Adoption and Children Act (Northern Ireland) 2022

• (b) the prospective adopter is the partner of a parent of the child.

• (5) References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.

• (6) The Department may by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which the Department considers necessary or expedient.

• (7) In this section “agreement” includes an arrangement (whether or not enforceable).

Offence of breaching restrictions under section 96

97

• (1) A person who contravenes section 96(1) is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.

• (2) A person (“P”) is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 96(2) unless it is proved that P knew or had reason to suspect that the child was handed over to the person in contravention of paragraph (e) of that subsection.

• (3) A person (“P”) is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 96(2) unless it is proved that P knew or had reason to suspect that the step taken would contravene the paragraph in question.

• (4) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

Restriction on reports

98

• (1) A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.

• (2) If a person (“P”)—

• (a) contravenes subsection (1); or

• (b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

P is guilty of an offence.

• (3) If a person who works for an appropriate voluntary organisation—

• (a) contravenes subsection (1); or

• (b) causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,

the person who manages the appropriate voluntary organisation is also guilty of the offence.

• (4) A person (“P”) is not guilty of an offence under subsection (2)(b) unless it is proved that P knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1); but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether P had the knowledge or reason mentioned.

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

Prohibition of certain payments

99

• (1) This section applies to any payment (other than an excepted payment) which is made for or in consideration of—

• (a) the adoption of a child;

• (b) giving any consent required in connection with the adoption of a child;

• (c) removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the United Kingdom, the Channel Islands and the Isle of Man for the purpose of adoption;

• (d) a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court) taking any step mentioned in section 96(2);

• (e) preparing, causing to be prepared or submitting a report the preparation of which contravenes section 98(1).

• (2) In this section and section 100, removing a child from the United Kingdom has the same meaning as in section 84.

• (3) Any person who—

• (a) makes any payment to which this section applies;

• (b) agrees or offers to make any such payment; or

• (c) receives or agrees to receive or attempts to obtain any such payment,

is guilty of an offence.

• (4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £10,000, or both.

Excepted payments

100

• (1) A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under this Act, the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.

• (2) A payment is an excepted payment if it is made to an adoption agency by—

• (a) a parent or guardian of a child; or

• (b) a person who adopts or proposes to adopt a child;

in respect of expenses reasonably incurred by the adoption agency in connection with the adoption or proposed adoption of the child.

• (3) A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which the person has made or proposes to make for an adoption order, a placement order, or an order under section 23, 49 or 83.

• (4) A payment made as mentioned in section 99(1)(c) is an excepted payment if—

• (a) the condition in section 84(2) is met; and

• (b) the payment is made in respect of the travel and accommodation expenses reasonably incurred in removing the child from the United Kingdom for the purpose of adoption.

Sections 96 to 100: interpretation

101

In sections 96 to 100—

• “adoption agency” includes an adoption agency in Great Britain;

• “payment” includes reward; and

references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the United Kingdom, the Channel Islands and the Isle of Man.

Information

Pre-commencement adoptions: information

102

• (1) Regulations under section 9 may make provision for the purpose of—

• (a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption;

• (b) assisting a natural parent of a person referred to in paragraph (a) to obtain information in relation to that person’s adoption; and

• (c) facilitating contact between persons referred to in paragraph (a) and their relatives.

• (2) Regulations under section 9 may make provision for the purpose of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person’s relatives.

• (3) Regulations under section 9 may make provision for the purpose of authorising or requiring adoption agencies in prescribed circumstances to disclose or provide access to prescribed information relating to the adoption of a person adopted before the appointed day who has attained the age of 18.

• (4) For a purpose within subsection (1) or (2) the regulations may confer functions on—

• (a) adoption agencies; and

• (b) the Registrar General.

• (5) For a purpose within subsection (1) or (2) the regulations may—

• (a) authorise or require any person mentioned in subsection (4) to disclose information;

• (b) authorise or require the disclosure of information contained in records of any court kept under the Public Records Act (Northern Ireland) 1923.

• (6) For a purpose within subsection (1), (2) or (3) the regulations may impose conditions on the disclosure of information, including conditions restricting its further disclosure.

• (7) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (3) or (4) or in respect of the disclosure of information under subsection (5)(b); but an adopted person (“A”) may not be required to pay any fee in respect of any information disclosed to A or to which A was provided access.

• (8) An authorisation or requirement to disclose information by virtue of subsection (3) or (5)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.

• (9) The making of regulations by virtue of subsections (4) to (7) which relate to the Registrar General requires the approval of the Department of Finance.

• (10) In this section—

• “appointed day” means the day appointed for the commencement of sections 55 to 64;

• “prescribed” means prescribed by regulations under section 9;

• “relative”, in relation to an adopted person (“A”), means any person who (but for A’s adoption) would be related to A by blood (including half-blood), marriage or civil partnership.

Proceedings

Proceedings for offences

103

Proceedings for an offence by virtue of section 9 or 58 may not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by any person other than the RQIA.

Appeals

104

• (1) An appeal lies to the High Court against—

• (a) the making by a county court of any order under this Act; or

• (b) any refusal by a county court to make such an order,

as if the decision had been made in the exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (original civil jurisdiction) and the appeal were brought under Article 60 of that Order (ordinary appeals in civil cases).

• (2) On an appeal under subsection (1), the High Court may make such orders as may be necessary to give effect to its determination of the appeal.

• (3) Where an order is made under subsection (2), the High Court may also make such incidental or consequential orders as appear to it to be just.

