Search Legislation

The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Removal and accommodation of children by police in cases of emergency

65.—(1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—

(a)remove the child to suitable accommodation and keep him there; or

(b)take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

(2) For the purposes of this Order, a child with respect to whom a constable has exercised his powers under this Article is referred to as having been taken into police protection.

(3) As soon as is reasonably practicable after taking a child into police protection, the constable shall secure that the case is inquired into by a designated officer.

(4) In this Article “designated officer” means a police officer designated for the purposes of this Article—

(a)by the Chief Constable; or

(b)by such other police officer as the Chief Constable may direct.

(5) As soon as is reasonably practicable after a child has been taken into police protection, the designated officer shall—

(a)inform the authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this Article and the reasons for taking them;

(b)give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;

(c)inform the child (if he appears capable of understanding)—

(i)of the steps that have been taken with respect to him under this Article and of the reasons for taking them; and

(ii)of the further steps that may be taken with respect to him under this Article;

(d)take such steps as are reasonably practicable to discover the wishes and feelings of the child; and

(e)where the child was taken into police protection by being removed to accommodation which is not provided—

(i)by or on behalf of an authority; or

(ii)as a refuge, in compliance with the requirements of Article 70,

secure that he is moved to accommodation which is so provided.

(6) As soon as is reasonably practicable after a child has been taken into police protection, the designated officer shall take such steps as are reasonably practicable to inform—

(a)the child’s parents;

(b)every person who is not a parent of his but who has parental responsibility for him; and

(c)any other person with whom the child was living immediately before being taken into police protection,

of the steps that have been taken under this Article with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Article.

(7) On completing any inquiry under paragraph (3), the designated officer shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

(8) No child may be kept in police protection for more than 72 hours.

(9) While a child is being kept in police protection—

(a)neither the constable referred to in paragraph (1) nor the designated officer shall have parental responsibility for him; but

(b)the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).

(10) Where a child has been taken into police protection, the designated officer shall allow—

(a)the child’s parents;

(b)any person who is not a parent of the child but who has parental responsibility for him;

(c)any person with whom the child was living immediately before he was taken into police protection;

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

(e)any person who is allowed to have contact with the child by virtue of an order under Article 53; and

(f)any person acting on behalf of any of those persons,

to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.

(11) Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, paragraph (10) shall have effect as if it referred to the authority rather than to the designated officer.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources