Commentary on Sections Section 174 – Representations relating to certain children etc
439.Section 174 requires a local authority to establish a procedure for considering representations that relate to certain children and young people and those who look after them. It replicates to a large extent the provisions of section 26(3) to (3C) of the Children Act 1989 which are to be disapplied in relation to Wales. The representations that may be considered under this procedure fall into three categories:
440.Subsection (6) requires the local authority to ensure that the procedure it establishes under this section guarantees that representations will be considered by at least one person who is not a member or officer of the local authority concerned and that one or more such persons will also participate in any subsequent discussions about the action to be taken. This is to ensure there is a sufficient degree of independence built into the process to ensure that the views of potentially vulnerable children and young people are given adequate weight. The regulations can disapply this requirement in situations where representations are being considered or discussed for the purposes of trying to resolve matters informally (see subsection (8)). Subsection (9) requires a local authority to publicise the procedure it establishes under this section.