Chwilio Deddfwriaeth

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

Statws

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Statutory Instruments

2010 No. 959

Children And Young Persons, England

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

Made

24th March 2010

Laid before Parliament

25th March 2010

Coming into force

1st April 2011

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 22C(11), 23ZA(3) and (4), 23ZB(1)(a), 23D(2), 23E(1) and (2), 25A(4), 25B(1)(b) and (2)(a), 26(1) and (2), 31A(3), 34(8) and 104(4) of, and paragraphs 12A to 12E, 12F(1)(a), 12G and 19B(2)(b), (3), (7) and (8) of Schedule 2 to, the Children Act 1989(1):

PART 1General

Citation and commencement

1.—(1) These Regulations may be cited as the Care Planning, Placement and Case Review (England) Regulations 2010 and come into force on 1st April 2011.

(2) These Regulations apply in relation to England only.

Interpretation

2.—(1) In these Regulations—

“the 1989 Act” means the Children Act 1989;

“the 2002 Regulations” means the Fostering Services Regulations 2002(2);

“appropriate person” 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(3) in respect of that home; or

(d)

where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), the person who will be responsible for C at the accommodation;

“area authority” means the local authority(4) for the area in which C is placed, or is to be placed, where this is different from the responsible authority;

“C” means a child who is looked after by the responsible authority(5);

“care plan” means the plan for the future care of C prepared in accordance with Part 2;

“case record” has the meaning given in regulation 49;

“connected person” has the meaning given in regulation 24;

“director of children’s services” means the officer of the responsible authority appointed for the purposes of section 18 of the Children Act 2004(6);

“F” means a person who is approved as a local authority foster parent(7) and with whom it is proposed to place C or, as the case may be, with whom C is placed;

“fostering service provider” has the meaning given in regulation 2(1) of the 2002 Regulations;

“full assessment process” has the meaning given in regulation 24(2)(c);

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

“independent visitor” means the independent person appointed to be C’s visitor under section 23ZB;

“IRO” means the independent reviewing officer appointed for C’s case under section 25A(1);

“nominated officer” means a senior officer of the responsible authority nominated in writing by the director of children’s services for the purposes of these Regulations;

“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 residence order in force with respect to C immediately before the care order was made, a person in whose favour the residence order was made(8);

“pathway plan” has the meaning given in section 23E(1)(a);

“personal adviser” means the personal adviser arranged for C under paragraph 19C(9) of Schedule 2 to the 1989 Act;

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

“placement” means—

(i)

arrangements made by the responsible authority for C to live with P in accordance with section 22C(2), where C is in the care of the responsible authority, or

(ii)

arrangements made by the responsible authority to provide for C’s accommodation and maintenance by any of the means specified in section 22C(6);

“placement plan” has the meaning given in regulation 9(1)(a);

“R” means the representative of the responsible authority who is appointed to visit C in accordance with arrangements made by them under section 23ZA;

“responsible authority” means the local authority that looks after C;

“special educational needs” and “special educational provision” have the meanings given in section 312 of the Education Act 1996(10);

“temporary approval” has the meaning given in regulation 24(1); and

“working day” means any day other than—

(a)

a Saturday or a Sunday,

(b)

Christmas day or Good Friday, or

(c)

a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (11).

(2) 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) Save as otherwise appears—

(a)any reference in these Regulations to a numbered section is a reference to that section in the 1989 Act; and

(b)any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to that regulation, Part or Schedule in these Regulations.

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(12).

PART 2Arrangements for looking after a child

Care planning

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(13), 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(14), 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.

Preparation and content of the care plan

5.  The care plan must include a record of the following information—

(a)the long term plan for C’s upbringing (“the plan for permanence”),

(b)the arrangements made by the responsible authority to meet C’s needs in relation to—

(i)health, including the information set out in paragraph 1 of Schedule 1 (“the health plan”),

(ii)education and training, including, so far as reasonably practicable, the information set out in paragraph 2 of Schedule 1 (“the personal education plan”),

(iii)emotional and behavioural development,

(iv)identity, with particular regard to C’s religious persuasion, racial origin and cultural and linguistic background,

(v)family and social relationships and in particular the information set out in paragraph 3 of Schedule 1,

(vi)social presentation, and

(vii)self-care skills,

(c)except in a case where C is in the care of the responsible authority but is not provided with accommodation by them by any of the means specified in section 22C, the placement plan,

(d)the name of the IRO, and

(e)details of the wishes and feelings of the persons listed in section 22(4)(15) about the arrangements referred to in sub-paragraph (b) and the placement plan that have been ascertained and considered in accordance with section 22(4) and (5) and the wishes and feelings of those persons in relation to any change, or proposed change, to the care plan.

6.—(1) The responsible authority must keep C’s care plan under review in accordance with Part 6 and, if they are of the opinion some change is required, they must revise the care plan or prepare a new care plan accordingly.

(2) Save as otherwise provided in these Regulations, the responsible authority must not make any significant change to the care plan unless the proposed change has first been considered at a review of C’s case.

(3) Subject to paragraph (4), the responsible authority must give a copy of the care plan—

(a)to C, unless it would not be appropriate to do so having regard to C’s age and understanding,

(b)to P,

(c)to the IRO,

(d)where C is to be placed, or is placed, with F, to the fostering service provider that approved F in accordance with the 2002 Regulations,

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

(f)where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), to the person who will be responsible for C at the accommodation.

(4) The responsible authority may decide not to give a copy of the care plan, or a full copy of the care plan, to P if to do so would put C at risk of significant harm.

Health care

7.—(1) Before C is first placed by them or, if that is not reasonably practicable, before the first review of C’s case, the responsible authority must make arrangements for a registered medical practitioner to—

(a)carry out an assessment of C’s state of health, and

(b)provide a written report of the assessment, addressing the matters specified in paragraph 1 of Schedule 1,

as soon as reasonably practicable.

(2) Paragraph (1) does not apply if, within a period of three months immediately preceding the placement, an assessment of C’s state of health has been carried out and the responsible authority has obtained a written report that meets the requirements of that paragraph.

(3) The responsible authority must make arrangements for a registered medical practitioner or a registered nurse or registered midwife acting under the supervision of a registered medical practitioner to review C’s state of health and provide a written report of each review, addressing the matters specified in paragraph 1 of Schedule 1—

(a)at least once in every period of six months before C’s fifth birthday, and

(b)at least once in every period of 12 months after C’s fifth birthday.

(4) Paragraphs (1) and (3) do not apply if C refuses consent to the assessment, being of sufficient age and understanding to do so.

(5) The responsible authority must take all reasonable steps to ensure that C is provided with appropriate health care services, in accordance with the health plan, including—

(a)medical and dental care and treatment, and

(b)advice and guidance on health, personal care and health promotion issues.

Contact with a child in care

8.—(1) This regulation applies if C is in the care of the responsible authority and they have decided under section 34(6) (refusal of contact as a matter of urgency) to refuse to allow contact that would otherwise be required by virtue of section 34(1)(16) or an order under section 34 (parental contact etc. with children in care).

(2) The responsible authority must immediately give written notification to the following persons of the information specified in paragraph (3) (“the specified information”)—

(a)C, unless it would not be appropriate to do so having regard to C’s age and understanding,

(b)P,

(c)where, immediately before the care order was made, a person had care of C by virtue of an order made in exercise of the High Court’s inherent jurisdiction with respect to children, that person,

(d)any other person whose wishes and feelings the responsible authority consider to be relevant, and

(e)the IRO.

