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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Review of Children's Cases (Wales) Regulations 2007 No. 307 (W.26) URL: http://www.bailii.org/wales/legis/num_reg/2007/20070307e.html |
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Made | 6 February 2007 | ||
Coming into force | 1 July 2007 |
1. | Title, commencement, interpretation and application |
2. | Duty to review children's cases |
3. | Independent reviewing officers |
4. | Time when each case is to be reviewed |
5. | Manner in which cases are to be reviewed |
6. | Considerations to which responsible authorities are to have regard |
7. | Health reviews |
8. | Consultation, participation and notification |
9. | Arrangements for implementation of decisions arising out of reviews and notification to independent reviewing officer |
10. | Monitoring arrangements for reviews |
11. | Recording review information |
12. | Application of Regulations to short periods |
13. | Transitional provisions |
14. | Exceptions to application of the Regulations |
15. | Revocation |
1. | Elements to be included in review |
2. | Considerations to which responsible authorities are to have regard |
3. | Health considrations to which authorities are to have regard |
(3) Any notice required under these Regulations is to be given in writing and may be sent by post.
(4) In these Regulations, unless the context otherwise requires—
(5) These Regulations apply in relation to Wales.
Duty to review children's cases
2.
Each responsible authority must review in accordance with these Regulations the case of each child while he or she is being looked after or provided with accommodation by them.
Independent Reviewing Officers
3.
—(1) Each responsible authority must appoint a person ("the independent reviewing officer") in respect of each case to carry out the following functions—
(2) The independent reviewing officer must have significant experience in social work and hold a Diploma in Social Work or a Social Work Degree or an equivalent qualification recognised by the Care Council for Wales[7].
(3) The independent reviewing officer must be registered as a social worker in a register maintained by the Care Council for Wales or by the General Social Care Council, under section 56 of the Care Standards Act 2000[8] or in a corresponding register maintained under the law of Scotland or Northern Ireland.
(4) Where an independent reviewing officer carries out functions under these regulations in Wales and is registered as a social worker in a register other than that maintained by the Care Council for Wales, he or she must register as a social worker with the Care Council for Wales for the period in which he or she carries out those functions.
(5) Where the independent reviewing officer is an employee of the responsible authority the independent reviewing officer's post within that authority must not be under the direct management of—
(6) The independent reviewing officer must as far as reasonably practicable chair any meeting held to consider the child's case in connection with the review of that case.
(7) The independent reviewing officer must, as far as reasonably practicable, take steps to ensure that the review is conducted in accordance with these Regulations and in particular to ensure—
(8) In the case of a child who wishes to take proceedings under the Act, for example to apply to the court for contact or for a discharge of a care order, it is the function of the independent reviewing officer—
Time when each case to be reviewed
4.
—(1) Each case must first be reviewed within four weeks of the date on which the child begins to be looked after or provided with accommodation by the responsible authority.
(2) The second review must be carried out no more than three months after the first and thereafter subsequent reviews must be carried out no more than six months after the date of the previous review.
(3) Nothing in this regulation prevents the responsible authority from reviewing the case before the time specified in paragraph (1) or (2) and, in particular, they must do so if the independent reviewing officer so directs.
(4) This regulation is subject to regulation 12 (application of regulations to short periods).
Manner in which cases are to be reviewed
5.
—(1) Each responsible authority must set out in writing their arrangements governing the manner in which the case of each child is to be reviewed and must draw the written arrangements to the attention of those specified in regulation 8(1).
(2) The responsible authority which is looking after or providing accommodation for a child must make arrangements to co-ordinate the carrying out of all aspects of the review of that child's case.
(3) The responsible authority must appoint one of their officers to assist the authority in the co-ordination of all the aspects of the review.
(4) The manner in which each case is reviewed must, so far as practicable, include the elements specified in Schedule 1.
(5) Nothing in these Regulations must prevent the carrying out of any review under these Regulations and any other review, assessment or consideration under any other provision at the same time.
Considerations to which responsible authorities are to have regard
6.
The considerations to which the responsible authority are to have regard so far as is reasonably practicable in reviewing each case are the general considerations specified in Schedule 2 and the considerations concerning the health of the child specified in Schedule 3.
Health reviews
7.
—(1) Subject to paragraph (5), the responsible authority must, in respect of each child who continues to be looked after or provided with accommodation by them, make arrangements for a registered medical practitioner or a registered nurse, to conduct an assessment, which may include a physical examination, of the child's state of health—
(2) The responsible authority must require the person who carried out the assessment under paragraph (1) to prepare a written report which addresses the matters listed in Schedule 3, with particular reference to the child's state of mental health.
