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(1) This Order may be cited as the Children (Northern Ireland) Order 1995.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint .
(3) An order under paragraph (2) may also appoint a day for the coming into operation of any provision of an order made under section 38(2) of the Northern Ireland Constitution Act 1973 as necessary or expedient in consequence of this Order.
(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“Adoption Order” means the Adoption (Northern Ireland) Order 1987;
“appropriate children's home” has the meaning given in Article 27(10);
“Article 8 order” has the meaning given in Article 8(2);
“authority”, where the reference is to a body, means, except in Article 165 , an HSC trust that is exercising social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991 ;
“authority foster parent” has the meaning given in Article 27(3) (accommodation and maintenance of children looked after by an authority);
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“care order” has the meaning given in Article 49(1) and also includes any order which by or under any statutory provision has the effect of, or is deemed to be, a care order for the purposes of this Order;
“Care Tribunal” means the tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Irelamd) Order 2003;
“child”, except in Parts X, XI and XII (fostering, child minding and employment) and subject to paragraph 1(1) of Schedule 1, means a person under the age of 18;
“child assessment order” has the meaning given in Article 62(2) (child assessment orders);
“child minder” has the meaning given in Article 119;
“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
a child of both of them, and
any other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family.
“children's home” has the meaning assigned to it by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;
“compulsory school age” has the meaning assigned to it by Article 46 of the Education and Libraries (Northern Ireland) Order 1986;
“contact order” has the meaning given in Article 8(1);
“the court” has the meaning given in Article 164(1) and (2);
“day care” has the same meaning as in Article 19;
“the Department” means the Department of Health and Social Services;
“development” means physical, intellectual, emotional, social or behavioural development;
“ disabled person's tax credit ” means disabled person's tax credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“disabled” means blind, deaf or dumb or suffering from mental disorder of any kind or substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;
“dwelling-house” includes—
any building or part of a building which is occupied as a dwelling;
any caravan, houseboat or structure which is occupied as a dwelling,
and any yard, garden, garage or outhouse belonging to it and occupied with it;
“education supervision order” has the meaning given in Article 49(1);
“emergency protection order” means an order under Article 63;
“family assistance order” means an order under Article 16;
“ working families' tax credit ” means working families' tax credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“family proceedings” has the meaning given in Article 8(3);
“family proceedings court” has the meaning given in Article 164(4);
“family proceedings rules” means family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993;
“foster a child privately” has the meaning given in Article 106(1);
“guardian of a child” means a guardian (other than a guardian of the fortune or estate of a child) appointed in accordance with the provisions of Article 159 or 160;
“harm” means ill-treatment or the impairment of health or development and the question of whether harm is significant shall be determined in accordance with Article 50(3);
“health” means physical or mental health;
“ Health and Social Care trust ” means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;
“homeless persons” shall be construed in accordance with Part II of the Housing (Northern Ireland) Order 1988;
“hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
“ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical;
“ impairment of health or development ” includes, for example, impairment suffered as a result of—
the ill-treatment of another, or
behaviour directed at another that falls within section 2 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (what amounts to abusive behaviour),
whether or not the child who suffered the impairment saw or heard, or was present during that ill-treatment or behaviour;
“income-based jobseeker's allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;
“ income-related employment and support allowance ” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
“income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“managers” has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;
“medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;
“nursing home” has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;
“parental responsibility” has the meaning given in Article 6;
“parental responsibility agreement” has the meaning given in Article 7(1ZB) ;
“ social care ” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
“police officer” means a member of the Royal Ulster Constabulary or of the Royal Ulster Constabulary Reserve;
“prescribed”, except in Parts II, XII, XV and XVI and Article 176 and in relation to rules of court, means prescribed by regulations made by the Department under this Order;
“private children's home” means a children's home—
in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and
which is not a home provided under Part VII or a voluntary home;
“private hospital” has the meaning assigned to it by Article 90(2) of the Mental Health (Northern Ireland) Order 1986;
“privately fostered child” has the meaning given in Article 106(1);
“probation order” has the meaning assigned to it by Article 10 of the Criminal Justice (Northern Ireland) Order 1996 ;
“prohibited steps order” has the meaning given in Article 8(1);
“protected child” means a child who is a protected child for the purposes of Part IV of the Adoption Order;
“public body” means a body established by or under any statutory provision;
Definition rep. by 2003 NI 9
“ RQIA ” means the Health and Social Care Regulation and Quality Improvement Authority ;
“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) , or step-parent;
“residence order” has the meaning given in Article 8(1);
“residential care home” has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; ;
“rules of court” includes family proceedings rules, county court rules and magistrates' courts rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954);
“school” has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;
“service”, in relation to any provision made under Part IV, includes any facility;
“special educational needs” has the meaning assigned to it by Article 3 of the Education (Northern Ireland) Order 1996 ;
“special agency” means a special health and social care agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;
“specific issue order” has the meaning given in Article 8(1);
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“supervision order” has the meaning given in Article 49(1);
“supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;
Definition rep. by 1998 NI 9
“upbringing”, in relation to any child, includes the care of the child but not his maintenance;
“voluntary home” has the meaning given in Article 74(1);
“voluntary organisation” has the meaning given in Article 74(1).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) References in this Order to the area of an authority are to the operational area of an HSC trust (as defined in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972).
(5) References in this Order to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth shall be construed in accordance with Article 155.
(6) References in this Order—
(a) to a person with whom a child lives, or is to live, as the result of a residence order; or
(b) to a person in whose favour a residence order is in force,
shall be construed as references to the person named in the order as the person with whom the child is to live.
(7) References in this Order—
(a) to a child who is in the care of an authority shall be construed as references to a child who is in the care of the authority by virtue of a care order;
(b) to a child who is looked after by an authority shall be construed in accordance with Article 25.
(8) References in this Order except in Articles 34C and 35B to accommodation provided by an authority are references to accommodation and maintenance provided as described in Article 27(2).
(9) In determining the “ordinary residence” of a child for any purpose of this Order, there shall be disregarded any period in which he lives in any place—
(a) which is a school or other institution;
(b) in compliance with a residence requirement of a probation order or of a supervision order under this Order or or with a juvenile justice centre order ; or
(c) while he is being provided with accommodation by or on behalf of an authority.
(10) References in this Order to children who are in need shall be construed in accordance with Article 17 (children in need and their families).
(1) Where a court determines any question with respect to—
(a) the upbringing of a child; or
(b) the administration of a child's property or the application of any income arising from it,
the child's welfare shall be the court's paramount consideration.
(2) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.
(3) In the circumstances mentioned in paragraph (4), a court shall have regard in particular to—
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his physical, emotional and educational needs;
(c) the likely effect on him of any change in his circumstances;
(d) his age, sex, background and any characteristics of his which the court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable of meeting his needs is each of his parents and any other person in relation to whom the court considers the question to be relevant;
(g) the range of powers available to the court under this Order in the proceedings in question.
(4) The circumstances are that—
(a) the court is considering whether to make, vary or discharge an Article 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
(aa) the court is considering whether to make an order under Article 7; or
(b) the court is considering whether to make, vary or discharge an order under Part V.