(3) The specified information is—

(a)the responsible authority’s decision,

(b)the date of the decision,

(c)the reasons for the decision,

(d)the duration of the decision (if applicable), and

(e)remedies available in case of dissatisfaction.

(4) The responsible authority may depart from the terms of any order made under section 34 by agreement with the person in relation to whom the order is made, provided that—

(a)C, being of sufficient age and understanding, also agrees, and

(b)written notification of the specified information is given within five working days to the persons listed in paragraph (2).

(5) Where the responsible authority has decided to vary or suspend any arrangements made (otherwise than under an order under section 34) with a view to affording any person contact with C, the responsible authority must immediately give written notification containing the specified information to the persons listed in paragraph (2).

(6) The responsible authority must record any decision made under this regulation in C’s care plan.

PART 3Placements – general provisions

Placement plan

9.—(1) Subject to paragraphs (2) and (4), before making arrangements in accordance with section 22C for C’s placement, the responsible authority must—

(a)prepare a plan for the placement (“the placement plan”) which—

(i)sets out how the placement will contribute to meeting C’s needs, and

(ii)includes all the matters specified in Schedule 2 as are applicable, having regard to the type of the placement, and

(b)ensure that—

(i)C’s wishes and feelings have been ascertained and given due consideration, and

(ii)the IRO has been informed.

(2) If it is not reasonably practicable to prepare the placement plan before making the placement, the placement plan must be prepared within five working days of the start of the placement.

(3) The placement plan must be agreed with, and signed by, the appropriate person.

(4) Where the arrangements for C’s placement were made before 1st April 2011, the responsible authority must prepare the placement plan as soon as reasonably practicable.

Avoidance of disruption in education

10.—(1) Subject to paragraphs (2) and (3), if C is a registered pupil at a school in the fourth key stage, a decision to make any change to C’s placement that would have the effect of disrupting the arrangements made for C’s education must not be put into effect until it has been approved by a nominated officer(17).

(2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that—

(a)the requirements of regulation 9(1)(b)(i) have been complied with,

(b)the educational provision made for C at the placement will promote C’s educational achievement and is consistent with C’s personal education plan,

(c)the designated teacher(18) at the school has been consulted, and

(d)the IRO has been consulted.

(3) Paragraph (1) does not apply in any case where—

(a)the responsible authority terminates C’s placement in accordance with regulation 14(3), or

(b)it is necessary for any other reason to change C’s placement in an emergency,

and in such a case the responsible authority must make appropriate arrangements to promote C’s educational achievement as soon as reasonably practicable.

(4) In any case not falling within paragraph (1), but where the responsible authority propose making any change to C’s placement that would have the effect of disrupting the arrangements made for C’s education or training, the responsible authority must ensure that other arrangements are made for C’s education or training that meet C’s needs and are consistent with C’s personal education plan.

(5) In this regulation—

(a)“registered pupil” has the meaning given in section 20(7) of the Children and Young Persons Act 2008(19), and

(b)“school” has the meaning given in section 4 of the Education Act 1996(20).

Placement out of area

Placement decision

11.—(1) Subject to paragraphs (3) and (4), a decision to place C outside the area of the responsible authority (including a placement outside England) must not be put into effect until it has been approved by a nominated officer.

(2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that—

(a)the requirements of regulation 9(1)(b)(i) have been complied with,

(b)the placement is the most appropriate placement available for C and consistent with C’s care plan,

(c)C’s relatives(21) have been consulted, where appropriate,

(d)the area authority have been notified, and

(e)the IRO has been consulted.

(3) In the case of a placement made in an emergency, paragraph (2) does not apply and before approving a decision under paragraph (1) the nominated officer must—

(a)be satisfied that regulation 9(1)(b)(i) and the requirements of sub-paragraph (2)(b) have been complied with, and

(b)take steps to ensure that regulation 9(1)(b)(ii) and the requirements set out in sub-paragraphs (2)(c) and (d) are complied with by the responsible authority within five working days of approval of the decision under paragraph (1).

(4) Paragraphs (1) and (2) do not apply to a decision to place C outside the area of the responsible authority with—

(a)F who is a connected person, or

(b)F who is approved as a local authority foster parent by the responsible authority.

Placements outside England and Wales

12.—(1) This regulation applies if—

(a)C is in the care of the responsible authority, and

(b)the responsible authority make arrangements to place C outside England and Wales in accordance with the provisions of paragraph 19 of Schedule 2 to the 1989 Act (placement of a child in care outside England and Wales).

(2) The responsible authority must take steps to ensure that, so far as is reasonably practicable, requirements corresponding with the requirements which would have applied under these Regulations had C been placed in England, are complied with.

(3) The responsible authority must include in the care plan details of the arrangements made by the responsible authority to supervise C’s placement.

Notification of placement

13.—(1) Subject to paragraph (3), the responsible authority must give written notification to the persons listed in paragraph (2) of the arrangements for C’s placement before the placement is made or, if the placement is made in an emergency, within five working days of the start of the placement, unless it is not reasonably practicable to do so.

(2) The persons referred to in paragraph (1) are—

(a)C, unless it would not be appropriate to do so having regard to C’s age and understanding,

(b)P,

(c)if C is in the care of the responsible authority, any person who is allowed contact with C under section 34(1) and any person who has contact with C by virtue of an order under section 34,

(d)if C is looked after but is not in the care of the responsible authority, any person who has contact with C pursuant to an order made under section 8 (residence,contact and other orders with respect to children),

(e)any person who was caring for C immediately before the arrangements were made,

(f)the Primary Care Trust (or in the case of a child living or to be placed in Wales, the local health board) for the area in which C is living and, if different, for the area in which C is to be placed,

(g)C’s registered medical practitioner and, where applicable, the registered medical practitioner with whom C is to be registered during the placement,

(h)any educational institution attended by, or person providing education or training for, C, and

(i)the IRO.

(3) The responsible authority may decide not to give notification to any of the persons listed in sub-paragraphs (b) to (e) if to do so would put C at risk of significant harm.

Termination of placement by the responsible authority

14.—(1) Subject to paragraphs (3) and (5), the responsible authority may only terminate C’s placement following a review of C’s case in accordance with Part 6.

(2) Subject to paragraphs (3) and (4), before terminating C’s placement, the responsible authority must—

(a)make other arrangements for C’s accommodation, in accordance with section 22C,

(b)inform the IRO,

(c)so far as is reasonably practicable, give written notification of their intention to terminate the placement to—

(i)all the persons to whom notification of the placement was given under regulation 13,

(ii)the person with whom C is placed,

(iii)where C is placed in the area of another local authority, that authority.

(3) Where there is an immediate risk of significant harm to C, or to protect others from serious injury, the responsible authority must terminate C’s placement, and in those circumstances—

(a)paragraph (1) does not apply, and

(b)they must comply with paragraph (2)(a) and (b) as soon as reasonably practicable.

(4) If it is not reasonably practicable to notify any person in accordance with paragraph (2)(c), then the responsible authority must give written notification to that person, within ten working days of the date on which the placement is terminated, of the fact that the placement has been terminated.

