Office of Public Sector Information
Regulation 5(4)
1. Keeping informed of the arrangements for looking after the child and 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 or she may take under the Act including, where appropriate—
(a) his or her right to apply, with leave, for a section 8 order (residence, contact and other orders with respect to children),
(b) where he or she is in care, his or her right to apply for the discharge of the care order, and
(c) the availability of the procedure established under the Act for considering representations.
6. Making decisions or taking steps following review decisions arising out of or resulting from the review.
Regulation 6
1. In the case of a child who is in care, whether an application should 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 is any need for changes in the arrangements in order to promote contact with the child’s family and others so far as is consistent with his or her welfare.
4. Any special arrangements that have been made or need to be made for the child, including the carrying out of assessments either by a local authority or other persons, such as those in respect of special educational need under the Education Act 1996(15).
5. The responsible authority’s immediate and long term arrangements for looking after the child or providing the child with accommodation (made pursuant to the provisions of the Placement of Children (Wales) Regulations 2007(16) or the Arrangements for Placement of Children (General) Regulations 1991, if the arrangements were made before 1 July 2007), whether a change in those arrangements is needed and consideration of alternative courses of action.
6. Whether the responsible authority has complied with the requirements of the Placement of Children (Wales) Regulations 2007 and in particular, regulations 4 and 8.
7. Where the responsible authority are a local authority, whether an independent visitor should be appointed if one has not already been appointed.
8. The child’s educational needs, progress and development including, where applicable, whether the transfer of relevant education records has taken place.
9. Where a child is placed outside the area in which he or she is normally resident, whether the child’s case should be referred to a panel.
10. 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.
11. Whether plans need to be made to find a permanent substitute family for the child.
Regulation 6
1. The child’s state of health including his physical, oral, emotional and mental health.
2. The child’s health history including, as far as practicable, his family 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 and treatment and health and dental surveillance, and in particular, where a child has been assessed as requiring mental health services, whether the child receives those services.
5. Whether the responsible authority has complied with the requirements of regulations 6 (so far as it relates to the child’s health) and 8 of the Placement of Children (Wales) Regulations 2007(17).
6. Whether, where applicable, the transfer of relevant medical records has taken place.
7. The possible need for an appropriate course of action which should be identified to assist necessary change of such care, treatment or surveillance as is referred to in paragraph (4).
8. The possible need for preventive measures, such as vaccination and immunisation, and screening for vision and hearing, and for advice and guidance on health (including mental health and oral health), personal care and health promotion issues appropriate to the child’s needs.
(This note is not part of the Regulations)
These Regulations are made under the provisions of the Children Act 1989 and revoke and replace the Review of Children’s Cases Regulations 1991 as far as those Regulations apply in relation to Wales. The Regulations make provision for review of the arrangements for placement of children in Wales who are looked after by local authorities or accommodated by voluntary organisations or private children’s homes.
Regulation 2 requires responsible authorities to review children’s placements.
Regulation 3 requires responsible authorities to appoint independent reviewing officers to undertake reviews in accordance with these Regulations.
Regulation 4 (subject to regulation 12), provides for the timing and frequency of reviews, and allows for the independent reviewing officer to direct reviews to be carried out at shorter intervals than those specified in the regulation.
Regulation 5 requires each responsible authority to set out their arrangements for the way in which reviews under these Regulations are to be conducted, and to draw those arrangements to the attention of the people mentioned in regulation 8. Where a responsible authority is looking after a child, the regulation requires the authority to coordinate reviews and appoint an officer to assist in that process, and to have regard to the matters set out in Schedule 1 (Elements to be included in the review).
Regulation 6 requires each responsible authority when reviewing a child’s case, to have regard to the matters set out in Schedule 2 (Considerations to which responsible authorities are to have regard), and Schedule 3 (Health considerations to which responsible authorities are to have regard).
Regulation 7 requires each responsible authority to arrange for health assessments and written reports in respect of each child looked after by them, addressing the matters set out in Schedule 3, provides for the frequency of such assessments and requires a review, at specified intervals, of the plan for the future health of the child, made under the Placement of Children (Wales) Regulations 2007.
Regulation 8 requires a responsible authority to consult and involve in the review, various people specified in the regulation, including the child, and to notify those people of details of the result of the review and of any decision taken as part of it.
Regulation 9 requires a responsible authority to make arrangements to implement any decision made in the course of or as a result of a review, and to notify the independent reviewing officer of any failure to make such arrangements, or of any significant change of circumstances after the review which might affect the arrangements.
Regulation 10 requires a responsible authority to monitor the arrangements for reviews to ensure compliance with these Regulations.
Regulation 11 requires a responsible authority to make a written record of the review of a child’s case and of associated matters.
Regulation 12 provides for the application of these Regulations in circumstances where a child is looked after or provided with accommodation for a series of short periods (defined in the regulation) and provides for the timing and frequency of reviews in such cases.
Regulation 13 makes transitional provisions.
Regulation 14 excludes certain types of children’s placement from the requirements of these Regulations.
Regulation 15 revokes the Review of Children’s Cases Regulations 1991 in relation to Wales.
The Review of Children’s Cases (Wales) Regulations 2007