• (4) Any order of the High Court made on an appeal under subsection (1) (other than one directing that an application be re-heard by the county court) is to be treated, for the purposes of—

• (a) the enforcement of the order; and

• (b) any power to vary, revive or discharge orders,

as if it were an order of the county court from which the appeal was brought and not an order of the High Court.

• (5) Subsections (1) to (4) are subject to paragraphs (14) and (15) of Article 166 of the Children Order.

Privacy

105

• (1) Rules of court may make provision for the court to sit in private in any proceedings under this Act.

• (2) In Schedule 2 to the Administration of Justice Act 1960, in sub-paragraph (1) of the entry relating to section 12, in subsection (1)(a)(ii) after “1995” insert “or the Adoption and Children Act (Northern Ireland) 2022”.

• (3) Paragraphs (2) to (9A) of Article 170 of the Children Order have effect for the purposes of this Act as if references in those paragraphs to that Order included references to this Act.

• (4) This section is without prejudice to—

• (a) the generality of any other power to make rules of court; or

• (b) any other power of the court to sit in private.

Children’s court guardians

Children’s court guardians

106

• (1) Rules of court must provide for the appointment in prescribed cases of a children’s court guardian for the purposes of any relevant application.

• (2) Rules of court may provide for the children’s court guardian—

• (a) to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner;

• (b) where the court so requests, to prepare a report on matters relating to the welfare of the child in question;

• (c) to perform prescribed functions.

• (3) A report prepared in pursuance of the rules of court on matters relating to the welfare of a child must—

• (a) deal with prescribed matters (unless the court orders otherwise); and

• (b) be made in the manner required by the court.

• (4) A person who—

• (a) in the case of an application for the making, varying or revocation of a placement order, is employed by the adoption authority which made the application;

• (b) in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed the child; or

• (c) is within a prescribed description,

is not to be appointed under subsection (1).

• (5) In this section, “relevant application” means an application for—

• (a) the making, varying or revocation of a placement order;

• (b) the making of an order under section 23, or the varying or revocation of such an order;

• (c) the making of an adoption order, or

• (d) the making of an order under section 83.

• (6) Rules may make provision as to the assistance which the court may require a children’s court guardian to give to it.

• (7) In subsections (1) to (4) “prescribed” means prescribed by rules of court.

• (8) The Department may by regulations provide that children’s court guardians appointed under this section must be selected from persons employed or approved for that purpose by such special agency or other public body as may be prescribed.

• (9) Subsection (8) is not to be taken to prejudice the power of the Lord Chief Justice to confer or impose duties on the Official Solicitor under section 75(2) of the Judicature (Northern Ireland) Act 1978.

• (10) The regulations may, in particular, make provision—

• (a) for the employment or approval of persons for the purposes of this section by such special agency or other public body as may be prescribed;

• (b) as to the qualifications for appointment as a children’s court guardian;

• (c) as to the training to be given to children’s court guardians or to persons with a view to their appointment as children’s court guardians; and

• (d) for monitoring the work of children’s court guardians.

• (11) The Department may, with the approval of the Department of Finance, make such grants as the Department considers appropriate with respect to expenditure incurred under regulations made under subsection (8).

Right of access to adoption agency records

107

• (1) Where a children’s court guardian has been appointed to act under section 106(1), the children’s court guardian has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.

• (2) Where a children’s court guardian takes a copy of any record which the children’s court guardian is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any—

• (a) report which the children’s court guardian makes to the court in the proceedings in question; or

• (b) evidence which the children’s court guardian gives in those proceedings.

• (3) Subsection (2) has effect regardless of any statutory provision or rule of law which would otherwise prevent the record in question being admissible in evidence.

Evidence

Evidence of consent

108

• (1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules of court, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.

• (2) A document signifying any such consent which purports to be witnessed in accordance with rules of court is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Orders made in Great Britain, etc.

Effect of certain Scottish orders and provisions

109

• (1) A Scottish adoption order has effect in Northern Ireland as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

• (2) A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in Northern Ireland as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

• (3) Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection (4) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.

• (4) The provisions are—

• (a) section 20 (restrictions on removal: child placed for adoption);

• (b) section 21 (restrictions on removal: notice of intention to adopt given);

• (c) section 22 (restrictions on removal: application for adoption order pending).

• (5) Orders made under section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions) are to have effect in Northern Ireland as if they were orders of the High Court under section 38 of this Act.

• (6) In this section—

• “Scottish adoption order” includes an order under section 25 of the Adoption (Scotland) Act 1978 (interim adoption orders);

• “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009).

Effect of certain orders made in England and Wales

110

• (1) The following have effect in Northern Ireland as they have effect in England and Wales—

• (a) an adoption order within the meaning of section 46(1) of the Adoption and Children Act 2002;

• (b) an order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act;

• (c) an order under section 26 of that Act (contact);

• (d) an order under section 41 of that Act (recovery orders).

• (2) Any person who contravenes any of the provisions of the Adoption and Children Act 2002 mentioned in subsection (3) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.

• (3) The provisions are—

• (a) section 30 (general prohibitions on removal);

• (b) section 34 (placement orders: prohibitions on removal);

• (c) section 36 (restrictions on removal).

Use of adoption records from Great Britain, etc.

111

Any document which is receivable as evidence of any matter—

• (a) in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007;

• (b) in England and Wales under section 77(4) and (5) of the Adoption and Children Act 2002; or

• (c) in the Isle of Man or any of the Channel Islands under a statutory provision corresponding to section 76(3) of this Act,

is also receivable as evidence of that matter in Northern Ireland.

