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

Application of these Regulations with modifications to short breaks E+W

62.—(1) In the circumstances set out in paragraph (2), these Regulations apply with the modifications set out in paragraph (3).

(2) The circumstances are that—

(a) C is not in the care of the responsible authority,

(b) the responsible authority has arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and

(c) the arrangement is such that—

(i) no single placement is intended to last for more than 4 weeks,

(ii) at the end of each such placement C returns to the care of C's parent or a person who is not C's parent but who has parental responsibility for C, and

(iii) the short breaks do not exceed 120 days in total in any period of 12 months.

(3) The modifications are that—

(a) regulations 5 and 10 do not apply, but instead the care and support plan must set out the arrangements that have been made to meet C's needs, with particular regard to—

(i) C's health and emotional and behavioural development, in particular in relation to any disability M1 C may have,

(ii) promoting contact between C and C's parents and any other person who is not C's parent but who has parental responsibility for C, during any period when C is placed,

(iii) C's leisure interests, and

(iv) promoting C's educational achievement,

and must include the name and address of C's registered medical practitioner, and the information set out in paragraph 3 of Schedule 3, where appropriate,

(b) regulations 7, 14 and 63(2)(b) do not apply,

(c) regulation 31(2) does not apply, but instead the responsible authority must ensure that R visits C on days when C is in fact placed, at regular intervals to be agreed with the IRO and C's parents (or any person who is not C's parent but who has parental responsibility for C) and recorded in the care and support plan before the start of the first placement and in any event—

(i) the first visit must take place within the first 7 placement days of the start of the first placement, or as soon as practicable thereafter, and

(ii) subsequent visits at intervals of not more than 6 months, for as long as the short breaks continue,

(d) regulation 39 does not apply, but instead—

(i) the responsible authority must first review C's case within 3 months of the start of the first placement, and

(ii) the second and subsequent reviews must be carried out at intervals of not more than 6 months.

Marginal Citations

M1 “Disabled” and “disability” are defined in accordance with section 3 of the 2014 Act.