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Regulation 15 Contact and access to communications

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The registered person shall—

(a)

subject to paragraphs (6) and (8), promote the contact of each child with his parents, relatives and friends in accordance with the arrangements set out in his placement plan; and

(b)

subject to paragraph (3), ensure that suitable facilities are provided within the children’s home for any child accommodated there to meet privately at any reasonable time with his parents, relatives and friends, and the persons listed in paragraph (2).

(2)

The persons are—

(a)

any solicitor or other adviser or advocate acting for the child;

(b)

any officer of the Children and Family Court Advisory and Support Servicef1 appointed for him;

(c)

any social worker for the time being assigned to the child by his placing authority;

(d)

any person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 1991f2;

(e)

any person appointed as a visitor for him in accordance with paragraph 17 of Schedule 2 to the 1989 Act;

(f)

any person authorised by the Commission;

(g)

any person authorised by the local authority in whose area the children’s home is situated;

(h)

any person authorised in accordance with section 80(2) of the 1989 Act by the Secretary of State to conduct an inspection of the children’s home and the children there.

(3)

In the case of a home in respect of which a certificate under section 51 of the 1989 Act is in force, the facilities may be at a different address.

(4)

Subject to paragraphs (6) and (8), the registered person shall ensure that children accommodated in the home are provided at all reasonable times with access to the following facilities which they may use without reference to persons working in the home—

(a)

a telephone on which to make and receive telephone calls in private; and

(b)

facilities to send and receive post and, if the necessary facilities are provided for the use of children accommodated in the home, electronic mail, in private.

(5)

The registered person shall ensure that any disabled child accommodated in the home is provided with access to such aids and equipment which he may require as a result of his disability in order to facilitate his communication with others.

(6)

The registered person may (subject to paragraphs (7) and (8)) impose such restriction, prohibition or condition upon a child’s contact with any person under paragraph (1) or access to communications under paragraph (4) which he is satisfied is necessary for the purpose of safeguarding or promoting the welfare of the child in question.

(7)

No measure may be imposed by the registered person in accordance with paragraph (6) unless—

(a)

the child’s placing authority consents to the imposition of the measure; or

(b)

the measure is imposed in an emergency, and full details are given to the placing authority within 24 hours of its imposition.

(8)

This regulation is subject to the provisions of any relevant order of the court relating to contact between the child and any person.

Annotations

Footnotes

f1

The Children and Family Court Advisory and Support Service (CAFCASS) is established by Chapter II of Part I of the Criminal Justice and Court Services Act 2000 (c. 43). Officers of CAFCASS are appointed for children in specified proceedings (section 41 of the 1989 Act).

f2

S.I.1991/894 as amended by S.I. 1991/2033, S.I. 1993/3069, and S.I. 2001/2874.