The document discusses the implementation of Section 9 of the Child and Family Agency Act 2013, which requires the Child and Family Agency to have regard for the best interests of the child in all matters. It focuses on the Agency's functions under the Education (Welfare) Act 2000. It outlines the key areas of the Child and Family Agency Act, international obligations related to children's rights, and an analysis of how the best interests of children are considered in Irish education law. It raises questions about whether the best interest principle can be fully implemented if students are invisible in education legislation and if giving young people a voice could lead to better outcomes, particularly for the 5,600 students who do not complete secondary education each year.

1. 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.

2. Child & Family Agency

3. 3 Key Areas
1. Child & Family Agency
2. International Obligations
3. Irish Education Law

4. 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

5. 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

6. 2. International Obligations
1. 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.

7. 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………’

8. 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

9. 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?

10. 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?