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The Children Act 1989 Representations Procedure (England) Regulations 2006

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Local resolution - consideration

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14.—(1) Where a local authority have received representations from a complainant then unless the complainant and the local authority agree that the representations should not be considered in accordance with this regulation, the local authority must consider and try to resolve the representations as soon as is reasonably practicable and in any event within 10 working days of the start date as defined in paragraphs (3) and (4).

(2) The procedure followed by the local authority in considering representations under paragraph (1) need not involve an independent person.

(3) For the purposes of this regulation the “start date” means—

(a)in the case where representations are received from a person falling within section 26(3)(e), (3B)(b) or (3C)(c) of the Act, the date on which the local authority decide that the person making the representations has a sufficient interest to warrant his representations being considered by them;

(b)in the case where the complainant has asked for an advocate but as at the date on which the representations were received by the local authority an advocate had not been appointed for him, the date on which an advocate is appointed;

(c)in any other case, the date on which the representations were received by the local authority.

(4) But the start date may, at the request of the complainant, be a date after that defined in paragraph (3) that the complainant agrees with the local authority.

(5) The local authority may extend the period for considering representations under this regulation by a maximum of 10 working days where they consider the representations to be complex.

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