Channel Islands and the Isle of Man

112

• (1) Regulations may provide—

• (a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Department to correspond in its effect to the order in question;

• (b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Department to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly;

• (c) for a reference in any provision of this Act to a statutory provision (including a provision contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Department to correspond in its effect to that statutory provision;

• (d) for any reference in any provision of this Act to the United Kingdom or to Great Britain to include the Isle of Man or any of the Channel Islands.

• (2) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.

General

Avoiding delay

113

• (1) In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any rules made by virtue of subsection (2))—

• (a) draw up a timetable with a view to determining such a question without delay; and

• (b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.

• (2) Rules of court may—

• (a) prescribe periods within which prescribed steps must be taken in relation to such proceedings; and

• (b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.

Service of notices etc.

114

• (1) Any notice or information required to be given by virtue of this Act may be given by post.

• (2) Section 24 of the Interpretation Act (Northern Ireland) 1954 has effect in relation to this Act as if in subsection (1) the word “registering” were omitted.

Jurisdiction of courts

115

• (1) In this Act “the court” means the High Court or a county court.

• (2) Subsection (1) is subject to any provision made by or under subsection (4) or Schedule 7 to the Children Order.

• (3) In paragraphs 1 and 2 of Schedule 7 to the Children Order, after “this Order” in each place where it occurs insert “or the Adoption and Children Act (Northern Ireland) 2022”.

• (4) The Department of Justice may, after consulting the Lord Chief Justice, by order provide for courts of summary jurisdiction to be included among the courts who may hear proceedings under this Part.

• (5) Any power to make an order under subsection (4) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under this Act or any other statutory provision.

PART 2 — Children order amendments

Definition of family proceedings

116

In Article 8 of the Children Order (residence, contact and other orders with respect to children), in paragraph (4) after sub-paragraph (h) insert—

(ha) Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 20 of that Schedule).

,

Article 8 orders: authority foster parents

117

In Article 9 of the Children Order (restrictions on making Article 8 orders)—

• (a) in paragraph (3)(c), for “three years” substitute “one year”; and

• (b) omit paragraph (4).

Duration of residence orders

118

• (1) The Children Order has effect in relation to a child who is looked after by an authority (within the meaning of that Order) as follows.

• (2) Article 9(6) (restrictions on making Article 8 orders) has effect as if for the words from the beginning to “Article 8 order” there were substituted “No court shall make a specific issue order, contact order or prohibited steps order”.

• (3) Article 179(10) (duration of Article 8 orders), has effect as if after “Article 8 order” there were inserted “other than a residence order”.