(3) The responsible authority must review the plan for the future health of the child prepared in accordance with regulation 8(1)(d) of the Placement of Children (Wales) Regulations 2007[9] at the intervals set out in sub-paragraphs (a) and (b) of paragraph (1).
(4) The reference in paragraph (3) to a plan for the future health of the child includes a plan prepared in accordance with regulation 7(1)(c) of the Arrangements for Placement of Children (General) Regulations 1991[10]
(5) Paragraph (1) does not apply if the child, being of sufficient understanding to do so, refuses to consent to the assessment.
Consultation, participation and notification
8.
—(1) Before conducting any review the responsible authority must, unless it is not reasonably practicable to do so, seek and take into account the views of—
Arrangements for implementation of decisions arising out of reviews and notification to independent reviewing officer
9.
—(1) The responsible authority must make and carry out arrangements themselves or with other persons to implement any decision which the authority propose to make in the course, or as a result of, the review of a child's case.
(2) The responsible authority must inform the independent reviewing officer of—
Monitoring arrangements for reviews
10.
Each responsible authority must monitor the arrangements which they have made with a view to ensuring that they comply with these Regulations.
Recording review information
11.
Each responsible authority must ensure that—
are recorded in writing.
Application of Regulations to short periods
12.
—(1) This regulation applies to cases in which a responsible authority has arranged that a child should be looked after or provided with accommodation for a series of short periods at the same place and the arrangement is such that no single period is to last for more than four weeks and the total duration of the periods is not to exceed 120 days in any period of 12 months.
(2) Regulation 4 does not apply to a case to which this regulation applies, but instead—
(3) For the purposes of regulation 7, a child must be treated as continuing to be looked after or provided with accommodation throughout the period that this regulation applies to his or her case.
Transitional Provisions
13.
—(1) Where immediately before 1 July 2007 a child is being accommodated by a local authority, a voluntary organisation or in a private children's home, these Regulations will have effect subject to the following provisions of this regulation.
(2) Where a child has been accommodated by a local authority, voluntary organisation or in a private children's home before 1 July 2007 and there has not been a review of their case, or where a review is overdue under the provisions of the Review of Children's Cases Regulations 1991[11], that child's case must be reviewed not later than four weeks from 1 July 2007 and subsequent reviews must take place in accordance with regulation 4(2) or 12(2) as the case may be.
(3) Where regulation 4 applies, and a child has been accommodated by a local authority, voluntary organisation or in a private children's home before 1 July 2007 and there has been a review of the case before that date, the next review of the child's case must be carried out—
in either case subsequent reviews must take place in accordance with regulation 4(2).
(4) Where regulation 12 applies, and a child has been accommodated by a local authority, voluntary organisation or in a private children's home before 1 July 2007 and there has been a review of the case before that date, the next review of the child's case must be carried out—
in either case subsequent reviews must take place in accordance with regulation 12(2).
Exceptions to application of Regulations
14.
—(1) These Regulations do not apply in the case of a child who is being provided with accommodation, otherwise than by a local authority or a voluntary organisation, in a school which is a children's home within the meaning of section 1(6) of the Care Standards Act 2000[12].
(2) These Regulations do not apply in the case of a child who is placed for adoption.
Revocation
15.
These Regulations revoke the Review of Children's Cases Regulations 1991 in relation to Wales[13].
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[14].
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 February 2007
6.
Making decisions or taking steps following review decisions arising out of or resulting from the review.
[2] The Children's Homes (Wales) Regulations 2002 (S.I.2002/327 (W.40)). The requirement to appoint a "link worker" is inserted in regulation 11 of the Children's Homes (Wales) Regulations by regulation 2(c) of the Children's Homes (Wales) (Amendment) Regulations 2007 (2007/311 (W.28)).back
[6] Established by the Nursing and Midwifery Council Order 2001 S.I. 2002/253 which came into force on 12 February 2002.back
[7] Established by section 54(1)(b) of the Care Standards Act 200 c.14.back
[8] Care Standards Act 2000 (c.14).back
[9] Placement of Children (Wales) Regulations 2007 (S.I.2007/310 (W.27).back
[10] The Arrangements for Placement of Children (General) Regulations 1991 (S.I. 1991/890) were revoked and re-enacted in relation to Wales on 1 July 2007 by the Placement of Children (Wales) Regulations 2007 S.I. 2007/310 (W.27).back
[16] 2007 S.I. 2007/310 (W.27).back
[17] 2007 (S.I. 2007/310 (W.27)).back
© Crown copyright 2007