Welfare of Children Ordinance, 2008 - St Helena

42 Welfare of Children
LAWS OF
ST. HELENA
subsection (1)(a).
Department's duty to investigate
57. (1) Where the Department—
(a) is informed that a child is in police protection; or
(b) has reasonable cause to believe that a child is suffering, or likely to suffer,
significant harm,
the Department shall make or cause to be made such enquiries as it considers necessary to
enable it to decide whether it should take any action to safeguard or promote the welfare of the
child.
(2) Where the Department has obtained an emergency protection order with respect to
a child, it shall make or cause to be made such enquiries as it considers necessary to enable it to
decide what action it should take to safeguard or promote the welfare of the child.
(3) The enquiries shall in particular be directed towards establishing—
(a) whether the Department should make any application to the court, or exercise any
of its other powers under this Ordinance, with respect to the child;
(b) whether, in the case of a child with respect to whom an emergency protection order
has been made, or who is not in accommodation provided by or on behalf of the
Department, it would be in the best interests of the child (while an emergency
protection order remains in force) for him to be in such accommodation; and
(c)
whether, in the case of a child who has been taken into police protection, it would
be in his best interests to ask for an application to be made under section 56(6).
(4) Where enquiries are being made under subsection (1) with respect to a child, the
Department shall (with a view to enable it to determine what action, if any, to take with respect
to him) take such steps as are reasonably practicable—
(a)
(b)
to obtain access to him; or
to ensure that access to him is obtained, on its behalf, by a person authorised by it
for the purpose,
unless the Department is satisfied that it already has sufficient information with respect to him.
(5) Where, as a result of any enquiries made under this section, it appears to the
Department that there are matters connected with the education of the child that should be
investigated, it shall consult the Chief Education Officer 11 .
(6) Where, in the course of enquiries made under this section any officer of the
Department, or any person authorised by the Department to act on its behalf in connection with
those enquiries, is refused access to the child concerned, or is denied information as to his
whereabouts, the Department shall apply for an emergency protection order, a child assessment
order, a care order or a supervision order unless it is satisfied that his welfare can be
satisfactorily safeguarded without its doing so.
(7) If, on the conclusion of any enquiries or review made under this section, the
Department decides not to apply for an order mentioned in subsection (6), it shall—
(a) consider whether it would be appropriate to review the case at a later date; and
(b) if it decides that it would be, determine the date on which that review is to begin.
(8) Where, as a result of complying with this section, the Department concludes that it
should take action to safeguard or promote the child's welfare, it shall take that action (so far as
it is both within its power and reasonably practicable for it to do so).
Discovery of children in need of protection
11 Gazette Notice No. 63 of 1 July 2011: Title changed to Director of Education and Employment
This e-version of the text is not authoritative for use in court.