# The Review of Children’s Cases (Wales) Regulations 2007, Regulation 3: Independent Reviewing Officers


(1) Each responsible authority must appoint a person (“the independent reviewing officer”) in respect of each case to carry out the following functions—
(a) participating in the review of the case in question;
(b) monitoring the performance of that authority’s functions in respect of the review;
(c) refer the case to a Welsh Family Proceedings Officer or an officer of the Children and Family Court Advisory and Support Service, where the child is ordinarily resident in England, if the independent reviewing officer considers it appropriate to do so.
(2) The independent reviewing officer must have significant experience in social work and hold a Diploma in Social Work or a Social Work Degree or an equivalent qualification recognised by the Care Council for Wales.
(3) The independent reviewing officer must be registered as a social worker in a register maintained by the Care Council for Wales or by the General Social Care Council, under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland.
(4) Where an independent reviewing officer carries out functions under these regulations in Wales and is registered as a social worker in a register other than that maintained by the Care Council for Wales, he or she must register as a social worker with the Care Council for Wales for the period in which he or she carries out those functions.
(5) Where the independent reviewing officer is an employee of the responsible authority the independent reviewing officer’s post within that authority must not be under the direct management of—
(a) a person involved in the management of the case;
(b) a person with management responsibilities in relation to a person mentioned in sub-paragraph (a); or
(c) a person with control over the resources allocated to the case.
(6) The independent reviewing officer must as far as reasonably practicable chair any meeting held to consider the child’s case in connection with the review of that case.
(7) The independent reviewing officer must, as far as reasonably practicable, take steps to ensure that the review is conducted in accordance with these Regulations and in particular to ensure—
(a) that the child’s views are understood and taken into account;
(b) that the persons responsible for implementing any decision taken in consequence of the review are identified; and
(c) that any failure to review the case in accordance with these Regulations or to take proper steps to make or carry out arrangements in accordance with regulation 9 is brought to the attention of persons at an appropriate level of seniority within the responsible authority.
(8) In the case of a child who wishes to take proceedings under the Act, for example to apply to the court for contact or for a discharge of a care order, it is the function of the independent reviewing officer—
(a) to assist the child to obtain legal advice; or
(b) to establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child’s behalf.

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Source: https://www.legislation.gov.uk/wsi/2007/307/regulation/3 (the official version)
Page: https://openlegislation.uk/review-of-childrens-cases-wales-regulations-2007/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.