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

Application of these Regulations with modifications to short breaks E+W

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

[F1 (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.]

[F1 (c) the arrangement is such that—

(i) at the end of each 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

(ii) 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,

[F2 (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.]

[F2 (c) regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C at regular intervals during any short break to be agreed with the IRO and C's parents (or any person who is not C's parent but has parental responsibility for C),

(d) regulation 33 does not apply, but instead the responsible authority must first review C's case as soon as is reasonably practicable from the start of the first placement, and subsequent reviews must be carried out at regular intervals during any short break,

(e) any visit required by this regulation may be conducted by telephone, video-link or other electronic means.]

Textual Amendments

F1 Reg. 48(2)(c) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(18)(a) (with Pts. 12, 13)

F2 Reg. 48(3)(c)-(e) substituted for reg. 48(3)(c)(d) (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(18)(b) (with Pts. 12, 13)