(5) This regulation does not apply where C’s placement is terminated under regulation 19(c), regulation 23(2) or regulation 25(6), nor where section 22D(22) (review of child’s case before making alternative arrangements for accommodation) applies.

PART 4Provision for different types of placement

CHAPTER 1Placement of a child in care with P

Application

15.—(1) This Chapter applies if C is in the care of the responsible authority and they, acting in accordance with section 22C(2), propose to place C with P.

(2) Nothing in this Chapter requires the responsible authority to remove C from P’s care if C is living with P before a placement decision is made about C.

Effect of contact order

16.  The responsible authority must not place C with P if to do so would be incompatible with any order made by the court under section 34.

Assessment of P’s suitability to care for a child

17.  Before deciding to place C with P, the responsible authority must—

(a)assess the suitability of P to care for C, including the suitability of—

(i)the proposed accommodation, and

(ii)all other persons aged 18 and over who are members of the household in which it is proposed that C will live,

(b)take into account all the matters set out in Schedule 3 in making their assessment,

(c)consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the placement will safeguard and promote C’s welfare and meet C’s needs set out in the care plan, and

(d)review C’s case in accordance with Part 6.

Decision to place a child with P

18.—(1) The decision to place C with P must not be put into effect until it has been approved by a nominated officer, and the responsible authority have prepared a placement plan for C.

(2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that-

(a)the requirements of regulation 9(1)(b)(i) have been complied with,

(b)the requirements of regulation 17 have been complied with,

(c)the placement will safeguard and promote C’s welfare, and

(d)the IRO has been consulted.

Circumstances in which a child may be placed with P before assessment completed

19.  Where the nominated officer considers it to be necessary and consistent with C’s welfare, the responsible authority may place C with P before their assessment under regulation 17 (“the assessment”) is completed provided that they—

(a)arrange for P to be interviewed in order to obtain as much of the information specified in Schedule 3 about P and the other persons living in P’s household who are aged 18 and over as can be readily ascertained at that interview,

(b)ensure that the assessment and the review of C’s case are completed in accordance with regulation 17 within ten working days of C being placed with P, and

(c)ensure that a decision in accordance with regulation 18 is made and approved within ten working days after the assessment is completed, and—

(i)if the decision is to confirm the placement, review the placement plan and, if appropriate amend it, and

(ii)if the decision is not to confirm the placement, terminate the placement.

Support for P

20.  Where C is placed, or is to be placed, with P, the responsible authority must provide such services and support to P as appear to them to be necessary to safeguard and promote C’s welfare and must record details of such services and support in C’s care plan.

CHAPTER 2Placement with local authority foster parents

Interpretation

21.—(1) In this Chapter “registered person” has the same meaning as in the 2002 Regulations (23).

(2) Where C is placed jointly with two persons each of whom is approved as a local authority foster parent, any reference in these Regulations to a local authority foster parent is to be interpreted as referring equally to both such persons and any requirement to be satisfied by or relating to a particular local authority foster parent must be satisfied by, or treated as relating to, both of them.

Conditions to be complied with before placing a child with a local authority foster parent

22.—(1) This regulation applies where the responsible authority propose to place C with F.

(2) The responsible authority may only place C with F if—

(a)F is approved by—

(i)the responsible authority, or

(ii)provided that the conditions specified in paragraph (3) are also satisfied, another fostering service provider,

(b)the terms of F’s approval are consistent with the proposed placement, and

(c)F has entered into a foster care agreement either with the responsible authority or with another fostering service provider in accordance with regulation 28(5)(b) of the 2002 Regulations.

(3) The conditions referred to in paragraph (2)(a)(ii) are that—

(a)the fostering service provider by whom F is approved consents to the proposed placement, and

(b)where any other local authority currently have a child placed with F, that local authority consents to the proposed placement.

Emergency placement with a local authority foster parent

23.—(1) Where it is necessary to place C in an emergency, the responsible authority may place C with any local authority foster parent who has been approved in accordance with the 2002 Regulations, even if the terms of that approval are not consistent with the placement, provided that the placement is for no longer than six working days.

(2) When the period of six working days referred to in paragraph (1) expires, the responsible authority must terminate the placement unless the terms of that person’s approval have been amended to be consistent with the placement.

Temporary approval of relative, friend or other person connected with C

24.—(1) Where the responsible authority is satisfied that—

(a)the most appropriate placement for C is with a connected person, notwithstanding that the connected person is not approved as a local authority foster parent, and

(b)it is necessary for C to be placed with the connected person before the connected person’s suitability to be a local authority foster parent has been assessed in accordance with the 2002 Regulations,

they may approve that person as a local authority foster parent for a temporary period not exceeding 16 weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2).

(2) Before making a placement under paragraph (1), the responsible authority must—

(a)assess the suitability of the connected person to care for C, including the suitability of—

(i)the proposed accommodation, and

(ii)all other persons aged 18 and over who are members of the household in which it is proposed that C will live,

taking into account all the matters set out in Schedule 4,

(b)consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan, and

(c)make immediate arrangements for the suitability of the connected person to be a local authority foster parent to be assessed in accordance with the 2002 Regulations (“the full assessment process”) before the temporary approval expires.

(3) In this regulation “connected person” means a relative, friend or other person connected with C.

Expiry of temporary approval

25.—(1) Subject to paragraph (4), the responsible authority may extend the temporary approval of a connected person if—

(a)it is likely to expire before the full assessment process is completed, or

(b)the connected person, having undergone the full assessment process, is not approved and seeks a review of the decision in accordance with Regulations made under paragraph 12F(1)(b) of Schedule 2 to the 1989 Act (24).

(2) In a case falling within paragraph (1)(a), the responsible authority may extend the temporary approval once for a further period of up to eight weeks.

(3) In a case falling within paragraph (1)(b), the responsible authority may extend the temporary approval until the outcome of the review is known.

(4) Before deciding whether to extend the temporary approval in the circumstances set out in paragraph (1), the responsible authority must first—

(a)consider whether placement with the connected person is still the most appropriate placement available,

(b)seek the views of the fostering panel established by the fostering service provider in accordance with the 2002 Regulations, and

(c)inform the IRO.

(5) A decision to extend temporary approval must be approved by a nominated officer.

(6) If the period of temporary approval and of any extension to that period expires and the connected person has not been approved as a local authority foster parent in accordance with the 2002 Regulations, the responsible authority must terminate the placement after first making other arrangements for C’s accommodation.

Independent fostering agencies – discharge of responsible authority functions

26.—(1) A responsible authority may make arrangements in accordance with this regulation for the duties imposed on it as responsible authority by regulation 14(3) and regulation 22 to be discharged on their behalf by a registered person.

(2) No arrangements may be made under this regulation unless the responsible authority has entered into a written agreement with the registered person which includes the information set out in paragraph 1 of Schedule 5, and where the responsible authority proposes to make an arrangement under this regulation in relation to a particular child, the written agreement must also include the matters set out in paragraph 2 of Schedule 5.

(3) The responsible authority must report to the Chief Inspector of Education, Children’s Services and Skills any concerns they may have about the services provided by a registered person.

