The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Power to request report on child’s situation

12.—(1) This regulation applies where a Central Authority thinks it appropriate to provide a report on the situation of a child under Article 32(a) of the Convention.

(2) The Lord Chancellor may request a written report on the situation of the child from—

(a) a local authority in England, or

(b) an officer of the Children and Family Court Advisory and Support Service.

(3) The Welsh Ministers may request a written report on the situation of the child from—

(a) a local authority in Wales, or

(b) a Welsh family proceedings officer.

(4) The Department of Justice may request a written report on the situation of the child from a public authority or other person in Northern Ireland, but may do so only in circumstances where a requirement to provide information could be imposed on the public authority or other person by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

(5) A person in England and Wales or any public authority, other than a court, in Northern Ireland who receives a request for a report under this regulation must comply with the request as soon as reasonably practicable (but this is subject to paragraph (6)).

(6) Nothing in this regulation requires a person to disclose information if—

(a) Article 37 of the Convention applies, or

(b) the disclosure would constitute contempt of court or a criminal offence.

(7) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute contempt of court, the person must notify the court.

(8) If a person who receives a request under this regulation thinks that it is desirable, in responding to the request, to refer to information the disclosure of which would constitute a criminal offence unless the disclosure were authorised by a court, the person must notify the court.