Statutory Instruments
CHILDREN AND YOUNG PERSONS
Made
2nd April 1991
Laid before Parliament
10th April 1991
Coming into force
14th October 1991
The Secretary of State for Health, in exercise of the powersconferred by section 34(8) of the Children Act 1989(1), and all other powers enabling him in that behalf,hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Contact with ChildrenRegulations 1991, and shall come into force on 14th October 1991.
(2) Any notice required under these Regulations is to be given inwriting and may be sent by post.
(3) In these Regulations unless the context requiresotherwise—
(a)any reference to a numbered section is to the section in theChildren Act 1989 bearing that number;
(b)any reference to a numbered regulation is to the regulation in theseRegulations bearing that number; and
(c)any reference to a Schedule is to the Schedule to these Regulations.
2. Where a local authority has decided under section 34(6) to refusecontact with a child that would otherwise be required by virtue ofsection 34(1) or a court order, the authority shall, as soon as thedecision has been made, notify the following persons in writing of thoseparts of the information specified in the Schedule as the authorityconsiders those persons need to know—
(a)the child, if he is of sufficient understanding;
(b)the child’s parents;
(c)any guardian of his;
(d)where there was a residence order in force with respect to the childimmediately before the care order was made, the person in whose favourthe order was made;
(e)where immediately before the care order was made, a person had careof the child by virtue of an order made in the exercise of the HighCourt’s inherent jurisdiction with respect to children, that person; and
(f)any other person whose wishes and feelings the authority consider tobe relevant.
3. The local authority may depart from the terms of any order undersection 34 (parental contact etc with children in care) by agreementbetween the local authority and the person in relation to whom the orderis made and in the following circumstance and subject to the followingcondition—
(a)where the child is of sufficient understanding, subject to agreementalso with him; and
(b)a written notification shall be sent to the persons specified inregulation 2 containing those parts of the information specified in theSchedule as the authority considers those persons need to know, withinseven days of the agreement to depart from the terms of the order.
4. Where a local authority varies or suspends any arrangements made(otherwise than under an order made under section 34) with a view toaffording any person contact with a child in the care of that localauthority, written notification shall be sent to those persons specifiedin regulation 2 containing those parts of the information specified inthe Schedule as the authority considers those persons need to know, assoon as the decision is made to vary or suspend the arrangements.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991
Regulations 2, 3, and 4
1. Local authority’s decision.
2. Date of the decision.
3. Reasons for the decision.
4. Duration (if applicable).
5. Remedies available in case of dissatisfaction.
(This note is not part of the Regulations)
These Regulations provide for the steps to be taken by a localauthority who have refused to allow contact between a child in care andparents and others specified in section 34(1), which include notifyingthose persons and anyone else whose wishes and feelings they consider tobe relevant (regulation 2).
They provide for the authority to depart from the terms of any orderas to contact, by agreement between the authority and the person aboutwhom the order was made, where the child agrees, if he is of sufficientunderstanding, and where a written notification of details of thedecision is sent to the person specified in regulation 2 (regulation 3).They provide for the authority to notify those persons of details of anydecision to vary or suspend any arrangements made, other than under anorder under section 34, so as to allow any person contact with a childin care (regulation 4).
The Schedule provides for the details of the information which maybe given in each case.