CHAPTER 3Other arrangements

General duties of the responsible authority when placing a child in other arrangements

27.  Before placing C in accommodation in an unregulated setting under section 22C(6)(d), the responsible authority must—

(a)be satisfied that the accommodation is suitable for C, having regard to the matters set out in Schedule 6,

(b)unless it is not reasonably practicable, arrange for C to visit the accommodation, and

(c)inform the IRO.

PART 5Visits by the responsible authority’s representative etc.

Frequency of visits

28.—(1) As part of their arrangements for supervising C’s welfare, the responsible authority must ensure that their representative (“R”) visits C in accordance with this regulation, wherever C is living.

(2) Subject to paragraphs (3) to (6), the responsible authority must ensure that R visits C—

(a)within one week of the start of any placement,

(b)at intervals of not more than six weeks for the first year of any placement, and

(c)thereafter—

(i)where the placement is intended to last until C is aged 18, at intervals of not more than three months,

(ii)and in any other case, at intervals of not more than six weeks.

(3) Where regulation 19 applies, the responsible authority must ensure that R visits C—

(a)at least once a week until the first review carried out in accordance with Part 6, and

(b)thereafter at intervals of not more than six weeks.

(4) Where regulation 24 applies, or where an interim care order has been made in relation to C under section 38 (interim orders) and C is living with P, the responsible authority must ensure that R visits C—

(a)at least once a week until the first review carried out in accordance with Part 6, and

(b)thereafter at intervals of not more than four weeks.

(5) Where a care order has been made in relation to C under section 31 (care and supervision orders) and C is living with P, the responsible authority must ensure that R visits C—

(a)within one week of the making of the care order, and

(b)thereafter at intervals of not more than six weeks.

(6) Where C is in the care of the responsible authority but another person is responsible for the arrangements under which C is living for the time being (“C’s living arrangements”), the responsible authority must ensure that R visits C—

(a)within one week of the start of C’s living arrangements and within one week of any change to C’s living arrangements,

(b)at intervals of not more that six weeks for the first year thereafter, and

(c)at intervals of not more than three months in any subsequent year.

(7) In addition to visits in accordance with paragraphs (2) to (6), the responsible authority must ensure that R visits C—

(a)whenever reasonably requested to do so by—

(i)C,

(ii)where paragraphs (2), (3) or (4) apply, the appropriate person, or

(iii)where paragraph (5) applies, the person responsible for C’s living arrangements,

(b)within one week of first receiving notification under section 30A of the Care Standards Act 2000(25) (notification of matters relating to persons carrying on or managing certain establishments or agencies), where the children’s home in which C is placed for the time being is referred to in that notification.

Conduct of visits

29.  On each visit, R must speak to C in private unless—

(a)C, being of sufficient age and understanding to do so, refuses,

(b)R considers it inappropriate to do so, having regard to C’s age and understanding, or

(c)R is unable to do so.

Consequences of visits

30.  Where, as the result of a visit carried out in accordance with this Part, R’s assessment is that C’s welfare is not adequately safeguarded and promoted by the placement, the responsible authority must review C’s case in accordance with Part 6.

Advice, support and assistance for the child

31.  When making arrangements in accordance with section 23ZA(2)(b) for advice, support and assistance to be available to C between R’s visits, the responsible authority must ensure that—

(a)the arrangements—

(i)are appropriate having regard to C’s age and understanding, and

(ii)give due consideration to C’s religious persuasion, racial origin, cultural and linguistic background and to any disability C may have, and

(b)so far as is reasonably practicable having regard to C’s age and understanding, C knows how to seek appropriate advice, support and assistance from them.

PART 6Reviews of the child’s case

General duty of the responsible authority to review the child’s case

32.—(1) The responsible authority must review C’s case in accordance with this Part.

(2) The responsible authority must not make any significant change to C’s care plan unless the proposed change has first been considered at a review of C’s case, unless this is not reasonably practicable.

(3) Nothing in this Part prevents any review of C’s case being carried out at the same time as any other review assessment or consideration of C’s case under any other provision.

Timing of reviews

33.—(1) The responsible authority must first review C’s case within 20 working days of the date on which C becomes looked after.

(2) The second review must be carried out not more than three months after the first, and subsequent reviews must be carried out at intervals of not more than six months.

(3) The responsible authority must carry out a review before the time specified in paragraph (1) or (2) if—

(a)the IRO so requests,

(b)regulation 30 applies,

(c)C is provided with accommodation under section 21(2)(b) or (c) and a review would not otherwise occur before C ceases to be so provided with accommodation,

(d)C is in the care of the responsible authority and is detained in a secure training centre or a young offenders institution, and a review would not otherwise occur before C ceases to be so detained, or

(e)C is looked after but is not in the care of the responsible authority and

(i)the responsible authority propose to cease to provide accommodation for C, and

(ii)accommodation will not subsequently be provided for C by C’s parents (or one of them) or any person who is not C’s parent but who has parental responsibility for C.

Conduct of reviews

Local authority’s policy on reviews

34.—(1) The responsible authority must prepare and implement a written policy regarding the manner in which they will review cases in accordance with this Part.

(2) The responsible authority must provide a copy of their policy to—

(a)C, unless it would not be appropriate to do so having regard to C’s age and understanding,

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

(c)any other person whose views the responsible authority consider to be relevant.

Considerations to which the responsible authority must have regard

35.  The considerations to which the responsible authority must have regard in reviewing each case are set out in Schedule 7.

The role of the IRO

36.—(1) The IRO must—

(a)so far as reasonably practicable, attend any meeting held as part of the review (“the review meeting”) and, if attending the review meeting, chair it,

(b)speak to C in private about the matters to be considered at the review unless C, being of sufficient understanding to do so, refuses or the IRO considers it inappropriate having regard to C’s age and understanding,

(c)ensure that, so far as reasonably practicable, the wishes and feelings of C’s parents, or any person who is not C’s parent but who has parental responsibility for C, have been ascertained and taken into account, and

(d)ensure that the review is conducted in accordance with this Part and in particular—

(i)that the persons responsible for implementing any decision taken in consequence of the review are identified, and

(ii)that any failure to review the case in accordance with this Part or to take proper steps to implement decisions taken in consequence of the review are brought to the attention of an officer at an appropriate level of seniority within the responsible authority.

(2) The IRO may, if not satisfied that sufficient information has been provided by the responsible authority to enable proper consideration of any of the matters in Schedule 7, adjourn the review meeting once for not more than 20 working days, and no proposal considered in the course of the review may be implemented until the review has been completed.

Arrangements for implementing decisions arising out of reviews

37.  The responsible authority must—

(a)make arrangements to implement decisions made in the course, or as a result, of the review, and

(b)inform the IRO of any significant failure to make such arrangements, or any significant change of circumstances occurring after the review that affects those arrangements.

Records of reviews

38.  The responsible authority must ensure that a written record of the review is prepared, and that the information obtained in the course of the review, details of proceedings at the review meeting, and any decisions made in the course, or as a result, of the review are included in C’s case record.

PART 7Arrangements made by the responsible authority for ceasing to look after a child

Arrangements for ceasing to look after a child who is not an eligible child

39.  In any case where—

(a)C is not in the care of the responsible authority and is not an eligible child(26), and

(b)C’s circumstances have changed such that the responsible authority are likely to cease to provide C with accommodation

the care plan must include details of the advice, assistance and support that the responsible authority intend to provide for C when C ceases to be looked after by them.

