The Children Act 1989 Representations Procedure (England) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1738 |
| Year | 2006 |
(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.In these Regulations— (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.functions under section 31(1) (care and supervision orders) ;functions under section 33(3) , (4) and (6) to (9) (effect of care order) ;functions under section 34(6) and (8) (parental contact etc. with child in care) ;functions under section 35(1) and (2) (supervision orders) ;functions under section 43(1) (child assessment orders) ; andfunctions under section 44(1) , (10) and (11) (orders for emergency protection of children) .the provision of adoption support services as prescribed in regulation 3 of the Adoption Support Services Regulations 2005
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) ; functions under sections 18 to 29 (placement of children by adoption agency for adoption) of the 2002 Act; functions under sections 30 to 35 (removal of children who are or may be placed by adoption agencies) of the 2002 Act; functions under sections 36 to 40 (removal of children in non-agency cases) of the 2002 Act; functions under Part 3 (duties of adoption agency where the agency is considering adoption for a child) , 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 2005
the provision of special guardianship support services under regulations 3(1) (a) , (b) (i) and (c) to (e) of the Special Guardianship Regulations 2005
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) . Representations may be made in writing or orally. (1) Representations may be withdrawn orally or in writing at any time by the complainant or, where one has been appointed, by his advocate.(2) The local authority must write to the complainant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.the complainant has stated in writing to the local authority that he is taking, or intends to take, proceedings in any court or tribunal;the local authority are taking or proposing to take disciplinary proceedings against any person;the local authority have been notified that any person is conducting an investigation in contemplation of criminal proceedings; orthe local authority have been notified that criminal proceedings are pending,(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.(1) A complainant must make his representations about a matter no later than one year after the grounds to make the representations arose.it would not be reasonable to expect the complainant to have made the representations within the time limit; andnotwithstanding the time that has passed it is still possible to consider the representations effectively and fairly.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; 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 deal expeditiously in the handling and consideration of representations under these Regulations.
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