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The Care Planning and Case Review (Miscellaneous Amendments) (Wales) Regulations 2017

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Preamble

SCHEDULE 1Provisions conferring power on the Welsh Ministers which are exercised in the making of these Regulations

Enactment conferring power
(1)

1989 c. 41 (“the 1989 Act”). See section 105(1) of the 1989 Act for the definition of “prescribed”.

(2)

The power to make regulations under section 59 of the 1989 Act are expressed to be exercised by the “appropriate national authority”, defined in section 59(7) of the 1989 Act (which is inserted by section 39 of and Schedule 3, paragraph 23(6) to the Children and Young Persons Act 2008 (c. 23) (“the 2008 Act”)) as meaning, in relation to Wales, the Welsh Ministers. This section was also amended by the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14(1) and (8), and by the Children Act 2004 (c. 31), section 49(4). There are other amendments to this section which are not relevant to these Regulations.

(3)

Section 104 of the 1989 Act was amended by the Children and Adoption Act 2006 (c. 20), Schedule 2, paragraph 10(a) and by the 2008 Act, Schedule 3, paragraph 25. There have been other amendments to this section which are not relevant to these Regulations.

(4)

The functions of the Secretary of State under paragraph 10(1) of Schedule 6 to the 1989 Act were transferred to the National Assembly of Wales by The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales under this provision have been transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Schedule 6 to the 1989 Act was amended respectively by sections 116 and 117(2) of and paragraph 14(1) and (25) of Schedule 4 and Schedule 6 to the Care Standards Act 2000. There are other amendments to this provision which are not relevant to these Regulations.

(5)

See section 197(1) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (“the 2014 Act”) for the definition of “specified” and “regulations”.

The Children Act 1989(1)Sections 59(4)(2), 104(4)(3) and Schedule 6(4), paragraph 10(1)
The Social Services and Well-being (Wales) Act 2014(5)Sections 54(5) and (6), 83(5) and 196(2)

Regulation 2

SCHEDULE 2

Regulation 6

SCHEDULE 5Additional considerations to which responsible authorities must have regard where an IFS team is involved

1.  Details of any care plan or health treatment plan of a parent.

2.  Details of any support or services provided to a parent by any person.

3.  Any changes to the parenting capacity of a parent as a result of the health or social care services provided, or as a result of any other factors.

4.  Any changes in the family circumstances since the last review.

5.  Any significant events outside the family which are relevant.

6.  Any difficulties which the family may have had in engaging with the IFS team.

7.  Whether there is any conflict between the needs of the child and the needs of a parent, or any other family member and how this can be resolved.

8.  The need to prepare for the ending of the involvement of the IFS team. .

Regulation 3

SCHEDULE 3

Regulation 4

SCHEDULEConsiderations to which a local authority must have regard when reviewing a plan where an IFS team is involved

1.  Details of any care plan or health treatment plan of a parent.

2.  Details of any support or services provided to a parent by any person.

3.  Any changes to the parenting capacity of a parent as a result of the health or social care services provided, or as a result of any other factors.

4.  Any changes in the family circumstances since the last review.

5.  Any significant events outside the family which are relevant.

6.  Any difficulties which the family may have had in engaging with the IFS team.

7.  Whether there is any conflict between the needs of the child and the needs of a parent, or any other family member and how this can be resolved.

8.  The need to prepare for the ending of the involvement of the IFS team..

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