The Children Act 1989 Representations Procedure (England) Regulations 2006
2006 No. 1738
CHILDREN AND YOUNG PEOPLE, ENGLAND
The Children Act 1989 Representations Procedure (England) Regulations 2006
Made 29th June 2006
Laid before Parliament 7th July 2006
Coming into force 1st September 2006
The Secretary of State for Education and Skills, in exercise of the powers conferred by sections 24D(1A), 24D(2), 26(3A), 26(3B), 26(3C), 26(4A), 26(5), 26(5A), 26(6), 26A(3)(b), 59(4), (5) and (6), and 104(4) of, and paragraph 6(2) of Schedule 7 to, the Children Act 19891makes the following Regulations:
PART 1
Introductory
Citation, commencement and application
1.—(1) These Regulations may be cited as the Children Act 1989 Representations Procedure (England) Regulations 2006 and come into force on 1st September 2006.
(2) These Regulations apply to England only.
Interpretation
2. In these Regulations—
“the Act” means the Children Act 1989;
“the 2002 Act” means the Adoption and Children Act 20022;
“advocacy services” means assistance provided under arrangements made by a local authority under section 26A(1) of the Act;
“advocate” means a person who provides assistance under arrangements made by a local authority under section 26A(1) of the Act;
“complainant” means a person making representations to a local authority under section 24D or 26 of the Act;
“independent person” means a person who is neither a member nor an officer of the local authority to which the representations have been made, nor the spouse or civil partner of such a person;
“working day” means a day which is not a Saturday, Sunday, Christmas Day, Boxing Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 19713.
PART 2
Representations – specified functions
Specified functions under Parts 4 and 5 of the Act
3.—(1) For the purposes of section 26(3A)(b) of the Act, the functions under Parts 4 and 5 of the Act listed in paragraph (2) are specified functions.
(2) The functions are—
(a)
(a) functions under section 31(1) (care and supervision orders);
(b)
(b) functions under section 33(3), (4) and (6) to (9) (effect of care order);
(c)
(c) functions under section 34(6) and (8) (parental contact etc. with child in care);
(d)
(d) functions under section 35(1) and (2) (supervision orders);
(e)
(e) functions under section 43(1) (child assessment orders); and
(f)
(f) functions under section 44(1), (10) and (11) (orders for emergency protection of children).
Specified functions under the 2002 Act
4. For the purposes of section 26(3B) of the Act, specified functions under the 2002 Act are—
(a) the provision of adoption support services as prescribed in regulation 3 of the Adoption Support Services Regulations 20054(for the purposes of this regulation, “the 2005 Regulations”). But the provision of services prescribed in regulation 3(1)(b) of the 2005 Regulations is only a specified function under this regulation in so far as it is to enable groups of adoptive children to discuss matters relating to adoption and in this sub-paragraph “adoptive child” has the same meaning given in regulation 2 of the 2005 Regulations;
(b) functions under Parts 4 and 5 of the 2005 Regulations in so far as they relate to the adoption support services referred to in sub-paragraph (a);
(c) functions under sections 18 to 29 (placement of children by adoption agency for adoption) of the 2002 Act;
(d) functions under sections 30 to 35 (removal of children who are or may be placed by adoption agencies) of the 2002 Act;
(e) functions under sections 36 to 40 (removal of children in non-agency cases) of the 2002 Act;
(f) functions under Part 3 (duties of adoption agency where the agency is considering adoption for a child), Part 5 (duties of adoption agency in respect of a proposed placement of child with prospective adopter), Part 6 (placement and reviews), Part 7 (case records) in so far as those functions relate to a child’s case record as defined in regulation 12 of the Adoption Agencies Regulations 20055, and regulations 46 and 47 (contact) of the Adoption Agencies Regulations 2005;
(g) functions under regulation 10 (requirements applicable in respect of giving parental responsibility prior to adoption abroad) and Chapter 3 (miscellaneous provisions) of Part 3 (adoptions under the Convention) of the Adoptions with a Foreign Element Regulations 20056.
