The Care Planning and Case Review (Miscellaneous Amendments) (Wales) Regulations 2017

Title, commencement and application

1.—(1) The title of these Regulations is the Care Planning and Case Review (Miscellaneous Amendments) (Wales) Regulations 2017.

(2) These Regulations come into force on 23 July 2017.

(3) These Regulations apply in relation to Wales.

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

2.—(1) The Review of Children’s Cases (Wales) Regulations 2007(1) are amended as follows.

(2) In regulation 1(2) (title, commencement, interpretation and application), in the appropriate place insert the following—

““the Partnership Regulations” (“y Rheoliadau Partneriaeth”) means the Partnership Arrangements (Wales) Regulations 2015(2);

“family” (“teulu”), in relation to a child who is part of a family which is receiving support from an IFS team, has the meaning given in regulation 18(3) of the Partnership Regulations;

“IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a partnership body in accordance with the Partnership Regulations (3);

“parent” (“rhiant”), in relation to a child who is part of a family which is receiving support from an IFS team, has the meaning given in regulation 18(5) of the Partnership Regulations;

“partnership body” (“corff partneriaeth”) has the meaning given in regulation 1(4) of the Partnership Regulations;”.

(3) In regulation 4 (time when each case to be reviewed), in paragraph (3) omit the words “the independent reviewing officer so directs” and insert the following sub-paragraphs—

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

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

(4) In regulation 6 (considerations to which responsible authorities are to have regard)—

(a) renumber the existing provision as paragraph (1);

(b) after paragraph (1) (as renumbered), insert the following paragraph—

“(2) The additional considerations to which the responsible authority must have regard in reviewing the case of a child where the child is part of a family which is being supported by an IFS team are set out in Schedule 5.”.

(5) In regulation 8 (consultation, participation and notification)—

(a) in paragraph (1), immediately before sub-paragraph (e), omit the word “and” and insert the following sub-paragraph—

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

(b) in paragraph (3), immediately before sub-paragraph (e), omit the word “and” and insert the following sub-paragraph—

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

(6) After Schedule 3 (health considerations to which responsible authorities are to have regard) insert as Schedule 5(4) the Schedule set out in Schedule 2 to these Regulations.

Amendment of the Care and Support (Care Planning) (Wales) Regulations 2015

3.—(1) The Care and Support (Care Planning) (Wales) Regulations 2015(5) are amended as follows.

(2) In regulation 1(3) (title, commencement, application and interpretation), in the appropriate place insert the following—

““the Partnership Regulations” (“y Rheoliadau Partneriaeth”) means the Partnership Arrangements (Wales) Regulations 2015(6);

“family” (“teulu”), in relation to a person who is part of a family which is receiving support from an IFS team, has the meaning given in regulation 18(3) of the Partnership Regulations;

“IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a partnership body in accordance with the Partnership Regulations(7);

“parent” (“rhiant”), in relation to a child who is part of a family which is receiving support from an IFS team, has the meaning given in regulation 18(5) of the Partnership Regulations;

“partnership body” (“corff partneriaeth”) has the meaning given in regulation 1(4) of the Partnership Regulations;”.

(3) In regulation 4 (review of plans)—

(a) after paragraph (1) insert the following—

“(1A) The local authority must review a care and support plan or a support plan if the person to whom the plan relates is part of a family whose case has been referred to an IFS team and the family has been notified that their case will be supported by that team.”.

(b) after paragraph (2) insert the following—

“(3) The considerations to which the local authority must have regard when reviewing a person’s care and support plan or support plan where the person is part of a family which is being supported by an IFS team are set out in the Schedule.”.

(4) At the end of the Regulations insert the Schedule set out in Schedule 3 to these Regulations.

Amendment of the Care Planning, Placement and Case Review (Wales) Regulations 2015

4.—(1) The Care Planning, Placement and Case Review (Wales) Regulations 2015(8) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the appropriate place insert—

““the Partnership Regulations” (“y Rheoliadau Partneriaeth”) means the Partnership Arrangements (Wales) Regulations 2015(9);

“partnership body” (“corff partneriaeth”) has the meaning given in regulation 1(4) of the Partnership Regulations;”; and

(b) for the definition of “IFS team” substitute the following—

““IFS team” (“tîm integredig cymorth i deuluoedd”) means an integrated family support team established by a partnership body in accordance with the Partnership Regulations(10);”.

(3) In regulation 41 (considerations to which the responsible authority must have regard)—

(a) in paragraph (1) for “paragraph 1” substitute “paragraphs 1 to 17”,

(b) in paragraph (2) for “paragraph 2” substitute “paragraphs 18 to 26”,

(c) after paragraph (2) insert the following paragraph—

“(3) In paragraph (2) and in Schedule 8—

“family” (“teulu”) has the meaning given in regulation 18(3) of the Partnership Regulations(11).”.

(4) In regulation 57 (modifications to Part 2), in paragraph (4)(b) for “regulation (5)” substitute “regulation 7(5)”.

(5) In Schedule 8 (considerations to which the responsible authority must have regard when reviewing C’s case), after paragraph 17 insert the following—

“18.   Details of any care plan or health treatment plan for P.

19.   Details of any support or services provided for P by any person.

20.   Any changes in P’s capacity to care for children, and in particular in relation to C, as a result of the health or social care services provided by any person, or as a result of any other factors.

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

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

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

24.   Whether there is any conflict between the needs of C and the needs of P, or any other member of P’s household, and how this can be resolved.

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

26.   In paragraphs 18 to 25—

“P” is to be construed as though it were a reference to “parent” within the meaning given in regulation 18(5) of the Partnership Regulations.”.

Rebecca Evans

Minister for Social Services and Public Health, under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers

26 June 2017