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The Children (Northern Ireland) Order 1995
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- Northern Ireland Orders in Council
- 1995 No. 755 (N.I. 2)
- PART XVII
- Children accommodated in certain...
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The Children (Northern Ireland) Order 1995, Cross Heading: Children accommodated in certain establishments is up to date with all changes known to be in force on or before 17 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 45(2(e) words repealed by 2022 c. 18 (N.I.) Sch. 5
- art. 7(2A)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(2)
- art. 7(2B)(ba) substituted for word by 2009 c. 24 Sch. 6 para. 26(3)
- art. 10(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(b)
- art. 10(7A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 26(c)
- art. 14A?-14F and cross-heading inserted by 2022 c. 18 (N.I.) s. 119(1)
- art. 14A(7) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(6)
- art. 14C(1)(b) applied (with modifications) for specified purposes by 2022 c. 18 (N.I.) s. 26(7)(a)
- art. 14C(3)(4) excluded by 2022 c. 18 (N.I.) s. 26(7)(b)
- art. 18(6)-(6C) substituted for art. 18(6) by 2022 c. 18 (N.I.) s. 121(1)
- art. 22(3)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 29
- art. 26(1A) inserted by 2022 c. 18 (N.I.) s. 122(1)
- art. 26A inserted by 2022 c. 18 (N.I.) s. 123
- art. 27(7A) inserted by 2022 c. 18 (N.I.) s. 125(3)
- art. 27(8)(c) and word added by 2022 c. 18 (N.I.) s. 122(2)(b)
- art. 27(9A)-(9D) inserted by 2022 c. 18 (N.I.) s. 124
- art. 28(4) inserted by 2022 c. 18 (N.I.) s. 125(4)
- art. 28A inserted by 2022 c. 18 (N.I.) s. 126
- art. 28B inserted by 2022 c. 18 (N.I.) s. 127
- art. 33(9) added by 2022 c. 18 (N.I.) Sch. 3 para. 31(c)
- art. 34E(1)(d) and word inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(a)(iii)
- art. 34E(3)(4) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 32(b)
- art. 34F(1)(aa) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(a)(i)
- art. 34F(1A)-(1D) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 33(b)
- art. 34G inserted by 2022 c. 18 (N.I.) s. 129
- art. 34AA inserted by 2022 c. 18 (N.I.) s. 128(1)
- art. 34DA inserted by 2022 c. 18 (N.I.) s. 128(2)
- art. 34DB 34DC inserted by 2022 c. 18 (N.I.) s. 128(3)
- art. 35(1)-(1B) substituted for art. 35(1) by 2022 c. 18 (N.I.) Sch. 3 para. 34(a)
- art. 35(5)(za) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 34(c)
- art. 35D(1)(aa)(ab) inserted by 2022 c. 18 (N.I.) s. 128(4)
- art. 35D(1A) inserted by 2022 c. 18 (N.I.) s. 130(1)
- art. 45(2)(e)(i)(ii) inserted by 2022 c. 18 (N.I.) s. 131(a)
- art. 45(2)(f)(i)-(iii) inserted by 2022 c. 18 (N.I.) s. 131(b)
- art. 45(3A)-(3C) inserted by 2022 c. 18 (N.I.) s. 130(4)
- art. 45(4A) inserted by 2022 c. 18 (N.I.) s. 130(6)
- art. 45(5A) inserted by 2022 c. 18 (N.I.) s. 130(7)
- art. 45A?? inserted by 2022 c. 18 (N.I.) s. 132
- art. 50A?? inserted by 2022 c. 18 (N.I.) s. 134(1)
- art. 53(1)(ba) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 38(b)
- art. 53(6A) inserted by 2022 c. 18 (N.I.) s. 135(3)
- art. 53(8)(za) inserted by 2022 c. 18 (N.I.) s. 135(4)
- art. 57(3A) inserted by 2022 c. 18 (N.I.) s. 119(3)
- art. 60(6)(ha) inserted by 2022 c. 18 (N.I.) s. 138
- art. 107(7)(c) added by 2022 c. 18 (N.I.) s. 139(4)
- art. 108(2A) inserted by 2022 c. 18 (N.I.) s. 140(3)
- art. 108(3)(c) and word added by 2022 c. 18 (N.I.) s. 140(4)(c)
- art. 112A inserted by 2022 c. 18 (N.I.) s. 141
- art. 159(1)(c) and word added by 2022 c. 18 (N.I.) s. 119(4)(b)
- art. 165(2)(k) inserted by 2011 c. 24 (N.I.) s. 95(3)
- art. 170(2)-(9A) modified by 2022 c. 18 (N.I.) s. 105(3)
- art. 170(9A) inserted by 2022 c. 18 (N.I.) s. 142
- art. 179(5A) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 42
- art. 181(1) art. 181 renumbered as art. 181 (1) by 2022 c. 18 (N.I.) s, 143(3)
- art. 183(2A) inserted by 2022 c. 18 (N.I.) s. 130(8)
Children accommodated in certain establishmentsN.I.
Children accommodated in hospitalsN.I.
174.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a child is provided with accommodation in a hospital administered by a [F2Health and Social Care trust]—
(a)for a consecutive period of at least three months; or
(b)with the intention, on the part of the trust, of accommodating him for such a period,
the trust shall notify the responsible authority.