Eligible children

Meaning of eligible child

40.—(1) For the purposes of paragraph 19B(2)(b) of Schedule 2 to the 1989 Act (meaning of eligible child), the prescribed period is 13 weeks and the prescribed age is 14.

(2) For the purposes of paragraph 19B(3)(b) of that Schedule, if C is a child to whom regulation 48 applies, C is not an eligible child despite falling within paragraph 19B(2) of that Schedule.

General duties

41.  If C is an eligible child, the responsible authority must —

(a)assess C’s needs in accordance with regulation 42, and

(b)prepare C’s pathway plan, in accordance with regulation 43.

Assessment of needs

42.—(1) The responsible authority must complete the assessment of C’s needs in accordance with paragraph 19B(4) of Schedule 2 to the 1989 Act not more than three months after the date on which C reaches the age of 16 or becomes an eligible child after that age.

(2) In carrying out their assessment of C’s likely needs when C ceases to be looked after, the responsible authority must take account of the following considerations—

(a)C’s state of health (including physical, emotional and mental health) and development,

(b)C’s continuing need for education, training or employment,

(c)the support that will be available to C from C’s parents and other connected persons,

(d)C’s actual and anticipated financial resources and capacity to manage personal finances independently,

(e)the extent to which C possesses the practical and other skills necessary for independent living,

(f)C’s need for continuing care, support and accommodation,

(g)the wishes and feelings of—

(i)C,

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

(iii)the appropriate person,

(h)the views of—

(i)any person or educational institution that provides C with education or training and, if C has a statement of special educational needs, the local authority who maintain the statement (if different)(27),

(ii)the IRO,

(iii)any person providing health (whether physical, emotional or mental health) or dental care or treatment to C,

(iv)the personal adviser appointed for C, and

(v)any other person whose views the responsible authority, or C, consider may be relevant.

The pathway plan

43.—(1) The pathway plan must be prepared as soon as possible after the assessment of C’s needs and must include, in particular—

(a)C’s care plan, and

(b)the information referred to in Schedule 8.

(2) The pathway plan must, in relation to each of the matters referred to in paragraphs 2 to 10 of Schedule 8, set out—

(a)the manner in which the responsible authority propose to meet C’s needs, and

(b)the date by which, and by whom, any action required to implement any aspect of the plan will be carried out.

Functions of the personal adviser

44.  The personal adviser’s functions in relation to C are to—

(a)provide advice (including practical advice) and support,

(b)participate in reviews of C’s case carried out under Part 6,

(c)liaise with the responsible authority in the implementation of the pathway plan,

(d)co-ordinate the provision of services and take reasonable steps to ensure C makes use of such services,

(e)remain informed about C’s progress and wellbeing, and

(f)maintain a written record of their contacts with C.

PART 8Independent reviewing officers and independent visitors

Additional functions of independent reviewing officers

45.—(1) The IRO must ensure that, having regard to C’s age and understanding, C has been informed by the responsible authority of the steps C may take under the 1989 Act and in particular, where appropriate, of—

(a)C’s rights to apply, with leave, for a section 8 order (residence, contact and other orders with respect to children) and, where C is in the care of the responsible authority, to apply for the discharge of the care order, and

(b)the availability of the procedure established by them under section 26(3)(28) for considering any representations (including complaints) C may wish to make about the discharge by the responsible authority of their functions, including the availability of assistance to make such representations under section 26A(29) (advocacy services).

(2) If C wishes to take legal proceedings under the 1989 Act, the IRO must—

(a)establish whether an appropriate adult is able and willing to assist C to obtain legal advice or bring proceedings on C’s behalf, and

(b)if there is no such person, assist C to obtain such advice.

(3) In the following circumstances the IRO must consider whether it would be appropriate to refer C’s case to an officer of the Children and Family Court Advisory and Support Service—

(a)in the opinion of the IRO, the responsible authority have failed in any significant respect to—

(i)prepare C’s care plan in accordance with these Regulations,

(ii)review C’s case in accordance with these Regulations, or effectively implement any decision taken in consequence of a review,

or are otherwise in breach of their duties to C in any material respect, and

(b)having drawn the failure or breach to the attention of persons at an appropriate level of seniority within the responsible authority, it has not been addressed to the satisfaction of the IRO within a reasonable period of time.

(4) When consulted by the responsible authority about any matter concerning C, or when informed of any matter relating to C in accordance with these Regulations, the IRO must—

(a)ensure that the responsible authority have ascertained and, subject to C’s age and understanding, given due consideration to, C’s wishes and feelings concerning the matter in question, and

(b)consider whether to request a review of C’s case.

Qualifications and experience of independent reviewing officers

46.—(1) The IRO must be registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales under section 56 of the Care Standards Act 2000(30), or in a corresponding register maintained under the law of Scotland or Northern Ireland.

(2) The IRO must have sufficient relevant social work experience with children and families to perform the functions of an independent reviewing officer set out in section 25B(1) and under these Regulations in an independent manner and having regard to C’s best interests.

(3) The responsible authority must not appoint any of the following as the IRO—

(a)a person involved in preparing C’s care plan or the management of C’s case,

(b)R,

(c)C’s personal adviser,

(d)a person with management responsibilities in relation to a person mentioned in sub-paragraphs (a) to (c), or

(e)a person with control over the resources allocated to the case.

Independent visitors

47.  A person appointed by the responsible authority as an independent visitor under section 23ZB(1) is to be regarded as independent of that authority where the person appointed is not connected with the responsible authority by virtue of being—

(a)a member of the responsible authority or any of their committees or sub-committees, whether elected or co-opted,

(b)an officer of the responsible authority employed in relation to the exercise of the functions referred to in section 18(2) of the Children Act 2004(31), or

(c)a spouse, civil partner or other person (whether of different sex or the same sex) living in the same household as the partner of a person falling within sub-paragraph (a) or (b).

PART 9Miscellaneous

Application of these Regulations with modifications to short breaks

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.

Records

Establishment of records

49.—(1) The responsible authority must establish and maintain a written case record for C (“C’s case record”), if one is not already in existence.

(2) The case record must include—

(a)C’s care plan, including any changes made to the care plan and any subsequent plans,

(b)reports obtained under regulation 7,

(c)any other document created or considered as part of any assessment of C’s needs, or of any review of C’s case,

(d)any court order relating to C,

(e)details of any arrangements that have been made by the responsible authority with any other local authority or with an independent fostering agency under regulation 26 and Schedule 5, or with a provider of social work services, under which any of the responsible authority’s functions in relation to C are discharged by that local authority or independent fostering agency or provider of social work services.

Retention and confidentiality of records

50.—(1) The responsible authority must retain C’s case record either—

(a)until the seventy-fifth anniversary of C’s birth, or

(b)if C dies before attaining the age of 18, for fifteen years beginning with the date of C’s death.

(2) The responsible authority must secure the safe keeping of C’s case record and take any necessary steps to ensure that information contained in it is treated as confidential subject only to—

(a)any provision of, or made under or by virtue of, a statute under which access to such a record or information may be obtained or given,

(b)any court order under which access to such a record or information may be obtained or given.

Revocations

51.  The Regulations set out in Schedule 9 are revoked.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

24th March 2010

SCHEDULES

Regulation 5

SCHEDULE 1Care plans

Information to be included in the health plan

1.—(1) C’s state of health including C’s physical, emotional and mental health.

