The Care Planning, Placement and Case Review (England) Regulations 2010
2010 No. 959
Children And Young Persons, England
The Care Planning, Placement and Case Review (England) Regulations 2010
Made 24th March 2010
Laid before Parliament 25th March 2010
Coming into force 1st April 2011
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 22C(11), 23ZA(3) and (4), 23ZB(1)(a), 23D(2), 23E(1) and (2), 25A(4), 25B(1)(b) and (2)(a), 26(1) and (2), 31A(3), 34(8) and 104(4) of, and paragraphs 12A to 12E, 12F(1)(a), 12G and 19B(2)(b), (3), (7) and (8) of Schedule 2 to, the Children Act 19891:
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Care Planning, Placement and Case Review (England) Regulations 2010 and come into force on 1st April 2011.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“the 1989 Act” means the Children Act 1989;
“the 2002 Regulations” means the Fostering Services Regulations 20022;
“appropriate person” means—
(a) P, where C is to live, or lives, with P;
(b) F, where C is to be placed, or is placed, with F;
(c) where C is to be placed, or is placed, in a children’s home, the person who is registered under Part 2 of the Care Standards Act 20003in respect of that home; or
(d) where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), the person who will be responsible for C at the accommodation;
“area authority” means the local authority4for the area in which C is placed, or is to be placed, where this is different from the responsible authority;
“C” means a child who is looked after by the responsible authority5;
“care plan” means the plan for the future care of C prepared in accordance with Part 2;
“case record” has the meaning given in regulation 49;
“connected person” has the meaning given in regulation 24;
“director of children’s services” means the officer of the responsible authority appointed for the purposes of section 18 of the Children Act 20046;
“F” means a person who is approved as a local authority foster parent7and with whom it is proposed to place C or, as the case may be, with whom C is placed;
“fostering service provider” has the meaning given in regulation 2(1) of the 2002 Regulations;
“full assessment process” has the meaning given in regulation 24(2)(c);
“health plan” has the meaning given in regulation 5(b)(i);
“independent visitor” means the independent person appointed to be C’s visitor under section 23ZB;
“IRO” means the independent reviewing officer appointed for C’s case under section 25A(1);
“nominated officer” means a senior officer of the responsible authority nominated in writing by the director of children’s services for the purposes of these Regulations;
“P” means—
(a) a person who is C’s parent;
(b) a person who is not C’s parent but who has parental responsibility for C; or
(c) where C is in the care of the responsible authority and there was a residence order in force with respect to C immediately before the care order was made, a person in whose favour the residence order was made8;
“pathway plan” has the meaning given in section 23E(1)(a);
“personal adviser” means the personal adviser arranged for C under paragraph 19C9of Schedule 2 to the 1989 Act;
“personal education plan” has the meaning given in regulation 5(b)(ii);
“placement” means—
(i) arrangements made by the responsible authority for C to live with P in accordance with section 22C(2), where C is in the care of the responsible authority, or
(ii) arrangements made by the responsible authority to provide for C’s accommodation and maintenance by any of the means specified in section 22C(6);
“placement plan” has the meaning given in regulation 9(1)(a);
“R” means the representative of the responsible authority who is appointed to visit C in accordance with arrangements made by them under section 23ZA;
“responsible authority” means the local authority that looks after C;
“special educational needs” and “special educational provision” have the meanings given in section 312 of the Education Act 199610;
“temporary approval” has the meaning given in regulation 24(1); and
“working day” means any day other than—
(a) a Saturday or a Sunday,
(b) Christmas day or Good Friday, or
(c) a bank holiday in England and Wales under the Banking and Financial Dealings Act 197111.
(2) In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies of original documents and electronic methods of recording information.
(3) Save as otherwise appears—
(a)
(a) any reference in these Regulations to a numbered section is a reference to that section in the 1989 Act; and
(b)
(b) any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to that regulation, Part or Schedule in these Regulations.
3. These Regulations do not apply in relation to any child who is looked after by a local authority and who has been placed for adoption under the Adoption and Children Act 200212.
PART 2
Arrangements for looking after a child
Care planning
4.—(1) Where C is not in the care of the responsible authority and a care plan for C has not already been prepared, the responsible authority must assess C’s needs for services to achieve or maintain a reasonable standard of health or development, and prepare such a plan.
(2) Except in the case of a child to whom section 31A (care orders: care plans) applies13, or where paragraph (6) applies, the care plan must be prepared before C is first placed by the responsible authority or, if it is not practicable to do so, within ten working days of the start of the first placement.
(3) When assessing C’s needs under paragraph (1), the responsible authority must consider whether C’s placement meets the requirements of Part 3 of the 1989 Act.
(4) Unless paragraph (5) applies, the care plan should, so far as is reasonably practicable, be agreed by the responsible authority with—
(a)
(a) any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, or
(b)
(b) if there is no such person, the person who was caring for C immediately before the responsible authority arranged a placement for C.
(5) Where C is aged 16 or over and agrees to be provided with accommodation under section 2014, the care plan should be agreed with C by the responsible authority.
(6) Where C was first placed by the responsible authority before 1st April 2011, the care plan must be prepared as soon as reasonably practicable.
Preparation and content of the care plan
5. The care plan must include a record of the following information—
(a) the long term plan for C’s upbringing (“the plan for permanence”),
(b) the arrangements made by the responsible authority to meet C’s needs in relation to—
(i) health, including the information set out in paragraph 1 of Schedule 1 (“the health plan”),
(ii) education and training, including, so far as reasonably practicable, the information set out in paragraph 2 of Schedule 1 (“the personal education plan”),
(iii) emotional and behavioural development,
(iv) identity, with particular regard to C’s religious persuasion, racial origin and cultural and linguistic background,
(v) family and social relationships and in particular the information set out in paragraph 3 of Schedule 1,
(vi) social presentation, and
(vii) self-care skills,
(c) except in a case where C is in the care of the responsible authority but is not provided with accommodation by them by any of the means specified in section 22C, the placement plan,
(d) the name of the IRO, and
(e) details of the wishes and feelings of the persons listed in section 22(4)15about the arrangements referred to in sub-paragraph (b) and the placement plan that have been ascertained and considered in accordance with section 22(4) and (5) and the wishes and feelings of those persons in relation to any change, or proposed change, to the care plan.
6.—(1) The responsible authority must keep C’s care plan under review in accordance with Part 6 and, if they are of the opinion some change is required, they must revise the care plan or prepare a new care plan accordingly.
(2) Save as otherwise provided in these Regulations, the responsible authority must not make any significant change to the care plan unless the proposed change has first been considered at a review of C’s case.
(3) Subject to paragraph (4), the responsible authority must give a copy of the care plan—
(a)
(a) to C, unless it would not be appropriate to do so having regard to C’s age and understanding,
(b)
(b) to P,
(c)
(c) to the IRO,
(d)
(d) where C is to be placed, or is placed, with F, to the fostering service provider that approved F in accordance with the 2002 Regulations,
(e)
(e) where C is to be placed, or is placed, in a children’s home, to the person who is registered under Part 2 of the Care Standards Act 2000 in respect of that home, and
(f)
(f) where C is to be placed, or is placed, in accordance with other arrangements under section 22C(6)(d), to the person who will be responsible for C at the accommodation.
(4) The responsible authority may decide not to give a copy of the care plan, or a full copy of the care plan, to P if to do so would put C at risk of significant harm.
Health care
7.—(1) Before C is first placed by them or, if that is not reasonably practicable, before the...
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