Special guardianship

119

• (1) After Article 14 of the Children Order insert—

(14A⁠) (1) A “special guardianship order” is an order appointing one or more persons to be a child’s “special guardian” (or special guardians). (2) A special guardian— (a) must be aged 18 or over; and (b) must not be a parent of the child in question, and paragraphs (3) to (6) are to be read in that light. (3) The court may make a special guardianship order with respect to any child on the application of a person who— (a) is entitled to make such an application with respect to the child; or (b) has obtained the leave of the court to make the application, or on the joint application of more than one such person. (4) The persons who are entitled to apply for a special guardianship order with respect to a child are— (a) any guardian of the child with whom the child has lived for a period of at least one year immediately preceding the application; (b) any person in whose favour a residence order is in force with respect to the child and with whom the child has lived for a period of at least one year immediately preceding the application; (c) any person listed in paragraph (5)(b) of Article 10 (as read with paragraph (10) of that Article); (d) any person listed in paragraph (5)(c) of Article 10 and with whom the child has lived for a period of at least one year immediately preceding the application; (e) an authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application; (f) a relative with whom the child has lived for a period of at least one year immediately preceding the application. (5) A person may not apply for leave to make an application for a special guardianship order with respect to a child unless the child concerned has lived with the person who may be appointed as the child’s special guardian for a period of at least one year immediately preceding the application. (6) The court may also make a special guardianship order with respect to a child— (a) in any family proceedings in which a question arises with respect to the welfare of the child if an application for the order has been made by a person who falls within paragraph (3)(a) or (b) (or more than one such person jointly); or (b) in any proceedings on an application for a care or supervision order in which a question arises with respect to the welfare of the child if the court considers that a special guardianship order should be made even though no such application has been made. (7) No person may make any application under paragraph (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, the person has given written notice of intention to make the application— (a) if the child in question is being looked after by an authority, to that authority; or (b) otherwise, to the authority in whose area the person is ordinarily resident. (8) On receipt of such a notice, the authority must investigate the matter and prepare a report for the court dealing with— (a) the suitability of the applicant to be a special guardian; (b) such matters (if any) as may be prescribed; and (c) any other matter which the authority considers to be relevant. (9) The court may itself ask an authority to conduct such an investigation and prepare such a report, and the authority must do so. (10) If the child in question is being looked after by an authority, a report referred to in paragraph (8) or (9) must be prepared in accordance with prescribed arrangements. (11) The authority may make such arrangements as it sees fit for any person to act on its behalf in connection with conducting an investigation or preparing a report referred to in paragraph (8) or (9). (12) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in paragraph (8). (13) Paragraphs (8) and (9) of Article 10 apply in relation to special guardianship orders as they apply in relation to Article 8 orders. (14) This Article is subject to section 26(5) and (6) of the Adoption and Children Act (Northern Ireland) 2022. (14B⁠⁠) (1) Before making a special guardianship order, the court must consider whether, if the order were made— (a) a contact order should also be made with respect to the child; and (b) any Article 8 order in force with respect to the child should be varied or discharged. (2) On making a special guardianship order, the court may also— (a) give leave for the child to be known by a new surname; (b) grant the leave required by Article 14C(3)(b), either generally or for specified purposes. (14C⁠⁠) (1) The effect of a special guardianship order is that while the order remains in force— (a) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and (b) subject to any other order in force with respect to the child under this Order, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). (2) Paragraph (1) does not affect— (a) the operation of any statutory provision or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or (b) any rights which a parent of the child has in relation to the child’s adoption or placement for adoption. (3) While a special guardianship order is in force with respect to a child, no person may— (a) cause the child to be known by a new surname; or (b) remove the child 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. (4) Paragraph (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of the child. (5) If the child with respect to whom a special guardianship order is in force dies, the special guardian of the child must take reasonable steps to give notice of that fact to— (a) each parent of the child with parental responsibility; and (b) each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian. (6) This Article is subject to section 26(7) of the Adoption and Children Act (Northern Ireland) 2022. (14D) (1) The court may vary or discharge a special guardianship order on the application of— (a) the special guardian (or any of them, if there are more than one); (b) any parent or guardian of the child concerned; (c) any person in whose favour a residence order is in force with respect to the child; (d) any person not falling within any of sub-paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child; (e) the child; or (f) an authority designated in a care order with respect to the child. (2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under paragraph (1). (3) The following must obtain the leave of the court before making an application under paragraph (1)— (a) the child; (b) any parent or guardian of the child; (c) any step-parent of the child who has acquired, and has not lost, parental responsibility for the child by virtue of Article 7(1A); (d) any person falling within paragraph (1)(d) who, immediately before the making of the special guardianship order had, but no longer has, parental responsibility for the child. (4) Where the person applying for leave to make an application under paragraph (1) is the child, the court may only grant leave if it is satisfied that the child has sufficient understanding to make the proposed application under paragraph (1). (5) The court may not grant leave to a person falling within paragraph (3)(b), (c) or (d) unless it is satisfied that there has been a change in circumstances since the making of the special guardianship order. (14E) (1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court must (in the light of any rules made by virtue of paragraph (3))— (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 the timetable is adhered to. (2) Paragraph (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises. (3) The power to make rules of court in paragraph (2) of Article 11 applies for the purposes of this Article as it applies for the purposes of Article 11. (4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period. (5) Article 11(7) (apart from sub-paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to Article 8 orders. (14F) (1) Each authority must make arrangements for the provision within its area of special guardianship support services, which means— (a) counselling, advice and information; and (b) such other services as are prescribed, in relation to special guardianship. (2) The power to make regulations under paragraph (1)(b) is to be exercised so as to secure that authorities provide financial support. (3) An authority must at the request of— (a) a relevant child; (b) a special guardian of a relevant child; (c) a prospective special guardian of a relevant child; (d) a parent of a relevant child; or (e) any other person who falls within a prescribed description (subject to sub-paragraph (a) of paragraph (10)), carry out an assessment of that person’s needs for special guardianship support services. (4) In paragraph (3)— (a) “relevant child” means a child in respect of whom— (i) a special guardianship order is in force; (ii) a person has given notice to an authority under Article 14A(7) of intention to make an application for a special guardianship order; or (iii) a court is considering whether a special guardianship order should be made and has asked an authority to conduct an investigation and prepare a report under Article 14A(9); (b) “prospective special guardian” means a person— (i) who has given notice to an authority under Article 14A(7) of the person’s intention to make an application for a special guardianship order; or (ii) in respect of whom a court has requested that an authority conduct an investigation and prepare a report under Article 14A(9). (5) An authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services. (6) Where, as a result of an assessment, an authority decides that a person has needs for special guardianship support services, it must then decide whether to provide any such services to that person, subject to paragraph (7). (7) An authority must provide special guardianship support services to a person under paragraph (6) where that person falls within— (a) any of sub-paragraphs (a) to (d) of paragraph (3); or (b) a prescribed description. (8) If— (a) an authority decides to provide any special guardianship support services to a person under paragraph (6) or is under a duty to do so by virtue of paragraph (7); and (b) the circumstances fall within a prescribed description, the authority must prepare a plan in accordance with which special guardianship support services are to be provided to that person, and keep the plan under review. (9) The Department may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services. (10) The regulations may in particular make provision— (a) as to the circumstances in which a person mentioned in sub-paragraph (e) of paragraph (3) is to have a right to request an assessment of that person’s needs in accordance with that paragraph; (b) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out; (c) about the way in which a plan is to be prepared; (d) about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed; (e) about the considerations to which an authority is to have regard in carrying out an assessment or review or preparing a plan; (f) as to the circumstances in which an authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support); (g) as to the consequences of conditions imposed by virtue of sub-paragraph (f) not being met (including the recovery of any financial support provided); (h) as to the circumstances in which this Article may apply to an authority in respect of persons who are outside that authority’s area; (i) as to the circumstances in which an authority may recover from another authority the expenses of providing special guardianship support services to any person. (11) An authority may provide special guardianship support services (or any part of them) by securing their provision by— (a) another authority; or (b) a person within a prescribed description of persons who may provide special guardianship support services, and may also arrange with another authority or any such person for that other authority or that person to carry out the authority’s functions in relation to assessments under this Article. (12) An authority may carry out an assessment of the needs of any person for the purposes of this Article at the same time as an assessment of the person’s needs is made under any other provision of this Order or under any other statutory provision. (13) Article 46 (co-operation between authorities and other bodies) applies in relation to the exercise of functions of an authority under this Article as it applies in relation to the exercise of functions of an authority under Part 4.