(5) Where a court is considering whether or not to make one or more orders under this Order with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.
(1) A court considering any question with respect to a child under this Order may ask an authority to arrange for a suitably qualified person to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.
(2) The Lord Chancellor may , after consultation with the Lord Chief Justice, make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this Article.
(3) The report may be made in writing, or orally, as the court requires.
(4) Regardless of any statutory provision or rule of law which would otherwise prevent the court from doing so, the court may take account of—
(a) any statement contained in the report; and
(b) any evidence given in respect of the matters referred to in the report,
in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.
(5) An authority shall comply with any request for a report under this Article.
(1) Where a child's father and mother were married to , or civil partners of, each other at the time of his birth, they shall each have parental responsibility for the child.
(1A) Where a child—
(a) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or
(b) has a parent by virtue of section 43 of that Act and is a person to whom Article 155(3) applies,
the child's mother and the other parent shall each have parental responsibility for the child.
(2) Where a child's father and mother were not married to , or civil partners of, each other at the time of his birth—
(a) the mother shall have parental responsibility for the child;
(b) the father shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) in accordance with the provisions of this Order.
(2A) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom Article 155(3) applies—
(a) the mother shall have parental responsibility for the child;
(b) the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Order.
(3) The rule of law that a father is the natural guardian of his legitimate child is abolished.
(4) More than one person may have parental responsibility for the same child at the same time.
(5) A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.
(6) Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any statutory provision which requires the consent of more than one person in a matter affecting the child.
(7) The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Order.
(8) A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.
(9) The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.
(10) The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.
(1) In this Order “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
(2) It also includes the rights, powers and duties which a guardian of the child's fortune or estate (appointed, before the commencement of Part XV (guardians), to act generally) would have had in relation to the child and his property.
(3) The rights referred to in paragraph (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover.
(4) The fact that a person has, or does not have, parental responsibility for a child shall not affect—
(a) any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or
(b) any rights which, in the event of the child's death, he (or any other person) may have in relation to the child's property.
(5) A person who—
(a) does not have parental responsibility for a particular child; but
(b) has care of the child,
may (subject to the provisions of this Order) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare.
(1) Where a child's father and mother were not married to , or civil partners of, each other at the time of his birth[ , the father shall acquire parental responsibility for the child if—
(a) he becomes registered as the child's father;
(b) he and the child's mother make an agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . providing for him to have parental responsibility for the child; or
(c) the court, on his application, orders that he shall have parental responsibility for the child].
(1ZA) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom Article 155(3) applies, that parent shall acquire parental responsibility for the child if—
(a) she becomes registered as a parent of the child;
(b) she and the child's mother make an agreement providing for her to have parental responsibility for the child; or
(c) the court, on her application, orders that she shall have parental responsibility for the child.
(1ZB) An agreement under paragraph (1)(b) , (1ZA)(b) or (1A)(b) is known as a “parental responsibility agreement”.
(1A) A child's step-parent shall acquire parental responsibility for the child if —
(a) the court, on the application of the step-parent, orders that he shall have parental responsibility for the child ; or
(b) the step-parent, and—
(i) the parent of the child who is the spouse or civil partner of the step-parent, or
(ii) if the other parent of the child also has parental responsibility for the child, both parents,
make an agreement providing for the step-parent to have parental responsibility for the child.
(1B) Where a person has parental responsibility for a child as a result of paragraph (1A), he shall not have the right—
(a) to consent, or refuse to consent, to the making of an application with respect to the child under Article 17 of the Adoption Order;
(b) to agree, or refuse to agree, to the making of an adoption order, or an order under Article 57 of the Adoption Order, with respect to the child; or
(c) to appoint a guardian for the child.
(1C) In paragraph (1A) “step-parent” means a person who is married to , or a civil partner of, a child's parent who has parental responsibility for the child.
(2) No parental responsibility agreement shall have effect for the purposes of this Order unless—
(a) it is made in the prescribed form; and
(b) it has been recorded in the prescribed manner (if any).
(2A) In paragraph (1)(a) “ registered ” means registered under—
(a) Article 14(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;
(b) paragraph (a), (b) or (c) of section 10(1) or 10A(1) of the Births and Deaths Registration Act 1953; or
(c) paragraph (a), (b)(i) or (c) of section 18(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
(2B) In paragraph (1ZA)(a) “ registered ” means registered under—
(a) Article 14ZA(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;
(b) paragraph (a), (b) or (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953; or
(c) paragraph (a), (b) or (d) of section 18B(1) of, or sections 18B(3)(a) and 20(1)(a) of, the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
(3) In this Article “prescribed” means prescribed by regulations made by the Department of Finance and Personnel
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(3A) A person who has acquired parental responsibility under paragraph (1) , (1ZA) or (1A) shall cease to have that responsibility if the court so orders.
(4) The court may make an order under paragraph (3A) on the application—
(a) of any person who has parental responsibility for the child; or
(b) with leave of the court, of the child himself,
subject, in the case of parental responsibility acquired by a parent of the child under paragraph (1)(c) or (1ZA)(c) , to Article 12(4) (residence orders and parental responsibility).
(5) The court may only grant leave under paragraph (4)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
(1) In this Order—
“contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;
“prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
“residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and
“specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
(2) In this Order “Article 8 order” means any of the orders mentioned in paragraph (1) and any order varying or discharging such an order.
(3) For the purposes of this Order “family proceedings” means any proceedings—
(a) under the inherent jurisdiction of the High Court in relation to children; and
(b) under the provisions mentioned in paragraph (4),
but does not include proceedings on an application for leave under Article 173(2) (restriction on use of wardship jurisdiction).
(4) The provisions are—
(a) Part II, this Part, Part V (care and supervision) and Part XV (guardians);
(b) the Matrimonial Causes (Northern Ireland) Order 1978 ;
(c) the Domestic Proceedings (Northern Ireland) Order 1980 ;
Sub‐para.(d) rep. by 1998 NI 6
(e) the Adoption Order;
(f) Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 ;
(g) section 54 or 54A of the Human Fertilisation and Embryology Act 2008;
(h) the Family Homes and Domestic Violence (Northern Ireland) Order 1998.
(ha) Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 20 of that Schedule).
(i) Chapter 2 of Part 4 of, or Schedule 15, 16 or 17 to, the Civil Partnership Act 2004
(1) No court shall make any Article 8 order, other than a residence order, with respect to a child who is in the care of an authority.
(2) No application may be made by an authority for a residence order or contact order and no court shall make such an order in favour of an authority.
(3) A person who is, or was at any time within the last six months, an authority foster parent of a child may not apply for leave to apply for an Article 8 order with respect to the child unless—
(a) he has the consent of the authority;
(b) he is a relative of the child; or
(c) the child has lived with him for at least three years preceding the application.
(4) The period of three years mentioned in paragraph (3)(c) need not be continuous but must have begun not more than five years before the making of the application.
