(1) A decision-maker making a decision in relation to a child or young person under the care and protection chapters must give the child or young person a reasonable opportunity to express their views and wishes personally to the decision-maker, unless the decision-maker is satisfied that the child or young person does not have sufficient developmental capacity to express their views or wishes.
(2) A decision-maker may find out the views and wishes of a child or young person—
(a) by having regard to—
(i) anything said personally by the child or young person to the decision-maker; or
(ii) anything said by a representative of the child or young person about the child's or young person's views or wishes; or
Note Representation of children and young people is dealt with in the Court Procedures Act 2004
, pt 7A (Procedural provisions—proceedings involving children).
(iii) anything about the child's or young person's views or wishes contained in a report given to the decision-maker; or
(b) in any other way the decision-maker considers appropriate.
(3) A decision-maker must not
require a child or young person to express the child's or young person's views
or wishes about anything.