Statutory Instruments
CHILDREN AND YOUNG PERSONS
Made
2nd April 1991
Laid before Parliament
10th April 1991
Coming into force
14th October 1991
The Secretary of State for Health, in exercise of the powersconferred by sections 26(1) and (2), 59(4)(a) and (5) and 104(4) of andparagraph 10(1) and (2)(l) of Schedule 6 to the Children Act 1989(1) and of all other powers enabling him in that behalfhereby makes the following Regulations:–
1.—(1) These Regulations may be cited as the Review of Children’s CasesRegulations 1991 and shall come into force on 14th October 1991.
(2) In these Regulations, unless the context otherwiserequires–
“the Act” means the Children Act 1989;
“guardian ad litem” means a guardian ad litem appointed pursuant to section 41 of theAct or rules made under section 65 of the Adoption Act 1976(2);
“independent visitor” means an independent visitor appointed under paragraph 17 ofSchedule 2 to the Act;
“responsible authority” means in relation to–
a child who is being looked after by a local authority(3), that authority,
a child who is being provided with accommodation by a voluntaryorganisation otherwise than on behalf of a local authority, thatvoluntary organisation,
a child who is being provided with accommodation in a registeredchildren’s home otherwise than on behalf of a local authority orvoluntary organisation, the person carrying on that home;
(3) Any notice required under these Regulations is to be given inwriting and may be sent by post.
(4) In these Regulations, unless the context otherwiserequires–
(a) any reference to a numbered regulation is to the regulation inthese Regulations bearing that number and any reference in anyregulation to a numbered paragraph is to the paragraph of thatregulation bearing that number;
(b) any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
2. Each responsible authority shall review in accordance with theseRegulations the case of each child while he is being looked after orprovided with accommodation by them.
3.—(1) Each case is first to be reviewed within four weeks of the date uponwhich the child begins to be looked after or provided with accommodatonby a responsible authority.
(2) The second review shall be carried out not more than three monthsafter the first and thereafter subsequent reviews shall be carried outnot more than six months after the date of the previous review.
4.—(1) Each responsible authority shall set out in writing theirarrangements governing the manner in which the case of each child shallbe reviewed and shall draw the written arrangements to the attention ofthose specified in regulation 7(1).
(2) The responsible authority which are looking after or providingaccommodaton for a child shall make arrangements to coordinate thecarrying out of all aspects of the review of that child’s case.
(3) The responsible authority shall appoint one of their officers toassist the authority in the coordination of all the aspects of thereview.
(4) The manner in which each case is reviewed shall, so far aspracticable, include the elements specified in Schedule 1.
(5) Nothing in these Regulations shall prevent the carrying out of anyreview under these Regulations and any other review, assessment orconsideration under any other provision at the same time.
5. The considerations to which the responsible authority are to haveregard so far as is reasonably practicable in reviewing each case arethe general considerations specified in Schedule 2 and theconsiderations concerning the health of the child specified in Schedule3.
6. The responsible authority shall make arrangements for a child whocontinues to be looked after or provided with accommodation by them tobe examined by a registered medical practitioner and for a writtenassessment on the state of health of the child and his need for healthcare to be made–
(a) at least once in every period of six months before the child'ssecond birthday, and
(b) at least once in every period of twelve months after the child'ssecond birthday,
unless the child is of sufficient understanding and he refuses tosubmit to the examination.
7.—(1) Before conducting any review the responsible authority shall, unlessit is not reasonably practicable to do so, seek and take into accountthe views of–
(a) the child;
(b) his parents;
(c) any person who is not a parent of his but who has parentalresponsibility for him; and
(d) any other person whose views the authority consider to be relevant;
including, in particular, the views of those persons in relation toany particular matter which is to be considered in the course of thereview.
(2) The responsible authority shall so far as is reasonably practicableinvolve the persons whose views are sought under paragraph (1) in thereview including, where the authority consider appropriate, theattendance of those persons at part or all of any meeting which is toconsider the child’s case in connection with any aspect of the review ofthat case.
(3) The responsible authority shall, so far as is reasonablypracticable, notify details of the result of the review and of anydecision taken by them in consequence of the review to–
(a) the child;
(b) his parents;
(c) any person who is not a parent of his but who has parentalresponsibility for him; and
(d) any other person whom they consider ought to be notified.
