The Care Planning, Placement and Case Review (Wales) Regulations 2015

PART 1 General

Title, commencement and application

1.—(1) The title of these Regulations is the Care Planning, Placement and Case Review (Wales) Regulations 2015 and they come into force on 6 April 2016.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989(1);

“the 2012 Act (“Deddf 2012”) means the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2);

“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014(3);

“the Fostering Regulations” (“y Rheoliadau Maethu”) means the Fostering Services (Wales) Regulations 2003(4);

“appropriate person” (“person priodol”) means—

(a)

P, where C is to live, or lives, with P;

(b)

F, where C is to be placed, or is placed, with F;

(c)

where C is to be placed, or is placed, in a children’s home, the person who is registered under Part 2 of the Care Standards Act 2000(5) in respect of that home; or

(d)

where C is to be placed, or is placed, in accordance with other arrangements under section 81(6)(d) of the 2014 Act, the person who will be responsible for C at the accommodation;

“area authority” (“awdurdod yr ardal”) means the local authority or local authority in England(6) for the area in which C is placed, or is to be placed, where this is different from the responsible authority;

“C” (“C”) means a child who is looked after by the responsible authority(7);

“care and support plan” (“cynllun gofal a chymorth”) means the plan for the future care and support of C prepared and maintained in accordance with section 83 of the 2014 Act;

“case record” (“cofnod achos”) has the meaning given in regulation 63;

“connected person” (“person cysylltiedig”) means a relative(8), friend or other person connected with C;

“detention placement plan” (“cynllun lleoli dan gadwad”) has the meaning given in regulation 58;

“director” (“cyfarwyddwr”) means the person in charge of a secure training centre;

“F” (“F”) means a person who is approved as a local authority foster parent(9) and with whom it is proposed to place C or, as the case may be, with whom C is placed;

“fostering service provider” (“darparwr gwasanaeth maethu”) means—

(a)

a fostering service provider within the meaning given in regulation 2(1) of the Fostering Regulations(10), and

(b)

a fostering service provider within the meaning given in regulation 2(1) of the Fostering Services (England) Regulations 2011(11);

“full assessment process” (“proses asesu gyflawn”) has the meaning given in regulation 26(2)(d);

“general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner(12) who—

(a)

provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006(13), or

(b)

provides services which correspond to services provided under Part 4 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

“governor” (“llywodraethwr“) means the person in charge of a young offender institution;

“health care provider” (“darparwr gofal iechyd”) means, in the case of a placement in Wales, a local health board(14), or in the case of a placement in a local authority area in England, the National Health Service Commissioning Board(15) and any relevant clinical commissioning group(16)) and in any other case, the equivalent body in the country in which C is placed or is to be placed;

“health plan” (“cynllun iechyd”) has the meaning given in regulation 5(1)(b)(i);

“IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a local authority with the participation of a local health board in accordance with section 57 of the Children and Families (Wales) Measure 2010(17);

“independent visitor” (“ymwelydd annibynnol”) means the independent person appointed to be C’s visitor under section 98 of the 2014 Act;

“IRO” (“SAA”) means the independent reviewing officer appointed for C’s case under section 99(1) of the 2014 Act;

“LAC Education Co-ordinator” (“Cydgysylltydd Addysg PDG”) means the person designated by the responsible authority to co-ordinate personal education plans and to address the educational needs of looked after children and care leavers within the area of the responsible authority;

“lead director for children and young people’s services” (“cyfarwyddwr arweiniol ar gyfer gwasanaethau plant a phobl ifanc”) means the officer of the responsible authority appointed for the purposes of section 27 of the Children Act 2004(18);

“link worker” (“gweithiwr dolen gyswllt”) means a member of staff of a children’s home appointed in accordance with the requirements of the Children’s Homes (Wales) Regulations 2002(19) with particular responsibility for protecting and promoting the health and educational well-being of a child and for liaison with education and health care providers on that child’s behalf;

“nominated officer” (“swyddog enwebedig”) means the director for social services or other senior officer of the responsible authority nominated in writing by the director of social services to act on his or her behalf for the purposes of these Regulations;

“P” (“P”) means—

(a)

a person who is C’s parent;

(b)

a person who is not C’s parent but who has parental responsibility for C; or

(c)

where C is in the care of the responsible authority and there was a child arrangements order(20) which regulated C’s living arrangements in force immediately before the care order was made, a person named in the child arrangements order as a person with whom C was to live(21);

“pathway plan” (“cynllun llwybr”) has the meaning given in section 107 of the 2014 Act;

“personal adviser” (“cynghorydd personol”) means the personal adviser arranged for C in accordance with section 106 of the 2014 Act;

“personal education plan” (“cynllun addysg personol”) has the meaning given in regulation 5(b)(ii);

“placement” (“lleoliad”) means—

(a)

arrangements made by the responsible authority for C to live with P in accordance with section 81(2) of the 2014 Act, where C is in the care of the responsible authority, or

(b)

arrangements made by the responsible authority to provide for C’s accommodation and maintenance by any of the means specified in section 81(6) of the 2014 Act;

“placement plan” (“cynllun lleoli”) has the meaning given in regulation 10(1)(a) and forms part of C’s care and support plan;

“R” (“R”) means the representative of the responsible authority who visits C in accordance with arrangements made by it under section 97 of the 2014 Act;

“registered dental practitioner” (“ymarferydd deintyddol cofrestredig”) means a person registered in the dentists register under section 14 of the Dentists Act 1984(22) who—

(a)

provides primary dental services under Part 5 of the National Health Service (Wales) Act 2006(23), or

(b)

provides services which correspond to services provided under Part 5 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

“responsible authority” (“awdurdod cyfrifol”) means the local authority that looks after C;

