Functions of the Commissioner
Review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authorities in individual cases10
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.