(5) No court shall exercise its powers to make a specific issue order or prohibited steps order—
(a) with a view to achieving a result which could be achieved by making a residence or contact order; or
(b) in any way which is denied to the High Court (by Article 173(1)) in the exercise of its inherent jurisdiction with respect to children.
(6) No court shall make any Article 8 order which is to have effect for a period which will end after the child has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.
(7) No court shall make any Article 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of 16 unless it is satisfied that the circumstances of the case are exceptional.
(1) In any family proceedings in which a question arises with respect to the welfare of any child, the court may make an Article 8 order with respect to the child if—
(a) an application for the order has been made by a person who—
(i) is entitled to apply for an Article 8 order with respect to the child; or
(ii) has obtained the leave of the court to make the application; or
(b) the court considers that the order should be made even though no such application has been made.
(2) The court may also make an Article 8 order with respect to any child on the application of a person who—
(a) is entitled to apply for an Article 8 order with respect to the child; or
(b) has obtained the leave of the court to make the application.
(3) This Article is subject to the restrictions imposed by Article 9.
(4) The following persons are entitled to apply to the court for any Article 8 order with respect to a child—
(a) any parent or guardian of the child;
(b) any person in whose favour a residence order is in force with respect to the child.
(5) The following persons are entitled to apply for a residence or contact order with respect to a child—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;
(aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;
(b) any person with whom the child has lived for a period of at least three years;
(c) any person who—
(i) in any case where a residence order is in force with respect to the child, has the consent of each of the persons in whose favour the order was made;
(ii) in any case where the child is in the care of an authority, has the consent of that authority; or
(iii) in any other case, has the consent of each of those (if any) who have parental responsibility for the child.
(6) A person who would not otherwise be entitled (under paragraphs (1) to (5)) to apply for the variation or discharge of an Article 8 order shall be entitled to do so if—
(a) the order was made on his application; or
(b) in the case of a contact order, he is named in the order.
(7) Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such Article 8 order as may be so prescribed in relation to that category of person.
(8) Where the person applying for leave to make an application for an Article 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the Article 8 order.
(9) Where the person applying for leave to make an application for an Article 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—
(a) the nature of the proposed application for the Article 8 order;
(b) the applicant's connection with the child;
(c) any risk there might be of that proposed application disrupting the child's life to such an extent that he would be harmed by it; and
(d) where the child is being looked after by an authority—
(i) the authority's plans for the child's future; and
(ii) the wishes and feelings of the child's parents.
(10) The period of three years mentioned in paragraph (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.
(1) In proceedings in which any question of making an Article 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any rules made by virtue of paragraph (2))—
(a) draw up a timetable with a view to determining the question without delay; and
(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
(2) Rules of court may—
(a) specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and
(b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.
(3) Where a court has power to make an Article 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.
(4) Where a residence order is made in favour of two or more persons who do not themselves all live together, the order may specify the periods during which the child is to live in the different households concerned.
(5) Where—
(a) a residence order has been made with respect to a child; and
(b) as a result of the order the child lives, or is to live, with one of two parents who each have parental responsibility for him,
the residence order shall cease to have effect if the parents live together for a continuous period of more than six months.
(6) A contact order which requires the parent with whom a child lives to allow the child to visit, or otherwise have contact with, his other parent shall cease to have effect if the parents live together for a continuous period of more than six months.
(7) An Article 8 order may—
(a) contain directions about how it is to be carried into effect;
(b) impose conditions which must be complied with by any person—
(i) in whose favour the order is made;
(ii) who is a parent of the child concerned;
(iii) who is not a parent of his but who has parental responsibility for him; or
(iv) with whom the child is living;
and to whom the conditions are expressed to apply;
(c) be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;
(d) make such incidental, supplemental or consequential provision as the court thinks fit.
(1) Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under Article 7 giving him that responsibility.
(1A) Where the court makes a residence order in favour of a person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 it shall, if that person would not otherwise have parental responsibility for the child, also make an order under Article 7(1ZA) giving her that responsibility.
(2) Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.
(3) Where a person has parental responsibility for a child as a result of paragraph (2), he shall not have the right—
(a) to consent, or refuse to consent, to the making of an application with respect to the child under Article 17 of the Adoption Order;
(b) to agree, or refuse to agree, to the making of an adoption order, or an order under Article 57 of the Adoption Order, with respect to the child; or
(c) to appoint a guardian for the child.
(4) Where paragraph (1) or (1A) requires the court to make an order under Article 7 in respect of the parent of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.
(1) Where a court is considering whether to make a residence or contact order in favour of —
(a) any person, the court shall have regard to any conviction of the person for a domestic abuse offence involving the child,
(b) a prohibited person, the court shall consider whether the child has suffered or is at risk of suffering any harm as a result of any behaviour of the prohibited person.
(1A) For the purposes of paragraph (1)(a), a domestic abuse offence involving the child is—
(a) an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 if—
(i) the offence is aggravated as provided for in section 9 of that Act, and
(ii) the aggravation of the offence relates to the child, or
(b) an offence of any kind (apart from one under section 1 of that Act) if—
(i) the offence is aggravated as provided for in section 15 of that Act, and
(ii) the child is not the person against whom the offence was committed but the aggravation of the offence relates to the child.
(2) A person is a prohibited person for the purposes of paragraph (1)(b) if either he is or the court considers that he should be prohibited by a non-molestation order under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 from molesting another person.
(3) Paragraph (1) is without prejudice to Article 3 (and in that paragraph neither sub-paragraph limits the effect of the other sub-paragraph) .
(1) Where a residence order is in force with respect to a child, no person shall—
(a) cause the child to be known by a new surname; or
(b) remove him from the United Kingdom;
without either the written consent of every person who has parental responsibility for the child or the leave of the court.
(2) Paragraph (1)(b) shall not prevent the removal of a child, for a period of less than one month, by the person in whose favour the residence order is made.
(3) In making a residence order with respect to a child the court may grant the leave required by paragraph (1)(b), either generally or for specified purposes.
(1) Where—
(a) a residence order is in force with respect to a child in favour of any person; and
(b) any other person (including one in whose favour the order is also in force) is in breach of the arrangements settled by the order,
the person mentioned in sub-paragraph (a) may, as soon as a copy of the order has been served on the other person, enforce it under Article 112(3) of the Magistrates' Courts (Northern Ireland) Order 1981 as if it were an order requiring the other person to produce the child to him.
(2) Paragraph (1) is without prejudice to any other remedy open to the person in whose favour the residence order is in force.
(1) Schedule 1 (which makes provision in relation to financial relief for children) shall have effect.
(2) The powers of a court of summary jurisdiction under Article 86 of the Magistrates' Courts (Northern Ireland) Order 1981 to revoke, suspend, review, vary or discharge an order for the periodical payment of money and the power of the clerk of petty sessions to vary such an order shall not apply in relation to an order made under Schedule 1.
(3) Schedule 1 is without prejudice to the Child Support (Northern Ireland) Order 1991 .
(1) Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring an authority to make a suitably qualified person available, to advise, assist and (where appropriate) befriend any person named in the order.
