Children First Act 2015

12.

Non-compliance with request to furnish child safeguarding statement

12. (1) Where, pursuant to a request made by the Agency under section 11(5)(b)(ii) , a provider of a relevant service fails to furnish the Agency with a copy of the provider’s child safeguarding statement, the Agency may, by notice in writing served on the provider—

(a) inform the provider of such failure,

(b) require the provider, within such period as may be specified in the notice, to furnish the Agency with a copy of the provider’s child safeguarding statement, and

(c) inform the provider that failure to furnish the Agency with the child safeguarding statement within the time specified in the notice may result in the provider being served with a non-compliance notice.

(2) Where a provider of a relevant service fails to comply with a requirement made by the Agency under subsection (1)(b), the Agency shall, by notice in writing served on the provider (in this section referred to as an “advance notice”) inform the provider that it is proposing to serve a non-compliance notice on the provider.

(3) The advance notice shall—

(a) inform the provider of the failure to furnish the child safeguarding statement concerned to which the notice relates,

(b) specify the period within which the child safeguarding statement shall be furnished by the provider,

(c) inform the provider that failure to furnish the child safeguarding statement within the period specified may, subject to subsection (5), result in the provider being served with a non-compliance notice, and

(d) inform the provider that he or she may make representations to the Agency in accordance with subsection (4).

(4) A provider who is served with an advance notice may, within 14 days of the receipt of the notice, make representations in writing to the Agency in respect of the proposed non-compliance notice.

(5) The Agency shall have regard to any representations made to it under subsection (4) in assessing whether to proceed with the service of the non-compliance notice.

(6) The Agency shall, subject to subsection (5), serve a non-compliance notice on a provider of a relevant service who fails to furnish the Agency with a child safeguarding statement within the period specified in the advance notice and the notice shall inform the provider concerned of the matters specified in subsections (7) and (8).

(7) A non-compliance notice shall come into effect 21 days from the date of service of the notice unless an appeal is brought by the provider under subsection (8) .

(8) A provider who is served with a non-compliance notice may, within 21 days of the date of service of the notice, appeal the non-compliance notice to the District Court.

(9) The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the District Court district in which the person on whom the non-compliance notice is served ordinarily resides or carries on any profession, business or occupation.