The Children and Family Court Advisory and Support Service (Reviewed Case Referral) (Amendment) Regulations 2018

Amendments to the Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004

2.—(1) The Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004(1) are amended as follows.

(2) In regulation 3, in the heading, after “officers of the Service” insert “and Welsh family proceedings officers”.

(3) In regulation 3, after “The functions of the Service” insert “and of the Welsh Ministers”.

(4) In regulation 4, in the heading, after “officers of the Service” insert “and Welsh family proceedings officers”.

(5) In regulation 4, after “an officer of the service” insert “or a Welsh family proceedings officer”.

(6) After regulation 5 insert the following—

“Appointment of a Welsh family proceedings officer

5A.— (1) Following receipt of a referral by an independent reviewing officer, the Welsh Ministers must appoint a Welsh family proceedings officer to assess the case.

(2) The Welsh family proceedings officer must decide on a course of action and submit a written report of the decision to—

(a) the independent reviewing officer;

(b) the Chief Executive of the local authority which appointed the independent reviewing officer;

(c) any person specified by the independent reviewing officer in the referral; and

(d) and any other person the Welsh family proceedings officer considers should be informed,

stating the reasons for the decision and the information taken into account, including where appropriate the ascertainable wishes and feelings of the child.

(3) The Welsh family proceedings officer must seek to submit the report referred to in paragraph (2) to the persons referred to in that paragraph within two weeks of the referral.

(4) If the Welsh family proceedings officer does not submit a written report within two weeks of the referral, he must—

(a) send written notice within two weeks of the referral to the persons referred to in paragraph (2)(a) to (d) explaining that it has not been possible to send the report within that period; and

(b) submit the report as soon as reasonably practicable thereafter and must include in the report an explanation for the delay.”.

(7) In regulation 6, after “appointed under regulation 5(1)” insert “or the Welsh family proceedings officer appointed under regulation 5A(1)”.

(8) In regulation 7, after “regulation 5(2)”, insert “or regulation 5A(2)” and after “the officer of the Service” insert “or the Welsh family proceedings officer” and after “the Service”, insert “or the Welsh Ministers”.

(9) In regulation 8, after “the officer of the Service” insert “or the Welsh family proceedings officer”.

(10) In regulation 9(1), after “the officer of the Service” insert “or the Welsh family proceedings officer”, and after “regulation 5(2)(a) to (d)” insert “or regulation 5A(2)(a) to (d)”.

(11) In regulation 9(2)(b) after “regulations 5(3)” insert “, 5A(3)”.

(1)

S.I. 2004/2187. Amendments were made by S.I. 2005/605 as a consequence of the then National Assembly for Wales and Welsh family proceedings officers being allocated functions previously discharged by Cafcass across both England and Wales. Amendments were subsequently made S.I. 2016/211, which unintentionally revoked the amendments made by S.I. 2005/605. These Regulations restore the unintentionally revoked amendments.