The Integrated Family Support Teams (Review of Cases) (Wales) Regulations 2010

Welsh Statutory Instruments

2010 No. 1700 (W.161)

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

The Integrated Family Support Teams (Review of Cases) (Wales) Regulations 2010

Made

24 June 2010

Laid before the National Assembly for Wales

29 June 2010

Coming into force

1 September 2010

The Welsh Ministers, in exercise of the powers conferred by section 63(a) and 74(2) of the Children and Families (Wales) Measure 2010(1) and sections 26(1), (2), 104 (4), 104A (1) and (2) of the Children Act 1989(2) make the following regulations.

Citation, commencement, interpretation and application

1.—(1) The title of these Regulations is the Integrated Family Support Teams (Review of Cases) (Wales) Regulations 2010 and they come into force on 1 September 2010.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations—

• “a family” (“teulu”) means a family which has been referred by a local authority to its IFS team and whose members have been notified that they will be supported by the team;

• “IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a local authority with the participation of a local health board in accordance with s.57 of the 2010 Measure;

• “the Review Regulations” (“y rheoliadau Adolygu”) means the Review of Children’s Cases (Wales) Regulations 2007(3);

• “the 2010 Measure” (“Mesur 2010”) means the Children and Families (Wales) Measure 2010.

Duty to review cases

2.—(1) Subject to paragraph (2), a local authority must review the case of each family in accordance with these Regulations, for as long as the family is being supported by its IFS team.

(2) Where an IFS team is established jointly by more than one local authority, then the duty in paragraph (1) applies to the local authority in whose area the child lives and any temporary arrangements for the child to live away are to be disregarded for this purpose.

(3) The duty in paragraph (1) of this regulation does not apply in relation to the case of a family where one or more of the children in the family is being looked after or is being provided with accommodation by the local authority and that child’s case is (or those children’s cases are) subject to review under the Review of Regulations.

Time when each case is to be reviewed

3.—(1) Each case must first be reviewed within four weeks of the date on which the family are notified that their case will be supported by the IFS team.

(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 a local authority from reviewing the case before the time specified in paragraph (1) or (2).

Manner in which cases are to be reviewed

4.—(1) A local authority must set out in writing how the case of each family is to be reviewed and must make this available to the persons specified in regulation 6(1).

(2) A local authority whose IFS team is supporting a family must make arrangements to co-ordinate the carrying out of all aspects of the review.

(3) The local authority must appoint one of its officers to coordinate all the aspects of the review.

(4) The matters to be dealt with in each review must, so far as practicable, include the elements specified in Schedule 1.

(5) Nothing in these Regulations prevents 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 local authorities are to have regard

5.  The considerations to which, so far as is reasonably practicable, a local authority are to have regard in reviewing each case are the general considerations specified in Schedule 2.

Consultation, participation and notification

6.—(1) Before conducting any review a local authority must, unless it is not reasonably practicable to do so, seek and take into account the views of—

(a) the children of the family;

(b) the parents;

(c) any person who is not a parent of the child but who has parental responsibility for him or her;

(d) members of the IFS team; and

(e) any other person whose views the authority consider to be relevant;

in particular in relation to the matters which are to be dealt with in the course of the review.

(2) A local authority must so far as is reasonably practicable involve the persons whose views are sought under paragraph (1) in the review and, where the authority consider appropriate, invite them to attend all or part of it.

(3) A local authority must, so far as is reasonably practicable, make known the outcome of the review and of any decision taken by it in consequence of the review to—

(a) the children of the family;

(b) the parents;

(c) any person who is not a parent of the child but who has parental responsibility for him or her;

(d) the IFS team; and

(e) any other person whom the authority considers ought to be notified.

Arrangements for implementation of decisions arising from reviews

7.  A local authority must take all reasonable steps to implement any decision which it takes in consequence of a review, whether by making arrangements itself or by making arrangements with a local health board or with any other person.

Recording review information

8.  A local authority must make a written record of–

(a) information obtained for the purposes of a review;

(b) any meeting arranged by the authority in anticipation or in consequence of any aspect of the review of that case; and

(c) details of the outcome of the review and any decisions made by the authority in consequence of the review.

Amendments to the Review of Children’s Cases (Wales) Regulations 2007

9.—(1) In paragraph (2) of regulation 1 of the Review regulations (Title, commencement, interpretation and application) insert the following definition—

• “IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a local authority with the participation of a local health board in accordance with section 57 of the Children and Families (Wales) Measure 2010;”.

(2) In regulation 4 of the Review Regulations (Time when each case is to be reviewed), in paragraph (3) delete the words “the independent reviewing officer so directs” and insert the following subparagraphs–

“(a) the independent reviewing officer so directs, or,

(b) the child is included within a family whose case has been referred to an IFS team and the family has been notified their case will be supported by the team.”

