IECOURTSFamily Law Forms

Official form guide

Form 84.40Q – Warrant To Inspect Premises - Child Care Act 1991, Section 23T (2) (As Inserted By Section 16 Of The Children Act 2001)

This form is a warrant that authorizes inspection of premises under the Child Care Act 1991. It's used when authorities need legal access to inspect premises where children are cared for to ensure compliance with child care regulations.

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Form Overview

Courts Service of Ireland - Form 84.40Q – Warrant To Inspect Premises - Child Care Act 1991, Section 23T (2) (As Inserted By Section 16 Of The Children Act 2001)

This form is a warrant that authorizes inspection of premises under the Child Care Act 1991. It's used when authorities need legal access to inspect premises where children are cared for to ensure compliance with child care regulations.

The form captures details about the premises to be inspected, the grounds for inspection, the specific areas to be examined, and the legal authority under which the inspection is being conducted.

Risk Radar

Scan points
  • 1The most common mistake is providing insufficient grounds for inspection, which can lead to the warrant being denied by the court.
  • 2Incorrect premises details could lead to inspection of wrong location
  • 3Insufficient grounds for inspection may result in warrant being rejected
  • 4Missing required signatures or court approval renders warrant invalid
  • 5Exceeding scope of warrant during inspection may lead to legal challenges

Plain English

This form gives officials legal permission to enter and check places where children are cared for. It's not something ordinary people would use themselves, but rather a tool used by authorized inspectors to ensure children are safe and properly cared for.

Submission Date

  • Filing date: Warrants should be applied for as soon as there are reasonable grounds for inspection, but must be executed within the timeframe specified by the court, typically within 28 days of approval.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use when seeking legal authority to inspect premises where children are cared for
  • Required when inspectors need to enter premises without consent
  • Necessary for inspections beyond routine visits or those without prior notice
  • Essential when investigating potential child welfare concerns
  • Required for inspections under specific powers granted by the Child Care Act

Form selector

Use this form or another form?

Routine inspection without warrant

No court approval needed

✓ Check if inspection qualifies for routine visit

Form 84.40A

Emergency protection of child

Immediate action required

✓ Verify child is in immediate danger

Form 84.40B

Child assessment order

Assessment of child's welfare

✓ Ensure child's situation doesn't require immediate protection

Form 84.40C

Care order application

Court orders for child's care

✓ Check if this is about ongoing care arrangements

Form 84.40D

Supervision order application

Court-monitored care arrangements

✓ Determine if ongoing supervision is needed

Form 84.40E

Deadline or filing window

Warrants should be applied for as soon as there are reasonable grounds for inspection, but must be executed within the timeframe specified by the court, typically within 28 days of approval.

Before you submit

  1. 1All premises details are accurate and complete
  2. 2Specific grounds for inspection are clearly stated
  3. 3Authorized inspectors are properly identified
  4. 4Court approval section is completed
  5. 5Warrant number is recorded
  6. 6Expiration date is set appropriately
  7. 7All required signatures are present

How to file this form

  1. 1Complete the warrant application with all required details
  2. 2Submit the application to the District Court
  3. 3Obtain judicial approval for the warrant
  4. 4Record the warrant number and approval date
  5. 5Execute the warrant within the specified timeframe
  6. 6Document the inspection findings
  7. 7File a report of the inspection with the court

Known limitations

  1. 1The warrant only authorizes inspection of specified premises
  2. 2It does not grant powers beyond those outlined in the warrant
  3. 3Inspections must be conducted during reasonable hours
  4. 4The warrant may be challenged if grounds are insufficient
  5. 5It does not authorize removal of children or property without additional orders

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This form is current as of the Children Act 2001 amendments to the Child Care Act 1991. No recent changes have been confirmed in official sources.

What changed or needs a fresh check

  • Verify the form references the correct legislation (Child Care Act 1991 as amended)
  • Check that all court approval sections are properly completed
  • Ensure warrant number matches court records
  • Confirm expiration date is appropriate for the inspection purpose
  • Validate that authorized inspectors are correctly identified

Quick Facts

This form is completed and submitted by authorized officials from the Child Care unit of the Health Service Executive (HSE) or other designated child welfare authorities seeking inspection powers.
The form captures details about the premises to be inspected, the grounds for inspection, the specific areas to be examined, and the legal authority under which the inspection is being conducted.
This form should be submitted when there are reasonable grounds to believe that a child may be at risk or that child care regulations are being violated in the premises to be inspected.
The completed warrant form would be submitted to the District Court or relevant court authority for approval before being executed for inspection purposes.
Submitting correctly ensures the inspection has proper legal standing, protecting both the inspecting authorities and the rights of those whose premises are being inspected. Errors could lead to legal challenges against the inspection findings.
Complete all sections with accurate details about the premises and inspection grounds. Attach any supporting evidence for the inspection request. Submit to the appropriate court for judicial approval. Once approved, the warrant can be executed by authorized officials.

Form Details

Revision date
18/10/25

Downloads & source

Fill Form Form 84.40Q – Warrant To Inspect Premises - Child Care Act 1991, Section 23T (2) (As Inserted By Section 16 Of The Children Act 2001)

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Sources

  • SRCForm issued by Courts Service of Ireland
  • SRCBased on Child Care Act 1991, Section 23T (2)
  • SRCAmended by Section 16 of the Children Act 2001
  • SRCNot confirmed in official source if recent updates exist
  • SRCNot confirmed in official source which specific court handles these warrants
  • SRCNot confirmed in official source if digital submission is available
  • SRCNot confirmed in official source if there are fees associated with filing

Common confusion points

Confusing this form with routine inspection forms that don't require court approval

Uncertainty about what constitutes sufficient grounds for inspection

Misunderstanding who is authorized to execute the warrant

Confusion about the scope of inspection allowed under the warrant

Unclear about the timeframe for executing the approved warrant

Misunderstanding the difference between inspection and removal powers

Confusion about post-inspection reporting requirements

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