31.—(1) As part of its arrangements for supervising C's well-being, the responsible authority must ensure that its representative (“R”) visits C in accordance with this regulation, wherever C is living.
(2) Subject to paragraphs (3) to (6), the responsible authority must ensure that R visits C—
(a)within one week of the start of any placement,
(b)at intervals of not more than 6 weeks for the first year of any placement, and
(c)thereafter—
(i)where the placement is intended to last until C is 18, at intervals of not more than 3 months, and
(ii)in any other case, at intervals of not more than 6 weeks.
(3) Where regulation 20 applies, the responsible authority must ensure that R visits C—
(a)at least once a week until the first review carried out in accordance with Part 6, and
(b)thereafter at intervals of not more than 6 weeks.
(4) Where regulation 26 applies, or where an interim care order has been made in relation to C under section 38 of the 1989 Act (interim orders) and C is living with P, the responsible authority must ensure that R visits C—
(a)at least once a week until the first review carried out in accordance with Part 6, and
(b)thereafter at intervals of not more than 4 weeks.
(5) Where a care order has been made in relation to C under section 31 of the 1989 Act (care and supervision orders) and C is living with P, the responsible authority must ensure that R visits C—
(a)within one week of the making of the care order, and
(b)thereafter at intervals of not more than 6 weeks.
(6) Where C is in the care of the responsible authority but another person is responsible for the arrangements under which C is living for the time being (“C's living arrangements”), the responsible authority must ensure that R visits C—
(a)within one week of the start of C's living arrangements and within one week of any change to C's living arrangements,
(b)at intervals of not more than 6 weeks for the first year thereafter, and
(c)at intervals of not more than 3 months in any subsequent year.
(7) In addition to visits in accordance with paragraphs (2) to (6), the responsible authority must ensure that R visits C—
(a)whenever reasonably requested to do so by—
(i)C,
(ii)where paragraphs (2), (3) or (4) apply, the appropriate person, or
(iii)where paragraph (5) applies, the person responsible for C's living arrangements,
(b)within one week of first receiving notification under section 30A M1 of the Care Standards Act 2000 M2 (notification of matters relating to persons carrying on or managing certain establishments or agencies) [F1or under section 39 of the Regulation and Inspection of Social Care (Wales) Act 2016 (notifying local authorities of certain action under this part)], where the children's home in which C is placed for the time being is referred to in the notification.
Textual Amendments
F1Words in reg. 31(7)(b) 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(4)
Marginal Citations
M1Section 30A was inserted by section 29 of the 2008 Act.
32.—(1) On each visit, R must speak to C in private unless—
(a)C, being of sufficient understanding to do so, refuses,
(b)R considers it inappropriate to do so, having regard to C's age and understanding, or
(c)R is unable to do so.
(2) When visiting C in accordance with this Part, R must—
(a)ensure that C's views, wishes and feelings are ascertained and given due consideration,
(b)consider whether C's well-being is being adequately safeguarded and promoted within the placement,
(c)monitor the achievement of actions and outcomes identified in the care and support plan and contribute (if required) to the review of the care and support plan,
(d)monitor any contact arrangements in place and, where necessary, consider whether support, or additional support, is required to promote contact arrangements,
(e)identify whether additional support or services are required to support the placement.
33. Where as a result of a visit carried out in accordance with this Part, R's assessment is that C's well-being is not adequately safeguarded and promoted by the placement, the responsible authority must review C's case in accordance with Part 6.
34. When making arrangements in accordance with section 97(3)(b) of the 2014 Act for advice and other support to be available to C between R's visits, the responsible authority must ensure that—
(a)the arrangements—
(i)are appropriate having regard to C's age and understanding, and
(ii)give due consideration to C's religious persuasion, racial origin, sexual orientation, cultural and linguistic background, and to any disability C may have,
(b)C's views, wishes and feelings about the arrangements are ascertained and taken into consideration, and
(c)as far as is reasonably practicable having regard to C's age and understanding, C knows how to seek appropriate advice and other support from it.
35. R must ensure that a written record is made of any visit undertaken in accordance with this Part which must include—
(a)R's written assessment, having regard to C's views, wishes and feelings, as to whether C's well-being is being adequately safeguarded and promoted whilst in the placement,
(b)details of advice or support R considers are required by C.
36.—(1) As part of its arrangements for supervising C's well-being, the responsible authority must consider whether it is appropriate to appoint an independent visitor to visit C wherever C is living in any case where—
(a)C has not lived with a parent or a person with parental responsibility during the previous 12 months,
(b)contact between C and a parent or a person with parental responsibility has not occurred or has been infrequent, or
(c)it would be in C's best interests to do so.
(2) When making a decision under paragraph (1), the responsible authority must consider—
(a)whether the appointment of an independent visitor would make a positive contribution to C's well-being;
(b)where C is placed at a distance from home, or where C is placed in the area of another local authority or a local authority in England, whether the placement makes it difficult to maintain contact arrangements;
(c)whether C is able to go out independently or whether C experiences difficulties in communicating or with building positive relationships;
(d)whether C is likely to engage in behaviour which may put C at risk of forming inappropriate relationships;
(e)where C is placed in a children's home, whether C's well-being would be promoted by the opportunity to establish a relationship with an independent visitor.
37. Where the responsible authority determines in accordance with regulation 36 that it is appropriate to appoint an independent visitor for C, it must explain to C (according to C's age and understanding) the role of an independent visitor.