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

C's health care needs, including any physical, emotional or mental health needs and how they are to be met when C ceases to be looked after.

10

The responsible authority's contingency plans for action to be taken in the event that the pathway plan ceases to be effective for any reason.

SCHEDULE 9 — Revocations

The Regulations set out in the table are revoked—

Regulations Revoked	Series number
Contact with Children Regulations 1991	SI 1991/891
Definition of Independent Visitors (Children) Regulations 1991	SI 1991/892
Placement of Children with Parents etc Regulations 1991	SI 1991/893

Signed

Delyth Morgan — Parliamentary Under Secretary of State — 2010-03-24

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1989 c.41. Section 22C is inserted by section 8 of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”); sections 23ZA and 23ZB are inserted by sections 15 and 16 of the 2008 Act respectively; sections 23D and 23E are inserted by section 3 of the Children (Leaving Care) Act 2000 (c.35) (“the 2000 Act”), section 23D is amended by sections 23(1) and 39 of the 2008 Act and section 23E is amended by sections 22(3) and 39 of the 2008 Act; sections 25A and 25B are inserted by section 10 of the 2008 Act; section 26(1) is amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) is amended by section 118(1)(a) of the Adoption and Children Act 2002 (c. 38) and by section 10(3)(a) of the 2008 Act; section 104(4) is amended by sections 39 and 42 of the 2008 Act. Paragraphs 12A to 12G of Schedule 2 are inserted by section 8(2) and paragraph 4 of Schedule 1 to the 2008 Act; paragraph 19B of Schedule 2 is inserted by section 1 of the 2000 Act and amended by section 39 of, and paragraphs 1 and 27(1) and (3) of Schedule 3 to, the 2008 Act. The powers are expressed to be exercisable by the “appropriate national authority”, defined in section 30A (which is inserted by section 39 of the 2008 Act) as meaning, in relation to England, the Secretary of State. For the definition of “prescribed” see section 105(1) of the Children Act 1989 (“the 1989 Act”).

[^f00002]: S.I. 2002/57, amended by S.I. 2002/865, 2002/2469, 2004/664, 2006/1738, 2007/603, 2008/640, 2009/394 and 2009/1895.

[^f00003]: 2000 c.14.

[^f00004]: “Local authority” is defined in section 105(1) of the 1989 Act as, in relation to England, “the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London”.

[^f00005]: For the meaning of a child who is “looked after” see section 22(1) of the 1989 Act, as amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22), section 2 of the 2000 Act and by section 116(2) of the Adoption and Children Act 2002.

[^f00006]: 2004 c.31.

[^f00007]: “Local authority foster parent” is defined in section 22C(12) of the 1989 Act as a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to that Act. The relevant Regulations are the 2002 Regulations.

[^f00008]: Any reference to a child who in the care of an authority means a child who is in their care by virtue of a care order, see section 105(1) of the 1989 Act.

[^f00009]: Paragraph 19C of Schedule 2 was inserted by section 1 of the 2000 Act.

[^f00010]: 1996 c.56. Section 312 was amended by paragraph 23 of Schedule 7, and Schedule 8, to the Education Act 1997 (c.44), paragraphs 57 and 71 of Schedule 30 to the School Standards and Framework Act 1998 (c.31), paragraph 56 of Schedule 9 to the Learning and Skills Act 2000 (c.21), paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c.40).

[^f00011]: 1971 c.80.

[^f00012]: 2002 c.38.

[^f00013]: In the case of a child to whom section 31A applies, the court will set the timetable within which the care plan must be prepared.

[^f00014]: Section 20 of the 1989 Act was amended by section 53(2) of the Children Act 2004 and by sections 139(1) and (3) of, and paragraphs 54 and 59 of Schedule 3 to, the Adoption and Children Act 2002.

[^f00015]: The persons listed in that section are: (a) C, (b) any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, and (c) any other person whose wishes and feelings the responsible authority consider to be relevant.

[^f00016]: Section 34(1) was amended by section 139(1) of, and paragraphs 54 and 64 of Schedule 3 to, the Adoption and Children Act 2002.

[^f00017]: For the definition of “fourth key stage” see paragraph 12D(2) of Schedule 2 to the 1989 Act. Paragraph 12D was inserted by section 8(2) of, and paragraph 4 of Schedule 1 to, the 2008 Act.

[^f00018]: The “designated teacher” in the case of a maintained school means the member of staff designated by the governing body in accordance with section 20(1) of the 2008 Act. Academies, City Technology Colleges and City Colleges for the Technology of the Arts are required by their Funding Agreements to have a designated teacher. The Designated Teacher (Looked After Pupils etc.)(England) Regulations 2009 (S.I. 2009/1538) made under section 20(3) of the 2008 Act prescribe the qualifications and experience of the designated teacher.

[^f00019]: That is, the meaning given in section 434(5) of the Education Act 1996.

[^f00020]: That is, an educational institution, outside the further and higher education sectors, for providing primary and/or secondary education.

[^f00021]: ‘Relative’ is defined in section 105(1) of the 1989 Act as ‘a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent’.

[^f00022]: Section 22D is inserted by section 8 of the 2008 Act.

[^f00023]: “Registered person” is defined in regulation 2(1) of the 2002 Regulations.

