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The Representations Procedure (Children) (Wales) Regulations 2005

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Local Resolution

15.—(1) The local authority must take all reasonable steps to resolve the representations as soon as is reasonably practicable and subject to paragraphs (2) and (4), within 10 working days beginning—

(a)in the case of representations falling within section 26(3)(e), on the date on which the local authority decide the complainant has a sufficient interest to warrant the representations being considered;

(b)in any other case, on the date on which the representations were received by the local authority.

(2) The period referred to in paragraph (1) may be extended upon request by the complainant or with the complaint’s agreement by up to a further 10 working days.

(3) The procedure followed by the local authority in trying to resolve matters under paragraph (1) need not involve an independent person.

(4) Where a complainant has requested an advocate the local authority may extend the period specified in paragraph (1) by up to a further 10 working days to enable an advocate to be appointed provided that—

(a)the local authority notify the complainant of the extension;

(b)the local authority notify the complainant of—

(i)the steps taken to date to arrange an advocate; and

(ii)the complainant’s right to have the representations considered without involvement of an advocate.

(5) For the purposes of paragraph (1), the local authority may in any case where it would be appropriate to do so, and with the agreement of the complainant, make arrangements for conciliation, mediation or other assistance for the purposes of resolving the representation.

(6) Where the representation is resolved under paragraph (1), the local authority must confirm in writing to the complainant the agreed resolution.

(7) Where the representations have not been resolved within 20 working days, the local authority must, as soon as practicable, notify the complainant in writing of:

(a)the complaint’s right to request that the representations be formally considered;

(b)the procedure for requesting such further consideration; and

(c)the date by which such a request must be made having regard to the provisions of paragraph (8).

(8) The complainant may request orally or in writing that the representations be formally considered under regulation 16 at any time within 30 working days of the date on which the representations were first made.

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