Regulation 15 Contact and access to communicationsI1
Northern Ireland
The registered person shall –
subject to paragraphs (6) and (8), promote the contact of each child with his parents, relatives and friends in accordance with the arrangements set out in his placement plan as agreed with his placing authority; and
subject to paragraph (3), ensure that facilities are provided within the children’s home for any child accommodated there to meet privately at any reasonable time with his parents, relatives and friends, and the persons listed in paragraph (2).
The persons are –
any solicitor or other adviser or advocate acting for the child;
any guardian ad litem appointed for him;
any social worker for the time being assigned to the child by his placing authority;
any independent guardian appointed for the child under section 21 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;
any person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations (Northern Ireland) 1996f1;
any person appointed as an independent visitor for him;
any person authorised by the F2RQIA;
any person authorised by the HSS trust in whose area the children’s home is situated;
any person authorised in accordance with Article 149 of the Children Order (inspection of children’s homes, etc.) by the Department to conduct an inspection of the children’s home and the children there; and
the Commissioner.
In the case of a home in respect of which a certificate under Article 70 of the Children Orderf2 (refuges for children at risk) is in force, the facilities may be at a different address.
Subject to paragraphs (6) and (8), the registered person shall ensure that children accommodated in the home are provided at all reasonable times with access to the following facilities which they may use without reference to persons working in the home –
a telephone on which to make and receive telephone calls in private; and
facilities to send and receive post and, if the necessary facilities are provided for the use of children accommodated in the home, electronic mail, in private.
The registered person shall ensure that any disabled child accommodated in the home is provided with access to such aids, equipment and support which he may require as a result of his disability in order to facilitate his communication with others.
The registered person may (subject to paragraphs (7) and (8)) impose such restriction, prohibition or condition upon a child’s contact with any person under paragraph (1) or access to communications under paragraph (4) which he is satisfied is necessary for the purpose of safeguarding or promoting the welfare of the child in question.
No measure may be imposed by the registered person in accordance with paragraph (6) unless –
the child’s placing authority consents to the imposition of the measure; or
the measure is imposed in an emergency, and full details are given to the placing authority within 24 hours of its imposition.
This regulation is subject to the provisions of any relevant order of the court or any relevant order of the Court made under the Children Order relating to contact between the child and any person.
Annotations
Textual amendments
- F1
Reg. 15(2)(cc) inserted (19.12.2016) by The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) (Independent Guardian) Regulations (Northern Ireland) 2016 (S.R. 2016/410), regs. 1, 5(2)
- F2
Words in Regulation substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(a) (with Sch. para. 1(2))
Commencement
Footnotes
- f1
- f2
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Article 70(1) is amended by Schedule 4 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 with effect from 1st April 2005