The Armed Forces (Protection of Children of Service Families) Regulations 1996

Review of protection orders

9.—(1) Subject to paragraph (2) below, before reaching any decision on a review of a protection order, the officer carrying out the review shall afford—

(a) the responsible person;

(b) the child to whom the protection order relates;

(c) his parents;

(d) any other person who has parental responsibility for him; and

(e) any other person with whom he was residing immediately before the making of the application,

an opportunity to make representations to him (including oral representations).

(2) Paragraph (1) above shall not oblige the officer carrying out the review to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person; save that, where on a review of a protection order it appears to the officer carrying out the review that the order should be discharged, he shall in all cases afford the responsible person an opportunity to make representations before discharging the order.

(3) Any person having the right to make representations under paragraphs (1) and (2) above shall be entitled—

(a) to attend any hearing which is held for the purposes of the review; and

(b) to be represented at any such hearing.

(4) Following a review of a protection order, the officer carrying out the review shall ensure that he communicates in writing the reasons for any decision he reaches to the persons mentioned in paragraph (1) above.

(5) Where the officer carrying out a review gives a direction under section 20(4) of the Act, or varies or revokes any direction previously given under that subsection, he shall make a record on the original order accordingly; and a copy of the order as so amended shall be sent to the persons mentioned in paragraph (1) above.