The Care Planning, Placement and Case Review (Wales) Regulations 2015

1. Introductory Text

2. PART 1 General

   1. 1. Title, commencement and application

   2. 2. Interpretation

   3. 3. Parts 2 to 10 do not apply in relation to...

3. PART 1A CHILDREN FOR WHOM NO PERSONAL EDUCATION PLAN IS TO BE PREPARED

   1. 3A. The following categories of looked after child are prescribed for...

4. PART 2 Arrangements for looking after a child

   1. 4. Care planning

   2. 5. Preparation and content of the care and support plan

   3. 6. (1) The responsible authority must keep C's care and support...

   4. 7. Health care

   5. 8. Contact with a child in care

   6. 9. (1) This regulation applies if C is in the care...

5. PART 3 Placements – general provisions

   1. 10. Placement plan

   2. 11. Avoidance of disruption in education

   3. Placements out of area

      1. 12. Placement decision

      2. 13. Placement outside England and Wales

      3. 14. Notification of placement

      4. 15. Termination of placement by the responsible authority

6. PART 4 Provision for different types of placement

   1. CHAPTER 1 Placement of a child in care with P

      1. 16. Application

      2. 17. Effect of contact order

      3. 18. Assessment of P's suitability to care for a child

      4. 19. Decision to place a child with P

      5. 20. Circumstances in which a child may be placed with P before assessment completed

      6. 21. Support for P

   2. CHAPTER 2 Placement with local authority foster parents

      1. 22. Interpretation

      2. 23. Conditions to be complied with before placing a child with a local authority foster parent

      3. 24. Emergency placement with a local authority foster parent

      4. 25. Placement following consideration in accordance with section 81(11) of the 2014 Act

      5. 26. Temporary approval of a relative, friend or other person connected with C

      6. 27. Expiry of temporary approval

      7. 28. Temporary approval of a particular prospective adopter as a foster parent

      8. 29. Independent fostering services – discharge of authority functions

   3. CHAPTER 3 Other arrangements

      1. 30. General duties of the responsible authority when placing a child in other arrangements

7. PART 5 Visits by the responsible authority's representative etc.

   1. 31. Frequency of visits

   2. 32. Conduct of visits

   3. 33. Consequences of visits

   4. 34. Advice and other support for the child

   5. 35. Records of visits undertaken by R

   6. 36. Appointment of an independent visitor

   7. 37. Where the responsible authority determines in accordance with regulation 36...

8. PART 6 Reviews of the child's case

   1. 38. General duty of the responsible authority to review the child's case

   2. 39. Timing of reviews

   3. Conduct of reviews

      1. 40. Responsible authority policy on reviews

      2. 41. Considerations to which the responsible authority must have regard

      3. 42. Role of the IRO

      4. 43. Arrangements for implementing decisions arising out of reviews

      5. 44. Records of reviews

9. PART 7 Arrangements made by the local authority for ceasing to look after a child

   1. 45. Decision to cease looking after C

   2. 46. Arrangements for ceasing to look after a child who is not a category 1 young person

   3. Category 1 young persons

      1. 47. Meaning of category 1 young person

      2. 48. General duties

      3. 49. Assessment of needs

      4. 50. Pathway assessments and plans: post-18 living arrangements

      5. 51. The pathway plan

      6. 52. Functions of the personal adviser

10. PART 8 Independent reviewing officers and independent advisers

    1. 53. Additional functions of independent reviewing officers

    2. 54. Qualifications and experience of independent reviewing officers

    3. 55. Independent visitors

11. PART 9 Application of these Regulations with modifications to children on remand or to children who are detained

    1. 56. Application of these Regulations with modifications to children on remand and to children who are detained

    2. 57. Modifications to Part 2

    3. 58. Modifications to Part 3

    4. 59. Disapplication of Part 4

    5. 60. Modification of Part 5

    6. 61. Modification of Part 6

12. PART 10 Miscellaneous

    1. 62. Application of these Regulations with modifications to short breaks

    2. 63. Records – establishment of records

    3. 64. Records - retention and confidentiality

    4. 65. Revocations

13. Signature

14. SCHEDULES

    1. SCHEDULE 1

       Provisions conferring power on the Welsh Ministers which are exercised in the making of these Regulations

    2. SCHEDULE 2

       Care and support plans

       1. 1. Information to be included in the health plan

       2. 2. Information to be included in the personal education plan

       3. 3. Family and social relationships

    3. SCHEDULE 3

       Matters to be dealt with in the placement plan

       1. 1. Information to be included in C's placement plan

       2. 2. Additional information to be included where C is placed with P

       3. 3. Additional information to be included where C is placed with F, in a children's home or in other arrangements

    4. SCHEDULE 4

       Matters to be taken into account when assessing the suitability of P to care for C

       1. 1. In respect of P— (a) P's capacity to care for...