(2) C’s health history including, so far as practicable, C’s family’s health history.

(3) The effect of C’s health and health history on C’s development.

(4) Existing arrangements for C’s medical and dental care including—

(a)routine checks of C’s general state of health, including dental health,

(b)treatment for, and monitoring of, identified health (including physical, emotional and mental health) or dental care needs,

(c)preventive measures such as vaccination and immunisation,

(d)screening for defects of vision or hearing, and

(e)advice and guidance on promoting health and effective personal care.

(5) Any planned changes to existing arrangements.

(6) The role of the appropriate person, and of any other person who cares for C, in promoting C’s health.

Information to be included in the personal education plan

2.—(1) C’s educational and training history, including information about educational institutions attended and C’s attendance and conduct record, C’s academic and other achievements, and C’s special educational needs, if any.

(2) Existing arrangements for C’s education and training, including details of any special educational provision and any other provision made to meet C’s particular educational or training needs, and to promote C’s educational achievement.

(3) Any planned changes to existing arrangements for C’s education or training and, where any changes to the arrangements are necessary, provision made to minimise disruption to that education or training.

(4) C’s leisure interests.

(5) The role of the appropriate person, and of any other person who cares for C, in promoting C’s educational achievements and leisure interests.

Family and social relationships

3.—(1) If C has a sibling for whom the responsible authority or another authority are providing accommodation, and the children have not been placed together, the arrangements made to promote contact between them, so far as is consistent with C’s welfare.

(2) If C is looked after by, but is not in the care of, the responsible authority, details of any order relating to C made under section 8.

(3) If C is in the care of the responsible authority, details of any order relating to C made under section 34 (parental contact etc with children in care).

(4) Any other arrangements made to promote and maintain contact in accordance with paragraph 15 of Schedule 2 of the 1989 Act, so far as is reasonably practicable and consistent with C’s welfare, between C and—

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

(b)any other connected person.

(5) Where section 23ZB(1) applies, the arrangements made to appoint an independent visitor for C or, if section 23ZB(6) applies (appointment of independent visitor not made where child objects), that fact.

Regulation 9

SCHEDULE 2Matters to be dealt with in the placement plan

Information to be included in C’s placement plan

1.—(1) — How on a day to day basis C will be cared for and C’s welfare will be safeguarded and promoted by the appropriate person.

(2) Any arrangements made for contact between C and any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, and between C and any other connected person including, if appropriate—

(a)the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C’s welfare,

(b)if C is not in the care of the responsible authority, details of any order made under section 8,

(c)if C is in the care of the responsible authority, details of any order relating to C made under section 34,

(d)the arrangements for notifying any changes in the arrangements for contact.

(3) The arrangements made for C’s health (including physical, emotional and mental health) and dental care including—

(a)the name and address of C’s registered medical and dental practitioners and, where applicable, any registered medical or dental practitioner with whom C is to be registered following the placement,

(b)any arrangements for the giving or withholding of consent to medical or dental examination or treatment for C.

(4) The arrangements made for C’s education and training including—

(a)the name and address of any school at which C is a registered pupil,

(b)the name of the designated teacher at the school (if applicable),

(c)the name and address of any other educational institution that C attends, or of any other person who provides C with education or training,

(d)where C has a statement of special educational needs, details of the local authority that maintains the statement.

(5) The arrangements made for R to visit C in accordance with Part 5, the frequency of visits and the arrangements made for advice, support and assistance to be available to C between visits in accordance with regulation 31.

(6) If an independent visitor is appointed, the arrangements made for them to visit C.

(7) The circumstances in which the placement may be terminated and C removed from the appropriate person’s care in accordance with regulation 14.

(8) The name and contact details of—

(a)the IRO,

(b)C’s independent visitor (if one is appointed),

(c)R, and

(d)if C is an eligible child, the personal adviser appointed for C.

Additional information to be included where C is placed with P

2.—(1) Details of support and services to be provided to P during the placement.

(2) The obligation on P to notify the responsible authority of any relevant change in circumstances, including any intention to change address, any changes in the household in which C lives, and of any serious incident involving C.

(3) The obligation on P to ensure that any information relating to C or C’s family or any other person given in confidence to P in connection with the placement is kept confidential, and that such information is not disclosed to any person without the consent of the responsible authority.

(4) The circumstances in which it is necessary to obtain the prior approval of the responsible authority for C to live in a household other than P’s household.

(5) The arrangements for requesting a change to the placement plan.

(6) The circumstances in which the placement will be terminated in accordance with regulation 19(c)(ii).

Additional information to be included where C is placed with F, in a children’s home or in other arrangements

3.—(1) The type of accommodation to be provided, the address and, where C is placed under section 22C(6)(d), the name of the person who will be responsible for C at that accommodation on behalf of the responsible authority (if any).

(2) C’s personal history, religious persuasion, cultural and linguistic background, and racial origin.

(3) Where C is not in the care of the responsible authority—

(a)the respective responsibilities of the responsible authority and C’s parents, or any person who is not C’s parent but who has parental responsibility for C,

(b)any delegation of responsibility to the responsible authority for C’s day to day care there has been by C’s parents, or any person who is not C’s parent but who has parental responsibility for C ,

(c)the expected duration of the arrangements and the steps which should be taken to bring the arrangements to an end, including arrangements for C to return to live with C’s parents, or any person who is not C’s parent but who has parental responsibility for C, and

(d)where C is aged 16 or over and agrees to being provided with accommodation under section 20, that fact.

(4) The circumstances in which it is necessary to obtain in advance the responsible authority’s approval for C to take part in school trips or to stay overnight away from the placement.

(5) The responsible authority’s arrangements for the financial support of C during the placement.

(6) Where C is placed with F, the obligation on F to comply with the terms of the foster care agreement made under regulation 28(5) of the 2002 Regulations.

Regulation 17

SCHEDULE 3Matters to be taken into account when assessing the suitability of P to care for C

1.  In respect of P—

(a)P’s capacity to care for children and in particular in relation to C to—

(i)provide for C’s physical needs and appropriate medical and dental care,

(ii)protect C adequately from harm or danger, including from any person who presents a risk of harm to C,

(iii)ensure that the home environment is safe for C,

(iv)ensure that C’s emotional needs are met and C is provided with a positive sense of self, including any particular needs arising from C’s religious persuasion, racial origin and cultural and linguistic background, and any disability C may have,

(v)promote C’s learning and intellectual development through encouragement, cognitive stimulation and the promotion of educational success and social opportunities,

(vi)enable C to regulate C’s emotions and behaviour, including by modelling appropriate behaviour and interactions with others, and

(vii)provide a stable family environment to enable C to develop and maintain secure attachments to P and other persons who provide care for C,

(b)P’s state of health including P’s physical, emotional and mental health and medical history including any current or past issues of domestic violence, substance misuse or mental health problems,

(c)P’s family relationships and the composition of P’s household, including particulars of—

(i)the identity of all other members of the household, including their age and the nature of their relationship with P and with each other, including any sexual relationship,

(ii)any relationship with any person who is a parent of C,

(iii)other adults not being members of the household who are likely to have regular contact with C, and

(iv)any current or previous domestic violence between members of the household, including P,

(d)P’s family history, including—

(i)particulars of P’s childhood and upbringing including the strengths and difficulties of P’s parents or other persons who cared for P,

(ii)P’s relationships with P’s parents and siblings, and their relationships with each other,

(iii)P’s educational achievement and any specific learning difficulty or disability,

(iv)a chronology of significant life events, and

(v)particulars of other relatives and their relationships with C and P,

(e)particulars of any criminal offences of which P has been convicted or in respect of which P has been cautioned,

(f)P’s past and present employment and other sources of income, and

(g)the nature of the neighbourhood in which P’s home is situated and resources available in the community to support C and P.