(3) (a) After regulation 6 of the Review regulations, insert the following regulation—

“Additional considerations to which responsible authorities are to have regard where IFS team involved

6A.   The additional considerations to which responsible authorities are to have regard in reviewing the case of a child who is part of a family which is being supported by an IFS team are the considerations specified in Schedule 4.”

(b) Schedule 3 (which inserts a new Schedule 4 into the Review regulations) shall have effect.

(4) In regulation 8 of the Review regulations (Consultation, notification and participation), in paragraph (1), at the end of subparagraph (d) delete the word “and” and add the following subparagraph—

“(dd) in the case of a child whose family is being supported by an IFS team, a member of that team; and”.

(5) In regulation 8 of the Review regulations, in paragraph (3), at the end of subparagraph (d), delete the word “and” and add the following subparagraph —

“(dd) in the case of a child whose family is being supported by an IFS team, a member of that team; and”.

Gwenda Thomas

Deputy Minister for Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers

24 June 2010

Regulation 4(4)

SCHEDULE 1 Matters to be dealt with in case review

1.  Any change of circumstances of any children or adults in the family.

2.  The effectiveness of the plan to address the needs of the child, whether in relation to health needs or social, emotional or behavioural needs.

3.  The effectiveness of plans to address the needs of adults whether in relation to health needs or social care needs.

4.  The views of the adults and children in the family.

5.  Whether the plans for the child(ren) or adult(s) should be adapted to better support each other.

Regulation 5

SCHEDULE 2 Considerations to which local authorities are to have regard

PART 1 The child

1.  Any change in the legal status of the child.

2.  Any risks to the child.

3.  Whether the current arrangements for the care of the child are satisfactory.

4.  The child’s developmental progress and whether there is a need for the child to be the subject of any further assessment in relation to health, social, emotional, behavioural or educational needs.

PART 2 Family

5.  Any changes in the family circumstances since the last review.

6.  Any significant events outside the family which are relevant including the implementation of actions from previous reviews.

7.  Any change to the parenting capacity of the parents as a result of health or social care services provided or as a result of other factors.

8.  Any difficulties which the family may have had in engaging with the IFS team.

9.  Whether there is any conflict between the needs of the child and the needs of the adults and how this can be resolved.

10.  The need to prepare for the ending of the involvement of the IFS team.

Regulation 9(3)(b)

SCHEDULE 3 Review of Children’s Cases (Wales) Regulations 2007

The following Schedule is inserted into the Review regulations after Schedule 3—

Regulation 6A

“SCHEDULE 4 Additional considerations to which local authorities are to have regard where IFS team involved

1.   The care plan or health treatment plan of the parent or parents.

2.   Any changes in the family circumstances since the last review.

3.   Any change to the parenting capacity of the parents as a result of health or social care services provided or as a result of other factors.

4.   Any significant events outside the family which are relevant.

5.   Any difficulties which the family may have had in engaging with the IFS team.

6.   Whether there is any conflict between the needs of the child and the needs of the adults and how this can be resolved.

7.   The need to prepare for the ending of the involvement of the IFS team.”

Explanatory Note

(This note is not part of the Regulations)

These Regulations establish requirements about how local authorities must review the cases of the families who are supported by Integrated Family Support (“IFS”) teams. The requirements for the local authority to review a case do not apply in relation to a child whose case is already subject to review under the Review of Children’s Cases (Wales) Regulations 2007 (S.I. 2007/307) (“the Review Regulations”) by virtue of being “looked after” as defined in section 22(1) of the Children Act 1989.

These Regulations also make amendments to the Review Regulations so that the requirements for the review of cases of looked after children take account of the involvement of IFS teams in a number of specified ways.

Regulation 2 requires a local authority to review the cases of families whose cases are supported by an IFS team but excepts cases of looked after children.

Regulation 3 sets out when a case must first be reviewed and at what intervals subsequent reviews must take place. Regulation 4 requires a local authority to set out in writing its arrangements for reviewing cases and requires that the local authority coordinates the review. The matters to be dealt with in the review are dealt with in Schedule 1.

Regulation 5 and Schedule 2 set out all the matters which a local authority must take into account in reviewing cases. Regulation 6 sets out the requirements about who must be consulted before a review, who must participate in it and who should be notified afterwards.

Regulation 7 creates a duty for a local authority to implement the decisions taken at a review. Regulation 8 requires that information provided for a review, together with minutes, and any decisions of a review, are recorded in writing.

Regulation 9 makes amendments to the Review Regulations to include a requirement that a member of an IFS team is involved in the review of the case of a looked after child whose family’s case is supported by such a team. It also amends the Review Regulations so that notification of referral of a case to an IFS team is a trigger for a review of the case of a looked after child. A schedule of additional matters to be taken into account in the case of a looked after child whose family is being supported by an IFS team is included to become Schedule 4 of the Review Regulations.

(1)

2010 nawm 1.

(2)

1989 c. 41.

(3)

S.I. 2007/307.