Children Act (Miscellaneous Amendments) (England) Regulations 2002

Amendment of the Review of Children’s Cases Regulations 1991

4.—(1) The Review of Children’s Cases Regulations 1991(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (interpretation), the definition of “guardian ad litem” is omitted.

(3) In regulations 1(2) and 12, in each place in which they occur, for the words “registered children’s home” substitute “private children’s home”.

(4) For regulation 6 (health reviews), substitute—

“Health reviews

6.— (1) Subject to paragraph (2), the responsible authority shall, in respect of each child who continues to be looked after or provided with accommodation by them—

(a) arrange for an assessment, which may include a physical examination, of the child’s state of health, to be conducted by a registered medical practitioner, or a registered nurse or registered midwife acting under the supervision of a registered medical practitioner—

(i) at least once in every period of six months before the child’s fifth birthday; and

(ii) at least once in every period of twelve months after the child’s fifth birthday;

(b) require the person who carried out the assessment to prepare a written report which addresses the matters listed in Schedule 2; and

(c) review the plan for the future health of the child prepared under regulation 7(1)(c) of the Arrangements for Placement of Children (General) Regulations 1991(2) at the intervals set out in sub-paragraphs (i) and (ii) of paragraph (a).

(2) Sub-paragraphs (a) and (b) of paragraph (1) do not apply if the child, being of sufficient understanding to do so, refuses to consent to the assessment.”.

(5) In regulation 13 (exceptions to application of Regulations), for the words from “on behalf of” to the end of the regulation, substitute “by a local authority or a voluntary organisation, in a school which is a children’s home within the meaning of section 1(6) of the Care Standards Act 2000.”.

(6) In Schedule 2 (considerations to which responsible authorities are to have regard), in paragraph 4, for “Education Act 1981” substitute “Education Act 1996”.

(7) In Schedule 3 (health considerations to which responsible authorities are to have regard)—

(a) in paragraph 1, at the end, add “including his physical, emotional and mental health.”;

(b) in paragraph 2, at the end, add “including, as far as practicable, his family health history.”; and

(c) in paragraph 6, at the end, add “, and for advice and guidance on health, personal care and health promotion issues appropriate to the child’s needs.”.

(1)

S.I. 1991/895, as amended by S.I. 1991/2033, S.I.1993/3069, S.I.1995/2015, and S.I.1997/649.

(2)

S.I. 1991/890, as amended by S.I. 1991/2033, S.I.1993/3069, S.I.1995/2015, S.I.1997/649 and these Regulations.