(2) The persons who may be named in an order under this Article (a “family assistance order”) are—
(a) any parent or guardian of the child;
(b) any person with whom the child is living or in whose favour a contact order is in force with respect to the child;
(c) the child himself.
(3) No court may make a family assistance order unless—
(a) it is satisfied that the circumstances of the case are exceptional; and
(b) it has obtained the consent of every person to be named in the order other than the child.
(4) A family assistance order may direct—
(a) the person named in the order; or
(b) such of the persons named in the order as may be specified in the order,
to take such steps as may be so specified with a view to enabling the suitably qualified person mentioned in paragraph (1) to be kept informed of the address of any person named in the order and to be allowed to visit him.
(5) Unless it specifies a shorter period, a family assistance order shall have effect for a period of six months beginning with the day on which it is made.
(6) Where—
(a) a family assistance order is in force with respect to a child; and
(b) an Article 8 order is also in force with respect to the child,
the suitably qualified person mentioned in paragraph (1) may refer to the court the question whether the Article 8 order should be varied or discharged.
(7) A family assistance order shall not be made so as to require an authority to make a suitably qualified person available under paragraph (1) unless—
(a) the authority agrees; or
(b) the child concerned lives or will live within its area.
For the purposes of this Part a child shall be taken to be in need if—
(a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by an authority under this Part;
(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
(c) he is disabled,
and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.
(1) If —
(a) a child ( “the carer”) provides or intends to provide a substantial amount of care on a regular basis for a person aged 18 or over;
(b) the child requests an authority to carry out an assessment for the purposes of determining whether he is to be taken to be in need for the purposes of this Part; and
(c) the authority is satisfied that the person cared for is someone for whom it may provide social care ,
the authority—
(i) shall carry out such an assessment; and
(ii) taking the results of that assessment into account, shall determine whether the child is to be taken to be in need for the purposes of this Part.
(2) Paragraph (1) does not apply if the child provides or will provide the care in question—
(a) by virtue of a contract of employment or other contract with any person; or
(b) as a volunteer for a voluntary organisation.
(3) An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.
(1) It shall be the general duty of every authority (in addition to the other duties imposed by this Part)—
(a) to safeguard and promote the welfare of children within its area who are in need; and
(b) so far as is consistent with that duty, to promote the upbringing of such children by their families,
by providing a range and level of social care appropriate to those children's needs.
(2) For the purpose principally of facilitating its general duty under this Article, every authority shall have the specific powers and duties set out in Schedule 2.
(3) Any service provided by an authority in the exercise of functions conferred on it by this Article may be provided for the family of a particular child in need or for any member of his family, if the service is provided with a view to safeguarding or promoting the child's welfare.
(4) The Department may by order amend any provision of Schedule 2 or add any further duty or power to those mentioned there.
(4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on it by this Article, an authority must, so far as is reasonably practicable and consistent with the child’s welfare—
(a) ascertain the child’s wishes and feelings regarding the provision of those services; and
(b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.
(5) Every authority—
(a) shall facilitate the provision by others (including in particular voluntary organisations) of services which the authority has power to provide by virtue of this Article or Article 19, 21, 27, 34C to 34E, 35A or 35B ; and
(b) may make such arrangements as it sees fit for any person to act on its behalf in the provision of any such service.
(6) The services provided by an authority in the exercise of functions conferred on it by this Article may include giving assistance in kind or, in exceptional circumstances, in cash.
(7) Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
(8) Before giving any assistance or imposing any conditions, an authority shall have regard to the means of the child concerned and of each of his parents.
(9) No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance .
(10) The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.
(1) Where—
(a) the carer of a disabled child who has parental responsibility for the child requests an authority to carry out an assessment of the carer's ability to provide and to continue to provide care for the child; and
(b) the authority is satisfied that the child and his family are persons for whom it may provide services under Article 18,
the authority—
(i) shall carry out such an assessment; and
(ii) shall take the results of that assessment into account when deciding what, if any, services to provide under Article 18.
(2) Where—
(a) an authority carries out an assessment of the needs of a disabled child for the purposes of this Part or section 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53); and
(b) the carer of that child requests the authority, before it makes a decision as to whether the needs of that child call for the provision of any services, to carry out an assessment of the carer's ability to provide and to continue to provide care for that child,
the authority—
(i) shall carry out such an assessment; and
(ii) shall take the results of that assessment into account in deciding what, if any, services to provide.
(3) Paragraph (2) does not apply if the carer provides or will provide the care in question—
(a) by virtue of a contract of employment or other contract with any person; or
(b) as a volunteer for a voluntary organisation.
(4) An assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.
(5) For the purposes of an assessment under this Article, the authority may take into account, so far as it considers it to be material, any other assessment made under this Article.
(6) Section 8 of the Disabled Persons (Northern Ireland) Act 1989 (c. 10) (duty of authority to take into account ability of carer of disabled person) does not apply in any case where an assessment is made under subsection (2).
(7) In this Article “carer”, in relation to a disabled child, means an individual who provides or intends to provide a substantial amount of care on a regular basis for that child.
(1) The Department may by regulations make provision for and in connection with requiring or authorising an authority in the case of a person of a prescribed description who falls within paragraph (2) to make, with that person's consent, such payments to him as the authority may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that paragraph.
(2) A person falls within this paragraph if he is—
(a) a person with parental responsibility for a disabled child;
(b) a disabled person with parental responsibility for a child; or
(c) a disabled child aged 16 or 17,
and the authority has decided for the purposes of Article 18 that the child's needs (or, if he is such a disabled child, his needs) call for the provision by it of a service under that Article.
(3) Regulations under this Article may, in particular, make provision—
(a) specifying circumstances in which the authority is not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in paragraph (2);
(b) for any payments required or authorised by the regulations to be made to a person by the authority ( “direct payments”) to be made to that person ( “the payee”) as gross payments or alternatively as net payments;
(c) for the authority to make for the purposes of paragraph (4) or (5) such determinations as to—
(i) the payee's means; and
(ii) the amount (if any) which it would be reasonably practicable for him to pay to the authority by way of reimbursement or contribution,
as may be prescribed;
(d) as to the conditions falling to be complied with by the payee which must or may be imposed by the authority in relation to the direct payments (and any conditions which may not be so imposed);
(e) specifying circumstances in which the authority—
(i) may or must terminate the making of direct payments;
(ii) may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments);
(f) for any sum falling to be paid or repaid to the authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
(g) displacing functions or obligations of the authority with respect to the provision of the service mentioned in paragraph (2) only to such extent, and subject to such conditions, as may be prescribed;
(h) authorising direct payments to be made to any prescribed person on behalf of the payee.
(4) For the purposes of paragraph (3)(b) “gross payments” means payments—
(a) which are made at such rate as the authority estimates to be equivalent to the reasonable cost of securing the provision of the service concerned; but
(b) which may be made subject to the condition that the payee pays to the authority, by way of reimbursement, an amount or amounts determined under the regulations.
(5) For the purposes of paragraph (3)(b) “net payments” means payments—
(a) which are made on the basis that the payee will himself pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and
(b) which are accordingly made at such a rate below that mentioned in paragraph (4)(a) as reflects any such contribution by the payee.
