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

SCHEDULES

Preamble

SCHEDULE 1 Provisions conferring power on the Welsh Ministers which are exercised in the making of these Regulations

Enactment conferring power
The 2014 Act	Sections 81(6)(d), 83(5) 84, 87, 97(4)(a), 97(5), 98(1)(a), 100(1)(b), 100(2)(a), 102(1), 102(2), 104(2)(c), 104(6), 106(4), 107(7)(c), 107(8), 107(9), 108(6), and 196(2)
The Children Act 1989	Sections 31A and 34(8).

Regulation 5

SCHEDULE 2 Care and support plans

Information to be included in the health plan

1.—(1) C’s state of health including C’s physical, oral, emotional and mental health.

(2) C’s health history including, as far as practicable, C’s family’s health history.

(3) The effect of C’s health and health history on C’s development.

(4) Existing arrangements for C’s medical and dental care, appropriate to C’s needs, including—

(a) routine checks of C’s general state of health, including dental health;

(b) treatment and monitoring for identified health (including physical, emotional and in particular mental health) or dental care needs;

(c) preventive measures such as vaccination and immunisation;

(d) screening for defects of vision or hearing; and

(e) advice and guidance on promoting health and effective personal care (including mental health and oral care).

(5) Any planned changes to existing arrangements.

(6) The role of the appropriate person, and of any other person who cares for C, in promoting C’s health.

Information to be included in the personal education plan

2.—(1) C’s educational and training history including information about educational institutions attended and C’s attendance and conduct record, C’s academic and other achievements; and C’s special educational needs, if any.

(2) Existing arrangements for C’s education and training including details of any special educational provision and any other provision made to meet C’s particular educational or training needs and to promote C’s educational achievement.

(3) C’s leisure interests.

(4) Where any change to the arrangements for C’s education or training is necessary, provision made to minimise disruption to that education or training.

(5) The role of the appropriate person and of any other person who cares for C in promoting C’s educational achievements and leisure interests.

Family and social relationships

3.—(1) If C has a sibling for whom the responsible authority or another authority is providing accommodation, and the children have not been placed together, the arrangements made to promote contact between them, so far as is consistent with C’s well-being.

(2) If C is looked after by, but is not in the care of, the responsible authority, details of any order relating to C made under section 8 of the 1989 Act.

(3) If C is a child in the care of the responsible authority, details of any order relating to C made under section 34 of the 1989 Act (parental contact etc. with children in care).

(4) Any other arrangements made to promote and maintain contact in accordance with section 95 of the 2014 Act, so far as is reasonably practicable and consistent with C’s well-being, between C and—

(a) any parent of C’s and any person who is not C’s parent but who has parental responsibility for C; and

(b) any other connected person.

(5) Where section 98(1) of the 2014 Act (independent visitors for looked after children) applies, the arrangements made to appoint an independent visitor for C or, if section 98(6) of that Act applies (appointment of independent visitor not made where child objects), that fact.

Regulation 10

SCHEDULE 3 Matters to be dealt with in the placement plan

Information to be included in C’s placement plan

1.—(1) How on a day to day basis C will be cared for and C’s well-being will be safeguarded and promoted by the appropriate person.

(2) Any arrangements made for contact between C and any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, and between C and other connected persons including, if appropriate—

(a) the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C’s well-being,

(b) if C is not in the care of the responsible authority, details of any order made under section 8 of the 1989 Act,

(c) if C is in the care of the responsible authority, details of any order relating to C made under section 34 of the 1989 Act,

(d) the arrangements made for notifying any changes in the arrangements for contact.

(3) The arrangements made for C’s health (including physical, emotional and mental health) and dental care including—

(a) the name and address of C’s general practitioner and registered dental practitioner and, where applicable, any general practitioner or registered dental practitioner with whom C is to be registered following the placement,

(b) any arrangements for the giving or withholding of consent to medical or dental examination or treatment for C.

(4) The arrangements made for C’s education and training including—

(a) the name and address of any school at which C is a registered pupil,

(b) the name of the designated person for looked after pupils at that school (if applicable); the name and address of any other education institution that C attends, or of any other person who provides C with education or training,

(c) where C has a statement of special educational needs, details of the local education authority that maintains the statement.

(5) The arrangements made for R to visit C in accordance with Part 5, the frequency of visits and the arrangements made for advice and other support to be available to C between visits in accordance with regulation 34.

(6) If an independent visitor is appointed, the arrangements made for that person to visit C.

(7) The circumstances in which the placement may be terminated and C removed from the appropriate person’s care in accordance with regulation 15.

(8) The name and contact details of—

(a) the IRO;

(b) C’s independent visitor (if one is appointed);

(c) R; and

(d) if C is a category 1 young person, the personal adviser appointed for C.

Additional information to be included where C is placed with P

2.—(1) A record of—

(a) the assessment of P’s suitability to care for C, including consideration of the matters set out in Schedule 4,

(b) C’s views, wishes and feelings and those of any other person whose views are sought by the responsible authority,

(c) the decision of the responsible authority to place C with P.

(2) Details of support and services to be provided to P during the placement.

(3) The obligation on P to notify the responsible authority of any relevant change in circumstances, including any intention to change address, any changes in the household in which C lives, and any serious incident involving C.

(4) The obligation on P to ensure that any information relating to C or C’s family or any other person given in confidence to P in connection with the placement is kept confidential, and that such information is not disclosed to any person without the consent of the responsible authority.

(5) The circumstances in which it is necessary to obtain prior approval of the responsible authority for C to live in a household other than P’s household.

(6) The arrangements for requesting a change to the placement plan.

(7) The circumstances in which the placement will be terminated in accordance with regulation 20(c)(ii).

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

3.—(1) A record of the responsible authority’s determination under regulation 23(2).

(2) The type of accommodation to be provided, the address and, where C is placed in other arrangements under section 81(6)(d) of the 2014 Act, the name of the person who will be responsible for C at that accommodation on behalf of the responsible authority (if any).

(3) Where—

(a) the responsible authority has, or is notified of, child protection concerns relating to C, or

(b) C has gone missing from the placement or from any previous placement,

the day to day arrangements put in place by the appropriate person to keep C safe.

(4) C’s personal history, religious persuasion, cultural and linguistic background, sexual orientation, and racial origin.

(5) Where C is looked after but is not in the care of the responsible authority—

(a) the expected duration of the arrangements and the steps which should be taken to bring the arrangements to an end, including arrangements for C to return to live with C’s parents, or any person who is not C’s parent but who has parental responsibility for C; and

(b) where C is aged 16 or over and agrees to being provided with accommodation under section 76 of the 2014 Act, that fact.

(6) The respective responsibilities of the responsible authority, C’s parents, and any person who is not C’s parent but who has parental responsibility for C.

(7) Any delegation of authority to make decisions about C’s care and upbringing by the persons mentioned in sub-paragraph (6) (as appropriate) to—

(a) the responsible authority,

(b) F, and

(c) where C is placed in a children’s home, the appropriate person,

in relation to the matters set out in sub-paragraph (8), and identifying any matters about which the persons mentioned in sub-paragraph (6) consider that C may make a decision.

(8) The matters referred to in sub-paragraph (7) are—

(a) medical and dental treatment,

(b) education,

(c) leisure and home life,

(d) faith and religious observance,

(e) use of social media,

(f) any other matters which the persons mentioned in sub-paragraph (6) consider appropriate.

(9) The responsible authority’s arrangements for the financial support of C during the placement.

(10) Where C is placed with F, the obligation on F to comply with the terms of the foster care agreement made under regulation 28(5)(b) of the Fostering Regulations or regulation 27(5)(b) of the Fostering Services (England) Regulations 2011.

