The Review of Children’s Cases (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the provisions of the Children Act 1989 and revoke and replace the Review of Children’s Cases Regulations 1991 as far as those Regulations apply in relation to Wales. The Regulations make provision for review of the arrangements for placement of children in Wales who are looked after by local authorities or accommodated by voluntary organisations or private children’s homes.

Regulation 2 requires responsible authorities to review children’s placements.

Regulation 3 requires responsible authorities to appoint independent reviewing officers to undertake reviews in accordance with these Regulations.

Regulation 4 (subject to regulation 12), provides for the timing and frequency of reviews, and allows for the independent reviewing officer to direct reviews to be carried out at shorter intervals than those specified in the regulation.

Regulation 5 requires each responsible authority to set out their arrangements for the way in which reviews under these Regulations are to be conducted, and to draw those arrangements to the attention of the people mentioned in regulation 8. Where a responsible authority is looking after a child, the regulation requires the authority to coordinate reviews and appoint an officer to assist in that process, and to have regard to the matters set out in Schedule 1 (Elements to be included in the review).

Regulation 6 requires each responsible authority when reviewing a child’s case, to have regard to the matters set out in Schedule 2 (Considerations to which responsible authorities are to have regard), and Schedule 3 (Health considerations to which responsible authorities are to have regard).

Regulation 7 requires each responsible authority to arrange for health assessments and written reports in respect of each child looked after by them, addressing the matters set out in Schedule 3, provides for the frequency of such assessments and requires a review, at specified intervals, of the plan for the future health of the child, made under the Placement of Children (Wales) Regulations 2007.

Regulation 8 requires a responsible authority to consult and involve in the review, various people specified in the regulation, including the child, and to notify those people of details of the result of the review and of any decision taken as part of it.

Regulation 9 requires a responsible authority to make arrangements to implement any decision made in the course of or as a result of a review, and to notify the independent reviewing officer of any failure to make such arrangements, or of any significant change of circumstances after the review which might affect the arrangements.

Regulation 10 requires a responsible authority to monitor the arrangements for reviews to ensure compliance with these Regulations.

Regulation 11 requires a responsible authority to make a written record of the review of a child’s case and of associated matters.

Regulation 12 provides for the application of these Regulations in circumstances where a child is looked after or provided with accommodation for a series of short periods (defined in the regulation) and provides for the timing and frequency of reviews in such cases.

Regulation 13 makes transitional provisions.

Regulation 14 excludes certain types of children’s placement from the requirements of these Regulations.

Regulation 15 revokes the Review of Children’s Cases Regulations 1991 in relation to Wales.