(6) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within paragraph (7)—
(a) the payments shall be made at the rate mentioned in paragraph (4)(a); and
(b) paragraph (4)(b) shall not apply.
(7) A person falls within this subsection if he is—
(a) a person falling within paragraph (2)(a) or (b) and the child in question is aged 16 or 17; or
(b) a person who is in receipt of universal credit (except in such circumstances as may be prescribed), of income support, working families' tax credit or disabled person's tax credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance .
(8) Regulations made for the purposes of paragraph (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.
(9) In this Article “prescribed” means specified in or determined in accordance with regulations under this Article.
(1) An authority shall take such steps as are reasonably practicable to ensure—
(a) that information is generally available in its area concerning the right of a person to request an assessment under Article 17A or 18A; and
(b) that those in its area who might benefit from such an assessment receive the information relevant to them;
and nothing in paragraph (2) or (3) prejudices the generality of this paragraph.
(2) Where it appears to an authority that—
(a) a child ( “the carer”) provides or intends to provide a substantial amount of care on a regular basis for a person aged 18 or over; and
(b) the person cared for is someone for whom it may provide social care ,
the authority shall notify the carer that he may be entitled to request an assessment under Article 17A(1).
(3) Where it appears to an authority that—
(a) a disabled child is cared for by a carer who has parental responsibility for the child; and
(b) the disabled child and his family are persons for whom the authority may provide services under Article18,
the authority shall notify the carer that he may be entitled to request an assessment under Article 18A(1).
(4) Where—
(a) an authority proposes to carry out an assessment of the needs of a disabled child for the purposes of this Part or section 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53); and
(b) it appears to the authority that that child is cared for by a carer,
the authority shall notify the carer that he may be entitled to request an assessment under Article 18A(2).
(1) In this Article—
“day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis);
“supervised activity” means an activity supervised by a responsible person.
(2) Every authority shall provide such day care for children in need within the authority's area who are—
(a) aged five or under; and
(b) not yet attending schools,
as is appropriate.
(3) An authority may provide day care for children within the authority's area who satisfy the conditions mentioned in paragraph (2)(a) and (b) even though they are not in need.
(4) An authority may provide facilities (including training, advice, guidance and counselling) for those—
(a) caring for children in day care; or
(b) who at any time accompany such children while they are in day care.
(5) Every authority shall provide for children in need within the authority's area who are attending any school such care or supervised activities as is appropriate—
(a) outside school hours; and
(b) during school holidays.
(6) An authority may provide such care or supervised activities for children within the authority's area who are attending any school even though those children are not in need.
(7) Every authority shall, in carrying out its functions under this Article, have regard to any day care provided for children within the authority's area by a district council or the Education Authority or by other persons.
(1) Every authority shall review—
(a) the provision which it makes under Article 19;
(b) the extent to which the services of child minders are available within the authority's area with respect to children under the age of twelve;
(c) the provision for day care within the authority's area made for such children by persons required to register under Article 118(1)(b).
(2) A review under paragraph (1) shall be conducted—
(a) together with the Education Authority and district councils; and
(b) at least once in every review period.
(3) In paragraph (2)(b) “review period” means the period of one year beginning with the commencement of this Article and each subsequent period of three years beginning with an anniversary of that commencement.
(4) In conducting any such review, the authority shall have regard to any exempt provision made within the authority's area with respect to children under the age of twelve.
(5) In paragraph (4) “exempt provision” means provision to which the exemption provided by paragraph (1) or (2) of Article 121 applies (schools, hospitals and other establishments exempt from the registration requirements which apply in relation to the provision of day care).
(6) Where an authority has conducted a review under this Article it shall publish the result of the review—
(a) as soon as is reasonably practicable;
(b) in such form as it considers appropriate; and
(c) together with any proposals it may have with respect to the matters reviewed.
(7) Any review under this Article shall have regard to any representations which the authority considers to be relevant.
(1) Every authority shall provide accommodation for any child in need within its area who appears to the authority to require accommodation as a result of—
(a) there being no person who has parental responsibility for him;
(b) his being lost or having been abandoned; or
(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
(2) Where an authority provides accommodation under paragraph (1) for a child who is ordinarily resident in the area of another authority, that other authority may take over the provision of accommodation for the child within—
(a) three months of being notified in writing that the child is being provided with accommodation; or
(b) such other longer period as may be prescribed.
(3) Every authority shall provide accommodation for any child in need within its area who has reached the age of 16 and whose welfare the authority considers is likely to be seriously prejudiced if it does not provide him with accommodation.
(4) An authority may provide accommodation for any child within the authority's area (even though a person who has parental responsibility for him is able to provide him with accommodation) if the authority considers that to do so would safeguard or promote the child's welfare.
(5) An authority may provide accommodation for any person who has reached the age of 16 but is under 21 in any home provided under Part VII which takes children who have reached the age of 16 if the authority considers that to do so would safeguard or promote his welfare.
(6) Before providing accommodation under this Article, an authority shall, so far as is reasonably practicable and consistent with the child's welfare—
(a) ascertain the child's wishes and feelings regarding the provision of accommodation; and
(b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.
(1) An authority may not provide accommodation under Article 21 for any child if any person who—
(a) has parental responsibility for him; and
(b) is willing and able to—
(i) provide accommodation for him; or
(ii) arrange for accommodation to be provided for him,
objects.
(2) Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the authority under Article 21.
(3) Paragraphs (1) and (2) do not apply while any person—
(a) in whose favour a residence order is in force with respect to the child; or
(b) who has care of the child by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children,
agrees to the child being looked after in accommodation provided by or on behalf of the authority.
(4) Where there is more than one such person as is mentioned in paragraph (3), all of them must agree.
(5) Paragraphs (1) and (2) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under Article 21.
(1) Every authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part VI.
(2) Every authority shall receive, and provide accommodation for, children in police protection whom the authority is requested to receive under Article 65(5)(e).
(3) Where a child has been removed under Part VI and he is not being provided with accommodation by an authority, any reasonable expenses of accommodating him shall be recoverable from the authority in whose area he is ordinarily resident.
(1) Where an authority provides any service under Article 18 or 19, other than advice, guidance or counselling, the authority may recover from a person specified in paragraph (4) such charge for the service as the authority considers reasonable.
(2) Where the authority is satisfied that that person's means are insufficient for it to be reasonably practicable for him to pay the charge, the authority shall not require him to pay more than he can reasonably be expected to pay.
(3) No person shall be liable to pay any charge under paragraph (1) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance , of an income-related employment and support allowance or of universal credit .
(3A) No person shall be liable to pay any charge under paragraph (1) for a service provided under Article 19(3) or (6) at any time when—
(a) he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 2002; or
(b) he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.
(4) The persons are—
(a) where the service is provided for a child under 16, each of his parents;
(b) where it is provided for a child who has reached the age of 16, the child himself; and
(c) where it is provided for a member of the child's family, that member.
(5) Any charge under paragraph (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
(6) Where an authority provides any accommodation under Article 21(1) or Article 23(1) or (2) for a child who was (before the authority began to look after him) ordinarily resident within the area of another authority, the first authority may recover any reasonable expenses incurred by it in providing the accommodation and maintaining the child from the other authority.
(1) In this Order any reference to a child who is looked after by an authority is a reference to a child who is—
(a) in the care of the authority; or
(b) provided with accommodation by the authority.
(2) In paragraph (1)(b) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours but does not include accommodation provided under Article 34C or 35B .
(3) Paragraph (1) is subject to Article 2(8).
(1) Every authority looking after a child shall—
(a) safeguard and promote his welfare; and
(b) make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
(2) Before making any decision with respect to a child whom it is looking after, or proposing to look after, an authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
(a) the child;
(b) his parents;
(c) any person who is not a parent of his but who has parental responsibility for him; and
(d) any other persons whose wishes and feelings the authority considers to be relevant,
regarding the matter to be decided.
(3) In making any such decision an authority shall give due consideration—
(a) having regard to his age and understanding, to such wishes and feelings of the child as the authority has been able to ascertain;
(b) to such wishes and feelings of any person mentioned in paragraph (2)(b) to (d) as the authority has been able to ascertain; and
(c) to the child's religious persuasion, racial origin and cultural and linguistic background.
(4) If it appears to an authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this Article, the authority may do so.
(5) If the Department considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to an authority with respect to the exercise of the authority's powers with respect to a child whom it is looking after, the Department may give such directions to the authority.
(6) Where any such directions are given to an authority, it shall comply with them even though doing so is inconsistent with its duties under this Article.
(1) Every authority looking after a child shall—
(a) when he is in the care of the authority, provide accommodation for him; and
(b) maintain him in other respects apart from providing accommodation for him.
(2) An authority shall provide accommodation and maintenance for any child whom it is looking after by—
(a) placing him (subject to paragraph (5) and any regulations made by the Department) with—
(i) a family;
(ii) a relative of his; or
(iii) any other suitable person,
on such terms as to payment by the authority and otherwise as the authority may determine;
(aa) maintaining him in an appropriate children's home;
(f) making such other arrangements as—
(i) seem appropriate to the authority; and
(ii) comply with any regulations made by the Department.
(3) Any person with whom a child has been placed under paragraph (2)(a) is referred to in this Order as an authority foster parent unless he falls within paragraph (4).
(4) A person falls within this paragraph if he is—
(a) a parent of the child;
(b) a person who is not a parent of the child but who has parental responsibility for him; or
(c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.
(5) Where a child is in the care of an authority, it may only allow him to live with a person who falls within paragraph (4) in accordance with regulations made by the Department.
(6) For the purposes of paragraph (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours.
(7) Subject to any regulations made by the Department for the purposes of this paragraph, any authority looking after a child shall make arrangements to enable him to live with—
(a) a person falling within paragraph (4); or
(b) a relative, friend or other person connected with him,
unless that would not be reasonably practicable or consistent with his welfare.
(8) Where an authority provides accommodation for a child whom it is looking after, the authority shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that—
(a) the accommodation is near his home; and
(b) where the authority is also providing accommodation for a sibling of his, they are accommodated together.
(9) Where an authority provides accommodation for a child whom it is looking after and who is disabled, the authority shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.
(10) In this Order "appropriate children's home" means a children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.
(1) Regulations under Article 27(2)(a) may, in particular, make provision—
(a) with regard to the welfare of children placed with authority foster parents;
(b) as to the arrangements to be made by authorities in connection with the health and education of such children;
(c) as to the records to be kept by authorities;
(d) for securing that a child is not placed with an authority foster parent unless that person is approved as an authority foster parent;
(e) for securing that where possible the authority foster parent with whom a child is to be placed is—
(i) of the same religious persuasion as the child; or
(ii) gives an undertaking that the child will be brought up in that religious persuasion;
(f) for securing that children placed with authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by an authority and that the children will be removed from those premises if their welfare appears to require it;
(g) as to the circumstances in which an authority may make arrangements for duties imposed on it by the regulations to be discharged on its behalf.
(2) Regulations under Article 27(2)(f) may, in particular, make provision as to—
(a) the persons to be notified of any proposed arrangements;
(b) the opportunities such persons are to have to make representations in relation to the arrangements proposed;
(c) the persons to be notified of any proposed changes in arrangements;
(d) the records to be kept by authorities;
(e) the supervision by authorities of any arrangements made.
(3) Regulations under Article 27(5) may, in particular, impose requirements on an authority as to—
(a) the making of any decision by an authority to allow a child to live with any person falling within Article 27(4) (including requirements as to those who must be consulted before the decision is made, and those who must be notified when it has been made);
(b) the supervision or medical examination of the child concerned;
(c) the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom he has been allowed to live;
(d) the records to be kept by authorities.
(1) Where a child is being looked after by an authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and—
(a) his parents;
(b) any person who is not a parent of his but who has parental responsibility for him; and
(c) any relative, friend or other person connected with him.
(2) Where a child is being looked after by an authority—
(a) the authority shall take such steps as are reasonably practicable to secure that—
(i) his parents; and
(ii) any person who is not a parent of his but who has parental responsibility for him,
are kept informed of where he is being accommodated; and
(b) every such person shall secure that the authority is kept informed of the address of that person.
(3) Where an authority ( “the receiving authority”) takes over the provision of accommodation for a child from another authority ( “the transferring authority”) under Article 21(2)—
(a) the receiving authority shall (where reasonably practicable) inform—
(i) the child's parents; and
(ii) any person who is not a parent of his but who has parental responsibility for him;
(b) paragraph (2)(a) shall apply to the transferring authority, as well as the receiving authority, until at least one such person has been informed of the change; and
(c) paragraph (2)(b) shall not require any person to inform the receiving authority of his address until he has been so informed.
(4) Nothing in this Article requires an authority to inform any person of the whereabouts of a child if—
(a) the child is in the care of the authority; and
(b) the authority has reasonable cause to believe that informing the person would prejudice the child's welfare.
(5) Any person who fails without reasonable excuse to comply with paragraph (2)(b) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) It shall be a defence in any proceedings under paragraph (5) to prove that the defendant was residing at the same address as another person who was the child's parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address.
(1) Paragraph (2) applies where—
(a) a child is being looked after by an authority; and
(b) the conditions mentioned in paragraph (3) are satisfied.
(2) The authority may—
(a) make payments to—
(i) a parent of the child;
(ii) any person who is not a parent of his but who has parental responsibility for him; or
(iii) any relative, friend or other person connected with him,
in respect of travelling, subsistence or other expenses incurred by that person in visiting the child; or
(b) make payments to the child, or to any person on his behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in his visiting—
(i) a parent of his;
(ii) any person who is not a parent of his but who has parental responsibility for him; or
(iii) any relative, friend or other person connected with him.
(3) The conditions are that—
(a) it appears to the authority that the visit in question could not otherwise be made without undue financial hardship; and
(b) the circumstances warrant the making of the payments.
