Contact with a child in care
9.—(1) This regulation applies if C is in the care of the responsible authority and the responsible authority has decided under section 34(6) of the 1989 Act (refusal of contact as a matter of urgency) to refuse to allow contact that would otherwise be required by virtue of section 34(1) of the 1989 Act(1) or an order under section 34 of that Act (parental contact etc. with children in care).
(2) The responsible authority must immediately give written notification to the following persons of the information specified in paragraph (3) (“the specified information”)—
(a)C, unless it would not be appropriate to do so having regard to C’s age and understanding,
(b)P,
(c)where immediately before the care order was made a person had care of C by virtue of an order made in exercise of the High Court’s inherent jurisdiction with respect to children, that person,
(d)any other person whose views, wishes and feelings the responsible authority consider to be relevant, and
(e)the IRO.
(3) The specified information is—
(a)the responsible authority’s decision;
(b)the date of the decision;
(c)the reasons for the decision;
(d)the duration of the decision (if applicable); and
(e)remedies available in case of dissatisfaction.
(4) The responsible authority may depart from the terms of any order made under section 34 of the 1989 Act by agreement with the person in relation to whom the order is made, provided that—
(a)C, being of sufficient age and understanding, also agrees, and
(b)written notification of the specified information is sent within 5 working days to the persons listed in paragraph (2).
(5) Where the responsible authority has decided to vary or suspend any arrangements made (otherwise than under an order under section 34 of the 1989 Act) with a view to affording any person contact with C, the responsible authority must immediately give written notification containing the specified information to the persons listed in paragraph (2).
(6) The responsible authority must record any decision made under this regulation in C’s care and support plan.
Section 34(1) of the 1989 Act was amended by section 139(1) of and paragraphs 54 and 59 to Schedule 3 to the Adoption and Children Act 2002 (c. 38).