“registered manager” (“rheolwr cofrestredig”) means the person who is registered under Part 2 of the Care Standards Act 2000(24) as a manager of a secure children’s home;

“remand to local authority accommodation” (“remánd i lety awdurdod lleol.”) has the meaning given in section 91(3) of the 2012 Act(25);

“remand to youth detention accommodation” (“remánd i lety cadw ieuenctid”) has the meaning given in 91(4) of the 2012 Act;

“secure children’s home” (“cartref plant diogel”) has the meaning given in section 102(11) of the 2012 Act(26);

“secure training centre” (“canolfan hyfforddi ddiogel”) has the meaning given in section 43(1)(d) of the Prison Act 1952(27);

“special educational needs” (“anghenion addysgol arbennig”) and “special educational provision” (“darpariaeth addysgol arbennig”) have the meanings given in section 312 of the Education Act 1996(28);

“temporary approval” (“cymeradwyaeth dros dro”) has the meaning given in regulation 26(1);

“working day” (“diwrnod gwaith”) means any day other than—

(a)

a Saturday or Sunday,

(b)

Christmas day or Good Friday, or

(c)

a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(29); and

“young offender institution” (“sefydliad troseddwyr ifanc”) has the meaning given in section 43(1)(aa) of the Prison Act 1952(30).

(2) In these Regulations any reference to C being “detained” (“dan gadwad”) means that C, having been convicted of an offence, is—

(a) detained in prison(31) or in youth detention accommodation, or

(b) residing in approved premises, or

(c) residing in any other premises because a requirement to do so has been placed on C as a condition of the grant of bail in criminal proceedings, and

immediately before such detention or requirement to reside was imposed C was in the care of the responsible authority.

(3) In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies of original documents and electronic methods of recording information.

3.  These Regulations do not apply in relation to any child who is looked after by a local authority and who has been placed for adoption under the Adoption and Children Act 2002(32) unless the child falls within regulation 56.

(1)

1989 c. 41.

(2)

2012 c. 10.

(3)

2014 anaw 4.

(4)

S.I. 2003/237 (W. 35).

(5)

2000 c.14.

(6)

“Local authority” and “local authority in England” are defined in section 197(1) of the 2014 Act.

(7)

For the meaning of a child who is “looked after” see section 74 of the 2014 Act.

(8)

“Relative” is defined in section 197(1) of the 2014 Act.

(9)

“Local authority foster parent” is defined for the purposes of the 2014 Act in section 197(1) of that Act.

(10)

This definition is set out in identical terms in the Fostering Services (England) Regulations 2011 (S.I. 2011/581) in respect of local authority foster parents approved in England.

(11)

S.I. 2011/581.

(12)

The definition of a “registered medical practitioner” in Schedule 1 to the Interpretation Act 1978 (c. 30) was substituted by S.I. 2002/3135, Schedule 1, paragraph 10 with effect from 10 November 2009.

(13)

2006 c. 42 (“the 2006 Act”). Primary medical services may be provided under a “general medical services contract” in accordance with section 42 of the 2006 Act, or in accordance with arrangements made under section 41(2)(a) of the 2006 Act (Local Health Board Medical Services) or arrangements under section 41(2)(b) of the 2006 Act (Alternative Provider Medical Services).

(14)

Local health board established in accordance with section 11 of the National Health Service (Wales) Act 2006 (c. 42).

(15)

The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006 (c. 41) (“the 2006 Act”), as inserted by section 9(1) of the Health and Social Care Act 2012 (c. 7).

(16)

A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the Health and Social Care Act 2012. See also section 1I of the 2006 Act, which is inserted by section 10 of the Health and Social Care Act 2012.

(17)

2010 nawm 1.

(18)

2004 c. 31.

(19)

S.I. 2002/327 (W. 40); the requirement to appoint a “link worker” was inserted in regulation 11 by the Children’s Homes (Wales) (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/311 (W. 28)).

(20)

Section 12 of the Children and Families Act 2014 (c. 6) removed the definitions of “residence order” and “contact order” in section 8(1) of the 1989 Act and replaced it with a new order, “the child arrangements order”.

(21)

Any reference to a child who is in the care of an authority means a child who is in their care by virtue of a care order, see section 105(1) of the 1989 Act.

(22)

1984 c. 24.

(23)

2006 c. 42 (“the 2006 Act”). Primary medical services may be provided under a “general medical services contract” in accordance with section 42 of the 2006 Act, or in accordance with arrangements made under section 41(2)(a) of the 2006 Act (Local Health Board Medical Services) or arrangements under section 41(2)(b) of the 2006 Act (Alternative Provider Medical Services).

(24)

2000 c. 14.

(25)

That is, remand to accommodation provided by or on behalf of local authority in accordance with section 92 of the 2012 Act.

(26)

That is, accommodation which is provided in a children’s home (within the meaning of the Care Standards Act 2000) which— (a) provides accommodation for the purposes of restricting liberty, and (b) in respect of which a person is registered under Part 2 of that Act.

(27)

1952 c. 52.

(28)

1996 c. 56; section 312 was amended by paragraph 23 of the Schedule 7 and Schedule 8 to the Education Act 1997 (c. 44), paragraphs 57 and 71 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31), paragraph 56 of Schedule 9 to the Learning and Skills Act 2000 (c. 21), and paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c. 40).

(29)

1971 c. 80.

(30)

Section 43(1)(aa) was inserted by section 170 of, and paragraph 11 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33) and by section 148(1) of, and paragraph 3 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4).

(31)

“Prison”, “youth detention accommodation”, “approved premises”, and “bail in criminal proceedings” are defined in section 188(1) of the 2014 Act.

(32)

2002. c.28.