The grounds for referral to the Children’s Convenor are contained in the Children (Guernsey and Alderney) Law, 2008 at Section 35. There is a two part test that must be satisfied. Firstly the test for compulsory intervention must be met; and secondly one of the grounds in subsection (2) must be satisfied.
The question of whether compulsory intervention may be needed in respect of a child shall only arise if -
there is, or appears to be be, no person able and willing to exercise parental responsibility in such a manner as to provide the child with adequate care, protection, guidance and control, and
at least one of the conditions in subsection (2) is satisfied.
- the child has suffered, or is likely to suffer, significant impairment to his health or development,
- the child has suffered, or is likely to suffer, sexual or physical abuse,
- the child has –
- misused drugs or alcohol, or
- deliberately inhaled a volatile substance,
- the child is exposed, or is likely to be exposed, to moral danger,
- the child –
- has displayed violent or destructive behaviour and is likely to become a danger, to himself, or others, or
- is otherwise beyond parental control,
- the child, being of 12 years of age or more, has committed –
- a criminal offence, or
- what would be a criminal offence if the child had the necessary capacity, or
- the child (being under the upper limit of the compulsory school age) is failing to attend school without good reason.