Grounds for Referral

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.

Section 35(1)

The question of whether compulsory intervention may be needed in respect of a child shall only arise if -

  1. 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

  2. at least one of the conditions in subsection (2) is satisfied.

Section 35(2)

  1. the child has suffered, or is likely to suffer, significant impairment to his health or development,
  2. the child has suffered, or is likely to suffer, sexual or physical abuse,
  3. the child has –
    1. misused drugs or alcohol, or
    2. deliberately inhaled a volatile substance,
  4. the child is exposed, or is likely to be exposed, to moral danger,
  5. the child –
    1. has displayed violent or destructive behaviour and is likely to become a danger, to himself, or others, or
    2. is otherwise beyond parental control,
  6. the child, being of 12 years of age or more, has committed –
    1. a criminal offence, or
    2. what would be a criminal offence if the child had the necessary capacity, or
  7. the child (being under the upper limit of the compulsory school age) is failing to attend school without good reason.

Referral flow chart

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