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The Children (Northern Ireland) Order 1995
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Changes over time for: SCHEDULE 2
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Changes to legislation:
The Children (Northern Ireland) Order 1995, SCHEDULE 2 is up to date with all changes known to be in force on or before 31 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 2:
- art. 45(2(e) words repealed by 2022 c. 18 (N.I.) Sch. 5
- art. 7(2A)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(2)
- art. 7(2B)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(3)
- art. 10(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(b)
- art. 10(7A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(c)
- art. 14A?-14F and cross-heading inserted by 2022 c. 18 (N.I.) s. 119(1)
- art. 14A(7) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(6)
- art. 14C(1)(b) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(7)(a)
- art. 14C(3)(4) excluded by 2022 c. 18 (N.I.) s. 26(7)(b)
- art. 18(6)-(6C) substituted for art. 18(6) by 2022 c. 18 (N.I.) s. 121(1)
- art. 22(3)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 29
- art. 26(1A) inserted by 2022 c. 18 (N.I.) s. 122(1)
- art. 26A inserted by 2022 c. 18 (N.I.) s. 123
- art. 27(7A) inserted by 2022 c. 18 (N.I.) s. 125(3)
- art. 27(8)(c) and word added by 2022 c. 18 (N.I.) s. 122(2)(b)
- art. 27(9A)-(9D) inserted by 2022 c. 18 (N.I.) s. 124
- art. 28(4) inserted by 2022 c. 18 (N.I.) s. 125(4)
- art. 28A inserted by 2022 c. 18 (N.I.) s. 126
- art. 28B inserted by 2022 c. 18 (N.I.) s. 127
- art. 33(9) added by 2022 c. 18 (N.I.) Sch. 3 para. 31(c)
- art. 34E(1)(d) and word inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(a)(iii)
- art. 34E(3)(4) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(b)
- art. 34F(1)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(a)(i)
- art. 34F(1A)-(1D) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(b)
- art. 34G inserted by 2022 c. 18 (N.I.) s. 129
- art. 34AA inserted by 2022 c. 18 (N.I.) s. 128(1)
- art. 34DA inserted by 2022 c. 18 (N.I.) s. 128(2)
- art. 34DB 34DC inserted by 2022 c. 18 (N.I.) s. 128(3)
- art. 35(1)-(1B) substituted for art. 35(1) by 2022 c. 18 (N.I.) Sch. 3 para. 34(a)
- art. 35(5)(za) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 34(c)
- art. 35D(1)(aa)(ab) inserted by 2022 c. 18 (N.I.) s. 128(4)
- art. 35D(1A) inserted by 2022 c. 18 (N.I.) s. 130(1)
- art. 45(2)(e)(i)(ii) inserted by 2022 c. 18 (N.I.) s. 131(a)
- art. 45(2)(f)(i)-(iii) inserted by 2022 c. 18 (N.I.) s. 131(b)
- art. 45(3A)-(3C) inserted by 2022 c. 18 (N.I.) s. 130(4)
- art. 45(4A) inserted by 2022 c. 18 (N.I.) s. 130(6)
- art. 45(5A) inserted by 2022 c. 18 (N.I.) s. 130(7)
- art. 45A?? inserted by 2022 c. 18 (N.I.) s. 132
- art. 50A?? inserted by 2022 c. 18 (N.I.) s. 134(1)
- art. 53(1)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 38(b)
- art. 53(6A) inserted by 2022 c. 18 (N.I.) s. 135(3)
- art. 53(8)(za) inserted by 2022 c. 18 (N.I.) s. 135(4)
- art. 57(3A) inserted by 2022 c. 18 (N.I.) s. 119(3)
- art. 60(6)(ha) inserted by 2022 c. 18 (N.I.) s. 138
- art. 107(7)(c) added by 2022 c. 18 (N.I.) s. 139(4)
- art. 108(2A) inserted by 2022 c. 18 (N.I.) s. 140(3)
- art. 108(3)(c) and word added by 2022 c. 18 (N.I.) s. 140(4)(c)
- art. 112A inserted by 2022 c. 18 (N.I.) s. 141
- art. 159(1)(c) and word added by 2022 c. 18 (N.I.) s. 119(4)(b)
- art. 165(2)(k) inserted by 2011 c. 24 (N.I.) s. 95(3)
- art. 170(2)-(9A) modified by 2022 c. 18 (N.I.) s. 105(3)