Regulation 18

SCHEDULE 4 Matters to be taken into account when assessing the suitability of P to care for C

1.  In respect of P—

(a) P’s capacity to care for children and in particular in relation to C to—

(i) provide for C’s physical needs and appropriate medical and dental care,

(ii) protect C adequately from harm or danger, including from any person who presents a risk of harm to C,

(iii) ensure that the home environment is safe for C,

(iv) ensure that C’s emotional needs are met and C is provided with a positive sense of self, including any particular needs arising from C’s religious persuasion, racial origin, sexual orientation, cultural and linguistic background, and any disability C may have,

(v) promote C’s learning and intellectual development through encouragement, cognitive stimulation and the promotion of educational success and social opportunities,

(vi) enable C to regulate C’s emotions and behaviour, including by modelling appropriate behaviour and interactions with others, and

(vii) provide a stable family environment to enable C to develop and maintain secure attachments to P and other persons who provide care for C;

(b) P’s state of health including—

(i) P’s physical health,

(ii) P’s emotional health,

(iii) P’s mental health,

(iv) P’s medical history,

(v) any current or past issues of domestic violence,

(vi) any current or past issues regarding substance misuse,

and the relevance or otherwise of any of these factors upon P’s capacity to care for children and in particular C;

(c) P’s family relationships and composition of P’s household, including particulars of—

(i) the identity of all other members of the household, including their age and the nature of their relationship with P and with each other, including any sexual relationship,

(ii) any relationship with any person who is a parent of C (whether or not resident in the same household as P),

(iii) other adults not being members of the household who are likely to have regular contact with C, and

(iv) any current or previous domestic violence between members of the household, including P;

(d) P’s family history, including—

(i) particulars of P’s childhood and upbringing including the strengths and difficulties of P’s parents or other persons who cared for P,

(ii) P’s relationships with P’s parents and siblings, and their relationships with each other,

(iii) P’s educational achievement and of any specific learning difficulty or disability,

(iv) a chronology of significant life events, and

(v) particulars of other relatives and their relationships with C and P;

(e) particulars of any criminal offences of which P has been convicted or in respect of which P has been cautioned;

(f) P’s past and present employment and other sources of income; and

(g) the nature of the neighbourhood in which P’s home is situated and resources available in the community to support C and P.

2.  In respect of members of the household aged 18 and over, so far as is practicable, all the particulars specified in paragraph 1 except sub-paragraphs (d), (f) and (g).

Regulation 26

SCHEDULE 5 Matters to be taken into account when assessing the suitability of a connected person to care for C

1.  In respect of the connected person—

(a) the nature and quality of any existing relationship with C;

(b) their capacity to care for children and in particular in relation to C to—

(i) provide for C’s physical and emotional needs and ensure that C will have appropriate medical and dental care,

(ii) protect C adequately from harm or danger including from any person who presents a risk of harm to C,

(iii) ensure that the accommodation and home environment is suitable with regard to the age and developmental stage of C,

(iv) promote C’s learning and development, and

(v) provide a stable family environment which will promote secure attachments for C, including the promotion of positive contact with P and other connected persons, unless to do so is not consistent with the duty to safeguard and promote C’s well-being;

(c) their state of health, including current state of physical, emotional and mental health and medical history including any current or past issues of domestic violence, substance misuse or mental health problems;

(d) their family relationships and the composition of their household, including particulars of—

(i) the identity of all other members of the household, including their age and the nature of their relationship with the connected person and with each other, including any sexual relationship,

(ii) any relationship with any person who is a parent of C,

(iii) any relationship between C and other members of the household,

(iv) other adults not being members of the household who are likely to have regular contact with C, and

(v) any current or previous domestic violence between members of the household, including the connected person;

(e) their family history, including—

(i) particulars of their childhood and upbringing, including the strengths and difficulties of their parents and other persons who cared for them,

(ii) their relationships with their parents and siblings, and their relationships with each other,

(iii) their educational achievement and any specific learning difficulty or disability,

(iv) a chronology of significant life events, and

(v) particulars of other relatives and their relationships with C and the connected person;

(f) particulars of any criminal offences of which they have been convicted or in respect of which they have been cautioned;

(g) their past and present employment and other sources of income; and

(h) the nature of the neighbourhood in which their home is situated and resources available in the community to support C and the connected person.