2.  In respect of members of P’s household aged 18 and over, so far as is practicable, all the particulars specified in paragraph 1 except sub-paragraphs (d), (f) and (g).

Regulation 24

SCHEDULE 4Matters to be taken into account when assessing the suitability of a connected person to care for C

1.  In respect of the connected person—

(a)the nature and quality of any existing relationship with C,

(b)their capacity to care for children and in particular in relation to C to—

(i)provide for C’s physical needs and appropriate medical and dental care,

(ii)protect C adequately from harm or danger including from any person who presents a risk of harm to C,

(iii)ensure that the accommodation and home environment is suitable with regard to the age and developmental stage of C,

(iv)promote C’s learning and development, and

(v)provide a stable family environment which will promote secure attachments for C, including promoting positive contact with P and other connected persons, unless to do this is not consistent with the duty to safeguard and promote C’s welfare,

(c)their state of health including their physical, emotional and mental health and medical history including any current or past issues of domestic violence, substance misuse or mental health problems,

(d)their family relationships and the composition of their household, including particulars of—

(i)the identity of all other members of the household, including their age and the nature of their relationship with the connected person and with each other, including any sexual relationship,

(ii)any relationship with any person who is a parent of C,

(iii)any relationship between C and other members of the household

(iv)other adults not being members of the household who are likely to have regular contact with C, and

(v)any current or previous domestic violence between members of the household, including the connected person,

(e)their family history, including—

(i)particulars of their childhood and upbringing including the strengths and difficulties of their parents or other persons who cared for them,

(ii)their relationships with their parents and siblings, and their relationships with each other,

(iii)their educational achievement and any specific learning difficulty or disability,

(iv)a chronology of significant life events, and

(v)particulars of other relatives and their relationships with C and the connected person,

(f)particulars of any criminal offences of which they have been convicted or in respect of which they have been cautioned,

(g)their past and present employment and other sources of income, and

(h)the nature of the neighbourhood in which their home is situated and resources available in the community to support C and the connected person.

Regulation 26

SCHEDULE 5Agreement with an independent fostering agency relating to the discharge of the responsible authority’s functions

1.  The agreement must contain the following information—

(1) the services to be provided to the responsible authority by the registered person,

(2) the arrangements for the selection by the responsible authority of F from those approved by the registered person,

(3) a requirement for the registered person to submit reports to the responsible authority on any placements as may be required by the responsible authority, and

(4) the arrangements for the termination of the agreement.

2.  Where the agreement relates to a particular child, it must also contain the following information—

(1) F’s details,

(2) details of any services that C is to receive and whether the services are to be provided by the responsible authority or by the registered person,

(3) the terms (including as to payment) of the proposed placement agreement,

(4) the arrangements for record keeping about C and for the return of records at the end of the placement,

(5) a requirement for the registered person to notify the responsible authority immediately in the event of any concerns about the placement, and

(6) whether, and on what basis, other children may be placed with F.

Regulation 27

SCHEDULE 6Matters to be considered before placing C in accommodation in an unregulated setting under section 22(6)(d)

1.  In respect of the accommodation, the—

(a)facilities and services provided,

(b)state of repair,

(c)safety,

(d)location,

(e)support,

(f)tenancy status, and

(g)the financial commitments involved for C and their affordability.

2.  In respect of C, C’s—

(a)views about the accommodation,

(b)understanding of their rights and responsibilities in relation to the accommodation, and

(c)understanding of funding arrangements.

Regulation 35

SCHEDULE 7Considerations to which the responsible authority must have regard when reviewing C’s case

1.  The effect of any change in C’s circumstances since the last review, in particular of any change made by the responsible authority to C’s care plan, whether decisions taken at the last review have been successfully implemented, and if not, the reasons for that.

2.  Whether the responsible authority should seek any change in C’s legal status.

3.  Whether there is a plan for permanence for C.

4.  The arrangements for contact and whether there is any need for changes to the arrangements in order to promote contact between C and P, or between C and other connected persons.

5.  Whether C’s placement continues to be the most appropriate available, and whether any change to the placement agreement or any other aspects of the arrangements made to provide C with accommodation is, or is likely to become, necessary or desirable before the next review of C’s case.

6.  C’s educational needs, progress and development and whether any change to the arrangements for C’s education or training is, or is likely to become, necessary or desirable to meet C’s particular needs and to promote C’s educational achievement before the next review of C’s case, having regard to the advice of any person who provides C with education or training, in particular the designated teacher of any school at which C is a registered pupil.

7.  C’s leisure interests.

8.  The report of the most recent assessment of C’s state of health obtained in accordance with regulation 8 and whether any change to the arrangements for C’s health care is, or is likely to become, necessary or desirable before the next review of C’s case, having regard to the advice of any health care professional received since the date of that report, in particular C’s registered medical practitioner.

9.  Whether C’s needs related to C’s identity are being met and whether any particular change is required, having regard to C’s religious persuasion, racial origin and cultural background.

10.  Whether the arrangements made in accordance with regulation 31 continue to be appropriate and understood by C.

11.  Whether any arrangements need to be made for the time when C will no longer be looked after by the responsible authority.

12.  C’s wishes and feelings, and the views of the IRO, about any aspect of the case and in particular about any changes the responsible authority has made since the last review or proposes to make to the C’s care plan.

13.  Where regulation 28(3) applies, the frequency of R’s visits.

Regulation 43

SCHEDULE 8Matters to be dealt with in the pathway plan

1.  The name of C’s personal adviser.

2.  The nature and level of contact and personal support to be provided to C, and by whom.

3.  Details of the accommodation C is to occupy when C ceases to be looked after.

4.  The plan for C’s continuing education or training when C ceases to be looked after.

5.  How the responsible authority will assist C in obtaining employment or other purposeful activity or occupation.

6.  The support to be provided to enable C to develop and sustain appropriate family and social relationships.

7.  A programme to develop the practical and other skills C needs to live independently.

8.  The financial support to be provided to enable C to meet accommodation and maintenance costs.

9.  C’s health care needs, including any physical, emotional or mental health needs and how they are to be met when C ceases to be looked after.

10.  The responsible authority’s contingency plans for action to be taken in the event that the pathway plan ceases to be effective for any reason.

Regulation 51

SCHEDULE 9Revocations

The Regulations set out in the table are revoked—

Regulations RevokedSeries number
Contact with Children Regulations 1991SI 1991/891
Definition of Independent Visitors (Children) Regulations 1991SI 1991/892
Placement of Children with Parents etc Regulations 1991SI 1991/893

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about care planning for looked after children (i.e. children who are looked after by a local authority (LA), whether or not they are in the care of the LA  by virtue of a care order), and associated matters. They come into force on 1st April 2011.