- art. 170(9A) inserted by 2022 c. 18 (N.I.) s. 142
- art. 179(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 42
- art. 183(2A) inserted by 2022 c. 18 (N.I.) s. 130(8)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 45(2(e) words repealed by 2022 c. 18 (N.I.) Sch. 5
- art. 7(2A)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(2)
- art. 7(2B)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(3)
- art. 10(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(b)
- art. 10(7A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(c)
- art. 14A?-14F and cross-heading inserted by 2022 c. 18 (N.I.) s. 119(1)
- art. 14A(7) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(6)
- art. 14C(1)(b) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(7)(a)
- art. 14C(3)(4) excluded by 2022 c. 18 (N.I.) s. 26(7)(b)
- art. 18(6)-(6C) substituted for art. 18(6) by 2022 c. 18 (N.I.) s. 121(1)
- art. 22(3)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 29
- art. 26(1A) inserted by 2022 c. 18 (N.I.) s. 122(1)
- art. 26A inserted by 2022 c. 18 (N.I.) s. 123
- art. 27(7A) inserted by 2022 c. 18 (N.I.) s. 125(3)
- art. 27(8)(c) and word added by 2022 c. 18 (N.I.) s. 122(2)(b)
- art. 27(9A)-(9D) inserted by 2022 c. 18 (N.I.) s. 124
- art. 28(4) inserted by 2022 c. 18 (N.I.) s. 125(4)
- art. 28A inserted by 2022 c. 18 (N.I.) s. 126
- art. 28B inserted by 2022 c. 18 (N.I.) s. 127
- art. 33(9) added by 2022 c. 18 (N.I.) Sch. 3 para. 31(c)
- art. 34E(1)(d) and word inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(a)(iii)
- art. 34E(3)(4) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(b)
- art. 34F(1)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(a)(i)
- art. 34F(1A)-(1D) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(b)
- art. 34G inserted by 2022 c. 18 (N.I.) s. 129
- art. 34AA inserted by 2022 c. 18 (N.I.) s. 128(1)
- art. 34DA inserted by 2022 c. 18 (N.I.) s. 128(2)
- art. 34DB 34DC inserted by 2022 c. 18 (N.I.) s. 128(3)
- art. 35(1)-(1B) substituted for art. 35(1) by 2022 c. 18 (N.I.) Sch. 3 para. 34(a)
- art. 35(5)(za) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 34(c)
- art. 35D(1)(aa)(ab) inserted by 2022 c. 18 (N.I.) s. 128(4)
- art. 35D(1A) inserted by 2022 c. 18 (N.I.) s. 130(1)
- art. 45(2)(e)(i)(ii) inserted by 2022 c. 18 (N.I.) s. 131(a)
- art. 45(2)(f)(i)-(iii) inserted by 2022 c. 18 (N.I.) s. 131(b)
- art. 45(3A)-(3C) inserted by 2022 c. 18 (N.I.) s. 130(4)
- art. 45(4A) inserted by 2022 c. 18 (N.I.) s. 130(6)
- art. 45(5A) inserted by 2022 c. 18 (N.I.) s. 130(7)
- art. 45A?? inserted by 2022 c. 18 (N.I.) s. 132
- art. 50A?? inserted by 2022 c. 18 (N.I.) s. 134(1)
- art. 53(1)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 38(b)
- art. 53(6A) inserted by 2022 c. 18 (N.I.) s. 135(3)
- art. 53(8)(za) inserted by 2022 c. 18 (N.I.) s. 135(4)
- art. 57(3A) inserted by 2022 c. 18 (N.I.) s. 119(3)
- art. 60(6)(ha) inserted by 2022 c. 18 (N.I.) s. 138
- art. 107(7)(c) added by 2022 c. 18 (N.I.) s. 139(4)
- art. 108(2A) inserted by 2022 c. 18 (N.I.) s. 140(3)
- art. 108(3)(c) and word added by 2022 c. 18 (N.I.) s. 140(4)(c)
- art. 112A inserted by 2022 c. 18 (N.I.) s. 141
- art. 159(1)(c) and word added by 2022 c. 18 (N.I.) s. 119(4)(b)
- art. 165(2)(k) inserted by 2011 c. 24 (N.I.) s. 95(3)
- art. 170(2)-(9A) modified by 2022 c. 18 (N.I.) s. 105(3)
- art. 170(9A) inserted by 2022 c. 18 (N.I.) s. 142
- art. 179(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 42
- art. 183(2A) inserted by 2022 c. 18 (N.I.) s. 130(8)
Article 18(2).
