Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Application of these Regulations with modifications to short breaks

This section has no associated Explanatory Memorandum

48.—(1) In the circumstances set out in paragraph (2) these Regulations apply with the modifications set out in paragraph (3).

(2) The circumstances are that—

(a)C is not in the care of the responsible authority,

(b)the responsible authority have arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and

(c)the arrangement is such that—

(i)no single placement is intended to last for longer than 17 days,

(ii)at the end of each such placement, C returns to the care of C’s parent or a person who is not C’s parent but who has parental responsibility for C, and

(iii)the short breaks do not exceed 75 days in total in any period of 12 months.

(3) The modifications are that—

(a)regulations 5 and 9 do not apply, but instead the care plan must set out the arrangements made to meet C’s needs with particular regard to—

(i)C’s health and emotional and behavioural development, in particular in relation to any disability C may have,

(ii)promoting contact between C and C’s parents and any other person who is not C’s parent but who has parental responsibility for C, during any period when C is placed,

(iii)C’s leisure interests, and

(iv)promoting C’s educational achievement,

and must include the name and address of C’s registered medical practitioner, and the information set out in paragraph 3 of Schedule 2, where appropriate,

(b)regulations 7, 13 and 49(2)(b) do not apply,

(c)regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C on days when C is in fact placed, at regular intervals to be agreed with the IRO and C’s parents (or any person who is not C’s parent but who has parental responsibility for C) and recorded in the care plan before the start of the first placement, and in any event—

(i)the first visit must take place within three months of the start of the first placement, or as soon as practicable thereafter, and

(ii)subsequent visits must take place at intervals of not more than six months, for as long as the short breaks continue,

(d)regulation 33 does not apply, but instead—

(i)the responsible authority must first review C’s case within three months of the start of the first placement, and

(ii)the second and subsequent reviews must be carried out at intervals of not more than six months.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources