Children Act 1989

17 E+W

17 [F1 (1) Where it appears to a local authority in relation to any child that they are looking after that— E+W

(a) communication between the child and—

(i) a parent of his, or

(ii) any person who is not a parent of his but who has parental responsibility for him,

has been infrequent; or

(b) he has not visited or been visited by (or lived with) any such person during the preceding twelve months,

and that it would be in the child’s best interests for an independent person to be appointed to be his visitor for the purposes of this paragraph, they shall appoint such a visitor.

(2) A person so appointed shall—

(a) have the duty of visiting, advising and befriending the child; and

(b) be entitled to recover from the authority who appointed him any reasonable expenses incurred by him for the purposes of his functions under this paragraph.

(3) A person’s appointment as a visitor in pursuance of this paragraph shall be determined if—

(a) he gives notice in writing to the authority who appointed him that he resigns the appointment; or

(b) the authority give him notice in writing that they have terminated it.

(4) The determination of such an appointment shall not prejudice any duty under this paragraph to make a further appointment.

(5) Where a local authority propose to appoint a visitor for a child under this paragraph, the appointment shall not be made if—

(a) the child objects to it; and

(b) the authority are satisfied that he has sufficient understanding to make an informed decision.

(6) Where a visitor has been appointed for a child under this paragraph, the local authority shall determine the appointment if—

(a) the child objects to its continuing; and

(b) the authority are satisfied that he has sufficient understanding to make an informed decision.

(7) The [F2 appropriate national authority] may make regulations as to the circumstances in which a person appointed as a visitor under this paragraph is to be regarded as independent of the local authority appointing him.]

Textual Amendments

F1 Sch. 2 para. 17 repealed (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 16(2), 42, 44, Sch. 4; S.I. 2010/2981, art. 4(l)

F2 Words in Sch. 2 para. 17(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 27(2)

Commencement Information

I1 Sch. 2 Pt. II para. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)