Representations Procedure (Children) Regulations 1991

PART IV APPLICATION OF REGULATIONS TO VOLUNTARYORGANISATIONS ANDREGISTERED CHILDREN'S HOMESAND IN SPECIAL CASES

Application to voluntary organisations and registered children'shomes

11.—(1) The provisions of Parts I to III of these Regulations shall applywhere accommodation is provided for a child by a voluntary organisation,and he is not looked after by a local authority, as if—

(a) for references to“local authority” there were substituted references to“voluntary organisation”;

(b) for the definition in regulation 2(1) of“complainant” there were substituted—

• ““complainant” means

  (a)

  any child who is being provided with accommodation by a voluntaryorganisation;

  (b)

  any parent of his;

  (c)

  any person who is not a parent of his but who has parentalresponsibility for him;

  (d)

  such other person as the voluntary organisation consider has asufficient interest in the child’s welfare to warrant hisrepresentations being considered by them.”

(c) for the definition in regulation 2(1) of“independent person” there were substituted—

• ““independent person” means in relation to representations made to, or treated as beingmade to a voluntary organisation, a person who is not an officer of thatvoluntary organisation nor a person engaged in any way in furthering itsobjects, nor the spouse of any such person;” and

(d) for the definition in regulation 2(1) of“representations” there were substituted—

• ““representations” means representations referred to in section 59(4) about thedischarge by the voluntary organisation of any of their functionsrelating to section 61 and any regulations made under it in relation tothe child.”;

(e) for the reference in regulation 4(1) and (4) to a person to whomsection 26(3)(e) may apply or to whom the local authority considersection 26(3)(e) may apply there was substituted a reference to a personwho may fall within sub-paragraph (d) in the definition of“complainant” in these Regulations.

(2) The provisions of Parts I to III of these Regulations shall applywhere accommodation is provided for a child in a registered children'shome, but where a child is neither looked after by a local authority noraccommodated on behalf of a voluntary organisation, as if—

(a) for references to“local authority” there were substituted references to“the person carrying on the home”;

(b) for the definition in regulation 2(1) of“complainant” there were substituted—

• ““complainant” means

  (i)

  any child who is being provided with accommodation in a registeredchildren’s home;

  (ii)

  a parent of his;

  (iii)

  any person who is not a parent of his but who has parentalresponsibility for him;

  (iv)

  such other person as the person carrying on the home considers has asufficient interest in the child’s welfare to warrant hisrepresentations being considered by them;”

(c) for the definition in regulation 2(1) of“independent person” there were substituted—

• ““independent person” means in relation to representations made to a person carrying on aregistered children’s home, a person who is neither involved in themanagement or operation of that home nor financially interested in itsoperation, nor the spouse of any such person;”

(d) for the definition in regulation 2(1) of“representations” there were substituted—

• ““representations” means any representations (including any complaint) made inrelation to the person carrying on the registered children’s home by acomplainant about the discharge of his functions relating to section64.”;

(e) for the reference in regulation 4(1) and (4) to a person to whomsection 26(3)(e) may apply or to whom the local authority considersection 26(3)(e) may apply there was substituted a reference to a personwho may fall within sub-paragraph (d) in the definition of“complainant” in these Regulations.

Special cases including application to representations by fosterparents

12.—(1) Where representations would fall to be considered by more than onelocal authority, they shall be considered by the authority which islooking after the child or by the authority within whose area the childis ordinarily resident where no authority has that responsibility.

(2) The provisions of Parts I and III of, and of regulation 12(1) of,these Regulations, shall apply to the consideration by a local authorityof any representations (including any complaint) made to them by anyperson exempted or seeking to be exempted under paragraph 4 of Schedule7 to the Act (foster parents: limits on numbers of foster children)about the discharge of their functions under that paragraph asif—

(a) for the definition in regulation 2(1) of“complainant” there were substituted:“a person exempted or seeking to be exempted under paragraph 4 ofSchedule 7 to the Act making any representations;”

(b) for the definition in regulation 2(1) of“representations” there were substituted:“representations referred to in paragraph 6 of Schedule 7 to the Act.”;

(c) in regulation 4(1) the words“except from a person to whom section 26(3)(e) may apply” were omitted;

(d) regulation 4(4) and (5) were omitted.