Section 181 Child’s Right Act

Section 181 Child’s Right Act 2003 is about Review of cases and inquiries into representatives. It is under Part XV (State Government Support for Children and Families) of the Act.

(1) The Minister may make regulations requiring the case of each child who is being looked after by a State Government to be reviewed in accordance with the provisions of the regulations.

(2) The regulations may, in particular, make provisions‐
(a) as to the manner in which each case is to be reviewed;
(b) as to the considerations to which a State Government is to have regard in reviewing each case;
(c) as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

(d) requiring a State Government, before conducting any review, to seek the views of‐
(i) the child, having regard to his age and understanding;
(ii) the parents of the child;
(iii) a person who though not a parent of a child, has parental responsibility for the child; and
(iv) any other person it considers relevant, including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e) requiring the State Government to consider, in the case of a child who is in its care, whether an application should be the care order;
(f) requiring the State Government to consider, in the case of a child in accommodation provided by the State Government, whether the accommodation accords with the requirements of this Part of this Act;

(g) requiring the State Government to inform
(i) the child, so far as is reasonably practicable,
(ii) the parents of the child,
(iii) a person who, though not a parent of a child has parental responsibility for the child; and
(iv) any other pen it considers relevant, of any steps he may take under this Act;

(h) requiring the State Government to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which it proposes to take in the course, or as a result of the reviews;
(i) requiring the State Government to monitor the arrangements which it has made with a view to ensuring that it complies with the regulations;

(j) requiring the State Government to notify details of the result of the review and of my decision taken by it in consequence of the review to‐ .
(i) the child;
(ii) the parents of the child;
(iii) a person who, though not a parent of a child has parental responsibility for the child; and
(iv) any other person whom it considers ought to be notified.

(3) Every State Government shall establish a procedure for considering a representation including a complaint, made to it by‐
(a) a child who is being looked after by the State Government or who is not being looked after by it but is in need;
(b) a parent of the child;

(c) a person who, though not a parent of a child has parental responsibility for the child;
(d) any State Government foster parent;
(e) such other person as the State Government considers has a sufficient interest in the child’s welfare to warrant his representations being considered by it, about the discharge by the State Government of any of its functions under this Part of this Act in relation to the child.

(4) The procedure established pursuant to subsection (3) of this section shall ensure that at least one person who is not a member or officer of the State Government takes part in the‐
(a) considerations; and ‐
(b) discussions which are held by the State Government about the action, if any, to be taken in relation to the child in the light of the considerations.

(5) In carrying out any consideration of representations under this section, a State Government shall comply with any regulations made by the Minister for the purpose of regulating the procedure to be followed.

(6) The Minister may make regulations requiring State Governments to monitor the arrangements that they have made with a view to ensuring that they comply with regulations made, for the purposes of Subsection (5) of this section.

(7) Where a representation has been considered under the procedure established by a State Government under this section, that State Government shall‐
(a) have due regard to the findings of those considering the representation
(b) take such steps as are reasonably practicable to notify, in writing‐
(i) the person making the representation;
(ii) the child, if the State Government considers that he has sufficient understanding; and
(iii) the parents of the child; or
(iv) such other persons, if any, as appear to the State Government to be likely to be
affected, of that State Government’s decision in the matter and its reasons for taking that decision and of any action which has taken or proposes to take.

(8) Every State Government shall give such publicity to its procedure for considering representations under this section as it considers appropriate.