Article 61 Right of children’s court guardian to have access to recordsF1

Northern Ireland

(1)

Where a person has been appointed as a children’s court guardian under this Order he shall have the right at all reasonable times to examine and take copies of—

(a)

any records of, or held by, an authority or an authorised person which were compiled in connection with the making, or proposed making, by any person of any application under this Order with respect to the child concerned;

(b)

any records of, or held by, an authority which were compiled in connection with any relevant functions, so far as those records relate to that child; or

(c)

any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.

(2)

In paragraph (1) “relevant functions” means F2social care functions (including F3social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991 and functions exercisable by virtue of a delegation direction under Article 10B(1) of that Order).

(3)

Where a children’s court guardian takes a copy of any record which he is entitled to examine under this Article, that copy or any part of it shall be admissible as evidence of any matter referred to in any—

(a)

report which he makes to the court in the proceedings in question; or

(b)

evidence which he gives in those proceedings.

(4)

Paragraph (3) has effect regardless of any statutory provision or rule of law which would otherwise prevent the record in question being admissible in evidence.

Annotations

Textual amendments

F1: Words in art. 61 substituted (13.2.2023) by Adoption and Children Act (Northern Ireland) 2022 (c. 18), ss. 137(2)(a), 160(1); S.R. 2023/12, art. 2
F2: Words in art. 61(2) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
F3: Words in art. 61(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 160; S.R. 2022/102, art. 2(b)

Notes on Children’s court guardians

Textual amendments

F1: Art. 60 cross-heading substituted (13.2.2023) by Adoption and Children Act (Northern Ireland) 2022 (c. 18), ss. 137(3), 160(1); S.R. 2023/12, art. 2