.

• (2) In Article 3 of that Order (child’s welfare to be paramount consideration), in paragraph (4)(b), after “discharge” insert “a special guardianship order or”.

• (3) In Article 57 of that Order (interim orders), after paragraph (3) insert—

(3A) Where, in any proceedings on an application for a care or a supervision order, a court makes a special guardianship order with respect to the child concerned, it may also make an interim supervision order with respect to the child if it considers it necessary to do so to satisfactorily safeguard the child’s welfare.

.

• (4) In Article 159 of that Order (appointment of guardians by court), in paragraph (1)—

• (a) in sub-paragraph (b), for “or guardian” substitute “, guardian or special guardian”; and

• (b) at the end of sub-paragraph (b) add—

; or (c) sub-paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.

.

• (5) In Article 160 of that Order (appointment of guardians by parent or guardian)—

• (a) in paragraph (2), at the end add “; and a special guardian of a child may appoint another person to be the child’s guardian in the event of the special guardian’s death”; and

• (b) in paragraph (5), at the end of sub-paragraph (b) add “or the person was the child’s only (or last surviving) special guardian”.

Ascertainment of children’s wishes

120

• (1) In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others) after paragraph (4) insert—

(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.

.

• (2) In Article 21 of the Children Order (provision of accommodation for children: general), in sub-paragraphs (a) and (b) of paragraph (6) after “wishes” insert “and feelings”.

• (3) In Article 66 of the Children Order (authority’s duty to investigate), after paragraph (5) insert—

(5A) For the purposes of making a determination under this Article as to the action to be taken with respect to a child, 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 action to be taken with respect to the child; 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.

.

Provision of services to children in need, etc.

121

• (1) In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others), for paragraph (6) substitute—

(6) The services provided by an authority in the exercise of functions conferred on it by this Article may include— (a) giving assistance in kind; (b) subject to paragraph (6A), giving assistance in cash; (c) in the case of an eligible child and subject to paragraph (6B), providing accommodation. (6A) In deciding whether to give assistance in cash, the authority must have regard to any guidance provided by the Department. (6B) In providing accommodation, the authority must have regard to any guidance provided by the Department. (6C) In paragraph (6) “eligible child” means a child who is not being looked after by an authority and— (a) is disabled; or (b) falls within a prescribed category.

.

• (2) In Article 25 of the Children Order (interpretation), in paragraph (2) (accommodation), before “34C” insert “18,”.

Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training

122

• (1) In Article 26 of the Children Order (general duty of authority), after paragraph (1) insert—

(1A) The duty of an authority under paragraph (1)(a) to safeguard and promote the welfare of a child looked after by the authority includes in particular a duty to promote, facilitate and support the child’s — (a) learning and development; and (b) achievement in relation to education or training.

.

• (2) In Article 27 of the Children Order (accommodation and maintenance for children), in paragraph (8)—

• (a) at the end of sub-paragraph (a), omit the word “and”;

• (b) at the end of sub-paragraph (b) add

; and (c) the child’s education or training will not be disrupted.

.

Corporate parenting principles

123

After Article 26 of the Children Order (general duty of authority) insert—

(26A) (1) An authority must, in carrying out functions in relation to persons to whom this Article applies, have regard to the need— (a) to act in their best interests, and promote their well-being; (b) to encourage them to express their views, wishes and feelings; (c) to take into account their views, wishes and feelings; (d) to help them gain access to, and make the best use of, services provided by the authority and any relevant partner; (e) to promote high aspirations, and seek to secure the best outcomes, for them; (f) for them to be safe, and for stability in their home lives, relationships and education or work; and (g) to prepare them for adulthood and independent living. (2) This Article applies to— (a) children who are looked after by an authority; (b) relevant children within the meaning given by Article 34B(2); and (c) persons aged under 25 (or such other age as may be prescribed) who are former relevant children within the meaning given by Article 34D(1). (3) In this Article— - “relevant partner” means— children’s authority within the meaning given by section 9 of the Children’s Services Co-operation Act (Northern Ireland) 2015; other children’s service provider within the meaning given by section 9 of the Children’s Services Co-operation Act (Northern Ireland) 2015; - “well-being” has the meaning given by section 1 of the Children’s Services Co-operation Act (Northern Ireland) 2015. (4) An authority must have regard to any guidance given by the Department as to the performance of the duty under paragraph (1).

.

Placement of looked after children with prospective adopters

124

In Article 27 of the Children Order (accommodation and maintenance for children), after paragraph (9) insert—

(9A) Paragraph (9B) applies (subject to paragraph (9C)) where an authority— (a) is considering adoption for a child; or (b) is satisfied that a child ought to be placed for adoption but is not authorised under section 16 of the Adoption and Children Act (Northern Ireland) 2022 (placing children with parental consent) or by virtue of section 18 of that Act (placement orders) to place the child for adoption. (9B) Where this paragraph applies— (a) paragraphs (7A) to (9) do not apply to the authority; (b) the authority must consider placing the child with a person who— (i) falls within paragraph (7)(b); and (ii) is approved as an authority foster parent; and (c) where the authority decides that such a placement is not the most appropriate placement for the child, the authority must consider placing the child with a person who— (i) is approved as a prospective adopter; and (ii) is approved as an authority foster parent. (9C) Paragraph (9B) does not apply where an authority has applied for a placement order under section 18 of the Adoption and Children Act (Northern Ireland) 2022 in respect of the child and the application has been refused. (9D) In paragraph (9B)— - “approved as a prospective adopter” means approved as such in accordance with regulations made under section 9 of the Adoption and Children Act (Northern Ireland) 2022; - “approved as an authority foster parent” means approved as such in accordance with regulations made under Article 28A.