Specified functions under section 14F of the Act
5. For the purposes of section 26(3C) of the Act, specified functions under section 14F of the Act are—
(a) the provision of special guardianship support services under regulations 3(1)(a), (b)(i) and (c) to (e) of the Special Guardianship Regulations 20057; and
(b) functions under Chapter 2 of Part 2 of the Special Guardianship Regulations 2005 in so far as they relate to the special guardianship support services referred to in sub-paragraph (a).
PART 3
Representations – general
Form of representations
6. Representations may be made in writing or orally.
Withdrawal of representations
7.—(1) Representations may be withdrawn orally or in writing at any time by the complainant or, where one has been appointed, by his advocate.
(2) The local authority must write to the complainant and, where one has been appointed, to his advocate to confirm the withdrawal of the representations.
Representations not to be considered
8.—(1) A local authority shall not consider, or further consider, representations under these Regulations to the extent that the representations concern any matter in relation to which—
(a)
(a) the complainant has stated in writing to the local authority that he is taking, or intends to take, proceedings in any court or tribunal;
(b)
(b) the local authority are taking or proposing to take disciplinary proceedings against any person;
(c)
(c) the local authority have been notified that any person is conducting an investigation in contemplation of criminal proceedings; or
(d)
(d) the local authority have been notified that criminal proceedings are pending,
and the local authority decide that consideration, or further consideration, of the representations under these Regulations would prejudice the conduct of any proceedings or investigation falling under this paragraph.
(2) Any proceedings or investigation falling under paragraph (1) shall be referred to for the purposes of this regulation as a “concurrent consideration”.
(3) Where a local authority decide that they should not consider, or further consider, representations in accordance with paragraph (1) the local authority shall as soon as possible give notice in writing to the complainant explaining the reasons for their decision and specifying the relevant concurrent consideration.
(4) Where the concurrent consideration specified in a notice under paragraph (3) has been discontinued or completed the complainant to whom the notice was given may resubmit to the local authority the representations to which the notice relates and, subject to paragraph (5), the local authority shall consider them in accordance with regulations 9 to 20.
(5) Where a complainant resubmits representations in accordance with paragraph (4) he must do so no later than one year after the concurrent consideration is discontinued or completed and accordingly regulation 9(1) shall not apply.
Time limit on making representations
9.—(1) A complainant must make his representations about a matter no later than one year after the grounds to make the representations arose.
(2) But a local authority may consider any representations which have been made outside the time limit specified in paragraph (1) if, having regard to all the circumstances, they conclude that—
(a)
(a) it would not be reasonable to expect the complainant to have made the representations within the time limit; and
(b)
(b) notwithstanding the time that has passed it is still possible to consider the representations effectively and fairly.
Local authority action – general
10. Every local authority must—
(a) appoint one of their officers as a complaints manager to assist the authority in the co-ordination of all aspects of their consideration of representations;
(b) take all reasonable steps to see that everyone involved in the handling and consideration of representations is familiar with the procedure set out in these Regulations; and
(c) deal expeditiously in the handling and consideration of representations under these Regulations.
Local authority action – on receipt of representations
11.—(1) As soon as possible after having received representations a local authority must—
(a)
(a) provide the complainant with—
(i) details of its procedure for considering representations; and
(ii) where relevant, information about advocacy services; and
(b)
(b) offer to the complainant—
(i) assistance and guidance on following the representations procedure or advice on where he may obtain such assistance and guidance; and
(ii) where relevant, help in obtaining an advocate.
Local authority action – where representations made under section 26(3)(e), (3B)(b) or (3C)(c) of the Act
12.—(1) Where a local authority have received representations from a person falling within section 26(3)(e), (3B)(b) or (3C)(c) of the Act, they must as soon as possible decide whether that person has a sufficient interest in the welfare of the child concerned to warrant his representations being considered by them.
(2) In reaching their decision under...
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