Part 8Family group conferences

Part 8—Family group conferences 95—Application of Part This Part applies in relation to a child or young person whether or not they are, or are to be, in care. 96—Purpose of family group conferences (1) The purpose of a family group conference is to provide an opportunity for a child or young person and their family, in accordance with this Part— (a) to make informed decisions as to the arrangements for the care of the child or young person; and (b) to make voluntary arrangements for the care of the child or young person (being arrangements that are consistent with the requirements of this Act); and (c) to review those arrangements from time to time. (2) Subject to this Act, a failure to hold a family group conference does not, of itself, affect the validity of an application for an order of the Court under this Act, nor any such order. 97—Family Group Conference Guidelines (1) The Chief Executive must publish guidelines (the Family Group Conference Guidelines) relating to the conduct of family group conferences under this Act. (2) Without limiting the matters that may be included in the Family Group Conference Guidelines, the guidelines must— (a) set out the people who are entitled to attend family group conferences; and (b) set out how valid decisions are made at family group conferences; and (c) provide for the keeping of records of decisions made at family group conferences; and (d) set out how and when reviews of arrangements made at family group conferences are to be conducted; and (e) comply with any other requirements set out in the regulations. (3) The Family Group Conference Guidelines may make different provision according to the children or young people, or matters or circumstances, to which they are expressed to apply. 98—Chief Executive may convene family group conference (1) The Chief Executive may convene a family group conference in respect of a child or young person if— (a) the Chief Executive suspects that the child or young person is at risk of harm; and (b) the Chief Executive is of the opinion that it would be appropriate in all of the circumstances to make arrangements in relation to the care of the child or young person by means of a family group conference. (2) The Chief Executive may convene a family group conference in respect of an unborn child if— (a) the Chief Executive suspects that there is a risk of harm to the physical or psychological development of the unborn child (whether due to an act or omission of a parent or otherwise); and (b) the Chief Executive is of the opinion that it would be appropriate in all of the circumstances to make arrangements in relation to the care of the unborn child once born by means of a family group conference. (3) A family group conference is to be conducted by a coordinator nominated by the Chief Executive. 99—Procedures and attendees at family group conferences (1) A family group conference is to be conducted by the coordinator of the family group conference in accordance with the Family Group Conference Guidelines. (2) Subject to this Act and the Family Group Conference Guidelines, the coordinator of a family group conference may determine the procedures of the conference. (3) The coordinator of a family group conference may exclude a person entitled to attend a family group conference under the Family Group Conference Guidelines (including, to avoid doubt, the child or young person to whom the conference relates or the child or young person's parents or guardians) from attending a family group conference if the coordinator is satisfied that to do so would be in the best interests of the child or young person. (4) The coordinator of a family group conference must, in respect of the attendees at (or persons to be excluded from attending) the conference, consult with the child or young person and other persons (if any) in accordance with the Family Group Conference Guidelines. (5) The coordinator of a family group conference must, as far as is reasonably practicable, ensure that— (a) the conference is held at a time and place that is suitable to the child or young person and the child or young person's parents or guardians; and (b) a person who is entitled to attend the conference is given notice in accordance with the Family Group Conference Guidelines; and (c) a suitable person (who, to avoid doubt, need not be a legal practitioner) is arranged to act as advocate for the child or young person at the conference. (6) However, the coordinator of a family group conference need not comply with subsection (5)(c) if they are satisfied that the child or young person has made an informed and independent decision to waive their right to be so represented. 100—Chief Executive etc to give effect to decisions of family group conferences (1) Subject to this Act, the Chief Executive and State authorities should perform their functions so as to give effect to valid decisions made at a family group conference. (2) However, if a valid decision is made at a family group conference but is not implemented or complied with, the Chief Executive may apply for such an order of the Court under Part 10 as the Chief Executive considers appropriate. (3) Nothing in this section— (a) requires or authorises the Chief Executive or any other person to do something that is unlawful; or (b) requires or authorises the Chief Executive or any other person to not do something that is required to be done under another Act or law; or (c) creates legally enforceable rights or obligations on the part of the Crown, the Chief Executive, the child or young person or any other person. 101—Statements made at family group conferences not admissible (1) Subject to subsection (2), evidence of any statement made at a family group conference is not admissible in any proceedings. (2) The written record of the decisions made at a family group conference is admissible in proceedings for the purpose of establishing that those decisions were made.