Armed Forces Act 1991

17 Power to make service family child assessment orders. U.K.

(1) Subject to subsection (2) below, the power to make an order under this section (in this Part of this Act referred to as an “assessment order ”) is exercisable only with respect to a child who—

(a) forms part of the family of a person subject to service law serving in a country or territory outside the United Kingdom or of a civilian in a corresponding position; and

(b) resides outside the United Kingdom with that family or another such family.

(2) The power to make an assessment order is also exercisable with respect to a child who, though not falling within paragraph (a) of subsection (1) above, is staying (for however short a time) with such a family as is referred to in that paragraph and is so exercisable as if he resided with that family; and any reference in the following provisions of this Part of this Act to a person with whom a child was at any time residing shall be construed accordingly.

(3) On an application made with respect to a child by a person authorised in that behalf by regulations, the officer having jurisdiction may make an assessment order with respect to the child if, but only if, he is satisfied that—

(a) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

(b) an assessment of the state of the child’s health or development or of the way in which he has been treated is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(c) it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an assessment order.

(4) A person making an application for an assessment order with respect to a child shall take such steps as are reasonably practicable to ensure that, before the application is considered, notice of the application is given to—

(a) the child;

(b) his parents;

(c) any other person who has parental responsibility for him;

(d) any other person caring for the child or with whom the child is residing immediately before the making of the application;

(e) any person in whose favour a contact order is in force with respect to the child; and

(f) any person who is allowed to have contact with the child by virtue of an order [F1 —

(i)]

under section 34 of the M1 Children Act 1989 [F2 or Article 53 of the Children (Northern Ireland) Order 1995][F3 ; or.

(ii) under section 88 of the Children (Scotland) Act 1995]

(5) An assessment order shall not be made with respect to any child if the officer to whom the application is made is satisfied—

(a) that there are grounds for making a protection order with respect to the child; and

(b) that he ought to make such an order rather than an assessment order;

and an officer to whom an application for an assessment order is made may treat the application as an application for a protection order.

(6) Regulations may make provision with respect to the procedure to be followed on and in connection with the making of an assessment order.

Textual Amendments

F1 Hyphen and sub-para. (i) inserted (1.4.1997) in s. 17(4)(f) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(2)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F2 Words in s. 17(4)(f) inserted (4.11.1996) by S.I. 1996/756, art. 14(2), S.R. 1996/297, art. 3

F3 Semicolon, word and sub-para. (ii) inserted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(2)(b) (with s. 103(1); S.I. 1996/3201, art. 3(7)

Marginal Citations

M1 1989 c. 41.