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

Part 4 (provision for different types of placement) does not apply where C is remanded to YDA.

47E

Part 5 (visits by the responsible authority’s representative etc.) applies with the modification that in regulation 28(7)(a), the responsible authority must also ensure that R visits C, where C is remanded to YDA, whenever reasonably requested to do so by the director, governor or registered manager (as the case may be) of the YDA.

47F

Part 6 (reviews) applies with the modification that in regulation 35, the considerations to which the responsible authority must have regard in reviewing C’s case where C is remanded to YDA, are set out in paragraphs 1, 4, and 6 to 13, of Schedule 7 (considerations to which the responsible authority must have regard when reviewing C’s case).

SCHEDULE 2A — Matters to be dealt with in the detention placement plan

1

How on a day to day basis C will be cared for and C’s welfare will be safeguarded and promoted by the staff of the YDA.

2

Any arrangements made for contact between C and any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, and between C and any other connected person including, if appropriate—

• (a) the reasons why contact with any such person would not be reasonably practicable or would not be consistent with C’s welfare,

• (b) if C is not in the care of the responsible authority, details of any order made under section 8,

• (c) if C is in the care of the responsible authority, details of any order relating to C made under section 34,

• (d) the arrangements for notifying any changes in the arrangements for contact.

3

The arrangements made for R to visit C in accordance with Part 5, the frequency of visits and the arrangements made for advice, support and assistance to be available to C between visits in accordance with regulation 31.

4

If an independent visitor is appointed, the arrangements made for them to visit C.

5

The arrangements made by the staff of the YDA for C’s health (including physical, emotional and mental health) and dental care.

6

The arrangements made by staff of the YDA for C’s education and training including—

• (a) the name and address of any educational or training institution C was attending, or any other person providing C with education or training, immediately before his detention,

• (b) where C has a statement of special educational needs, details of the local authority that maintains the statement.

7

C’s personal history, religious persuasion, cultural and linguistic background, and racial origin, and the arrangement put in place by the staff of the YDA for meeting C’s religious, cultural or linguistic needs.

8

The arrangements put in place by the staff of the YDA for supporting C to develop self-care skills.

9

The name and contact details of—

• (a) the IRO,

• (b) C’s independent visitor (if one is appointed),

• (c) R,

• (d) if C is an eligible child, the personal adviser appointed for C,

• (e) the person appointed under section 22(3B) of the 1989 Act for the purpose of discharging the responsible authority’s duty under section 22(3A) (duty to promote the educational achievement of children looked after by the authority).

10

Details of how C’s welfare should be adequately safeguarded and promoted when C ceases to be remanded to YDA, in particular—

• (a) whether C will be provided with accommodation by the responsible authority or another local authority, and

• (b) whether any other services should be provided by the responsible authority or another local authority in the exercise of their duties under the 1989 Act.

Temporary approval of prospective adopter as foster parent

25A

• (1) Where the responsible authority is satisfied that—

• (a) the most appropriate placement for C is with a person who is not approved as a local authority foster parent, but who is an approved prospective adopter, and

• (b) it is in C’s best interests to be placed with that person,

the responsible authority may approve that person as a local authority foster parent in relation to C for a temporary period (“temporary approval period”) provided that the responsible authority first comply with the requirements of paragraph (2).

• (2) Before approving an approved prospective adopter as a local authority foster parent under paragraph (1), the responsible authority must—

• (a) assess the suitability of that person to care for C as a foster parent, and

• (b) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan.

• (3) The temporary approval period expires—

• (a) on C’s placement with the approved prospective adopter being terminated by the responsible authority,

• (b) on the approved prospective adopter’s approval as a prospective adopter being terminated,

• (c) on the approved prospective adopter being approved as a foster parent in accordance with the Fostering Services Regulations,

• (d) if the approved prospective adopter gives written notice to the responsible authority that they no longer wish to be temporarily approved as a foster parent in relation to C, with effect from 28 days from the date on which the notice is received by the responsible authority, or

• (e) on C being placed for adoption with the approved prospective adopter in accordance with the Adoption and Children Act 2002.

