SCHEDULE 1ORDERS ETC. RELATING TO THE CARE OF CHILDREN

Regulations 3(2) and 3(11)

Care, supervision and permanence orders

I11

An order under section 31(1)(a) of the 1989 Act (care order).

I22

An order under section 31(1)(b) of the 1989 Act (supervision order).

I33

An order under article 50(1)(a) of the Children (Northern Ireland) Order 199521 (care order).

I44

An order under article 50(1)(b) of the Children (Northern Ireland) Order 1995 (supervision order).

I55

An order under section 3(3) of the Children and Young Persons (Guernsey) Law 196722 (fit person order or special care order).

I66

An order made further to an application as permitted under section 48(3) of the Children (Guernsey and Alderney) Law 200823 (community parenting order).

I77

An order under section 31(1)(a) of the Children and Young Persons Act 200124 (an Act of Tynwald) (care order).

I88

An order under section 31(1)(b) of the Children and Young Persons Act 2001 (an Act of Tynwald) (supervision order).

I99

An order or determination specified in Schedule 4 to the Children (Jersey) Law 200225.

I1010

Any order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to the 1989 Act (transitional provisions for children in compulsory care) had it been in force immediately before the day on which Part 4 of the 1989 Act came into force.

I1111

A parental responsibility order made under article 7 of the Children (Northern Ireland) Order 1995.

I1212

A child protection order under section 57 of the Children (Scotland) Act 199526 or under section 37 of the Children’s Hearings (Scotland) Act 201127.

I1313

A permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 200728.

Orders imposing a residence or exclusion requirement

I1414

A supervision order which imposes a residence requirement under paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 200029, section 12AA of the Children and Young Persons Act 196930 (requirement to live in local authority accommodation), paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 200831 or paragraph 25 of Schedule 6 to the Sentencing Code.

I1515

A fit person order under section 91, 92, 95 or 97 of the Children and Young Persons Act (Northern Ireland) 196832, a parental rights order under section 104 or a training school order under section 78, sections 83 to 90, section 95 or section 97 of that Act.

I1616

An exclusion order under section 76 of the Children (Scotland) Act 1995.

I1717

A supervision order which imposes a residence requirement under paragraph 5 of Schedule 9 to the Children and Young Persons Act 2001 (an Act of Tynwald) (requirement to live in accommodation provided by the Department of Health and Social Security)33.

I1818

An order made at any time imposing a supervision requirement with respect to a child so as to remove that child from P’s care, under—

a

section 44 of the Social Work (Scotland) Act 196834, or

b

section 70 of the Children (Scotland) Act 199535.

I1919

An order made at any time vesting P’s rights and powers with respect to a child in a local authority in Scotland—

a

under section 16 of the Social Work (Scotland) Act 196836, or

b

pursuant to a parental responsibilities order under section 86 of the Children (Scotland) Act 199537.

I2020

A compulsory supervision order, within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011, or an interim compulsory supervision order, within the meaning of section 86 of that Act, made at any time with respect to a child so as to remove that child from P’s care.

Determinations in relation to P’s suitability to provide care

I2121

In relation to registration of a children’s home—

a

a refusal of P’s application for registration under section 13 of the Care Standards Act 2000,

b

cancellation of P’s registration under section 14, 20(1) or 20(A) of the Care Standards Act 2000,

c

cancellation of the registration of any person under section 14, 20(1) or 20(A) of the Care Standards Act 2000 in relation to a children’s home which P has been concerned in the management of, or has any financial interest in, or

d

refusal of P’s application for registration or cancellation of P’s registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 200338.

I2222

In relation to the registration of a care home service which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 201639 (“the 2016 Act”))—

a

a refusal of P’s application for registration under section 7 of the 2016 Act,

b

a refusal under section 12 of the 2016 Act of P’s application to vary P’s registration (made in accordance with section 11(1)(a)(i) or (ii) of that Act),

c

a cancellation of P’s registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act,

d

a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 Act in relation to a care home service provided wholly or mainly to persons under the age of 18, or a secure accommodation service, in which P has been concerned in the management, or in which P had any financial interest, or

e

a refusal of P’s application for registration or cancellation of P’s registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

I2323

Refusal at any time of P’s application for registration in relation to a voluntary home or a children’s home, or cancellation of the registration of a voluntary home or children’s home which was carried on by P or which P was otherwise concerned with the management of, or had any financial interest in, under, as the case may be—

a

paragraph 1 of Schedule 5 to the 1989 Act40,

b

paragraph 1 or 4 of Schedule 6 to the 1989 Act41,

c

section 127 of the Children and Young Persons Act (Northern Ireland) 196842,

d

article 80, 82, 96 or 98 of the Children (Northern Ireland) Order 199543,

e

Part 1 of the Regulation of Care (Scotland) Act 200144 (care home services),

f

paragraph 2 or 4 of Schedule 6 to the Children and Young Persons Act 2001 (an Act of Tynwald)45, or

g

Part 5 of the Public Services Reform (Scotland) Act 201046.

I2424

A prohibition imposed at any time under—

a

section 69 of the 1989 Act, section 10 of the Foster Children Act 198047 or section 4 of the Children Act 1958 (power to prohibit private fostering)48,

b

article 110 of the Children (Northern Ireland) Order 1995 (power to prohibit private fostering),

c

section 10 of the Foster Children (Scotland) Act 1984 (power to prohibit the keeping of foster children)49, or

d

section 59 of the Children and Young Persons Act 2001 (an Act of Tynwald) (power to prohibit or impose restrictions under private fostering).

I2525

A notice in writing given by a Health and Social Services Board under section 1(3) of the Children and Young Persons Act (Northern Ireland) 196850 (withholding consent to the care and maintenance of the child being undertaken by a person).

I2626

Refusal at any time of registration in respect of the provision of nurseries, day care, child minding or other provision of childcare, disqualification from such registration or cancellation of any such registration under—

a

section 1 or 5 of the Nurseries and Child-Minders Regulation Act 194851,

b

Part 10 or 10A of the 1989 Act52,

c

Chapter 2, 3 or 4 of Part 3 of the Childcare Act 200653,

d

Part 11 of the Children (Northern Ireland) Order 1995,

e

section 11(5) or 15 of the Children and Young Persons Act (Northern Ireland) 196854,

f

Part 1 of the Regulation of Care (Scotland) Act 200155,

g

section 1 of the Nurseries and Child Minders Regulation Act 197456 (an Act of Tynwald),

h

section 65 or 6657 of, or Schedule 758 to, the Children and Young Persons Act 2001 (an Act of Tynwald),

i

Part III of the Child Protection (Guernsey) Law 1972, or

j

Part 2 of the Measure.

I2727

Disqualification from working with children at any time under the Protection of Children (Scotland) Act 200359.

I2828

Refusal at any time of P’s application for registration or cancellation of P’s registration under section 62 of the Social Work (Scotland) Act 196860 (registration of residential and other establishments).

I2929

Refusal at any time of P’s application for registration as a provider of a child care agency under section 7 of the Regulation of Care (Scotland) Act 2001 or cancellation of any such registration under section 12 or 18 of that Act61.

I3030

Refusal at any time of P’s application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act.

I3131

Refusal at any time of P’s application for registration or cancellation of P’s registration under section 60 of the Public Services Reform (Scotland) Act 2010.

I3232

Inclusion of P’s name at any time on a list of persons unsuitable to work with children under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or disqualification from working with children under Chapter 2 of Part 2 of that Order62.