(1) Where it appears to an authority in relation to any child whom the authority is looking after that—
(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 Article, the authority 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 which appointed him any reasonable expenses incurred by him for the purposes of his functions under this Article.
(3) A person's appointment as a visitor in pursuance of this Article shall be terminated if—
(a) he gives notice in writing to the authority which appointed him that he resigns the appointment; or
(b) the authority gives him notice in writing that the authority has terminated it.
(4) The termination of such an appointment shall not prejudice any duty under this Article to make a further appointment.
(5) Where an authority proposes to appoint a visitor for a child under this Article, the appointment shall not be made if—
(a) the child objects to it; and
(b) the authority is satisfied that the child has sufficient understanding to make an informed decision.
(6) Where a visitor has been appointed for a child under this Article, the authority shall terminate the appointment if—
(a) the child objects to its continuing; and
(b) the authority is satisfied that the child has sufficient understanding to make an informed decision.
(7) The Department may make regulations as to the circumstances in which a person appointed as a visitor under this Article is to be regarded as independent of the authority appointing him.
(1) While a child is being looked after by an authority, or is a person qualifying for advice and assistance (within the meaning given by Article 35), the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into.
(2) Where an authority has undertaken any such obligation under any deed or articles it may at any time (whether or not it is still looking after the person concerned) undertake the like obligation under any supplemental deed or articles.
(1) An authority may only arrange for, or assist in arranging for, any child in its care to live outside Northern Ireland with the approval of the court.
(2) An authority may, with the approval of every person who has parental responsibility for the child, arrange for, or assist in arranging for, any other child looked after by the authority to live outside Northern Ireland.
(3) The court shall not give its approval under paragraph (1) unless it is satisfied that—
(a) living outside Northern Ireland would be in the child's best interests;
(b) suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live;
(c) the child has consented to living in that country; and
(d) every person who has parental responsibility for the child has consented to his living in that country.
(4) Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, or other suitable person.
(5) Where a person whose consent is required by paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person—
(a) cannot be found;
(b) is incapable of consenting; or
(c) is withholding his consent unreasonably.
(6) Article 58 of the Adoption Order (which requires authority for taking or sending abroad a child for adoption) shall not apply in the case of any child who is to live outside Northern Ireland with the approval of the court given under this Article.
(7) Where a court decides to give its approval under this Article it may order that its decision is not to have effect during the appeal period.
(8) In paragraph (7) “the appeal period” means—
(a) where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal; and
(b) otherwise, the period during which an appeal may be made against the decision.
(1) If a child who is being looked after by an authority dies, the authority—
(a) shall notify the Department;
(b) shall, so far as is reasonably practicable, notify the child's parents and every person who is not a parent of his but who has parental responsibility for him;
(c) may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child's body to be buried or cremated; and
(d) may, if the conditions mentioned in paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child's funeral.
(2) The conditions are that—
(a) it appears to the authority that the person concerned could not otherwise attend the child's funeral without undue financial hardship; and
(b) that the circumstances warrant the making of the payments.
(3) Paragraph (1) does not authorise cremation where it does not accord with the practice of the child's religious persuasion.
(4) Where an authority has exercised its power under paragraph (1)(c) with respect to a child who was under 16 when he died, the authority may recover from any parent of the child any expenses incurred by the authority.
(5) Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt.
(6) Nothing in this Article affects any statutory provision regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.
(1) Where a child is being looked after by an authority, the authority shall advise, assist and befriend him with a view to promoting his welfare when the authority has ceased to look after him.
(2) Where a child who is being looked after by an authority is an eligible child, the authority shall have the following additional duties in relation to him.
(3) In paragraph (2) "eligible child" means, subject to paragraph (4), a child who—
(a) is aged 16 or 17; and
(b) has been looked after by an authority for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of 16.
(4) The Department may prescribe—
(a) additional categories of eligible children; and
(b) categories of children who are not to be eligible children despite falling within paragraph (3).
(5) For each eligible child, the authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for the authority to provide him under this Order—
(a) while it is still looking after him; and
(b) after it ceases to look after him,
and shall then prepare an pathway plan for him.
(6) The authority shall keep the pathway plan under regular review.
(7) Any such review may be carried out at the same time as a review of the child's case carried out by virtue of Article 45.
(8) The Department may by regulations make provision as to assessments for the purposes of paragraph (5).
(9) The regulations may in particular make provision about—
(a) who is to be consulted in relation to an assessment;
(b) the way in which an assessment is to be carried out, by whom and when;
(c) the recording of the results of an assessment;
(d) the considerations to which the authority is to have regard in carrying out an assessment.
(10) The authority shall arrange for each eligible child whom it is looking after to have a personal adviser.
(1) The responsible authority shall have the functions set out in Article 34C in respect of a relevant child.
(2) In paragraph (1) "relevant child" means (subject to paragraph (3)) a child who—
(a) is not being looked after by an authority;
(b) was, before last ceasing to be looked after, an eligible child for the purposes of Article 34A; and
(c) is aged 16 or 17.
(3) The Department may prescribe—
(a) additional categories of relevant children; and
(b) categories of children who are not to be relevant children despite falling within paragraph (2).
(4) In paragraph (1) the "responsible authority" is the one which last looked after the child.
(5) If under paragraph (3)(a) the Department precribes a category of relevant children which includes children who do not fall within paragraph 2(b) (for example, because they were being looked after by a local authority in Great Britain), the Department may in the regulations also provide for which authority is to be the responsible authority for those children.
(1) An authority shall take reasonable steps to keep in touch with a relevant child for whom it is the responsible authority, whether he is within the authority's area or not.
(2) An authority shall appoint a personal adviser for each relevant child (if it had not already done so under Article 34A).
(3) An authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of Article 34A, shall—
(a) carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for the authority to provide him under this Part; and
(b) prepare a pathway plan for him.
(4) The authority may carry out such an assessment at the same time as any assessment of his needs is made under any statutory provision referred to in sub-paragraphs (a) to (c) of paragraph 4 of Schedule 2, or under any other statutory provision.
(5) The Department may by regulations make provision as to assessments for the purposes of paragraph (3).
(6) The regulations may in particular provide for the matters set out in Article 34A(9).
(7) The authority shall keep the pathway plan under regular review.
(8) The responsible authority shall safeguard and promote the child's welfare and, unless the authority is satisfied that his welfare does not require it, support him by—
(a) maintaining him;
(b) providing him with or maintaining him in suitable accommodation; and
(c) providing support of such other descriptions as may be prescibed.
(9) Support under paragraph (8) may be in cash.
(10) The Department may by regulations make provision about the meaning of "suitable accommodation" and in particular about the suitability of landlords or other providers of accommodation.
(11) If it has lost touch with a relevant child, despite taking reasonable steps to keep in touch, the authority must without delay—
(a) consider how to re-establish contact; and
(b) take reasonable steps to do so,
and while the child is still a relevant child the authority must continue to take such steps until it succeeds.
(12) Paragraphs (7) to (9) of Article 18 apply in relation to support given under this Article as they apply in relation to assistance given under Article 18.