SCHEDULE 2N.I.PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIES
Identification of children in needN.I.
1. Every authority shall take reasonable steps to identify the extent to which there are children in need within the authority's area.N.I.
Provision of informationN.I.
2.—(1) Every authority shall publish information—N.I.
(a)about services provided by the authority under Articles 18, 19, 21,[F1 34C to 34E, 35A and 35B]; and
(b)where the authority considers it appropriate, about the provision by others (including, in particular, voluntary organisations) of services which the authority has power to provide under those Articles.
(2) Every authority shall take such steps as are reasonably practicable to ensure that those who might benefit from the services receive the information relevant to them.
[F2Children's services plansN.I.
F2SR 1998/261
2A.—(1) Every Board shall, on or before 31st March 1999—N.I.
(a)review the services provided within its area under Articles 18, 21, 23, 27,[F3 34C to 34E, 35A and 35B]; and
(b)having regard to that review and the most recent reviews under Article 20, prepare and publish a plan for the provision of services under Part IV.
(2) [F4The Department] —
(a)shall review at least once on or before 31st March 2000 and then at least once in each financial year thereafter, the plan prepared F5... under sub-paragraph (1)(b) (as modified or last substituted under this sub-paragraph); and
(b)may, having regard to that review and to the most recent reviews under Article 20, prepare and publish—
(i)modifications (or, as the case may be, further modifications)to the plan reviewed; or
(ii)a plan in substitution for that plan.
(3) In carrying out any review under this paragraph and in preparing any plan or modification to a plan, [F6the Department] shall consult—
(a)every [F7Health and Social Care trust] F8...
[F9(b)the Education Authority]
(c)every district council F10...
(d)such voluntary organisations as appear to [F11the Department] —
(i)to represent the interests of persons who use or are likely to use services provided F12... under Part IV; or
(ii)to provide services F13... which, were they to be provided [F14by an HSC trust] , might be categorised as services provided under that Part;
(e)the Northern Ireland Housing Executive;
(f)the Chief Constable;
(g)the Probation Board for Northern Ireland;
(h)such other persons as appear to [F15the Department] to be appropriate; F16...
F16(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(4)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4Words in Sch. 2 para. 2A(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(2)(a); S.R. 2022/102, art. 2(b)
F5Words in Sch. 2 para. 2A(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(2)(b); S.R. 2022/102, art. 2(b)
F6Words in Sch. 2 para. 2A(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(a); S.R. 2022/102, art. 2(b)
F7Words in Sch. 2 para. 2A(3)(a) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F8Words in Sch. 2 para. 2A(3)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(b); S.R. 2022/102, art. 2(b)
F9Sch. 2 para. 2A(3)(b) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(28) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F10Words in Sch. 2 para. 2A(3)(c) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(c); S.R. 2022/102, art. 2(b)
F11Words in Sch. 2 para. 2A(3)(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(d)(i); S.R. 2022/102, art. 2(b)
F12Words in Sch. 2 para. 2A(3)(d) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(d)(ii); S.R. 2022/102, art. 2(b)
F13Words in Sch. 2 para. 2A(3)(d) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(d)(iii); S.R. 2022/102, art. 2(b)
F14Words in Sch. 2 para. 2A(3)(d) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(d)(iv); S.R. 2022/102, art. 2(b)
F15Words in Sch. 2 para. 2A(3)(h) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(e); S.R. 2022/102, art. 2(b)
F16Sch. 2 para. 2A(3)(i) and word omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(3)(f); S.R. 2022/102, art. 2(b)
F17Sch. 2 para. 2A(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 166(4); S.R. 2022/102, art. 2(b)
Maintenance of register of disabled childrenN.I.
