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

Investigation of complaints against relevant authorities

12.—(1) Subject to paragraph (2) and Article 13, the Commissioner may conduct an investigation into a complaint made by a child or young person—

(a) that his rights have been infringed by any action taken by a relevant authority; or

(b) that his interests have been adversely affected by any such action.

(2) The Commissioner shall not exercise his power under paragraph (1) in relation to a complaint unless he is satisfied that—

(a) the complaint raises a question of principle; and

(b) the complaint does not fall within an existing statutory complaints system.

(3) For the purposes of paragraph (2), a complaint falls within an existing statutory complaints system if a statutory provision confers power on a person to make the complaint to a body or person and—

(a) that body or person has power under a statutory provision to investigate the complaint; or

(b) that body or person would have power under a statutory provision to investigate the complaint but for some exclusion or restriction in that statutory provision.

(4) Where the Commissioner decides not to conduct an investigation into a complaint made under paragraph (1), he shall prepare a statement of his reasons for that decision and shall send a copy of the statement to—

(a) the complainant; and

(b) such other persons (if any) as the Commissioner considers appropriate.