       2. 2. In respect of members of the household aged 18 and...

    5. SCHEDULE 5

       Matters to be taken into account when assessing the suitability of a connected person to care for C

       1. 1. In respect of the connected person— (a) the nature and...

       2. 2. In respect of members of the household aged 18 and...

    6. SCHEDULE 6

       Agreement with an independent fostering service relating to the discharge of the responsible authority's functions

       1. 1. The agreement must contain the following information—

       2. 2. Where the agreement relates to a particular child, it must...

    7. SCHEDULE 7

       Matters to be considered before placing C in accommodation in an unregulated setting under section 81(6)(d) of the 2014 Act

       1. 1. In respect of the accommodation, the— (a) facilities and services...

       2. 2. In respect of C, C's— (a) views about the accommodation,...

    8. SCHEDULE 8

       Considerations to which the responsible authority must have regard when reviewing C's case

       1. 1. The effect of any change in C's circumstances since the...

       2. 2. Whether the responsible authority should seek any change in C's...

       3. 3. Whether there is a plan for permanence for C.

       4. 4. The arrangements for contact and whether there is any need...

       5. 5. Whether C's placement continues to be the most appropriate available,...

       6. 6. Whether C's placement safeguards and promotes C's well-being, and whether...

       7. 7. C's educational needs, progress and development and whether any change...

       8. 8. C's leisure interests.

       9. 9. The report of the most recent assessment of C's state...

       10. 10. Whether C's needs related to C's identity are being met...

       11. 11. Whether the arrangements made in accordance with regulation 34 continue...

       12. 12. Whether any arrangements need to be made for the time...

       13. 13. C's wishes and feelings, and the views of the IRO,...

       14. 14. Where regulation 31(3) applies, the frequency of R's visits.

       15. 15. Where C is a category 1 young person who has...

       16. 16. If paragraph 15 applies and if C wishes to make...

       17. 17. Where C falls within regulation 5(1)(f), whether C's needs as...

       18. 18. Details of any care plan or health treatment plan for...

       19. 19. Details of any support or services provided for P by...

       20. 20. Any changes in P’s capacity to care for children, and...

       21. 21. Any changes in the family circumstances since the last review....

       22. 22. Any significant events outside the family which are relevant.

       23. 23. Any difficulties which the family may have had in engaging...

       24. 24. Whether there is any conflict between the needs of C...

       25. 25. The need to prepare for the ending of the involvement...

       26. 26. In paragraphs 18 to 25— “P” is to be construed...

    9. SCHEDULE 9

       Matters to be dealt with in the pathway plan

       1. 1. The name of C's personal adviser.

       2. 2. The nature and level of contact and personal support to...

       3. 3. Details of the accommodation C is to occupy when C...

       4. 4. Where C wishes to make a post-18 living arrangement, details...

       5. 5. The plan for C's continuing education or training when C...

       6. 6. How the responsible authority will assist C in obtaining employment...

       7. 7. The support to be provided to enable C to develop...

       8. 8. A programme to develop the practical and other skills C...

       9. 9. The financial support to be provided to enable C to...

       10. 10. C's health care needs, including any physical, emotional or mental...

       11. 11. The responsible authority's contingency plans for action to be taken...

    10. SCHEDULE 10

        Matters to be dealt with in the detention placement plan

        1. 1. How on a day to day basis C will be...

        2. 2. Any arrangements for contact between C and any parent of...

        3. 3. The arrangements made for R to visit C in accordance...

        4. 4. If an independent visitor is appointed, the arrangements made for...

        5. 5. The arrangements made by the staff of the prison, YDA...

        6. 6. The arrangements made by the staff of the prison, YDA...

        7. 7. C's personal history, religious persuasion, cultural and linguistic background, sexual...

        8. 8. The arrangements put in place by the staff of the...

        9. 9. The name and contact details of— (a) the IRO,

        10. 10. Details of how C's well-being should be adequately safeguarded and...

    11. SCHEDULE 11

        Revocations

        1. The Regulations set out in the Table are revoked to...

15. Explanatory Note