OpenLegislation

Regulation 58 Modifications to Part 3

England and Wales

(1)

Part 3 applies with the following modifications.

(2)

Where C a looked after child only by reason of being remanded to YDA, regulations 10, 11, 12 and 15 do not apply, and instead—

(a)

the responsible authority must prepare a plan for the remand (“the detention placement plan”) within 10 working days of C's remand to YDA which—

(i)

sets out how the prison, YDA or premises in which C is required to reside will meet C's needs, and

(ii)

includes the name and address of the YDA and the matters specified in Schedule 10.

(3)

Where C is remanded to YDA and was a looked after child immediately before being so remanded or, where C is detained—

(a)

regulations 10, 11, 12 and 15 do not apply, and instead the responsible authority must prepare a detention placement plan in accordance with sub-paragraph (b);

(b)

the responsible authority must prepare a detention placement plan for the remand or detention (which will be included within C's care and support plan) within 10 working days of C's remand to YDA or detention, which—

(i)

sets out how the prison, YDA or premises in which C is required to reside will meet C's needs, and

(ii)

includes, as appropriate, the name and address of the prison, YDA, or premises in which C is required to reside and the matters specified in Schedule 10;

(c)

the IRO must be informed of the remand or detention.

(4)

Where C falls within paragraph (2) or (3)—

(a)

the responsible authority must ensure that C's views, wishes and feelings have been ascertained and given due consideration;

(b)

the detention placement plan must be agreed with and signed by the director, governor, or registered manager (as the case may be) of the prison or YDA. or the premises in which C is required to reside.

(5)

Where C is remanded to local authority accommodation, regulation 10(1) applies with the modification that the placement plan must be prepared within 5 working days of C being so remanded.