The Placement of Children (Wales) Regulations 2007

Considerations on making and contents of arrangements

5.—(1) The considerations to which the responsible authority is to have regard so far as reasonably practicable in making the arrangements referred to in regulation 4 in each case are the general considerations specified in Schedule 1, the considerations concerning the health of a child specified in Schedule 2, the considerations concerning the education of a child specified in Schedule 3 and the considerations in paragraphs (2) to (5).

(2) Where the responsible authority considers placing a child outside the area in which the child is ordinarily resident it must refer the child’s case to a panel—

(a) before the placement is made; or

(b) where it is not practicable to refer the case to a panel before the placement is made, as soon as practicable afterwards and in any event not later than 25 working days after the placement is made.

(3) Where the case of a child to whom paragraph (2) applies is not referred by the responsible authority to a panel before the placement is made, the responsible authority must provide written reasons, endorsed by a senior officer of the responsible authority, for not doing so.

(4) The responsible authority must not place a child outside the area in which the child is ordinarily resident unless satisfied either that—

(a) there is no placement available in that area capable of meeting the child’s needs; or

(b) a placement outside that area would be more consistent with the child’s welfare than any available placement within that area.

(5) Any decision to place a child outside the area in which the child is ordinarily resident must, with reasons, be recorded in writing and endorsed by a senior officer of the responsible authority.

(6) A written record made in accordance with paragraph (3) or (5) must be made available in suitable form—

(a) where the responsible authority is a local authority, to the lead member for children’s services for that authority; or

(b) in any other case, to a senior officer of the local authority for the area in which the child is ordinarily resident and of the area authority.

(7) Where a responsible authority makes arrangements to place a child outside Wales it must ensure, so far as reasonably practicable, that the requirements that would have applied under these Regulations had the child been placed in Wales, are complied with.

(8) Except in a care case, the arrangements referred to in regulation 4 must include, where practicable, arrangements concerning the matters specified in Schedule 4.