The Children’s Homes (Wales) Regulations 2002

Contact and access to communications E+W

15.—(1) The registered person shall—

(a) subject to paragraphs (6) and (8), promote the contact of each child with his or her parents, relatives and friends in accordance with the arrangements set out in his or her placement plan; and

(b) subject to paragraph (3), ensure that suitable facilities are provided within the children’s home for any child accommodated there to meet privately at any reasonable time with his or her parents, friends, relatives, and the persons listed in paragraph (2).

(2) The persons are—

(a) any solicitor or other adviser or advocate whom the child has instructed or wishes to instruct;

(b) any officer of the Children and Family Court Advisory and Support Service [F1 or Welsh Family Proceedings Officer] appointed for the child(1);

(c) any social worker for the time being assigned to the child by his placing authority;

(d) any person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 1991(2);

(e) any person holding an appointment as a visitor for the child under [F2 section 98 of the Social Services and Well-being (Wales) Act 2014 or] paragraph 17 of Schedule 2 to the 1989 Act;

(f) any person authorised by the National Assembly under section 31 of the Act to inspect undertakings regulated under Part II of the Act;

(g) any person authorised by the local authority for the area in which the home is situated;

(h) any person authorised in accordance with section 80(2) of the 1989 Act by the National Assembly to conduct an inspection of the children’s home and the children there.

(3) In the case of a home in respect of which a certificate under section 51 of the 1989 Act is in force, the facilities may be at an address different to that of the home.

(4) Subject to paragraphs (6) and (8), the registered person shall ensure that children accommodated in the home are provided at all reasonable times with access to the following, which they may use without reference to persons working in the home—

(a) a telephone on which to make and receive telephone calls in private; and

(b) facilities to send and receive post and, if the necessary facilities are provided for the use of children accommodated in the home, electronic mail, in private.

(5) The registered person shall ensure that any disabled child accommodated in the home is provided with access to such aids and equipment which he or she may require as a result of his or her disability in order to facilitate his or her communication with others.

(6) The registered person may (subject to paragraphs (7) and (8)) impose restrictions, prohibitions or conditions upon a child’s contact with any person under paragraph (1)(a), or upon a child’s meeting privately in the home with those persons, or upon a child’s access to communications under paragraph (4), if he or she is of the reasonable opinion that the imposition is necessary for the purpose of safeguarding or promoting the welfare of the child in question.

(7) No measure may be imposed by the registered person in accordance with paragraph (6) unless—

(i) the child’s placing authority consents to the imposition of the measure; or

(ii) the measure is imposed in an emergency and full details are given to the placing authority within 24 hours of its imposition.

(8) This regulation is subject to the provisions of any court order relating to contact between the child and any person.

(9) It is declared (for the avoidance of doubt) that any rule of law relating to duress or necessity may, as well as paragraphs (6) and (8), be relied upon if it is alleged that this regulation has not been complied with.

Textual Amendments

F1 Words in reg. 15(2)(b) inserted (1.4.2005) by The Children Act 2004 (Amendment of Miscellaneous Regulations) (Wales) Regulations 2005 (S.I. 2005/774), regs. 1(2), 6(2)

F2 Words in reg. 15(2)(e) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 46

Modifications etc. (not altering text)

C1 Regs. 15-18 applied (with modifications) (1.4.2002) by The Care Homes (Wales) Regulations 2002 (S.I. 2002/324), regs. 1(1), 33(2)

Commencement Information

I1 Reg. 15 in force at 1.4.2002, see reg. 1(1)

(1)

The Children and Family Court Advisory and Support Service is established by Chapter II of Part I of the Criminal Justice and Court Services Act 2000 c. 43. Officers of CAFCASS are appointed for children in specified proceedings (section 41).

(2)

S.I.1991/894 as amended by S.I. 1991/2033 and S.I. 1993/3069.