2015 No. 1823 (W. 265)
The Visits to Children in Detention (Wales) Regulations 2015
Made
Laid before the National Assembly for Wales
Coming into force
Title, commencement and application1
1
The title of these Regulations is the Visits to Children in Detention (Wales) Regulations 2015 and they come into force on 6 April 2016.
2
These Regulations apply in relation to Wales.
Interpretation2
1
In these Regulations—
“the 1989 Act” (“Deddf 1989”) means the Children Act 19893;
“the 2012 Act” (“Deddf 2012”) means the Legal Aid, Sentencing and Punishment of Offenders Act 20124;
“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014;
“A” (“A”) means a child—
- a
who was looked after by a local authority but has ceased to be looked after5 by it as a result of the circumstances prescribed in regulation 3, or
- b
subject to regulation 2(2), a child who falls within a category specified in regulation 4;
- a
“institution” (“sefydliad”) means youth detention accommodation6 or prison7;
“R” (“R”) means the representative of the responsible authority who is appointed to visit A in accordance with the arrangements made by it under section 97 of the 2014 Act;
“relevant youth offending team case manager” (“rheolwr achos tîm troseddwyr ifanc perthnasol”) means the person within the responsible local authority’s youth offending team8 who is managing A’s case;
“responsible local authority” (“awdurdod lleol cyfrifol”) means—
- a
where A falls within regulation 3, the local authority which looked after A immediately prior to A being detained,
- b
where A falls within regulation 4—
- i
where A is ordinarily resident in Wales, the local authority for the area in which A is ordinarily resident, and
- ii
in any other case, the local authority for the area in which the institution in which A is detained, or the premises in which A is required to live, are situate;
- i
- a
“working day” (“diwrnod gwaith”) means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday within the meaning of the Banking and Financial Dealings Act 19719;
“youth offending team” (“tîm troseddwyr ifanc”) has the meaning given in section 39(1) of the Crime and Disorder Act 1998.
2
These Regulations do not apply to a child who is—
a
in the care of a local authority in Wales10;
b
in the care of a local authority in England11;
c
a category 2 young person12;
d
a relevant child for the purposes of section 23A of the 1989 Act13; or
e
a former looked after child who, having been convicted of an offence by a court, is detained in youth detention accommodation or in prison, or is residing in approved premises and, immediately before being convicted, was provided with accommodation by a local authority in England under section 20 of the 1989 Act14.
Circumstances specified for the purposes of section 97(1)(b) of the 2014 Act3
The circumstances prescribed for the purposes of section 97(1)(b) of the 2014 Act15 are that a child, having been convicted of an offence by a court, is—
b
is residing in approved premises18.
Categories specified for the purposes of section 97(1)(c) of the 2014 Act4
1
The following categories are specified for the purposes of section 97(1)(c) of the 2014 Act—
a
a child who is ordinarily resident19 in Wales who, having been convicted of an offence by a court, is—
i
detained in youth detention accommodation or in prison, or
ii
residing in approved premises; and
b
a child who, having been convicted of an offence by a court, is—
i
detained in youth detention accommodation or in prison in Wales, or
ii
residing in approved premises in Wales.
2
Paragraph (1) does not apply in relation to a child who falls within a description set out in sub-paragraphs (a) to (e) of regulation 2(2).
Local authority specified for the purposes of section 97(2) of the 2014 Act5
1
Paragraph (2) specifies, in accordance with section 97(2) of the 2014 Act, the local authority which must discharge the duties imposed by section 97 of the 2014 Act or under these Regulations in relation to a child who falls within a category specified in regulation 4.
2
Where a child falls within a category specified in—
a
regulation 4(1)(a), the local authority in which the child is ordinarily resident20;
b
regulation 4(1)(b), the local authority in whose area the youth detention accommodation, prison, or approved premises is situate.
Frequency of visits6
1
The responsible local authority must ensure that R visits A—
a
within 10 working days of A first being detained, in so far as is reasonably practicable; and
b
thereafter whenever reasonably requested to do so by—
i
A,
ii
a member of the staff of the institution where A is detained or the approved premises where A is residing,
iii
any parent of, or any other person with parental responsibility for, A, or
iv
the relevant youth offending team case manager.
2
The responsible local authority may arrange for R to make additional visits to A, having regard to any recommendation made by R in accordance with regulation 8(1)(b).
Conduct of visits7
On each visit, R must speak to A in private unless—
a
A, being of sufficient age and understanding to do so, refuses,
b
R considers it inappropriate to do so, having regard to A’s age and understanding, or
c
R is unable to do so.
Reports of visits8
1
R must provide a written report of each visit which must include—
a
R’s assessment, having regard to A’s views, wishes and feelings, as to whether A’s well-being is being adequately safeguarded and promoted whilst in detention or residing in approved premises,
b
R’s recommendations as to the timing and frequency of any further visits by R,
c
any other arrangements which R considers should be put in place with a view to promoting contact between A and A’s family or in order to safeguard and promote A’s well-being,
d
R’s assessment as to how A’s well-being should be adequately safeguarded and promoted following release from detention, or the requirement to reside in approved premises is removed, in particular—
i
whether A will need to be provided with accommodation by the responsible local authority, another local authority or a local authority in England, and
ii
whether any other services should be provided by the responsible local authority or another local authority in the exercise of their duties under the 2014 Act or the 1989 Act, or a local authority in England under the 1989 Act.
2
R must, in making any assessment under paragraph (1), unless it is not reasonably practicable to do so or it is not consistent with A’s well-being, take into account the views of—
a
any parent of, or any other person with parental responsibility for, A, and
b
appropriate members of staff of the institution where A is detained, or the approved premises in which A is residing.
3
The responsible local authority must give a copy of the report to—
a
A, unless it would not be appropriate to do so,
b
a person falling within paragraph (2)(a), unless to do so would not be in A’s best interests,
c
the governor, director or registered manager21 of the institution where A is being detained or the person responsible for the approved premises in which A is residing,
d
the relevant youth offending team case manager,
e
where different from the responsible local authority, the local authority in whose area A is detained, and
f
any other person whom the responsible local authority considers should be given a copy of the report having regard to R’s assessment.
Advice and other support9
When making arrangements in accordance with section 97(3)(b) of the 2014 Act for appropriate advice and other support to be available to A, the responsible local authority must ensure that—
a
the arrangements—
i
are appropriate having regard to A’s age and understanding, and
ii
give due consideration to A’s religious persuasion, racial origin, cultural and linguistic background and to any disability22 A may have, and
b
so far as is reasonably practicable having regard to A’s age and understanding, A knows how to seek appropriate advice and other support from it as the responsible local authority
(This note is not part of the Regulations)