The Review of Children’s Cases (Amendment) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose new obligations on local authorities and voluntary organisations to appoint independent reviewing officers (“IROs”) in connection with the review of cases of children who are being looked after or for whom accommodation is being provided under Part VII of the Children Act 1989.

The power to require local authorities to appoint IROs was inserted in section 26 of the Children Act 1989 (review of cases) by section 118 of the Adoption and Children Act 2002. The requirements may be applied to voluntary organisations by virtue of section 59(4) and (5) of the Children Act 1989.

Regulation 2 amends the Review of Children’s Cases Regulations 1991 made under section 26 of the Children Act 1989. The new regulation 2A provides for the functions of IROs, the description of persons that may be appointed as IROs and the manner in which the IROs should carry out their functions. It also substitutes a new regulation 3, providing for timing of reviews (including provision for reviews to be held when the IRO so directs). The new regulation 8A requires the local authority to inform the IRO about any significant change of circumstances following a review or significant failure to implement decisions of a review.