The Representations Procedure (Wales) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the 2005 Representations Procedure (Children) (Wales) Regulations and establish a new procedure which local authorities must follow in the consideration of representations made to them about the discharge of specific functions under the Children Act 1989 (“the 1989 Act”) and under the Adoption and Children Act 2002 (“the 2002 Act”).

Sections 24D and 26 of the 1989 Act place a duty upon local authorities to establish a procedure for considering representations (including complaints) made to them about the discharge of specific functions under the 1989 Act and the 2002 Act.

These Regulations specify further local authority functions about which representations can be made under sections 24, 26(3A), (3B).

Part 2 (regulations 4 to 7) makes provision about the arrangements for the setting up of a representations procedure. Regulation 4 requires the local authority to designate a senior officer to be responsible for ensuring compliance with arrangements made by the local authority. Regulation 5 requires the local authority to appoint a complaints officer to manage the procedure for handling and consideration of representations. Regulation 6 provides for electronic communication. Regulation 7 requires the local authority to ensure that its staff are appropriately trained.

Part 3 (Regulations 8 to 14) sets out the scope of the representations procedure. Regulation 8 specifies the qualifying functions under Parts 4 and 5 of the 1989 Act for the purposes of section 24D of the 1989 Act. Regulation 9 specifies the qualifying functions under the 2002 Act for the purposes of section 26(3B) of the 1989 Act.

Under paragraph 6 of Schedule 7 to the 1989 Act, every local authority is required to establish a procedure for considering any representations made to it about the discharge of its functions under paragraph 4 of Schedule 7 which allows a local authority to exempt people from the limit on the number of children they may foster. Regulation 10 specifies which regulations will apply to representations made to the local authority in this regard.

Part 4 (regulations 15 to 22) sets out the procedure for the handling and investigation of representations. Regulation 15 makes provision about the ability of “other persons” to make representations on behalf of a child. Regulation 16 requires that a representation must be acknowledged within 2 working days of receipt. Regulation 17 requires that the person making the representation must be offered a discussion in an attempt to informally resolve the matter. That discussion must take place within 10 working days of the start date which will vary depending upon whether the representation is being made by another person on behalf of a child or where an advocate is appointed. If informal resolution of the representation is achieved then the local authority must write to the person making the representation with details of the terms of the resolution. The 10 day time limit may be extended in exceptional circumstances by agreement between the local authority and the person making the representation.

Regulations 18 to 20 prescribe the second formal stage of the process that involves the local authority investigating the representation together with an independent investigator. This stage will apply if the person making the representation refuses an offer of discussion, elects to have the representation dealt with under this procedure or if the representation has not been resolved to the satisfaction of the person making it at the local resolution stage. Regulation 19 requires the appointment of an independent person. Regulation 20 requires the local authority to send a written response to the person making the representation within 25 working days of the production of the final written record of the representation. Regulation 21 sets out the procedure in the event that a representation concerns the actions of more than one local authority. Regulation 22 concerns the handling of care standards representations.

In Part 5 regulation 23 sets out the duty upon local authorities to monitor the arrangements they have made with a view to ensuring that they comply with these Regulations and regulation 24 makes provision for an annual report to be prepared.

Part 6 contains provisions for transitional arrangements, revocation and amendment.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from: the Social Services Strategy and Improvement Division, Department for Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.