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

PART 10 E+W Miscellaneous

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.

Records – establishment of records E+W

63.—(1) The responsible authority must establish and maintain a written case record for C (“C's case record”), if one is not already in existence.

(2) The case record must include—

(a) C's care and support plan, including any changes made to the care and support plan and any subsequent plans,

(b) reports obtained under regulation 7,

(c) any other document created or considered as part of any assessment of C's needs, or of any review of C's case,

(d) any court order relating to C,

(e) details of any arrangements that have been made by the responsible authority with any other local authority or with an independent [F1 fostering service] under regulation 29 and Schedule 6, or with a provider of social work services, under which any of the responsible authority's functions in relation to C are discharged by that local authority or independent [F1 fostering service] or provider of social work services.

Textual Amendments

F1 Words in reg. 63(2)(e) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 25(8)

Records - retention and confidentiality E+W

64.—(1) The responsible authority must retain C's case record either—

(a) until the seventy-fifth anniversary of C's birth, or

(b) if C dies before attaining the age of 18, for fifteen years beginning with the date of C's death.

(2) The responsible authority must secure the safe keeping of C's case record and take any necessary steps to ensure that information contained in it is treated as confidential subject only to—

(a) any provision of, or made under or by virtue of, a statute under which access to such a record or information may be obtained or given,

(b) any court order under which access to such a record or information may be obtained or given.

Revocations E+W

65.  The Regulations set out in Schedule 11 to these Regulations are revoked to the extent specified in that Schedule.