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The Care Planning, Placement and Case Review (England) Regulations 2010

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Care planning

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4.—(1) Where C is not in the care of the responsible authority and a care plan for C has not already been prepared, the responsible authority must assess C’s needs for services to achieve or maintain a reasonable standard of health or development, and prepare such a plan.

(2) Except in the case of a child to whom section 31A (care orders: care plans) applies(1), or where paragraph (6) applies, the care plan must be prepared before C is first placed by the responsible authority or, if it is not practicable to do so, within ten working days of the start of the first placement.

(3) When assessing C’s needs under paragraph (1), the responsible authority must consider whether C’s placement meets the requirements of Part 3 of the 1989 Act.

(4) Unless paragraph (5) applies, the care plan should, so far as is reasonably practicable, be agreed by the responsible authority with—

(a)any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, or

(b)if there is no such person, the person who was caring for C immediately before the responsible authority arranged a placement for C.

(5) Where C is aged 16 or over and agrees to be provided with accommodation under section 20(2), the care plan should be agreed with C by the responsible authority.

(6) Where C was first placed by the responsible authority before 1st April 2011, the care plan must be prepared as soon as reasonably practicable.

(1)

In the case of a child to whom section 31A applies, the court will set the timetable within which the care plan must be prepared.

(2)

Section 20 of the 1989 Act was amended by section 53(2) of the Children Act 2004 and by sections 139(1) and (3) of, and paragraphs 54 and 59 of Schedule 3 to, the Adoption and Children Act 2002.

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