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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Investigation into child’s circumstances

56.—(1) Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or a supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

(2) Where the court gives a direction under this Article the authority concerned shall, when undertaking the investigation, consider whether it should—

(a)apply for a care or a supervision order with respect to the child;

(b)provide services or assistance for the child or his family; or

(c)take any other action with respect to the child.

(3) Where an authority undertakes an investigation under this Article, and decides not to apply for a care or a supervision order with respect to the child concerned, the authority shall inform the court of—

(a)its reasons for so deciding;

(b)any service or assistance which the authority has provided, or intends to provide, for the child and his family; and

(c)any other action which the authority has taken, or proposes to take, with respect to the child.

(4) The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.

(5) The authority named in a direction under paragraph (1) must be—

(a)the authority in whose area the child is ordinarily resident; or

(b)where the child is not ordinarily resident in the area of an authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.

(6) If, on the conclusion of any investigation or review under this Article, the authority decides not to apply for a care or a supervision order with respect to the child—

(a)the authority shall consider whether it would be appropriate to review the case at a later date; and

(b)if the authority decides that it would be, the authority shall determine the date on which that review is to begin.

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