.

Accommodation for children: requirements

125

• (1) Article 27 of the Children Order (accommodation and maintenance for children) is amended as follows.

• (2) In paragraph (2)(aa) after “him” insert “(subject to any regulations made by the Department)”.

• (3) After paragraph (7) insert—

(7A) The Department may by regulations impose requirements which an authority must comply with before making any decision concerning the provision of accommodation for a child whom it is looking after.

.

• (4) In Article 28 of the Children Order (regulations under Article 27), after paragraph (3) insert—

(4) Regulations under Article 27(7A) may, in particular, impose requirements which an authority must comply with— (a) before making any decision concerning the provision of accommodation for a child whom it is looking after, which could disrupt the child’s education; (b) before making any decision to provide a child whom it is looking after with accommodation at a place outside the area of the authority; or (c) if a child’s welfare requires the immediate provision of accommodation at a place outside the area of the authority, within such period of the accommodation being provided as may be prescribed.

.

Authority foster parents

126

After Article 28 of the Children Order (regulations under Article 27) insert—

(28A) (1) Regulations under Article 27(2)(a) may, in particular, make provision— (a) for securing that a child is not placed with an authority foster parent unless that person is approved as an authority foster parent in accordance with prescribed arrangements; (b) establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Department for a review of that determination by a panel constituted by the Department. (2) A determination is a qualifying determination if— (a) it relates to the issue of whether a person should be approved, or should continue to be approved, as an authority foster parent; and (b) it is of a prescribed description. (3) Regulations under paragraph (1)(b) may include provision as to— (a) the duties and powers of a panel; (b) the administration and procedures of a panel; (c) the appointment of persons who may be members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment); (d) the payment of fees to members of a panel; (e) the duties of any person in connection with reviews conducted under the regulations; (f) the monitoring of any such reviews. (4) Regulations made by virtue of paragraph (3)(e) may impose a duty to pay to the Department such sum as the Department may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination. (5) The Department must secure that, taking one financial year with another, the aggregate of the sums which become payable to the Department under regulations made by virtue of paragraph (4) does not exceed the cost to the Department of performing independent review functions. (6) The Department may make an arrangement with an organisation under which independent review functions are performed by the organisation on behalf of the Department. (7) If the Department makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any directions given by the Department. (8) The arrangement may include provision for payments to be made to the organisation by the Department. (9) Payments made by the Department in accordance with such provision are to be taken into account in determining (for the purpose of paragraph (5)) the cost to the Department of performing independent review functions. (10) In this Article— - “independent review function” means a function conferred or imposed on the Department by regulations made by virtue of paragraph (1)(b); - “organisation” includes a public body and a private or voluntary organisation.

.

Duty to ensure visits to and advice etc. for children

127

After Article 28A of the Children Order (as inserted by section 126) insert—

(28B) (1) This Article applies to a child looked after by an authority. (2) The authority must— (a) ensure that the child is visited by a representative of the authority (“a representative”); (b) arrange for appropriate advice, support and assistance to be available to the child if the child seeks it from the authority. (3) The duties imposed by paragraph (2)— (a) are to be discharged in accordance with any regulations made for the purposes of this Article by the Department; (b) are subject to any requirement imposed by or under a statutory provision applicable to the place in which the child is accommodated. (4) Regulations under this Article for the purposes of paragraph (3)(a) may make provision about— (a) the frequency of visits; (b) circumstances in which the child must be visited by a representative; and (c) the functions of a representative. (5) In choosing a representative an authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

.

Former relevant children: continuing functions

128

• (1) After Article 34A of the Children Order (preparation for ceasing to be looked after) insert—

(34AA) (1) This Article applies to an eligible child (within the meaning of Article 34A) who has been placed by an authority with an authority foster parent. (2) When carrying out the assessment of the child’s needs in accordance with Article 34A(5), the authority must determine whether it would be appropriate to provide advice, assistance and support under this Order in order to facilitate a continuing care arrangement, and with a view to maintaining such an arrangement, after the authority ceases to look after the child. (3) The authority must provide advice, assistance and support under this Order in order to facilitate a continuing care arrangement if— (a) the authority determines under paragraph (2) that it would be appropriate to do so; and (b) the eligible child and the authority foster parent wish to make a continuing care arrangement. (4) In this Article, “continuing care arrangement” has the meaning given by Article 34DA.

.

• (2) After Article 34D of that Order (continuing functions in respect of former relevant children) insert—

(34DA) (1) Each authority has the duties provided for in paragraph (3) in relation to a continuing care arrangement. (2) A “continuing care arrangement” is an arrangement under which— (a) a person who is a former relevant child by virtue of Article 34D(1)(b); and (b) a person (“a former foster parent”) who was the former relevant child’s authority foster parent immediately before the former relevant child ceased to be looked after by the authority, continue to live together after the former relevant child has ceased to be looked after. (3) The authority must (in discharging duties under Article 34D(3) and by other means)— (a) monitor the continuing care arrangement; and (b) provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the continuing care arrangement. (4) Support provided to the former foster parent under paragraph (3)(b) must include financial support. (5) Paragraph (3)(b) does not apply if the authority considers that the continuing care arrangement is not consistent with the welfare of the former relevant child. (6) The duties set out in paragraph (3) subsist until the former relevant child reaches the age of 21. (7) The duties set out in paragraph (3) cease if the continuing care arrangement is brought to an end by the former relevant child or the former foster parent.

