The Child’s Plan (Scotland) Order 2016

Review of a child’s plan

7.—(1) A child’s plan is to be reviewed in accordance with this article.

(2) Subject to paragraphs (3) to (10) of this article, the managing authority of a child’s plan is to arrange a review of the plan—

(a) within a period of 12 weeks, beginning with the date on which each of the following occurs—

(i) the plan is prepared under section 35 of the Act;

(ii) management of the plan is transferred under section 39(5)(b) of the Act; or

(iii) a local authority becomes the managing authority of a plan in accordance with article 5; and

(b) thereafter, at intervals which have been agreed between the managing authority, the child and the child’s parents.

(3) Where agreement as mentioned in paragraph (2)(b) cannot be reached, the managing authority is to arrange a review of the plan to take place at least once within each successive period of 12 months, beginning with the date on which the plan was last reviewed.

(4) Despite the terms of paragraphs (2) and (3), the managing authority of a child’s plan is to arrange a review of a child’s plan if it considers, having regard to the matters specified in section 39(1) of the Act, that the plan may require to be amended, transferred or ended before the date on which it would otherwise be reviewed by virtue of this article.

(5) The duty in paragraph (4) is to be exercised as soon as reasonably practicable after the managing authority becomes aware of the matter which may require the plan to be amended, transferred or ended.

(6) The following persons may at any time request that the managing authority of a child’s plan consider arranging a review of the plan—

(a) the child;

(b) the child’s parents.

(7) Where a request is made in accordance with paragraph (6), the managing authority is to consider, having regard to the matters specified in section 39(1) of the Act, whether the plan may require to be amended, transferred or ended before the date on which it would otherwise be reviewed by virtue of this article.

(8) Where the managing authority, on considering the matters specified in paragraph (7), is of the view that the child’s plan may require to be amended, transferred or ended, the managing authority is to arrange a review of the plan as soon as reasonably practicable.

(9) Despite the terms of paragraphs (2) and (3), where—

(a) the child is a looked after child, and a review of the child’s case is to be carried out in accordance with regulation 44 or, as the case may be, 45 of the 2009 Regulations;

(b) the child has a co-ordinated support plan, and a review of that plan is to be carried out under section 10(1) of the 2004 Act;

(c) the 2003 Regulations apply to the child, and a review of the pathway plan relating to the child is to be carried out in accordance with regulation 12 of those Regulations; or

(d) a review of any plan as mentioned in article 3(2)(b)(iv) is to be carried out,

the managing authority is to consider, having regard to the matters specified in section 39(1) of the Act, whether the child’s plan may require to be amended, transferred or ended following any such review.

(10) Where the managing authority considers, in accordance with paragraph (9), that the child’s plan may require to be amended, transferred or ended, it is to arrange a review of the child’s plan to take place on the same day as the review mentioned in paragraph (9), or as soon as reasonably practicable after that date.

(1)

Section 10 was amended by section 1(4) of the Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7).