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The Commissioner for Children and Young People (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities in individual cases

10.—(1) Subject to paragraphs (2) and (3), the Commissioner may review the operation of any arrangements to which this Article applies in the case of a particular child or young person (or, as regards inspection arrangements, in the case of any particular premises).

(2) The Commissioner shall not exercise his power under paragraph (1) in relation to the operation of any arrangements made by a relevant authority in the case of a particular child or young person unless he has reasonable grounds to believe that—

(a)the arrangements in question were ineffective in safeguarding and promoting the rights and best interests of the child or young person concerned; or

(b)those arrangements did not operate, or were operated incorrectly, in relation to the child or young person concerned.

(3) The Commissioner shall not review the operation of the inspection arrangements made by a relevant authority unless he is satisfied that no other body or person has power under any statutory provision to review those arrangements.

(4) The power conferred by paragraph (1) to review the operation of any arrangements includes power to review the failure of any such arrangements to operate.

(5) Where a relevant authority has failed to make any arrangements of a kind mentioned in paragraph (1), the Commissioner may assess the effect of that failure on any particular child or young person.

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