3.—(1) Every authority shall open and maintain a register of disabled children within the authority's area.N.I.
(2) The register may be kept by means of a computer.
Assessment of children's needsN.I.
4. Where it appears to an authority that a child within the authority's area is in need, the authority may assess his needs for the purposes of this Order at the same time as any assessment of his needs is made under—N.I.
(a)the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978F18;
(b)the Education[F19 (Northern Ireland) Order 1996];
(c)the Disabled Persons (Northern Ireland) Act 1989F20; or
(d)any other statutory provision.
Prevention of neglect and abuseN.I.
5.—(1) Every authority shall take reasonable steps, through the provision of services under Part IV, to prevent children within the authority's area suffering ill-treatment or neglect.N.I.
(2) Where an authority believes that a child who is at any time within the authority's area—
(a)is likely to suffer harm; but
(b)lives or proposes to live in the area of another authority,
the authority shall inform that other authority.
(3) When informing that other authority the authority shall specify—
(a)the harm that it believes the child is likely to suffer; and
(b)(if it can) where the child lives or proposes to live.
Provision of accommodation for another person to protect childN.I.
6.—(1) Where—N.I.
(a)it appears to an authority that a child who is living on particular premises is suffering, or is likely to suffer, ill-treatment at the hands of another person who is living on those premises; and
(b)that other person proposes to move from the premises,
the authority may assist that other person to obtain alternative accommodation.
(2) Assistance given under this paragraph may be in cash.
(3) Paragraphs (7) to (9) of Article 18 shall apply in relation to assistance given under this paragraph as they apply in relation to assistance given under that Article.
Services for disabled childrenN.I.
7. Every authority shall provide services designed—N.I.
(a)to minimise the effect on disabled children within the authority's area of their disabilities; and
(b)to give such children the opportunity to lead lives which are as normal as possible.
Steps to reduce need for care proceedings, etc.N.I.
8. Every authority shall take reasonable steps designed—N.I.
(a)to reduce the need to bring—
(i)proceedings for care or supervision orders with respect to children within the authority's area;
(ii)criminal proceedings against such children;
(iii)any family or other proceedings with respect to such children which might lead to them being placed in the authority's care; or
(iv)proceedings under the inherent jurisdiction of the High Court with respect to children;
(b)to encourage children within the authority's area not to commit criminal offences; and
(c)to avoid the need for children within the authority's area to be placed in secure accommodation.
Provision for children living with their familiesN.I.
9. Every authority shall make such provision as the authority considers appropriate for the following services to be available with respect to children in need within the authority's area while they are living with their families—N.I.
(a)advice, guidance and counselling;
(b)occupational, social, cultural or recreational activities;
(c)home help (which may include laundry facilities);
(d)facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Order or of any similar service;
(e)assistance to enable the child concerned and his family to have a holiday.
Family centresN.I.
10.—(1) Every authority shall provide such family centres as the authority considers appropriate in relation to children within its area.N.I.
(2) “Family centre” means a centre at which any of the persons mentioned in sub-paragraph (3) may—
(a)attend for occupational, social, cultural or recreational activities;
(b)attend for advice, guidance or counselling; or
(c)be provided with accommodation while he is receiving advice, guidance or counselling.
(3) The persons are—
(a)a child;
(b)his parents;
(c)any person who is not a parent of his but who has parental responsibility for him;
(d)any other person who is looking after him.
Maintenance of the family homeN.I.
11. Every authority shall take such steps as are reasonably practicable, where any child within the authority's area who is in need and whom the authority is not looking after is living apart from his family—N.I.
(a)to enable him to live with his family; or
(b)to promote contact between him and his family,
if, in the opinion of the authority, it is necessary to do so in order to safeguard or promote his welfare.
Duty to consider racial groups to which children in need belongN.I.
12. Every authority shall, in making any arrangements—N.I.
(a)for the provision of day care within the authority's area; or
(b)designed to encourage persons to act as authority foster parents,
have regard to the different racial groups to which children within the authority's area who are in need belong.
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