8. The responsible authority shall make arrangements themselves or withother persons to implement any decision which the authority propose tomake in the course, or as a result, of the review of a child’s case.
9. Each responsible authority shall monitor the arrangements which theyhave made with a view to ensuring that they comply with theseRegulations.
10. Each responsible authority shall ensure that–
(a) information obtained in respect of the review of a child’s case,
(b) details of the proceedings at any meeting arranged by the authorityat which the child’s case is considered in connection with any aspect ofthe review of that case, and
(c) details of any decisions made in the course of or as a result ofthe review
are recorded in writing.
11.—(1) This regulation applies to cases in which a child is looked after orprovided with accommodation by a responsible authority for a series ofshort periods at the same place where the following conditions aresatisfied–
(a) all the periods are included within a period which does not exceedone year;
(b) no single period is for a duration of more than four weeks; and
(c) the total duration of the periods does not exceed 90 days.
(2) Cases to which this regulation applies may be treated as a singlecase of a child being looked after or provided with accommodation by aresponsible authority for the purpose of these Regulations.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991
Regulation 4(4)
1. Keeping informed of the arrangements for looking after the childand of any relevant change in the child’s circumstances.
2. Keeping informed of the name and address of any person whose views should be taken into account in the course of the review.
3. Making necessary preparations and providing any relevant information to the participants in any meeting of the responsible authority which considers the child’s case in connection with any aspect of the review.
4. Initiating meetings of relevant personnel of the responsible authority and other relevant persons to consider the review of the child’s case.
5. Explaining to the child any steps which he may take under the Act including, where appropriate–
(a) his right to apply, with leave, for a section 8 order (residence,contact and other orders with respect to children),
(b) where he is in care, his right to apply for the discharge of thecare order, and
(c) the availability of the procedure established under the Act forconsidering representations.
6. Making decisions or taking steps following review decisions arising out of or resulting from the review.
Regulation 5
1. In the case of a child who is in care, whether an applicationshould be made to discharge the care order.
2. Where the responsible authority are a local authority whether they should seek a change in the child’s legal status.
3. Arrangements for contact, and whether there isany need for changes in the arrangements in order to promote contactwith the child’s family and others so far as is consistent with hiswelfare.
4. Any special arrangements that have been made or need to bemade for the child, including the carrying out of assessments either bya local authority or other persons, such as those in respect of specialeducational need under the Education Act 1981(4).
5. The responsible authority’s immediate and long termarrangements for looking after the child or providing the child withaccommodation (made pursuant to the provisions of the Arrangements forPlacement of Children (General) Regulations 1991(5)), whether a change in those arrangements is needed andconsideration of alternative courses of action.
6. Where the responsible authority are a local authority, whether an independent visitor should be appointed if one has not already been appointed.
7. The child’s educational needs, progress and development.
8. Whether arrangements need to be made for the time when the child will no longer be looked after or provided with accommodation by the responsible authority.
9. Whether plans need to be made to find a permanent substitute family forthe child.
Regulation 5
1. The child’s state of health.
2. The child’s health history.
3. The effect of the child’s health and health history on his development.
4. Existing arrangements for the child’s medical and dental care andtreatment and health and dental surveillance.
5. The possible need for an appropriate course of action which should be identified to assist necessary change of such care, treatment or surveillance.
6. The possible need for preventive measures, such as vaccination andimmunisation, and screening for vision and hearing.
(This note is not part of the Regulations)
These Regulations provide for the review of the cases of childrenwho are looked after by a local authority or provided with accommodationby a voluntary organisation or in a registered children’s home.
They make provision for the review of such cases (regulation 2); thetime when cases are to be reviewed (regulation 3); the manner in whichcases are to be reviewed (regulation 4); the considerations to whichthere should be regard (regulation 5); health reviews (regulation 6);consultation, participation and notification (regulation 7); thearrangements for implementation of decisions arising out of reviews(regulation 8); monitoring the arrangements for reviews (regulation 9);recording review information (regulation 10); and application of theRegulations to short periods (regulation 11). £1.45 net
authority is defined in section 105(1) of the Act asthe council of a county, a metropolitan district, a London Borough orCommon Council of the City of London. Pursuant to section 2 of the LocalAuthority Social Services Act 1970 (c. 42), local authority functionsunder the Children Act 1989 stand referred to the social servicescommittee of a local authority.
S.I. 1991/890.