OpenLegislation

Regulation 4 Preliminaries

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a local authority receive representations from anycomplainant, except from a person to whom section 26(3)(e) may apply,they shall send to the complainant an explanation of the procedure setout in these Regulations, and offer assistance and guidance on the useof the procedure, or give advice on where he may obtain it.

(2)

Where oral representations are made, the authority shall forthwithcause them to be recorded in writing, and sent to the complainant, whoshall be given the opportunity to agree that they are accuratelyrecorded in writing.

(3)

For all other purposes of these Regulations the written record towhichparagraph (2) refers shall be deemed to be the representations.

(4)

Where a local authority receive representations from a person towhom they consider section 26(3)(e) may apply they shall—

(a)

forthwith consider whether the person has a sufficient interest inthe child’s welfare to warrant his representations being considered bythem;

(b)

if they consider that he has a sufficient interest, cause therepresentations to be dealt with in accordance with the provisions ofthese Regulations, and send to the complainant an explanation of theprocedure set out in the Regulations, and offer assistance and guidanceon the use of the procedure, or give advice on where he may obtain it;

(c)

if they consider that he has not got a sufficient interest theyshall notify him accordingly in writing, and inform him that no furtheraction will be taken;

(d)

if they consider it appropriate to do so having regard to hisunderstanding, they shall notify the child of the result of theirconsideration.

(5)

Where paragraph (4)(b) applies, the date at which the authorityconclude that the person has a sufficient interest shall be treated forthe purpose of these Regulations as the date of receipt of therepresentations.