Care of Children Act 2004

123 Unfounded applications

• (1) Nothing in this subpart requires the Authority to take any action in respect of an application if it is manifest—

  • (a) that the requirements of the provisions of this subpart that are applicable to the application have not been fulfilled or complied with; or

  • (b) that the application is otherwise not well founded.

  (2) If, under this section, the Authority refuses to take any action in respect of an application, the Authority must promptly inform the applicant or, as the case may require, the Central Authority through which the application was transmitted of the grounds for the refusal.

  (3) If, under this section, the Authority refuses to take any action in respect of an application, a person aggrieved by that refusal may appeal to a District Court or a Family Court against that refusal.

  (4) On an appeal under subsection (3), the court may—

  • (a) make any order the court considers just; or

  • (b) refer the matter back to the Authority with directions to reconsider the whole or a specified part of the matter.

  (5) The court’s decision on the appeal is final.

  Compare: 1991 No 19 s 29