The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

Whistle-blowing by employee or member of child care organisation

19.—(1) This Article applies where a person to whom paragraph (2) applies reports to the Department that a child care organisation (“the organisation concerned”) has failed to comply with Article 4(1) or 16(1)(a) in relation to an individual named in the report.

(2) This paragraph applies to a person who—

(a) is an employee of a child care organisation (whether the organisation concerned or another organisation); or

(b) is—

(i) a director of such an organisation, in the case of a company; or

(ii) in any other case, a member of the governing body of such an organisation (by whatever name that body is known).

(3) On receipt of such a report the Department shall invite observations from the organisation concerned on the information submitted with the report.

(4) Where after considering—

(a) the information submitted with the report;

(b) any observations submitted by the organisation concerned; and

(c) any other information which the Department considers relevant,

the Department is of the opinion that the organisation concerned has failed to comply with Article 4(1) or 16(1)(a) in relation to an individual, the Department shall—

(i) where the Department is the responsible authority, take such action in relation to that organisation as is required by paragraph (6); or

(ii) where the Department is not the responsible authority, refer that failure to the responsible authority.

(5) Where a failure is referred to a responsible authority under paragraph (4)(ii) it shall be the duty of that authority to take such action in relation to the organisation concerned as is required by paragraph (6).

(6) The responsible authority shall take such action in relation to the organisation concerned (including in particular action with respect to the inspection or registration of that organisation) as appears to the responsible authority to be appropriate in the circumstances.

(7) For the purposes of this Article “the responsible authority”, in relation to a child care organisation, is the person or body which in the opinion of the Department is responsible for the enforcement of the statutory provisions by or by virtue of which the organisation is regulated.