23NN.—(1) A parent of a child who is the subject of a special care order or an interim special care order, a guardian or a person who has a bona fide interest in the child, may request, in writing, the F190[Child and Family Agency] to carry out an appraisal of the child in respect of the special care provided to him or her, the care requirements of the child, the behaviour of the child before the provision of such special care and the risk such behaviour poses to his or her life, health, safety, development or welfare.

(2) Where a request under subsection (1) is made, the F190[Child and Family Agency] shall, subject to subsection (3), carry out an appraisal referred to in subsection (1).

(3) Where, pursuant to a request referred to in subsection (1), the F190[Child and Family Agency] decides not to carry out an appraisal, the F190[Child and Family Agency] shall inform, in writing, the person who made the request of that decision and the reasons for it.

(4) Where the F190[Child and Family Agency] decides not to carry out an appraisal pursuant to a request referred to in subsection (1), the person who made that request may appeal the decision in accordance with this section within 14 days of receipt of the written notification in the prescribed form stating the reasons for the appeal.

(5) Where the F190[Child and Family Agency] receives an appeal under subsection (4) it shall, with the consent of the Minister, appoint a person who—

(a) has, in the opinion of the F190[Child and Family Agency], the necessary qualifications, training or experience, or a combination thereof, and

(b) is not an employee of the F190[Child and Family Agency].

(6) The person appointed pursuant to subsection (5) to consider an appeal under subsection (4) shall—

(a) be independent in the performance of his or her functions,

(b) comply with guidelines issued under subsection (10) by the F190[Child and Family Agency] in respect of the procedure to be followed with respect to the consideration of the appeal,

(c) consider any written or oral objections made by the appellant in support of the appeal,

(d) make a decision in writing determining the appeal as soon as practicable in all the circumstances of the case, and

(e) send a copy of the decision referred to in paragraph (d) to the appellant and the F190[Child and Family Agency] together with the reasons for that decision.

(7) The appellant or the F190[Child and Family Agency] may appeal to the High Court against the decision referred to in subsection (6)(d) on a point of law.

(8) An appeal under subsection (7) shall, where the appellant requests, be heard otherwise than in public.

(9) A decision of the High Court on an appeal under subsection (7) shall be final except that, by leave of the High Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

(10) The F190[Child and Family Agency] shall issue guidelines in respect of the procedure to be followed in respect of an appeal under this section.]