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

PART 2 E+W Arrangements for looking after a child

Care planning E+W

4.—(1) Where C is not in the care of the responsible authority and a care and support plan for C has not already been prepared, the responsible authority must assess C's needs for services to achieve or maintain a reasonable standard of health or development, and prepare such a plan M1 .

(2) Where C has a care and support plan prepared in accordance with section 54 of the 2014 Act, the responsible authority must take the information recorded in that plan into account in its assessment under paragraph (1).

(3) Except in the case of a child to whom section 31A of the 1989 Act (care orders: care plans) applies M2 , the care and support plan must be prepared before C is first placed by the responsible authority or, if it is not practicable to do so, within 10 working days of the start of the first placement.

(4) When assessing C's needs under paragraph (1), the responsible authority must consider whether the accommodation provided for C meets the requirements of Part 6 of the 2014 Act.

(5) Unless paragraph (6) applies, the care and support plan should, so far as is reasonably practicable, be agreed by the responsible authority with—

(a) any parent of C's and any person who is not C's parent but who has parental responsibility for C, or

(b) if there is no such person, the person who was caring for C immediately before the responsible authority arranged a placement for C.

(6) Where C is aged 16 or over and agrees to be provided with accommodation under section 76 of the 2014 Act, the care and support plan must be agreed with C by the responsible authority.

(7) Where a care and support plan prepared in accordance with this Part satisfies the requirements for a care plan required by section 31A of the 1989 Act, it may be treated as a “section 31A plan”.

(8) Where C was first placed by the responsible authority before 6 April 2016 the care and support plan must be prepared as soon as reasonably practicable.

Marginal Citations

M1 This includes a plan prepared under section 31A of the 1989 Act.

M2 In the case of a child to whom section 31A applies, the court will set the timetable within which the care plan must be prepared.

Preparation and content of the care and support plan E+W

5.—(1) The care and support plan must include a record of the following information—

(a) the long term plan for C's upbringing (“the plan for permanence”);

(b) the arrangements made by the responsible authority to meet C's needs in relation to—

(i) health, including the information set out in paragraph 1 of Schedule 2 (“the health plan”),

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) emotional and behavioural development,

(iv) identity, with particular regard to C's religious persuasion, racial origin, sexual orientation, and cultural and linguistic background,

(v) family and social relationships and in particular the information set out in paragraph 3 of Schedule 2,

(vi) social presentation, and

(vii) self-care skills;

(c) except in a case where C is in the care of the responsible authority but is not provided with accommodation by it by any of the means referred to in section 81 of the 2014 Act, details of the arrangements made and accommodation provided for C (“the placement plan”);

(d) the name of the IRO;

(e) details of the views, wishes and feelings of those persons ascertained and considered by the responsible authority in accordance with sections 6(2) and (4), 7(2) and 78(3) of the 2014 Act about the arrangements referred to in sub-paragraph (b), the placement plan and any change, or proposed change in the care and support plan;

(f) where C is—

(i) a victim, or there is reason to believe C may be a victim, of trafficking in human beings within the meaning of the Council of Europe Convention on Action against Trafficking in Human Beings,

(ii) an unaccompanied asylum seeking child within the meaning of the Immigration Rules and has applied, or has indicated to the responsible authority an intention to apply, for asylum and has not been granted indefinite leave to remain,

that fact.

[F2 (1A) The personal education plan (see section 83(2A) to (2D) of the 2014 Act) must include the information set out in paragraph 2 of Schedule 2.]

(2) In this regulation, “Immigration Rules” (“Rheolau Mewnfudo”) means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the Immigration Act 1971 M3 .

Textual Amendments

F1 Reg. 5(1)(b)(ii) omitted (1.9.2021) by virtue of The Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021 (S.I. 2021/860), regs. 1, 6(a)

F2 Reg. 5(1A) inserted (1.9.2021) by The Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021 (S.I. 2021/860), regs. 1, 6(b)

Marginal Citations

M3 1981 c. 77.