2.  In respect of members of the household aged 18 and over, so far as is practicable, all the particulars specified in paragraph 1 except sub-paragraphs (e), (f) and (g).

Regulation 29

SCHEDULE 6 Agreement with an independent fostering agency relating to the discharge of the responsible authority’s functions

1.  The agreement must contain the following information—

(a) the services to be provided to the responsible authority by the registered person,

(b) the arrangements for the selection by the responsible authority of F from those approved by the registered person,

(c) a requirement for the registered person to submit reports to the responsible authority on any placements as may be required by the responsible authority, and

(d) the arrangements for the termination of the agreement.

2.  Where the agreement relates to a particular child, it must also contain the following information—

(a) F’s details,

(b) details of any services that C is to receive and whether the services are to be provided by the responsible authority or by the registered person,

(c) the terms (including as to payment) of the proposed placement agreement,

(d) the arrangements for record keeping about C and for the return of records at the end of the placement,

(e) a requirement for the registered person to notify the responsible authority immediately in the event of concerns about the placement, and

(f) whether and on what basis other children may be placed with F.

Regulation 30

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.  In respect of the accommodation, the—

(a) facilities and services provided,

(b) state of repair,

(c) safety,

(d) location,

(e) support,

(f) tenancy status, and

(g) the financial commitments involved for C and their affordability.

2.  In respect of C, C’s—

(a) views about the accommodation,

(b) understanding of their rights and responsibilities in relation to the accommodation, and

(c) understanding of the funding arrangements.

Regulation 41

SCHEDULE 8 Considerations to which the responsible authority must have regard when reviewing C’s case

1.  The effect of any change in C’s circumstances since the last review, in particular of any change made by the responsible authority to the C’s care and support plan, whether decisions taken at the last review have been successfully implemented, and if not, the reasons for that.

2.  Whether the responsible authority should seek any change in C’s legal status.

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

4.  The arrangements for contact and whether there is any need for changes to the arrangements in order to promote contact between C and P, or between C and other connected persons.

5.  Whether C’s placement continues to be the most appropriate available, and whether any change to the placement plan or any other aspects of the arrangements made to provide C with accommodation is, or is likely to become, necessary or desirable before the next review of C’s case.

6.  Whether C’s placement safeguards and promotes C’s well-being, and whether any safeguarding concerns have been raised.

7.  C’s educational needs, progress and development and whether any change to the arrangements for C’s education and training is, or is likely to become, necessary or desirable to meet C’s particular needs and to promote C’s educational achievement before the next review of C’s case, having regard to the advice of any person who provides C with education or training, in particular the designated person of any school at which C is a registered pupil.

8.  C’s leisure interests.

9.  The report of the most recent assessment of C’s state of health obtained in accordance with regulation 7 and whether any change to the arrangements for C’s health care is, or is likely to become, necessary or desirable before the next review of C’s case, having regard to the advice of any health care professional received since the date of that report, in particular C’s general practitioner.

10.  Whether C’s needs related to C’s identity are being met and whether any particular change is required, having regard to C’s religious persuasion, racial origin, sexual orientation, and cultural and linguistic background.

11.  Whether the arrangements made in accordance with regulation 34 continue to be appropriate and understood by C.

12.  Whether any arrangements need to be made for the time when C will no longer be looked after by the responsible authority.

13.  C’s wishes and feelings, and the views of the IRO, about any aspect of the case and in particular about any changes the responsible authority has made since the last review or proposes to make to C’s care and support plan.

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

15.  Where C is a category 1 young person who has been placed with a local authority foster parent, ascertain whether C and F intend to make a post-18 living arrangement.

16.  If paragraph 15 applies and if C wishes to make such an arrangement but F does not, consider whether C should be placed with a different local authority foster parent in order to facilitate the making of such an arrangement when C ceases to be looked after.

