Children's Commissioner Act 2003

12 General functions of Commissioner

(1)

The general functions of the Commissioner are—

(a)

to investigate any decision or recommendation made, or any act done or omitted (other than a decision, recommendation, or act to which section 13(1)(a) applies), in respect of any child in that child’s personal capacity:

(b)

to promote the establishment of accessible and effective complaints mechanisms for children and to monitor the nature and level of complaints:

(c)

to raise awareness and understanding of children’s interests, rights, and welfare:

(d)

to raise awareness and understanding of the Convention:

(e)

to undertake and promote research into any matter that relates to the welfare of children:

(f)

to act as an advocate for children’s interests, rights, and welfare generally (except before any court or tribunal), and, in that regard, to advance and monitor the application of the Convention by departments of State and other instruments of the Crown:

(g)

if there are issues in proceedings before any court or tribunal that relate to the Convention or to the interests, rights, or welfare of children generally, to present reports on such issues to the court or tribunal, at the request of—

(i)

the court or tribunal; or

(ii)

counsel representing any party to the proceedings; or

(iii)

counsel representing any child who is the subject of the proceedings; or

(iv)

counsel assisting the court or tribunal:

(h)

to receive and invite representations from members of the public on any matter that relates to the welfare of children:

(i)

to increase public awareness of matters that relate to the welfare of children:

(j)

to promote, in relation to decisions that affect the lives of children,—

(i)

the participation of children in those decisions; and

(ii)

an approach to children’s views that, in each case, gives due weight to those views in accordance with the age and maturity of the relevant child:

(k)

to report, with or without request, to the Prime Minister on matters affecting the rights of children:

(l)

to inquire generally into, and report on, any matter, including any enactment or law, or any practice or procedure, that relates to the welfare of children.

(2)

Except as expressly provided otherwise in this or another Act, the Commissioner must act independently in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—

(a)

this Act; and

(b)

any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004).

Compare: 1989 No 24 s 411(1)(a), (d), (e), (f), (g), (2)

Section 12(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).