They are made under new provisions in the Children Act 1989 (the 1989 Act) - sections 22C, 23ZA, 23ZB, 25A, 25B, and paragraphs 12A-E of Schedule 2 - inserted by the Children and Young Persons Act 2008 (the 2008 Act), and under sections 23D, 23E, 26 and 104 of the  1989 Act, which were amended by the 2008 Act. They are also, in part, consolidating regulations which revoke and replace provisions in earlier regulations dealing with care planning.

Part 2 deals with the LA’s arrangements for looking after the child. It prescribes when the LA’s plan for the care of the child (the care plan) must be produced (regulation 4), its content (regulation 5) and makes provision for the LA to revise the plan and provide copies (regulation 6). It makes provision for an assessment of the child’s health, and for the provision of health care (regulation 7). It sets out the steps to be followed when a LA makes a decision under section 34(6) of the 1989 Act to refuse to allow contact with a child (regulation 8).

Part 3 contains general provisions about placements. It contains provisions about the placement plan to be prepared by the LA (regulation 9), about steps to be taken to avoid disruption of a child’s education as a result of a change in placement (regulation 10), special provisions about placements outside England and outside England and Wales (regulations 11 and 12), provision about notification of a placement (regulation 13) and about the circumstances in which a placement may be terminated (regulation 14).

Part 4 makes provision about particular types of placement – with parents (regulations 15 to 20), with local authority foster parents (regulations 21 to 26) and about other arrangements under section 22C(6)(d) of the 1989 Act (regulation 27).

Part 5 prescribes arrangements for a child to be visited by a representative of the LA, the frequency, conduct and consequences of such visits (regulations 28 to 30), and the advice, support and assistance that must be made available to the child between visits (regulation 31).

Part 6 contains provisions about the LA’s reviews of the child’s case – their general responsibility for carrying out reviews (regulation 32), the timing and conduct of reviews, including the role of the Independent Reviewing Officer (regulations 33 to 36) and arrangements for implementing decisions and keeping records of reviews (regulations 37 and 38).

Part 7 sets out arrangements to be made by the LA for ceasing to look after a child. This part is a re-enactment of provisions in the Children (Leaving Care) (England) Regulations 2001 relating to eligible children. An ‘eligible child’ is defined in paragraph 19B of Schedule 2 to the 1989 Act, and in regulation 41 of these Regulations, and is a child who is looked after by a LA, is aged 16 or 17, and has been looked after by a LA for a total of at least 13 weeks beginning after the age of 14 and ending after the age of 16.

Part 8 deals with the additional functions, qualifications and experience of Independent Reviewing Officers (regulations 45 and 46) and with the definition of an independent visitor appointed under section 23ZB of the 1989 Act (regulation 47).

Part 9 deals with miscellaneous matters including the application of the Regulations to short break placements, record keeping, and consequential revocations.

(1)

1989 c.41. Section 22C is inserted by section 8 of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”); sections 23ZA and 23ZB are inserted by sections 15 and 16 of the 2008 Act respectively; sections 23D and 23E are inserted by section 3 of the Children (Leaving Care) Act 2000 (c.35) (“the 2000 Act”), section 23D is amended by sections 23(1) and 39 of the 2008 Act and section 23E is amended by sections 22(3) and 39 of the 2008 Act; sections 25A and 25B are inserted by section 10 of the 2008 Act; section 26(1) is amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) is amended by section 118(1)(a) of the Adoption and Children Act 2002 (c. 38) and by section 10(3)(a) of the 2008 Act; section 104(4) is amended by sections 39 and 42 of the 2008 Act. Paragraphs 12A to 12G of Schedule 2 are inserted by section 8(2) and paragraph 4 of Schedule 1 to the 2008 Act; paragraph 19B of Schedule 2 is inserted by section 1 of the 2000 Act and amended by section 39 of, and paragraphs 1 and 27(1) and (3) of Schedule 3 to, the 2008 Act. The powers are expressed to be exercisable by the “appropriate national authority”, defined in section 30A (which is inserted by section 39 of the 2008 Act) as meaning, in relation to England, the Secretary of State. For the definition of “prescribed” see section 105(1) of the Children Act 1989 (“the 1989 Act”).

(4)

“Local authority” is defined in section 105(1) of the 1989 Act as, in relation to England, “the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London”.

(5)

For the meaning of a child who is “looked after” see section 22(1) of the 1989 Act, as amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22), section 2 of the 2000 Act and by section 116(2) of the Adoption and Children Act 2002.

(7)

“Local authority foster parent” is defined in section 22C(12) of the 1989 Act as a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to that Act. The relevant Regulations are the 2002 Regulations.

(8)

Any reference to a child who 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.

(9)

Paragraph 19C of Schedule 2 was inserted by section 1 of the 2000 Act.

(10)

1996 c.56. Section 312 was amended by paragraph 23 of 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), paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c.40).

(11)

1971 c.80.

(12)

2002 c.38.

(13)

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.

(14)

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.

(15)

The persons listed in that section are: (a) C, (b) any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, and (c) any other person whose wishes and feelings the responsible authority consider to be relevant.

(16)

Section 34(1) was amended by section 139(1) of, and paragraphs 54 and 64 of Schedule 3 to, the Adoption and Children Act 2002.

(17)

For the definition of “fourth key stage” see paragraph 12D(2) of Schedule 2 to the 1989 Act. Paragraph 12D was inserted by section 8(2) of, and paragraph 4 of Schedule 1 to, the 2008 Act.

(18)

The “designated teacher” in the case of a maintained school means the member of staff designated by the governing body in accordance with section 20(1) of the 2008 Act. Academies, City Technology Colleges and City Colleges for the Technology of the Arts are required by their Funding Agreements to have a designated teacher. The Designated Teacher (Looked After Pupils etc.)(England) Regulations 2009 (S.I. 2009/1538) made under section 20(3) of the 2008 Act prescribe the qualifications and experience of the designated teacher.

(19)

That is, the meaning given in section 434(5) of the Education Act 1996.

(20)

That is, an educational institution, outside the further and higher education sectors, for providing primary and/or secondary education.

(21)

‘Relative’ is defined in section 105(1) of the 1989 Act as ‘a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent’.

(22)

Section 22D is inserted by section 8 of the 2008 Act.

(23)

“Registered person” is defined in regulation 2(1) of the 2002 Regulations.

(24)

See the Independent Review of Determinations (Adoptions and Fostering) Regulations 2009 (S.I. 2009/395).

(25)

2000 c.14; section 30A was inserted by section 29 of the 2008 Act.

(26)

“Eligible child” is defined in paragraph 19B of Schedule 2 to the 1989 Act.

(27)

“Statement of special educational needs” is defined in section 324 of the Education Act 1996.

(28)

Amended by section 117(2) and (3) of the 2002 Act.

(29)

Inserted by section 119 of the 2002 Act.

(30)

2000 c.14.

(31)

Section 18(2) is amended by sections 16(1), (2)(a) and (b) and 103(2) of, and Schedule 3, Part 2 to, the Childcare Act 2006 (c.21), and by section 2 of, and Schedule 1 paragraphs 264 and 266 to, the National Health Service (Consequential Provisions) Act 2006 (c.43).

Yn ôl i’r brig

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