• (4) In this regulation “approved prospective adopter” means a person who has been approved as suitable to adopt a child under the Adoption Agencies Regulations 2005 and whose approval has not been terminated.

Independent fostering agencies – discharge of responsible authority functions

Decision to cease looking after C

39ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements for ceasing to look after a child who is not an eligible child

5A

Whether C’s placement safeguards and promotes C’s welfare, and whether any safeguarding concerns have been raised.

8ZA

When considering whether contact between C and any of the persons mentioned in paragraphs (a) to (d) of section 34(1) of the 1989 Act is consistent with safeguarding and promoting C’s welfare, the responsible authority must have regard to C’s care plan.

Placement following consideration in accordance with section 22C(9B)(c) of the Act

22A

• (1) This regulation applies where the responsible authority decides to place C in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of the 1989 Act.

• (2) The decision to place C must not be put into effect until it has been approved by a nominated officer, and the responsible authority have prepared a placement plan for C.

• (3) Before approving a decision under paragraph (2), the nominated officer must— Before making a placement under paragraph (1), the responsible authority must—

• (a) be satisfied that the placement is the most appropriate placement available for C and will safeguard and promote C’s welfare;

• (b) be satisfied that the requirements of regulation 9(1)(b) have been complied with; and

• (c) if their whereabouts are known to the responsible authority, notify the parent or guardian of C of the proposed placement.

Emergency placement with a local authority foster parent

Temporary approval of relative, friend or other person connected with C

Expiry of temporary approval

Temporary approval of prospective adopter as foster parent

Independent fostering agencies – discharge of responsible authority functions

14

Where C falls within regulation 5(1)(f), whether C’s needs as a result of that status are being met.

Conditions to be complied with before placing C in a long term foster placement

22B

• (1) This regulation applies where the responsible authority propose to place C with F in a long term foster placement.

• (2) The responsible authority may only place C with F if—

• (a) the responsible authority have prepared a placement plan for C,

• (b) the requirements of regulation 9(1)(b)(i) have been complied with,

• (c) the placement will safeguard and promote C’s welfare,

• (d) the IRO has been consulted,

• (e) C’s relatives have been consulted, where appropriate, and

• (f) F intends to act as C’s foster parent until C ceases to be looked after.

Emergency placement with a local authority foster parent

Temporary approval of relative, friend or other person connected with C Temporary approval

Expiry of temporary approval

Temporary approval of prospective adopter as foster parent

Independent fostering agencies – discharge of responsible authority functions

Arrangements to be made when the responsible authority is considering ceasing to look after C

15

Whether the delegation of authority to make decisions about C’s care and upbringing, if any, recorded in C’s care plan by virtue of paragraph 3(4A) of Schedule 2, continues to be appropriate and in C’s best interests.

Transfer of case records

49A

The responsible authority may transfer a copy of C’s case record (or part of that record) to an adoption agency when it considers this to be in the interests of C, and a written record shall be kept of any such transfer.

Retention and confidentiality of records

Prohibition on placing a child under 16 in other arrangements

27A

A responsible authority may only place a child under 16 in accommodation in accordance with other arrangements under section 22C(6)(d), where the accommodation is—

• (a) in relation to placements in England, in—

• (i) a care home;

• (ii) a hospital as defined in section 275(1) of the National Health Service Act 2006;

• (iii) a residential family centre as defined in section 4(2) of the Care Standards Act;

• (iv) a school within the meaning of section 4 of the Education Act 1996 providing accommodation that is not registered as a children’s home;

• (v) an establishment that provides care and accommodation for children as a holiday scheme for disabled children as defined in regulation 2(1) of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013;

• (b) in relation to placements in Wales—

• (i) accommodation provided by a care home service, within the meaning of paragraph 1(1) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (“the RISCWA 2016”);

• (ii) in a hospital as defined in section 206(1) of the National Health Service (Wales) Act 2006;

• (iii) accommodation provided by a residential family centre service, within the meaning of paragraph 3(1) of Schedule 1 to the RISCWA 2016;

