OpenLegislation

Regulation 4 Practice reviews

Original text. Later amendments are not shown.

(1)

A Board must undertake a practice review in accordance with this regulation.

(2)

The purpose of a practice review is to identify any steps that can be taken by Safeguarding Board partners or other bodies to achieve improvements in multi-agency child and adult protection practice.

(3)

A Board must undertake a concise practice review in any of the following cases, where within the area of the Board, abuse or neglect of a child or adult is known or suspected and—

(a)

the child or adult has—

(i)

died, or

(ii)

sustained potentially life threatening injury, or

(iii)

sustained serious and permanent impairment of health or development; and

(b)

in respect of a child, the child was neither on the child protection register nor was a looked after child on any date during the 6 months preceding—

(i)

the date the event referred to in sub-paragraph (a)(i) or (a)(ii), or

(ii)

where sub-paragraph (a)(iii) applies, the date on which a local authority, person or body referred to in section 28 of the Children Act 2004)f1 or a body mentioned in section 175 of the Education Act 2002f2 identifies that a child has sustained serious and permanent impairment of health and development; and

(c)

in respect of an adult, that adult has not been, on any date during the 6 months preceding the date of the event referred to in in sub-paragraph (a), a person in respect of whom a local authority has determined to take action to protect from abuse or neglect in accordance with section 32(1)(b)(i) of the Act following enquiries by a local authority under section 126(2) of the Act.

(4)

A Board must undertake an extended practice review in any of the following cases where, within the area of the Board, abuse of a child or adult is known or suspected and—

(a)

the child or adult has—

(i)

died, or

(ii)

sustained potentially life threatening injury, or

(iii)

sustained serious and permanent impairment of health or development; and

(b)

in respect of a child, the child was on the child protection register and/or the child was a looked after child on any date during the 6 months preceding—

(i)

the date of the event referred to in sub-paragraph (a)(i) or (a)(ii), or

(ii)

where sub-paragraph (a)(iii) applies, the date on which a local authority, person or body referred to in section 28 of the Children Act 2004 or body mentioned in section 175 of the Education Act 2002 identifies that a child has sustained serious and permanent impairment of health and development; and

(c)

in respect of an adult, that adult has been, on any date during the 6 months preceding the date of the event referred to in sub-paragraph (a), a person in respect of whom a local authority has determined to take action to protect from abuse or neglect in accordance with section 32(1)(b)(i) of the Act following enquiries by a local authority under section 126(2) of the Act.

(5)

In undertaking a practice review a Board must—

(a)

ask each representative body to provide the Board with information in writing about its involvement with the child or adult who is the subject of the review;

(b)

ensure that the perspective of the child or adult who is the subject of the review is obtained and that the subject’s perspective contributes to the review process, so far as practicable and appropriate to the circumstances of the case;

(c)

ensure that the perspectives of members of the family or the appointed representative of the child or adult who is the subject of the review are obtained and these perspectives contribute to the review process, so far as practicable and appropriate to the circumstances of the case;

(d)

hold a multi-agency learning event following receipt of the written information referred to in sub-paragraph (a);

(e)

in the case of a concise practice review, ensure that the multi-agency learning event referred to sub-paragraph (d) is organised and facilitated by a single reviewer appointed by the Board;

(f)

in the case of an extended practice review, ensure that the multi-agency learning event referred to in sub-paragraph (d) is organised and facilitated by two reviewers appointed by the Board;

(g)

ensure that any reviewer referred to in sub-paragraph (e) or (f) is independent of direct involvement in case work or case management in respect of the child or adult who is the subject of the review;

(h)

produce a practice review report which recommends what action (if any) is required to be taken following the multi-agency learning event;

(i)

ensure that the practice review report does not reveal the identity or whereabouts of the child or adult who is the subject of the review or that of the subject’s family;

(j)

produce an action plan detailing action to be taken by the representative bodies to implement the recommendations of the practice review report;

(k)

provide a copy of the practice review report and action plan to the Welsh Ministers and to the National Board;

(l)

make the practice review report publicly available;

(m)

undertake periodic progress reviews on the implementation of the action plan;

(n)

provide a written report to the Welsh Ministers and to the National Board following any progress review referred to in sub-paragraph (m), reporting on progress in implementing the action plan and the impact on child or adult protection policy and practice in Wales;

(o)

have regard to any guidance given to it by the Welsh Ministers, in exercising its functions under this regulation.

(6)

In this regulation “appointed representative” (“cynrychiolydd penodedig”) means a person who has authority to speak or act on behalf of a child or an adult.

Annotations

Footnotes

f1

2004 c. 31.

f2

2002 c. 32.