(13) Paragraphs (2) and (3) of Article 26 apply in relation to any decision by an authority for the purposes of this Article as they apply in relation to the decisions referred to in that Article.
(1) Each authority shall have the duties provided for in this Article towards—
(a) a person who has been a relevant child for the purposes of Article 34B (and would be one if he were under 18), and in relation to whom that authority was the last reponsible authority; and
(b) a person who was being looked after by that authority when he attained the age of 18, and immediately before ceasing to be looked after was an eligible child,
and in this Article such a person is referred to as a "former relevant child".
(2) The authority shall take reasonable steps—
(a) to keep in touch with a former relevant child whether he is within the authority's area or not; and
(b) if the authority loses touch with him, to re-establish contact.
(3) The authority shall—
(a) continue the appointment of a personal advisor for a former relevant child; and
(b) continue to keep his pathway plan under regular review.
(4) The authority shall give a former relevant child—
(a) assistance of the kind referred to in Article 35B(1), to the extent that his welfare requires it;
(b) assistance of the kind referred to in Article 35B(2), to the extent that his welfare and his educational or training needs require it;
(c) other assistance, to the extent that his welfare requires it.
(5) The assistance given under paragraph (4)(c) may be in kind or, in exceptional circumstances, in cash.
(6) Subject to paragraph (7), the duties set out in paragraphs (2), (3) and (4) subsist until the former relevant child reaches the age of 21.
(7) If the former relevant child's pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—
(a) the duty set out in paragraph (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and
(b) the duties set out in paragraphs (2) and (3) continue to subsist concurrently with that duty.
(8) For the purposes of paragraph (7)(a) there shall be disregarded any interruption in a former relevant child's pursuance of a programme of education or training if the authority is satisifed that he will resume it as soon as is reasonably practicable.
(9) Article 35B(5) applies in relation to a person being given assistance under paragraph (4)(b) as it applies in relation to a person to whom Article 35B(3) applies.
(10) Paragraphs (7) to (9) of Article 18 apply in relation to assistance given under this Article as they apply in relation to assistance given under Article 18.
(1) The Department may by regulations require every authority to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of 16 but not the age of 21 who are not—
(a) the children referred to in Article 34A(10);
(b) children who are relevant children for the purposes of Article 34B; or
(c) the young persons referred to in Article 34D.
(2) Personal advisers appointed under this Part shall (in addition to any other functions) have such functions as the Department prescribes.
(1) In this Part, a reference to a “pathway plan” is to a plan setting out—
(a) in the case of a plan prepared under Article 34A—
(i) the advice, assistance and support which the authority intends to provide a child under this Part, both while the authority is looking after him and later; and
(ii) when the authority might cease to look after him; and
(b) in the case of a plan prepared under Article 34C, the advice, assistance and support which the authority intends to provide under this Part,
and dealing with such other matters (if any) as may be prescribed.
(2) The Department may by regulations make provision about pathway plans and their review.
(1) In this Part “a person qualifying for advice and assistance” means a person who—
(a) is under 21; and
(b) at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered.
(2) In paragraph (1)(b) “looked after, accommodated or fostered” means—
(a) looked after by an authority;
(b) accommodated by or on behalf of a voluntary organisation;
(c) accommodated in a private children's home;
(d) accommodated for a consecutive period of at least three months in—
(i) any accommodation provided by the Education Authority ; or
(ii) any residential care home; or
(iii) any hospital; or
(iv) any nursing home; or
(v) any prescribed accommodation; or
(e) privately fostered.
(3) Paragraph (2)(d) applies even if the period of three months mentioned there began before the child reached the age of 16.
(4) In the case of a person qualifying for advice and assistance by virtue of paragraph (2)(a), the authority which last looked after him shall take such steps as it thinks appropriate to contact him at such times as it thinks appropriate with a view to discharging its functions under Articles 35A and 35B.
(5) In each of Articles 35A and 35B, the authority under the duty or having the power mentioned there ( “the relevant authority”) is—
(a) in the case of a person qualifying for advice and assistance by virtue of paragraph (2)(a), the authority which last looked after him; or
(b) in the case of any other person qualifying for advice and assistance, the authority within whose area the person is (if he has asked for help of a kind which can be given under Article 35A or 35B).
(1) The relevant authority shall consider whether the conditions in paragraph (2) are satisfied in relation to a person qualifying for advice and assistance.
(2) The conditions are that—
(a) he needs help of a kind which the authority can give under this Article or Article 35B; and
(b) in the case of a person who was not being looked after by an authority, the relevant authority is satisifed that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.
(3) If the conditions are satisfied—
(a) the relevant authority shall advise and befriend him if he was being looked after by an authority or was accommodated by or on behalf of a voluntary organisation; and
(b) in any other case the relevant authority may do so.
(4) Where as a result of this Article an authority is under a duty, or is empowered, to advise and befriend a person, it may also give him assistance.
(5) The assistance may be in kind or, in exceptional circumstances, in cash.
(6) Paragraphs (7) to (9) of Article 18 apply in relation to assistance given under this Article or Article 35B as they apply in relation to assistance given under Article 18.
(1) The relevant authority may give assistance to any person who qualifies for advice and assistance by virtue of Article 35(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.
(2) The relevant authority may give assistance to a person to whom paragraph (3) applies by—
(a) contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or
(b) making a grant to enable him to meet expenses connected with his education or training.
(3) This paragraph applies to any person who—
(a) is under 24; and
(b) qualifies for advice and assistance by virtue of Article 35(2)(a), or would have done so if he were under 21.
(4) Where an authority is assisting a person under paragraph (2) it may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.
(5) Where the authority is satisfied that a person to whom paragraph (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, the authority shall give him assistance by—
(a) providing him with suitable accommodation during the vacation; or
(b) paying him enough to enable him to secure such accommodation himself.
(6) The Department may prescribe the meaning of “full-time”, “further education”, “higher education” and “vacation” for the purposes of paragraph (5).
(1) Where it appears to an authority that a person—
(a) with whom it is under a duty to keep in touch under Article 34C, 34D or 35; or
(b) whom it has been advising and befriending under Article 35A; or
(c) to whom it has been giving assistance under Article 35B,
proposes to live, or is living, in the area of another authority, the authority must inform that other authority.
(2) Where a child who is accommodated—
(a) by a voluntary organisation or in a private children's home; or
(b) as mentioned in Article 35(2)(d),
ceases to be so accommodated, after reaching the age of 16, the person providing the accommodation shall inform the authority within whose area the child proposes to live.
(1) Every authority shall establish a procedure for considering representations (including complaints) made to it by—
(a) a relevant child for the purposes of Article 34B or a young person falling within Article 34D;
(b) a person qualifying for advice and assistance; or
(c) a person falling within Article 35B(2),
about the discharge of its functions under this Part in relation to him.
(2) In considering representations under paragaph (1), an authority shall comply with regulations made by the Department for the purposes of this paragraph.
The Children (Northern Ireland) Order 1995 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/nisi-1995-755
Contains public sector information licensed under the Open Government Licence v3.0.
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