Children Act 1989 (c. 41)

Part IIIE+W+S Local Authority Support for Children and Families

Valid from 01/09/2009

Independent reviewing officersE+W

[F125AAppointment of independent reviewing officerE+W

(1)If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

(2)The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

(3)If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4)An appointee must be of a description prescribed in regulations made by the appropriate national authority.

Textual Amendments

F1Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)

25BFunctions of the independent reviewing officerE+W

(1)The independent reviewing officer must—

(a)monitor the performance by the local authority of their functions in relation to the child's case;

(b)participate, in accordance with regulations made by the appropriate national authority, in any review of the child's case;

(c)ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d)perform any other function which is prescribed in regulations made by the appropriate national authority.

(2)An independent reviewing officer's functions must be performed—

(a)in such manner (if any) as may be prescribed in regulations made by the appropriate national authority; and

(b)having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3)If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

(a)an officer of the Children and Family Court Advisory and Support Service; or

(b)a Welsh family proceedings officer.

(4)If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a)to co-operate with that individual; and

(b)to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

Textual Amendments

Valid from 01/04/2011

[F225CReferred casesE+W

(1)In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—

(a)extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b)require any functions of the officers to be performed in the manner prescribed by the regulations.

(2)The power to make regulations in this section is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the Welsh Ministers.]

Textual Amendments

F2S. 25C inserted (1.4.2011 for E., otherwise prosp) by Children and Young Persons Act 2008 (c. 23), ss. 10(2), 44

Valid from 13/11/2008

[F330AMeaning of appropriate national authorityE+W

In this Part “the appropriate national authority” means—

(a)in relation to England, the Secretary of State; and

(b)in relation to Wales, the Welsh Ministers.]]

Textual Amendments

F3S. 30A inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 22