The Looked After Children (Scotland) Regulations 2009

Child's plan S

5.—(1) Following an assessment made under regulation 4 the local authority must prepare a plan to be known as the “child's plan” in respect of the child.

(2) Before preparing the child's plan the local authority must, so far as is reasonably practicable and consistent with the best interests of the child, consult with–

(a) the child, taking account of their age and maturity;

(b) the child's parents;

[F1 (c) any relevant person in respect of the child;]

[F2 (d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child;]

(e) any person, of whom the local authority are aware, who has had–

(i) parental responsibilities or parental rights in respect of the child; and

(ii) charge of or control over the child; F3 ...

[F4 (ea) any sibling of the child; and]

(f) any other person as the authority consider appropriate.

(3) The child's plan must include–

(a) the assessments and findings made by the local authority under regulation 4;

(b) arrangements concerning the matters specified in Part I of Schedule 2;

(c) in each case where the local authority are considering placing or have placed the child with a kinship carer in accordance with regulation 11, with a foster carer in accordance with regulation 27 or in a residential establishment arrangements concerning the matters specified in Part II of Schedule 2;

(d) the nature of services proposed for any person to ensure the arrangements concerning the matters specified in Part I or II of Schedule 2 are met;

(e) the health assessment referred to in regulation 3.

(4) The local authority must provide a copy of the child's plan to–

(a) the child where, taking account of the child's age and maturity, the local authority consider that the child is capable of understanding the purpose and effect of the child's plan;

(b) the child's parents;

[F5 (c) any relevant person in respect of the child; and]

[F6 (d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child.]

(5) The requirements under paragraph (4)(b) or (c) do not apply where the local authority are of the view that, taking into account their duties under section 17 of the 1995 Act and the terms of any permanence order, [F7 an exclusion order or any order or warrant made by a children’s hearing or sheriff under the 2011 Act], it would not be in the child's interest for a copy of the child's plan to be given to that person.

Textual Amendments

F1 Reg. 5(2)(c) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(a)(i); S.S.I. 2013/195, arts. 2, 3

F2 Reg. 5(2)(d) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(a)(ii); S.S.I. 2013/195, arts. 2, 3

F3 Word in reg. 5(2)(e) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(4)(a)

F4 Reg. 5(2)(ea) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(4)(b)

F5 Reg. 5(4)(c) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(b)(i); S.S.I. 2013/195, arts. 2, 3

F6 Reg. 5(4)(d) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(b)(ii); S.S.I. 2013/195, arts. 2, 3

F7 Words in reg. 5(5) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(c); S.S.I. 2013/195, arts. 2, 3