Section 120 Ascertainment of children’s wishesI1I2

In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others) after paragraph (4) insert—

“(4A)

Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on it by this Article, an authority must, so far as is reasonably practicable and consistent with the child’s welfare—

(a)

ascertain the child’s wishes and feelings regarding the provision of those services; and

(b)

give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.”.

In Article 21 of the Children Order (provision of accommodation for children: general), in sub-paragraphs (a) and (b) of paragraph (6) after “wishes” insert “and feelings”.

In Article 66 of the Children Order (authority’s duty to investigate), after paragraph (5) insert—

“(5A)

For the purposes of making a determination under this Article as to the action to be taken with respect to a child, an authority must, so far as is reasonably practicable and consistent with the child’s welfare—

(a)

ascertain the child’s wishes and feelings regarding the action to be taken with respect to the child; and

(b)

give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.”.