.

• (3) After Article 34DA of that Order (inserted by subsection (2)) insert—

(34DB) (1) This Article applies to a former relevant child if— (a) the former relevant child has reached the age of 21 but not 25 (or such other age as may be prescribed); and (b) an authority had duties towards the former relevant child under Article 34D (whether or not those duties subsist as a result of paragraph (7) of that Article). (2) If the former relevant child informs the authority that he or she wishes to receive advice and support under this Article, paragraphs (3) to (6) apply to the authority. (3) The authority must provide the former relevant child with a personal adviser until the former relevant child— (a) reaches the age of 25 (or such other age as may be prescribed under paragraph (1)(a)); or (b) if earlier, informs the authority that he or she no longer wants a personal adviser. (4) The authority must— (a) carry out an assessment in relation to the former relevant child under paragraph (5); and (b) prepare a pathway plan for the former relevant child. (5) An assessment under this paragraph is an assessment of the needs of the former relevant child with a view to determining— (a) whether any services offered by the authority (under this Order or otherwise) may assist in meeting the former relevant child’s needs; and (b) if so, what advice and support it would be appropriate for the authority to provide for the purpose of helping the former relevant child to obtain those services. (6) The authority must provide the former relevant child with the advice and support that it has determined as being appropriate to provide under paragraph (5)(b). (7) Where a former relevant child to whom this Article applies is receiving advice and support under this Article, the authority may continue to provide advice and support after the former relevant child has reached the age of 25 (or such other age as may be prescribed under paragraph (1)(a)) if the authority is satisfied that the former relevant child has needs that cannot be met other than by providing such advice and support. (8) Where a former relevant child to whom this Article applies is not receiving advice and support under this Article, the authority must offer such advice and support— (a) as soon as possible after the former relevant child reaches the age of 21; and (b) at least once in every 12 month period. (9) In this Article “former relevant child” has the meaning given by Article 34D(1). (34DC) (1) This Article applies to a person if— (a) the person is under the age of 25 (or such other age as may be prescribed); (b) the person is a former relevant child towards whom the duties imposed by paragraphs (2), (3) and (4) of Article 34D no longer subsist; and (c) the person has informed the responsible authority that he or she is pursuing, or wishes to pursue, a programme of education or training. (2) The responsible authority must appoint a personal adviser for a person to whom this Article applies. (3) The responsible authority must— (a) carry out an assessment of the needs of a person to whom this Article applies with a view to determining what assistance (if any) it would be appropriate for the authority to provide to the person under this Article; and (b) prepare a pathway plan for the person. (4) The responsible authority must give assistance of a kind referred to in paragraph (5) to a person to whom this Article applies to the extent that the person’s educational or training needs require it. (5) The kinds of assistance are— (a) contributing to expenses incurred by the person in living near the place where the person is, or will be, receiving education or training; or (b) making a grant to enable the person to meet expenses connected with the person’s education and training. (6) If a person to whom this Article applies pursues a programme of education or training in accordance with the pathway plan prepared for the person, the duties of the authority under this Article (and under any provision applicable to the pathway plan prepared under this Article for that person) subsist for as long as the person continues to pursue that programme. (7) For the purposes of paragraph (6), the authority may disregard any interruption in the person’s pursuance of a programme of education or training if they are satisfied that the person will resume it as soon as is reasonably practicable. (8) Paragraphs (7) to (9) of Article 18 apply to assistance given to a person under this Article as they apply to assistance given to or in respect of a child under that Article, but with the omission in paragraph (8) of the words “and of each of his parents”. (9) Paragraph (5) of Article 35B applies to a person to whom this Article applies as it applies to a person to whom paragraph (3) of that Article applies. (10) In this Article— - “former relevant child” has the meaning given by Article 34D(1); - “the responsible authority” means, in relation to a person to whom this Article applies, the authority which had the duties provided for in Article 34D towards the person.

.

• (4) In Article 35D of that Order (representations: Articles 34B to 35B), in paragraph (1) after sub-paragraph (a) insert—

(aa) a former relevant child falling within Article 34DB; (ab) a person falling within Article 34DC;

.

Local offer for care leavers

129

After Article 34F of the Children Order (Pathway Plans) insert—

(34G) (1) An authority must publish information about— (a) services which the authority offers for care leavers in the exercise of its functions under this Order; (b) other services that the authority offers that may assist care leavers in, or in preparing for, adulthood and independent living. (2) For the purposes of paragraph (1), services which may assist care leavers in, or in preparing for, adulthood and independent living include services relating to— (a) health and well-being; (b) relationships; (c) education and training; (d) employment; (e) accommodation; (f) participation in society. (3) Where it considers appropriate, an authority must publish information about services for care leavers offered by others which the authority has power to offer as a result of its functions under this Order. (4) Information required to be published by an authority under this Article is to be known as its “local offer for care leavers”. (5) An authority must update its local offer for care leavers from time to time, as appropriate. (6) Before publishing its local offer for care leavers (or any updated version) an authority must consult relevant persons about which of the services offered by the authority may assist care leavers in, or in preparing for, adulthood and independent living. (7) In this Article— - “care leavers” means— eligible children within the meaning given by Article 34A(3); relevant children within the meaning given by Article 34B(2); persons aged under 25 who are former relevant children within the meaning given by Article 34D(1); persons qualifying for advice and assistance within the meaning given by Article 35(1); - “relevant persons”, in relation to an authority, means such care leavers and other persons as appear to the authority to be representative of care leavers in its area.

