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The Care Planning, Placement and Case Review (England) Regulations 2010

S.I. 2010/959 · Made 24 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2023.

Children And Young Persons, England

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 1989 M1:

Annotations to the whole text

Marginal citations

M1

1989 c.41. Section 22C is inserted by section 8 of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”); sections 23ZA and 23ZB are inserted by sections 15 and 16 of the 2008 Act respectively; sections 23D and 23E are inserted by section 3 of the Children (Leaving Care) Act 2000 (c.35) (“the 2000 Act”), section 23D is amended by sections 23(1) and 39 of the 2008 Act and section 23E is amended by sections 22(3) and 39 of the 2008 Act; sections 25A and 25B are inserted by section 10 of the 2008 Act; section 26(1) is amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) is amended by section 118(1)(a) of the Adoption and Children Act 2002 (c. 38) and by section 10(3)(a) of the 2008 Act; section 104(4) is amended by sections 39 and 42 of the 2008 Act. Paragraphs 12A to 12G of Schedule 2 are inserted by section 8(2) and paragraph 4 of Schedule 1 to the 2008 Act; paragraph 19B of Schedule 2 is inserted by section 1 of the 2000 Act and amended by section 39 of, and paragraphs 1 and 27(1) and (3) of Schedule 3 to, the 2008 Act. The powers are expressed to be exercisable by the “appropriate national authority”, defined in section 30A (which is inserted by section 39 of the 2008 Act) as meaning, in relation to England, the Secretary of State. For the definition of “prescribed” see section 105(1) of the Children Act 1989 (“the 1989 Act”).

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Regulation 3
  5. Part 2: Arrangements for looking after a child
  6. 4Care planning
  7. 5Preparation and content of the care plan
  8. 6Regulation 6
  9. 7Health care
  10. 8ZAContact with a child in care
  11. 8Contact with a child in care
  12. Part 3: Placements – general provisions
  13. 9Placement plan
  14. 10Avoidance of disruption in education
  15. Placement out of area
  16. 11Placement decision
  17. 12Placements outside England and Wales
  18. 13Notification of placement
  19. 14Termination of placement by the responsible authority
  20. Part 4: Provision for different types of placement
  21. Chapter 1: Placement of a child in care with P
  22. 15Application
  23. 16Effect of contact order
  24. 17Assessment of P's suitability to care for a child
  25. 18Decision to place a child with P
  26. 19Circumstances in which a child may be placed with P before assessment completed
  27. 20Support for P
  28. Chapter 2: Placement with local authority foster parents
  29. 21Interpretation
  30. 22Conditions to be complied with before placing a child with a local authority foster parent
  31. 22APlacement following consideration in accordance with section 22C(9B)(c) of the Act
  32. 22BConditions to be complied with before placing C in a long term foster placement
  33. 23Emergency placement with a local authority foster parent
  34. 24Temporary approval of relative, friend or other person connected with C Temporary approval
  35. 25Expiry of temporary approval
  36. 25ATemporary approval of prospective adopter as foster parent
  37. 26Independent fostering agencies – discharge of responsible authority functions
  38. Chapter 3: Other arrangements
  39. 27General duties of the responsible authority when placing a child in other arrangements
  40. 27AProhibition on placing a child under 16 in other arrangements
  41. 27BException to the prohibition on placing a child under 16 in other arrangements
  42. 27CProhibition on placing a child who is 16 or 17 years old in other arrangements
  43. Part 5: Visits by the responsible authority's representative etc.
  44. 28Frequency of visits
  45. 29Conduct of visits
  46. 30Consequences of visits
  47. 31Advice, support and assistance for the child
  48. Part 6: Reviews of the child's case
  49. 32General duty of the responsible authority to review the child's case
  50. 33Timing of reviews
  51. Conduct of reviews
  52. 34Local authority's policy on reviews
  53. 35Considerations to which the responsible authority must have regard
  54. 36The role of the IRO
  55. 37Arrangements for implementing decisions arising out of reviews
  56. 38Records of reviews
  57. Part 7: Arrangements made by the responsible authority for ceasing to look after a child
  58. 39ZADecision to cease looking after C Repealed
  59. 39Arrangements to be made when the responsible authority is considering ceasing to look after C
  60. Eligible children
  61. 40Meaning of eligible child
  62. 41General duties
  63. 42Assessment of needs
  64. 43The pathway plan
  65. 44Functions of the personal adviser
  66. Part 8: Independent reviewing officers and independent visitors
  67. 45Additional functions of independent reviewing officers
  68. 46Qualifications and experience of independent reviewing officers
  69. 47Independent visitors
  70. Part 8A: Application of these Regulations with modifications to children on remand
  71. 47AApplication of these Regulations with modifications to children on remand
  72. 47BApplication of these Regulations with modifications to children on remand
  73. 47CApplication of these Regulations with modifications to children on remand
  74. 47DApplication of these Regulations with modifications to children on remand
  75. 47EApplication of these Regulations with modifications to children on remand
  76. 47FApplication of these Regulations with modifications to children on remand
  77. Part 9: Miscellaneous
  78. 48Application of these Regulations with modifications to short breaks
  79. Records
  80. 49Establishment of records
  81. 49ATransfer of case records
  82. 50Retention and confidentiality of records
  83. 51Revocations
  84. Signature
  85. Schedule 1: Care plans
  86. 1Information to be included in the health plan
  87. 2Information to be included in the personal education plan
  88. 3Family and social relationships
  89. Schedule 2: Matters to be dealt with in the placement plan
  90. 1Information to be included in C's placement plan
  91. 2Additional information to be included where C is placed with P
  92. 3Additional information to be included where C is placed with F, in a children's home or in other arrangements
  93. Schedule 2A: Matters to be dealt with in the detention placement plan
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. 7Paragraph 7
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. 10Paragraph 10
  104. Schedule 3: Matters to be taken into account when assessing the suitability of P to care for C
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. Schedule 4: Matters to be taken into account when assessing the suitability of a connected person to care for C Matters to be taken into account when assessing the suitability of any person to care for C
  108. 1Paragraph 1
  109. Schedule 5: Agreement with an independent fostering agency relating to the discharge of the responsible authority's functions
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. Schedule 6: Matters to be considered before placing C in accommodation in accordance with other arrangements under section 22C(6)(d)
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. Schedule 7: Considerations to which the responsible authority must have regard when reviewing C's case
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 5AParagraph 5A
  122. 6Paragraph 6
  123. 7Paragraph 7
  124. 8Paragraph 8
  125. 9Paragraph 9
  126. 10Paragraph 10
  127. 11Paragraph 11
  128. 12Paragraph 12
  129. 13Paragraph 13
  130. 14Paragraph 14
  131. 15Paragraph 15
  132. Schedule 8: Matters to be dealt with in the pathway plan
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. 5Paragraph 5
  138. 6Paragraph 6
  139. 7Paragraph 7
  140. 8Paragraph 8
  141. 9Paragraph 9
  142. 10Paragraph 10
  143. Schedule 9: Revocations
  144. Paragraph
  145. Explanatory note