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

Additional functions of independent reviewing officers E+W

53.—(1) The IRO must ensure that, having regard to C's age and understanding, C has been informed by the responsible authority of the steps C may take under the 1989 Act and the 2014 Act and in particular, where appropriate—

(a) C's right to apply, with leave, for an order under section 8 of the 1989 Act (child arrangements orders and other orders with respect to children) and, where C is in the care of the responsible authority, to apply for the discharge of the care order, and

(b) the availability of the procedure established by it under section 174 of the 2014 Act for considering any representations (including complaints) C may wish to make about the discharge by the responsible authority of its functions, including the availability of assistance to make such representations under section 178 of the 2014 Act.

(2) If C wishes to take legal proceedings under the 1989 Act, the IRO must—

(a) establish whether an appropriate adult is able and willing to assist C to obtain legal advice or bring proceedings on C's behalf, and

(b) if there is no such person, assist C to obtain such advice.

(3) In the following circumstances the IRO must consider whether it would be appropriate to refer C's case to a Welsh family proceedings officer M1 —

(a) in the opinion of the IRO, the responsible authority has failed in any significant respect—

(i) to prepare C's care and support plan in accordance with these Regulations,

(ii) to review C's case in accordance with these Regulations, or to implement effectively any decision taken in consequence of a review, or

(iii) is otherwise in breach of its duties to C in any material respect, and

(b) having drawn the failure to the attention of persons at an appropriate level of seniority within the responsible authority, it has not been addressed to the satisfaction of the IRO within a reasonable period of time.

(4) When consulted by the responsible authority about any matter concerning C, or when informed of any matter relating to C in accordance with these Regulations, the IRO must—

(a) ensure that the responsible authority has ascertained, and, subject to C's age and understanding, given due consideration to, C's views, wishes and feelings concerning the matter in question, and

(b) consider whether to request a review of C's case.

Marginal Citations

M1 “Welsh family proceedings officer” is defined in section 197(1) of the 2014 Act as having the meaning given by section 35 of the Children Act 2004 (c. 31).