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

Frequency of visits E+W

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.

[F1 (1A) Any visit required by this regulation may be conducted by telephone, video-link or other electronic means.

(1B) Where R is unable to visit C within the timescales set out in this regulation the responsible authority must ensure that R visits C as soon as is reasonably practicable thereafter.]

(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.

[F2 (3A) Where—

(a) C is in a long term foster placement and has been in that placement for at least one year, and

(b) C, being of sufficient age and understanding, agrees to be visited less frequently than required by paragraph (2)(c),

the responsible authority must ensure that R visits C at intervals of no more than 6 months.]

(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) [F3 , (3A)] 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 M1 (notification of matters relating to persons carrying on or managing certain establishments or agencies) [F4 or under section 39 of the Regulation and Inspection of Social Care (Wales) Act 2016 (notifying local authorities of certain action under this Part)], where the children's home in which C is placed for the time being is referred to in that notification.

Textual Amendments

F1 Reg. 28(1A)(1B) inserted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(13) (with Pts. 12, 13)

F2 Reg. 28(3A) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 5(a)

F3 Word in reg. 28(7)(a)(ii) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 5(b)

F4 Words in reg. 28(7)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 21(4)

Marginal Citations

M1 2000 c.14; section 30A was inserted by section 29 of the 2008 Act.