2011 No. 1010

Children And Young Persons, England And Wales

The Visits to Children in Long-Term Residential Care Regulations 2011

Made29th March 2011

Laid before Parliament31st March 2011

Laid before the National Assembly of Wales31st March 2011

Coming into force25th April 2011

The Secretary of State for Education and the Welsh Ministers, acting jointly in exercise of the powers conferred by section 86A(4)1 of the Children Act 19892, make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Visits to Children in Long-Term Residential Care Regulations 2011 and come into force on 25th April 2011.

Interpretation2.

In these Regulations—

“the 1989 Act” means the Children Act 1989;

“A” means an accommodated child within the meaning of paragraph 8A(2) of Schedule 2 to the 1989 Act3 F1or, as the case may be, a child accommodated in accordance with section 120 or 121 of the Social Services and Well-being (Wales) Act 2014;

“R” means a representative of the responsible local authority;

“responsible local authority” means—

(a)

where a notification has been made under section 85(1)4 of the 1989 Act, the responsible authority as defined in section 85(3);

(b)

F2in Wales, where a notification has been made under section 120(2) of the Social Services and Well-being (Wales) Act 2014, the responsible authority as defined in section 120(3) of that Act;

(c)

where a notification has been made under section 86(1)5 of the 1989 Act, the local authority6 within whose area the establishment is carried on;

(d)

F3in Wales, where a notification has been made under section 121(2) of the Social Services and Well-being (Wales) Act 2014, the local authority within whose area the establishment is carried on;

“working day” means any day other than a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 19717.

Frequency of visits3.

(1)

Where a notification has been made with respect to A, and A’s needs for the purposes of the 1989 Act F4or, as the case may be, the Social Services and Well-being (Wales) Act 2014 have not been assessed by any local authority in the twelve months ending with the date of notification, the responsible local authority must make arrangements to ensure that R visits A–

(a)

within seven working days of that notification, and

(b)

thereafter, at intervals of not more than six months.

(2)

Where A’s needs have been assessed in the twelve months ending with the date of notification, the responsible local authority must make arrangements to ensure that R visits A–

(a)

within three months of that notification, and

(b)

thereafter, at intervals of not more than six months.

(3)

In addition to visits in accordance with paragraph (1) or (2), the responsible local authority must make arrangements to ensure that R visits A—

(a)

whenever reasonably requested to do so by A, and

(b)

whenever the responsible local authority is satisfied that circumstances require A to be visited in order to safeguard and promote A’s welfare.

Circumstances of visit4.

On each visit, R must speak to A in private unless –

(a)

A, being of sufficient age and understanding to do so, refuses,

(b)

R considers it inappropriate to do so, having regard to A’s age and understanding, or

(c)

R is unable to do so.

Reports of visits5.

(1)

R must provide a written report of each visit to the responsible local authority.

(2)

R’s report must include R’s assessment of—

(a)

A’s wishes and feelings about the accommodation, so far as R has been able to ascertain them,

(b)

whether A’s welfare is adequately safeguarded and promoted,

(c)

whether further visits by R, in addition to those set out in regulation 3(1) or (2), are required in order to safeguard and promote A’s welfare,

(d)

any services which R considers appropriate to be made available with a view to promoting contact between A and A’s family, and

(e)

any other steps that should be taken by the responsible local authority exercising its functions under the 1989 Act F5or, as the case may be, the Social Services and Well-being (Wales) Act 2014 to safeguard and promote A’s welfare8.

(3)

The responsible local authority must give a copy of the report to—

(a)

A, unless it would not be appropriate to do so, having regard to A’s age and understanding,

(b)

any parent of A’s and any person who is not A’s parent but who has parental responsibility9 for A unless to do so would place A at risk of significant harm,

(c)

where different from the responsible local authority, the local authority in whose area A is accommodated, and

(d)

any other person with responsibility for safeguarding and promoting A’s welfare under the 1989 Act F6or, as the case may be, the Social Services and Well-being (Wales) Act 2014.

Sarah Teather

Minister of State

Department for Education

29th March 2011

Gwenda Thomas

Deputy Minister for Social Services under authority of the Minister for Health and Social Services One of the Welsh Ministers

29th March 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 86A of the Children Act 1989, which imposes a duty on local authorities to make arrangements for children in long-term residential care to be visited by a representative of the authority. Section 86A of that Act is a new provision which was inserted by section 18 of the Children and Young Persons Act 2008.

Regulation 3 prescribes the frequency with which a representative of the authority must visit the accommodated child.

Regulation 4 requires the representative of the authority to speak to the accommodated child in private during each visit, unless it would be inappropriate to do so.

Regulation 5 requires the representative to prepare a report of each visit. It also sets out the contents of the report and the persons to whom the local authority must give a copy.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.