications. In one section within the
Bill this relationship is not clear and in another it is inconsistent.
Recommendations:
 Section 47(1) and 48(1) should be amended to clarify that the Minister may issue guidelines
to “the Board of the Agency” as opposed to the current wording “to the Agency”, which may
imply that the guidelines could be issued to Agency’s Chief Executive.
 Section 47(4) should be amended to create a line of accountability between the Minister and
the Chairperson, not the Minister and the Chief Executive as currently provided for.
5.4 Ministerial Direction or Guideline
Section 47 (Power of Minister to give direction to Agency) empowers the Minister to give direction
to the Agency concerning any matter relating to this Act or other enactment, and any policy or
objective of the Minister or the Government. The Agency shall comply with such a direction. The
Chief Executive is mandated to inform the Minister of the measures taken by the Agency to comply
with the ministerial direction.
Section 48 (Power of Minister to issue guidelines to Agency) empowers the Minister to issue
guidelines to the Agency at any time in relation to “(a) additional policy guidance or changes in
policy, and (b) changes in prioritisation of business plan commitments”, and that the Agency shall
have regard to these guidelines in performing its functions.
Recommendations:
 Section 47(5) provides that the ministerial direction “shall not interfere with the existence of
professional judgment in a particular case”. A similar provision should be provided for under
Section 48 (if both sections remain)

In addition, a provision should be added to both Sections 47 and to provide that the
direction “must be in accordance with Section 8 and Section 9”.
5.5 Relationship with the Voluntary Sector
Section 56 provides for the relationship between the Agency and voluntary bodies involved in the
provision of child and family support service. Section 59 also deals with assistance for voluntary
bodies including in the promotion of community development (s.59(8)(b) or any ancillary services to
either of these (s.59(8)(c). Part 8 will therefore be particularly relevant to some of the Alliance’s
member organisations which are involved in service provision. It is the understanding of the Alliance
that these provisions replace sections 38 and 39 of the Health Act 2004 incorporating Section10 of
the Child Care Act 1991.
Section 56(1) allows the Agency to enter into an arrangement with a voluntary body for the
provision of child and family services. An organisation which has a service-level agreement under
Section 56 of the Bill is not precluded from availing of assistance under Section 59.
Section 56(13) allows the Minister to impose requirements relating to the expenditure of the body
or the service provision where the body is providing these. Section 56(6) allows the Agency to
monitor these. While it is important that the Agency ensures that its funding is being used
appropriately and for its intended aim, it is also essential that any requirements imposed under this
section are proportionate, and not so onerous that they would interfere with the independence of
the body or prevent it from carrying out its essential services.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
Sections 56(8) and 56(9) deal with how the voluntary body will comply with any requirements or
requests for information from the Agency while Section 56(10) allows the Agency to refuse further
funding of a service if it feels that the voluntary organisation has not complied with such
requirements or requests for information. The Alliance believes that a right of appeal should be
included to ensure that proper safeguards are put in place and that the system is fair and
transparent. A sub-committee of the Board could be established for this purpose.
Section 56 of the current Bill repeals Sections 38 and 39 of the Health Act 2004 which incorporates
Section 10 of the Child Care Act 1991. It is extremely important given the significant contribution
made by the community and voluntary sector in achieving the objectives of the Agency. Many of the
services currently provided to children and families are provided on behalf of the State by the
community and voluntary sector, which is wholly or partly funded by the State for this work. For
example, the Family Support Agency currently funds over 600 voluntary and community
organisations to provide counselling services to couples and families.
Recommendations:
 In performing its functions under Section 56 the Agency may not interfere with the
independence or general business of a voluntary body.
 Where a decision has been made not to give further assistant to a voluntary body under
section 59(6) and 59(7), they shall be entitled to appeal that decision to Sub-Committee of
the Board constituted for this purpose.
Transparency on decision-making: While acknowledging that establishing a procurement process
with service providers would hamper the Agency’s responsiveness, transparency is needed in terms
of how decisions in relation to arrangements with service providers are made. Consultation with
service providers should also take place to ensure effective cooperation. In any decision taken to
cease funding or to close a particular service, the children (service-users) should be transferred to
another appropriate service so that they are never left without an alternative arrangement.
Recommendation:
 Include a provision that the criteria used by the Agency to guide its decisions in relation to
the development, expansion or reduction of services, whether provided by a voluntary body
or service provider, should be based on the needs of the children concerned. In the interests
of transparency they should also be made public. In the event of the closure of a service, the
legislation should include a protective provision that a child shall be transferred to another
appropriate service prior to the closure.
Best interests and views of the child: In the commissioning agreement between the Agency and a
third party under Sections 56, 57, 58 and 59, the third party should be required to comply with
Section 9 (Best interests and views of the child).
Recommendation:
 Amend Sections 56, 57, 58 and 59 to include the following provision:
A service provider shall operate in compliance with section 9 where applicable.
Multi-annual Budget: For not-for-profit organisations to provide a high-quality and efficient service
multi-annual funding must be available. This will allow the organisation to plan for this period, retain
high-quality staff and negotiate better services contracts. It will also allow continuity of service for
children and families.
Recommendation:
 Consideration should be given as to whether or not an amendment is needed to the current
Bill to enable the Agency to enter into arrangements with a multiannual budget under
Sections 56, 57, 58 and 59.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
6. Inter-Agency Cooperation
A key driver for the establishment of the Agency was the 2012 Report of the Independent Child
Death Review Group which identified systematic failings which endanger children.29 These failings
have been echoed in numerous reports, including the 2013 HIQA report into foster care in north
Dublin.30 They include:
 Poor interagency co-operation,
 Weak management, culture of avoiding accountability, poor record keeping,
 Voice of the child being absent from decision-making,
 Lack of effective family support and mental health services.
To improve outcomes for children we must integrate the learning from past failures into the design
of the Agency. A robust legislative framework to enable inter-agency cooperation is absolutely
critical. It is our view that provisions within the Bill could be stronger to adequately establish a
structure for the integration of services and the effective cooperation and exchange of information
within the Agency and between it and other bodies.
6.1 Inter-Agency Cooperation
Section 8(8) provides that the Agency shall promote “inter-agency cooperation to ensure that
services for children are co-ordinated and provide an integrated response to the needs of children
and their families.” Section 50(2) refers to the code of governance which should refer to the
integration of the different bodies coming under the remit of the Agency:
The first code of governance shall include details of the methods to be used to bring about
the integration of the governance systems deriving from a transfer of functions to the
Agency from—
(a) the Health Service Executive, and
(b) the dissolved bodies.
However, given that not all of the key services may be subsumed into the Agency on enactment,
there must be a clear outline of how the Child and Family Support Agency will interact with other
relevant bodies. As inter-agency and intra-agency cooperation is one of the core objectives of the
Agency, and a key driver for its establishment, it should be given more prominence within the Bill.
The text should also be amended to include ‘intra-agency’ co-operation.
Recommendations:
 Move Section 8(8) to either Section 8(1) after (d) or to Section 8(2).

