CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 268 Waiving of obligation to give report

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 268

(1)     If the chief executive is required to give a report about a child or young person under section 267 to someone mentioned in paragraph 267 (1) (c), (d) or (e) and—

        (a)     the chief executive considers that to give the report to the person would not be in the best interests of the child or young person; or

        (b)     the person cannot be found after reasonable inquiries;

the chief executive may apply to the court for an order waiving the need to comply with that section in relation to the person named in the order.

(2)     If the ground for applying is that the chief executive considers that to give the report to the person would not be in the best interests of the child or young person, the chief executive must cause a copy of the application to be served on each person to whom the report is required to be given.

(3)     On application under subsection (1), the court must order—

        (a)     if satisfied that—

              (i)     to give a copy of the report to the named person would not be in the best interests of the child or young person; or

              (ii)     reasonable inquiries have been made and the person cannot be found;

that the chief executive is not required to give a copy of the report to the person under section 267; or

        (b)     in any other case—that the chief executive is required to provide the person with a copy of the report.

(4)     An order under paragraph (3) (b) must specify whether the copy of the report is to be provided in full or in part.

(5)     If the court makes an order under paragraph (3) (b) it may make such other orders in relation to the provision of the copy of the report as it considers appropriate.

(6)     An application under subsection (1) may be heard ex parte.