• (iv) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation together with nursing or care that does not constitute a care home service;

• (c) in relation to placements in Scotland—

• (i) in a residential establishment, within the meaning of paragraph (a) of the definition in section 93(1) of the Children (Scotland) Act 1995;

• (ii) accommodation provided by the Scottish public fostering service, within the meaning of paragraph 10(a) of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (“the PSR(S)A 2010”);

• (iii) accommodation provided by a care home service, within the meaning of paragraph 2 of Schedule 12 to the PSR(S)A 2010;

• (iv) accommodation provided by a school care accommodation service, within the meaning given by or under paragraph 3 of Schedule 12 to the PSR(S)A 2010;

• (v) in a hospital as defined in section 108(1) of the National Health Service (Scotland) Act 1978.

Exception to the prohibition on placing a child under 16 in other arrangements

27B

• (1) Subject to paragraph (2), a responsible authority placing an unaccompanied asylum seeking child whose age is uncertain and who claims to be 16 or 17 may place that child in accommodation in accordance with other arrangements under section 22C(6)(d).

• (2) Where that child is later assessed as being under 16, a responsible authority may not leave the child in such accommodation where that accommodation is not specified in regulation 27A for longer than 10 working days beginning with the day on which the child’s age has been assessed as being under 16.

• (3) In this regulation, an unaccompanied asylum seeking child has the same meaning as in regulation 5(1)(f)(ii).

Prohibition on placing a child who is 16 or 17 years old in other arrangements

27C

• (1) A responsible authority may only place a child who is 16 or 17 years old in accommodation in accordance with other arrangements under section 22C(6)(d), where the accommodation—

• (a) is supported accommodation, as defined in regulation 2 of the Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022, that is provided by a supported accommodation undertaking—

• (i) in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or

• (ii) where regulation 44 of the Supported Accommodation (England) Regulations 2023 applies to the person carrying on the undertaking, or

• (b) is excepted accommodation.

• (2) Excepted accommodation is accommodation—

• (a) in relation to placements in England—

• (i) in a care home as defined in section 3 of the Care Standards Act 2000;

• (ii) in an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992;

• (iii) in a 16 to 19 Academy as defined in section 1B of the Academies Act 2010;

• (iv) in a hospital as defined in section 275(1) of the National Health Service Act 2006;

• (v) in a residential family centre as defined in section 4(2) of the Care Standards Act 2000;

• (vi) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation that is not registered as a children’s home;

• (vii) in an establishment that provides care and accommodation for children as a residential holiday scheme for disabled children as defined in regulation 2(1) of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013;

• (b) in relation to placements in Wales—

• (i) provided by a care home service within the meaning of paragraph 1(1) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (“the RISCWA 2016”);

• (ii) in a hospital as defined in section 206(1) of the National Health Service (Wales) Act 2006;

• (iii) provided by a residential family centre service within the meaning of paragraph 3(1) of Schedule 1 to the RISCWA 2016;

• (iv) in a school within the meaning of section 4 of the Education Act 1996 providing accommodation together with nursing or care that does not constitute a care home service;

• (v) provided by an institution within the further education sector, as defined in section 91(3) of the Further and Higher Education Act 1992 providing accommodation and care that does not constitute a care home service;

• (c) in relation to placements in Scotland—

• (i) in a residential establishment within the meaning of paragraph (a) of the definition in section 93(1) of the Children (Scotland) Act 1995;

• (ii) provided by the Scottish public fostering service within the meaning of paragraph 10(a) of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (“the PSR(S)A 2010”);

• (iii) provided by a care home service within the meaning of paragraph 2 of Schedule 12 to the PSR(S)A 2010;

• (iv) provided by a school care accommodation service within the meaning given by or under paragraph 3 of Schedule 12 to the PSR(S)A 2010;

• (v) in a hospital as defined in section 108(1) of the National Health Service (Scotland) Act 1978;

• (vi) in an establishment that provides fundable further education or fundable higher education, as defined in section 5 of the Further and Higher Education (Scotland) Act 2005.