Citation, commencement and application

1. —(1) These Regulations may be cited as the Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations apply to England only.

Interpretation

2. In these Regulations—

“the Act” means the Children Act 1989;

“advocacy services” means assistance provided under arrangements made by a local authority under section 26A(1) of the Act;

“advocate” means a person who provides assistance under arrangements made by a local authority under section 26A(1) of the Act;

“complainant” means a person making representations under section 24D of the Act or a child making representations under section 26 of the Act;

“the Representations Regulations” means the Representations Procedure (Children) Regulations 1991( 2 ).

Persons who may not provide assistance

3. A person may not provide assistance under the arrangements made by a local authority under section 26A(1) of the Act to persons who make or intend to make representations under section 24D of the Act or to a child who makes or intends to make representations under section 26 of the Act if —

(a) he is or may be the subject of the representations;

(b) he is responsible for the management of a person who is or may be the subject of the representations;

(c) he manages the service which is or may be the subject of the representations;

(d) he has control over the resources allocated to the service which is or may be the subject of the representations; or

(e) he is or may become involved in the consideration of the representations on behalf of the local authority.

Information to be provided to a complainant etc.

4. —(1) Where a local authority receive representations from a complainant they must—

(a) provide him with information about advocacy services; and

(b) offer him help in obtaining an advocate.

(2) Where a local authority become aware that a person or child intends to make representations under section 24D or, as the case may be, section 26(3) they must—

(a) provide the person or child with information about advocacy services; and

(b) offer him help in obtaining an advocate.

Monitoring of compliance with the Regulations

5. A local authority must monitor the steps that they have taken with a view to ensuring that they comply with these Regulations in particular by keeping a record about each advocate appointed under arrangements made by the local authority under section 26A(1) of the Act.

Amendment of the Representations Regulations

6. —(1) The Representations Regulations shall be amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “representations” insert ““section 26A advocate” means a person who is appointed to provide assistance to the complainant under arrangements made by a local authority under section 26A(1) of the Act.”.

(3) In regulation 4 (preliminaries)—

(a) in paragraph (2) after the word “complainant” insert “and any section 26A advocate”;

(b) in paragraph (2A) after the word “complainant” insert “and any section 26A advocate”.

(4) In regulation 7 (withdrawal of representations) after the word “them” insert “or any section 26A advocate acting on his behalf”.

(5) In regulation 8 (notification to complainant and reference to panel)—

(a) in paragraph (1)(a) after the word “complainant” insert “and any section 26A advocate”;

(b) in paragraph (2) after the word “complainant” insert “, or any section 26A advocate on his behalf”;

(c) in paragraph (5)(a) after the word “complainant” insert “(or any section 26A advocate on his behalf)”; and

(d) in paragraph (6) after the word “meeting” in the second place where it occurs insert “by any section 26A advocate or” and after the word “nominate” insert “the section 26A advocate or”.

(6) In regulation 9(2)(b) (recommendations) after the word “complainant” insert “and any section 26A advocate”.

Transitional provisions

7. —(1) Where at the time that these Regulations come into force a complainant has made representations to the local authority and the procedure for considering the representations has not come to an end, then, subject to the provisions of paragraph (2), the local authority must provide the complainant with the information and assistance which the local authority are required to provide under regulation 4.

(2) For the purpose of paragraph (1) the procedure for considering the representations is to be treated as being at an end once the panel have met to consider the representations in accordance with regulation 8 of the Representations Regulations even if they have not made their recommendation in accordance with regulation 9 of the Representations Regulations.