17.  Where C falls within regulation 5(1)(f), whether C’s needs as a result of that status are being met.

Regulation 51

SCHEDULE 9 Matters to be dealt with in the pathway plan

1.  The name of C’s personal adviser.

2.  The nature and level of contact and personal support to be provided to C, and by whom.

3.  Details of the accommodation C is to occupy when C ceases to be looked after.

4.  Where C wishes to make a post-18 living arrangement, details of the advice and support the responsible authority will provide to facilitate and support C in the making of such an arrangement.

5.  The plan for C’s continuing education or training when C ceases to be looked after.

6.  How the responsible authority will assist C in obtaining employment or other purposeful activity or occupation.

7.  The support to be provided to enable C to develop and sustain appropriate family and social relationships.

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

9.  The financial support to be provided to enable C to meet accommodation and maintenance costs.

10.  C’s health care needs, including any physical, emotional or mental health needs and how they are to be met when C ceases to be looked after.

11.  The responsible authority’s contingency plans for action to be taken in the event that the pathway plan ceases to be effective for any reason.

Regulations 5 and 58

SCHEDULE 10 Matters to be dealt with in the detention placement plan

1.  How on a day to day basis C will be cared for and how C’s well-being will be safeguarded and promoted by the staff of the prison, YDA or premises in which C is required to reside.

2.  Any arrangements for contact between C and any parent of C’s or any person who is not C’s parent but who has parental responsibility for C, and between C and any other connected person including, if appropriate—

(a) the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C’s well-being,

(b) if C is not in the care of the responsible authority, details of any order made under section 8 of the 1989 Act,

(c) the arrangements for notifying any changes in the arrangements for contact.

3.  The arrangements made for R to visit C in accordance with Part 5, the frequency of such visits and the arrangements made for advice and other support to be available to C between visits in accordance with regulation 34.

4.  If an independent visitor is appointed, the arrangements made for them to visit C.

5.  The arrangements made by the staff of the prison, YDA or premises in which C is required to reside for C’s health (including physical, emotional and mental health) and dental care.

6.  The arrangements made by the staff of the prison, YDA or premises in which C is required to reside for C’s education and training including—

(a) the name and address of any educational or training institution C was attending, or any other person providing C with education or training, immediately before C’s remand or detention,

(b) where C has a statement of special educational needs, details of the local authority (or local authority in England) that maintains the statement.

7.  C’s personal history, religious persuasion, cultural and linguistic background, sexual orientation, and racial origin, and the arrangement put in place by the staff of the prison, YDA or premises in which C is required to reside for meeting the needs relating to C’s identity.

8.  The arrangements put in place by the staff of the prison, YDA or premises in which C is required to reside for supporting C to develop self-care skills.

9.  The name and contact details of—

(a) the IRO,

(b) C’s independent visitor (if one is appointed),

(c) R,

(d) if C is a category 1 young person, the personal advisor appointed for C.

10.  Details of how C’s well-being should be adequately safeguarded and promoted when C ceases to be remanded to YDA or detained, in particular—

(a) whether C will be provided with accommodation by the responsible authority or another local authority or a local authority in England, and

(b) whether any other services should be provided by the responsible authority or by another local authority under the 2014 Act, or a local authority in England in exercise of its duties under the 1989 Act.

Regulation 65

SCHEDULE 11 Revocations

The Regulations set out in the Table are revoked to the extent specified—

Regulations revoked	Series number	Extent of revocation
Contact with Children Regulations 1991	S.I. 1991/891	The whole Regulations
Definition of Independent Visitors (Children) Regulations 1991	S.I. 1991/892	The whole Regulations
Placement of Children with Parents etc Regulations 1991	S.I. 1991/893	The whole Regulations
Children (Short-term Placements) (Miscellaneous Amendments) Regulations 1995	S.I. 1995/2015	The whole Regulations*
		(* regulation 2 has already been revoked in relation to Wales)