Amend Section 8(8) to read:
The Agency shall promote enhanced inter-agency and intra-agency cooperation to ensure
that services for children are co-ordinated and provide an integrated response to the needs
of children and their families.
Section 8(8) is most welcome, however, the mechanisms of how it will be delivered is not mapped
out within the Bill. Currently lack of interagency cooperation is seriously hampering the provision of
services to children and young people. The Roscommon Child Care case review indicated there were
29
30
Dr. G. Shannon & N. Gibbons (2012), Report of the Independent Child Death Review Group. Dublin: Department of
Children and Youth Affairs.
Health Information and Quality Authority (2013), Inspection of the HSE Dublin North West Local Health Area Fostering
Service in the HSE Dublin North East Region. Dublin: Health Information and Quality Authority.
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs
serious issues in relation to services interacting with each other in the best interests of the children.
The Alliance recommends an additional provision requiring the Agency to develop protocols to give
effect to Section 8(8). In particular the protocols could:



Set out how different professionals within the Agency will be mandated to work together on
cases.
A mechanism should be put in place to notify Agency staff that they are working with the
same child/family.
Once two or more staff members know they are working with the same child/family, a clear
outline should be agreed on how they will work together including whether an update
meeting is necessary, who will lead the process and which professional will have priority in
relation to the case.
To work together, the workers must be able to share data so it is important that the Protocol
clarifies the circumstances under which a social worker can share details of their case work with a
particular child, with an education welfare officer and a community psychologist who are also
working with the same child or his or her family. The Protocol could also allow for information to be
shared with the social worker. It should also set out how the Agency can work with other external
bodies which play a role in a child’s life and may have to interact with the Agency in their work. At
the same time, the Protocol must comply with Ireland’s data protection obligations.
Recommendations:
 The Alliance recommends an amendment to Section 8 requiring the Agency to develop
protocols to give effect to Section 8(8).
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Children’s Rights Alliance (September 2013) Submission on the Child and Family Agency Bill 2013 to the Department of
Children and Youth Affairs