6.—(1) The responsible authority must keep C's care and support plan under review in accordance with Part 6 and, if it is of the opinion some change is required, it must revise the plan or make a new plan accordingly.

(2) Unless otherwise provided in these Regulations, the responsible authority must not make any significant change to the care and support plan unless the proposed change has first been considered at a review of C's case, undertaken in accordance with Part 6.

(3) Subject to paragraph (4), the responsible authority must give a copy of the care and support plan—

(a) to C, unless, in the opinion of the responsible authority, it would not be appropriate to do so having regard to C's age and understanding,

(b) to P,

(c) to the IRO,

(d) where C is to be placed, or is placed, with F, to the fostering service provider that approved F, in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011,

(e) where C is to be placed, or is placed, in a children's home, to the person who is registered under Part 2 of the Care Standards Act 2000 [F3 or the person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016] in respect of that home, and

(f) where C is to be placed, or is placed, in accordance with other arrangements under section 81(6)(d) of the 2014 Act, to the person who will be responsible for C at the accommodation.

(4) The responsible authority may decide not to give a copy of the care and support plan, or a full copy of the care and support plan, to P if it considers to do so would put C at risk of harm M4 .

Textual Amendments

F3 Words in reg. 6(3)(e) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 35(3)

Marginal Citations

M4 “Harm” is defined in section 197(1) of the 2014 Act.

Health care E+W

7.—(1) Before C is first placed by it or, if that is not reasonably practicable, before the first review of C's case, the responsible authority must make arrangements for a registered medical practitioner or a registered nurse to—

(a) carry out an assessment of C's state of health, which may include a physical examination, and

(b) provide a written report of the assessment, addressing the matters specified in paragraph 1 of Schedule 2 with particular reference to C's state of mental health,

as soon as reasonably practicable.

(2) Paragraph (1) does not apply if, within a period of 3 months immediately preceding the placement, an assessment of C's state of health has been carried out and the responsible authority has obtained a written report that meets the requirements of that paragraph and it is satisfied that no significant changes have occurred within the period since the assessment was made.

(3) The responsible authority must make arrangements for a registered medical practitioner or a registered nurse or a registered midwife acting under the supervision of a registered medical practitioner to review C's state of health and provide a written report of each review, addressing the matters specified in paragraph 1 of Schedule 2 with particular reference to C's state of mental health—

(a) at least once, and more frequently if C's well-being requires it, in every period of 6 months before C's fifth birthday, and

(b) at least once, and more frequently if C's well-being requires it, in every period of twelve months after C's fifth birthday.

(4) Paragraphs (1) and (3) do not apply if C refuses consent to the assessment, being of sufficient age and understanding to do so.

(5) The responsible authority must take all reasonable steps to ensure that C is provided with appropriate health care services, in accordance with the health plan, including—

(a) medical and dental care and treatment, and

(b) advice and guidance on health, personal care and health promotion issues.

(6) The responsible authority must ensure that C is—

(a) registered with a general practitioner as soon as practicable and in any event not later than 10 working days after the placement is made; and

(b) under the care of a registered dental practitioner as soon as practicable and in any event not later than 20 working days after the placement is made.

(7) The responsible authority must ensure as far as practicable, that C continues to be registered with a general practitioner and under the care of a registered dental practitioner, throughout the duration of the placement.

(8) Where C was first placed by the responsible authority before 6 April 2016 and paragraph (2) does not apply, and no assessment of C's health has taken place or C has not been registered with a general practitioner or placed under the care of a registered dental practitioner, this regulation applies as if that placement had been made on 6 April 2016.

Contact with a child in care E+W

8.  When considering whether contact between C and any of the persons mentioned in paragraphs (a) to (d) of section 34(1) of the 1989 Act is consistent with safeguarding and promoting C's well-being, the responsible authority must have regard to C's care and support plan.

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 M5 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.

Marginal Citations

M5 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).