.

Inquiries into representations

130

• (1) In Article 35D of the Children Order (representations: Articles 34B to 35B), after paragraph (1) insert—

(1A) Regulations may be made by the Department imposing time limits on the making of representations under paragraph (1).

.

• (2) Article 45 of the Children Order (reviews and representations) is amended in accordance with subsections (3) to (7).

• (3) In paragraph (3) (which makes provision as to the persons by whom, and the matters in respect of which, representations may be made), for “functions under this Part” substitute “qualifying functions”.

• (4) After that paragraph insert—

(3A) The following are qualifying functions for the purposes of paragraph (3)— (a) functions under this Part; (b) such functions under Part 5 or 6 as are specified by the Department in regulations. (3B) The duty under paragraph (3) extends to representations (including complaints) made to the authority by— (a) any person mentioned in section 4(1) of the Adoption and Children Act (Northern Ireland) 2022 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend; (b) any other person the authority considers has sufficient interest in a child who is or may be adopted to warrant that person’s representations being considered by the authority, about the discharge by the authority of such functions under the Adoption and Children Act (Northern Ireland) 2022 as are specified by the Department in regulations. (3C) The duty under paragraph (3) extends to any representations (including complaints) which are made to the authority by— (a) a child with respect to whom a special guardianship order is in force; (b) a special guardian or a parent of such a child; (c) any other person the authority considers has a sufficient interest in the welfare of such a child to warrant that person’s representations being considered by the authority; or (d) any person who has requested an assessment under Article 14F(3) or (4), about the discharge by the authority of such functions under Article 14F as are specified by the Department in regulations.

.

• (5) In paragraph (4) (procedure to require involvement of independent person), at the end add “, but this paragraph is subject to paragraph (5A).”.

• (6) After that paragraph insert—

(4A) Regulations may be made by the Department imposing time limits on the making of representations under this Article.

.

• (7) After paragraph (5) insert—

(5A) Regulations under paragraph (5) may provide that paragraph (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.

.

• (8) In Article 183 of the Children Order (regulations and orders), after paragraph (2) insert—

(2A) Regulations under Article 35D(1A) or Article 45(4A) must not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

.

Review of cases of looked after children

131

In Article 45 of the Children Order (reviews and representations), in paragraph (2) (regulations as to reviews)—

• (a) in sub-paragraph (e), omit “to consider” and after “care of the authority” insert—

(i) to keep the Article 50A plan for the child under review and, if the authority is of the opinion that some change is required, to revise the plan, or make a new plan, accordingly; (ii) to consider

;

• (b) in sub-paragraph (f), omit “to consider” and after “provided by the authority” insert—

(i) if there is no plan for the future care of the child, to prepare one; (ii) if there is such a plan for the child, to keep it under review and, if the authority is of the opinion that some change is required, to revise the plan or make a new plan, accordingly; (iii) to consider

.

Independent advocacy services

132

After Article 45 of the Children Order (reviews and representations) insert—

(45A⁠⁠) (1) Every authority must make arrangements for the provision of assistance to— (a) persons who make or intend to make representations under Article 35D; and (b) children who make or intend to make representations under Article 45. (2) The assistance provided under the arrangements must include assistance by way of representation. (3) The arrangements— (a) must secure that a person may not provide assistance if that person is a person who is prevented from doing so by regulations made by the Department; and (b) must comply with any other provision made by the regulations in relation to the arrangements. (4) The Department may make regulations requiring authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of paragraph (3). (5) Every authority must give such publicity to their arrangements for the provision of assistance under this Article as it considers appropriate.

.

Definition of harm

133

• (1) In Article 2(2) of the Children Order (interpretation), at the appropriate place insert—

• “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;

.

• (2) In Article 12A(1) of the Children Order (residence and contact orders and domestic violence), for the words from “through seeing” to the end of the paragraph substitute “as a result of any behaviour of the prohibited person.”.

Care plans

134

• (1) After Article 50 of the Children Order (care orders and supervision orders) insert—

(50A⁠⁠) (1) Where an application is made on which a care order might be made with respect to a child, the appropriate authority must, within such time as the court may direct, prepare a plan (a care plan) for the future care of the child. (2) While the application is pending, the authority must keep any care plan prepared by it under review and, if the authority is of the opinion some change is required, revise the plan, or make a new plan, accordingly. (3) A care plan must give any prescribed information and do so in the prescribed manner. (4) For the purposes of this Article, the appropriate authority, in relation to a child in respect of whom a care order might be made, is the authority proposed to be designated in the order. (5) In this Article references to a care order do not include an interim care order. (6) A plan prepared, or treated as prepared, under this Article is referred to in this Order as an “Article 50A plan”.

.

• (2) If—

• (a) before subsection (1) comes into operation, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the authority designated in the order, and

• (b) on the day on which that subsection comes into operation the order is in force, or would be in force but for section 26(1),

the plan is to have effect as if made under Article 50A of the Children Order.

Contact: children in care of authority

135

• (1) Article 53 of the Children Order (parental contact etc. with children in care) is amended as follows.