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

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

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

56.—(1) These Regulations apply with the modifications set out in this Part while C is—

(a) remanded to local authority accommodation,

(b) remanded to youth detention accommodation (“YDA”), or

(c) detained(1).

(2) In these Regulations—

(a) where C is remanded to local authority accommodation or to YDA, references to the “responsible authority” are to be read as if they were references to the local authority designated by the court under section 92(2) or section 102(6), as the case may be, of the 2012 Act,

(b) where C is remanded to YDA or is detained, references to being “placed” are to be read as if they were references to C being so remanded or detained,

(c) where C is remanded to YDA or is detained—

(i) references to the “placement plan”(2) are to be read as if they were references to the “detention placement plan”, and

(ii) where C is a looked after child only by reason of being so remanded, references to the “care and support plan” are also to be read as references to the “detention placement plan”.

Modifications to Part 2

57.—(1) Part 2 (arrangements for looking after a child) applies with the following modifications.

(2) Where C is a looked after child only by reason of being remanded to local authority accommodation—

(a) in regulation 4(3), the care and support plan must be prepared within 5 working days of C being so remanded, and

(b) regulation 5(1)(a) does not apply.

(3) Where C is remanded to YDA and was a looked after child immediately before being so remanded, or where C is detained—

(a) regulation 5(1)(c) does not apply, and instead the care and support plan must include a detention placement plan,

(b) in regulation 6(3), the responsible authority must also give a copy of the care and support plan to the director, governor or registered manager (as the case may be) of the prison or YDA, and

(c) regulation 7(1) to (4) does not apply.

(4) Where C is a looked after child only by reason of being remanded to YDA—

(a) regulation 5 does not apply, and instead the responsible authority must prepare a detention placement plan, which also includes details of the views, wishes and feelings of the persons that are ascertained and considered by the responsible authority in accordance with sections 6(2) and (4), 7(2) and 78(3) of the 2014 Act about the detention placement plan, and the views, wishes and feelings of those persons in relation to any change, or proposed change, to the detention placement plan,

(b) regulation 7(1) to (4) does not apply, and regulation (5) applies with the modification that for “health plan” there is substituted “detention placement plan”.

Modifications to Part 3

58.—(1) Part 3 applies with the following modifications.

(2) Where C a looked after child only by reason of being remanded to YDA, regulations 10, 11, 12 and 15 do not apply, and instead—

(a) the responsible authority must prepare a plan for the remand (“the detention placement plan”) within 10 working days of C’s remand to YDA which—

(i) sets out how the prison, YDA or premises in which C is required to reside will meet C’s needs, and

(ii) includes the name and address of the YDA and the matters specified in Schedule 10.

(3) Where C is remanded to YDA and was a looked after child immediately before being so remanded or, where C is detained—

(a) regulations 10, 11, 12 and 15 do not apply, and instead the responsible authority must prepare a detention placement plan in accordance with sub-paragraph (b);

(b) the responsible authority must prepare a detention placement plan for the remand or detention (which will be included within C’s care and support plan) within 10 working days of C’s remand to YDA or detention, which—

(i) sets out how the prison, YDA or premises in which C is required to reside will meet C’s needs, and

(ii) includes, as appropriate, the name and address of the prison, YDA, or premises in which C is required to reside and the matters specified in Schedule 10;

(c) the IRO must be informed of the remand or detention.

(4) Where C falls within paragraph (2) or (3)—

(a) the responsible authority must ensure that C’s views, wishes and feelings have been ascertained and given due consideration;

(b) the detention placement plan must be agreed with and signed by the director, governor, or registered manager (as the case may be) of the prison or YDA. or the premises in which C is required to reside.

(5) Where C is remanded to local authority accommodation, regulation 10(1) applies with the modification that the placement plan must be prepared within 5 working days of C being so remanded.

Disapplication of Part 4

59.  Part 4 (provision for different types of placement) does not apply where C is remanded to YDA or where C is detained.

Modification of Part 5

60.  Part 5 (visits by the responsible authority’s representative etc.) applies with the modification that in regulation 31(7)(a), the responsible authority must ensure that R visits C, where C is remanded to YDA or C is detained, whenever reasonably requested to do so by the director, governor or registered manager (as the case may be) of the prison, YDA or the premises in which C is required to reside.

Modification of Part 6

61.  Part 6 (reviews) applies with the modification that in regulation 41, the considerations to which the responsible authority must have regard in reviewing C’s case where C is remanded to YDA or where C is detained are set out in paragraphs 1, 4, and 6 to 13 of Schedule 8 (considerations to which the responsible authority must have regard when reviewing C’s case).

(1)

See regulation 2(2) for a definition of “detained”.

(2)

See regulations 5 and 10 for the provision about the placement plan, which forms part of C’s care and support plan and sets out details of the arrangements for the placement and accommodation to be provided for C.