Explanatory Note
(This note is not part of the Regulations.)
These Regulations establish a procedure for considering representations (including complaints) made to an authority about the discharge by the authority of any of its functions—
(a)under Part IV of the Children (Northern Ireland) Order 1995 (“the Order”) in relation to a child looked after by it or in need;
(b)where Article 37(1) of the Order applies (representations concerning advice and assistance for certain children aged 18 to 21);
(c)under paragraph 4 of Schedule 5 to the Order (foster parents: limits on number of foster children) in relation to exemption from the usual fostering limit.
The Regulations apply, with modifications, the procedure for considering representations (including complaints) to voluntary organisations and persons carrying on registered children’s homes.
The Regulations make provision to include consideration of representations by an independent person and for reference of representations to a panel which is to make recommendations to the authority, organisation or person carrying on the home.
The Regulations also make provision for a record to be kept of all representations received and their outcome in order to monitor the operation of the procedure and for a report on the operation of the procedure to be prepared every 12 months.
Articles 37(2), 45(5) and (6), 75(4) and (5), 105(1) and (2)(l) of, and paragraph 6(2) of Schedule 5 to, the Order are the enabling provisions under which these Regulations are made. They were brought into operation on 18th July 1996 by virtue of Article 2(1) of, and Schedule 1 to, the Children (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996 (S.R. 1996 No. 297 (C. 17)).