(3) Where paragraph F3... (2) applies, the F4... trust shall also notify the responsible authority when the child ceases to be accommodated in the hospital.
(4) Paragraphs [F5(2) and] (3) shall not apply where the F6... trust is the responsible authority.
(5) In this Article “the responsible authority” means—
(a)the authority appearing to the F7... trust to be the authority within whose area the child was ordinarily resident immediately before being accommodated in that hospital; or
(b)where it appears to the F7... trust that the child was not resident within the area of any authority, the authority within whose area the hospital is situated.
(6) Where an authority has been notified under this Article or would but for paragraph (4) have been notified under this Article, it shall—
(a)take such steps as are reasonably practicable to enable it to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the F8... trust; and
(b)consider the extent to which (if at all) any functions under this Order should be exercised with respect to the child by it or another F8... trust.
(7) A person authorised by an authority may enter a hospital for the purpose of establishing whether the requirements of this Article have been complied with.
(8) Any person exercising the power conferred by paragraph (7) shall, if so required, produce some duly authenticated document showing his authority to do so.
F1Art. 174(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(2); S.R. 2022/102, art. 2(b)
F2Words in art. 174(2) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F3Words in art. 174(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(3)(a); S.R. 2022/102, art. 2(b)
F4Words in art. 174(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(3)(b); S.R. 2022/102, art. 2(b)
F5Words in art. 174(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(4)(a); S.R. 2022/102, art. 2(b)
F6Words in art. 174(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(4)(b); S.R. 2022/102, art. 2(b)
F7Words in art. 174(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(5); S.R. 2022/102, art. 2(b)
F8Words in art. 174(6) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(5); S.R. 2022/102, art. 2(b)
Children accommodated in certain homes and in private hospitalsN.I.
175.—(1) Where a child is provided with accommodation in any residential care home, nursing home or private hospital—
(a)for a consecutive period of at least three months; or
(b)with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such a period,
the person carrying on the home or hospital shall notify the authority within whose area the home or hospital is carried on.
(2) Where paragraph (1) applies with respect to a child, the person carrying on the home or hospital shall also notify that authority when he ceases to accommodate the child.
(3) Where an authority has been notified under this Article, it shall—
(a)take such steps as are reasonably practicable to enable it to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated in the home or hospital; and
(b)consider the extent to which (if at all) the authority should exercise any of its functions under this Order with respect to the child.
(4) If the person carrying on any home or hospital fails, without reasonable excuse, to comply with this Article he shall be guilty of an offence.
(5) A person authorised by an authority may enter any residential care home, nursing home or private hospital within the authority's area for the purpose of establishing whether the requirements of this Article have been complied with.
(6) Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
(7) Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
(8) Any person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Children accommodated in schoolsN.I.
176.—(1) It shall be the duty of the managers of any school which provides accommodation for any child to safeguard and promote the child's welfare.
(2) Where accommodation is provided for a child by a school[F9 the [F10RQIA]] shall take such steps as are reasonably practicable to enable it to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the school.
(3) Where[F9 it] is of the opinion that there has been a failure to comply with paragraph (1) in relation to a child provided with accommodation by a school[F9 the [F10RQIA]] shall notify both the Department and the Department of Education.
[F9(4) Where accommodation is, or is to be, provided for a child by any school, a person authorised by the [F10RQIA] may, for the purpose of enabling that Authority to discharge its duty under this Article, enter at any time any premises which are, or are to be, premises of the school.]
(5) Any person entering a school in exercise of the power conferred by paragraph (4) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Department for the purposes of this Article after consultation with the Department of Education.
(6) Any person exercising that power shall, if asked to so do, produce some duly authenticated document showing his authority to do so.
(7) Any person authorised under this Article to inspect records—
(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
(b)may require—
(i)the person by whom or on whose behalf the computer is or has been so used; or
(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
(8) Any person who intentionally obstructs another in the exercise of any power conferred by this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F10Words in Order substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))
Children not accommodated in schoolsN.I.
177.—(1) Where a child is provided with accommodation by [F11the Education Authority] —
(a)for a consecutive period of at least three months; or
(b)with the intention, on the part of [F12the Education Authority] , of accommodating him for such a period,
[F11the Education Authority] shall notify the responsible authority.
(2) Paragraph (1) does not apply to accommodation to which Article 176(1) applies.
(3) Where paragraph (1) applies with respect to a child, [F13the Education Authority] shall also notify the responsible authority when it ceases to accommodate the child.
(4) In this Article “the responsible authority” means—
(a)the authority appearing to [F14the Education Authority] to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
(b)where it appears to [F14the Education Authority] that the child was not ordinarily resident within the area of any authority, the authority within whose area the accommodation is situated.
(5) Where an authority has been notified under this Article, it shall—
(a)take such steps as are reasonably practicable to enable it to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated by [F15the Education Authority] ; and
(b)consider the extent to which (if at all) the authority should exercise any of its functions under this Order with respect to the child.
F11Words in art. 177(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(26)(a) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F12Words in art. 177(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(26)(b) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F13Words in art. 177(3) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(27) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F14Words in art. 177(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(27) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F15Words in art. 177(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(27) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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