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Adoption and Children Act 2002

Section 118: Review of cases of looked after children

296.Section 118 amends section 26 of the Children Act 1989 (review of cases of looked after children) to provide that regulations may be made to require a local authority to review the care plan of a looked after child.  These requirements apply in the case of both children who are subject to a care order and those who are accommodated by the local authority.  When reviewing a section 31A plan the local authority may revise the plan or make a new one where necessary (new subsection (2)(a)(i)).  Where the child does not already have a care plan, the local authority is required to prepare one (new subsection (2)(b)(ii)).

297.New subsection (2)(k) requires the local authority to appoint a person of a prescribed description to carry out the functions listed at new subsection (2A) and any other prescribed functions.  The manner in which that person must perform his functions will be set out in regulations.  The functions listed at new subsection (2A) are participating in the review of the case, monitoring the performance of the authority’s functions in respect of the review and referring the case to a CAFCASS officer, if this is considered appropriate.  The Lord Chancellor may by regulations extend the functions of Officers of the Service in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to enable them to take action with regard to cases referred to them under new subsection (2A)(c).

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