[^f00024]: See the Independent Review of Determinations (Adoptions and Fostering) Regulations 2009 (S.I. 2009/395).

[^f00025]: 2000 c.14; section 30A was inserted by section 29 of the 2008 Act.

[^f00026]: “Eligible child” is defined in paragraph 19B of Schedule 2 to the 1989 Act.

[^f00027]: “Statement of special educational needs” is defined in section 324 of the Education Act 1996.

[^f00028]: Amended by section 117(2) and (3) of the 2002 Act.

[^f00029]: Inserted by section 119 of the 2002 Act.

[^f00030]: 2000 c.14.

[^f00031]: Section 18(2) is amended by sections 16(1), (2)(a) and (b) and 103(2) of, and Schedule 3, Part 2 to, the Childcare Act 2006 (c.21), and by section 2 of, and Schedule 1 paragraphs 264 and 266 to, the National Health Service (Consequential Provisions) Act 2006 (c.43).

Health care

Contact with a child in care

The Regulations set out in the table are revoked—

Regulations Revoked		Series number
Contact with Children Regulations 1991Definition of Independent Visitors (Children) Regulations 1991Placement of Children with Parents etc Regulations 1991		SI 1991/891SI 1991/892SI 1991/893

Editorial notes

[^c20224421]: 1989 c.41. Section 22C is inserted by section 8 of the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”); sections 23ZA and 23ZB are inserted by sections 15 and 16 of the 2008 Act respectively; sections 23D and 23E are inserted by section 3 of the Children (Leaving Care) Act 2000 (c.35) (“the 2000 Act”), section 23D is amended by sections 23(1) and 39 of the 2008 Act and section 23E is amended by sections 22(3) and 39 of the 2008 Act; sections 25A and 25B are inserted by section 10 of the 2008 Act; section 26(1) is amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) is amended by section 118(1)(a) of the Adoption and Children Act 2002 (c. 38) and by section 10(3)(a) of the 2008 Act; section 104(4) is amended by sections 39 and 42 of the 2008 Act. Paragraphs 12A to 12G of Schedule 2 are inserted by section 8(2) and paragraph 4 of Schedule 1 to the 2008 Act; paragraph 19B of Schedule 2 is inserted by section 1 of the 2000 Act and amended by section 39 of, and paragraphs 1 and 27(1) and (3) of Schedule 3 to, the 2008 Act. The powers are expressed to be exercisable by the “appropriate national authority”, defined in section 30A (which is inserted by section 39 of the 2008 Act) as meaning, in relation to England, the Secretary of State. For the definition of “prescribed” see section 105(1) of the Children Act 1989 (“the 1989 Act”).

[^c20224441]: 2000 c.14.

[^c20224451]: “Local authority” is defined in section 105(1) of the 1989 Act as, in relation to England, “the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London”.

[^c20224461]: For the meaning of a child who is “looked after” see section 22(1) of the 1989 Act, as amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22), section 2 of the 2000 Act and by section 116(2) of the Adoption and Children Act 2002.

[^c20224471]: 2004 c.31.

[^c20224481]: “Local authority foster parent” is defined in section 22C(12) of the 1989 Act as a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to that Act. The relevant Regulations are the 2002 Regulations.

[^c20224501]: Paragraph 19C of Schedule 2 was inserted by section 1 of the 2000 Act.

[^c20224511]: 1996 c.56. Section 312 was amended by paragraph 23 of Schedule 7, and Schedule 8, to the Education Act 1997 (c.44), paragraphs 57 and 71 of Schedule 30 to the School Standards and Framework Act 1998 (c.31), paragraph 56 of Schedule 9 to the Learning and Skills Act 2000 (c.21), paragraph 3 of Schedule 1 to the Education and Inspections Act 2006 (c.40).

[^c20224521]: 1971 c.80.

[^c20224531]: 2002 c.38.

[^c20224541]: In the case of a child to whom section 31A applies, the court will set the timetable within which the care plan must be prepared.

[^c20224551]: Section 20 of the 1989 Act was amended by section 53(2) of the Children Act 2004 and by sections 139(1) and (3) of, and paragraphs 54 and 59 of Schedule 3 to, the Adoption and Children Act 2002.

[^c20224561]: The persons listed in that section are: (a) C, (b) any parent of C's and any person who is not C's parent but who has parental responsibility for C, and (c) any other person whose wishes and feelings the responsible authority consider to be relevant.

[^c20224571]: Section 34(1) was amended by section 139(1) of, and paragraphs 54 and 64 of Schedule 3 to, the Adoption and Children Act 2002.

[^c20224581]: For the definition of “fourth key stage” see paragraph 12D(2) of Schedule 2 to the 1989 Act. Paragraph 12D was inserted by section 8(2) of, and paragraph 4 of Schedule 1 to, the 2008 Act.

[^c20224591]: The “designated teacher” in the case of a maintained school means the member of staff designated by the governing body in accordance with section 20(1) of the 2008 Act. Academies, City Technology Colleges and City Colleges for the Technology of the Arts are required by their Funding Agreements to have a designated teacher. The Designated Teacher (Looked After Pupils etc.)(England) Regulations 2009 (S.I. 2009/1538) made under section 20(3) of the 2008 Act prescribe the qualifications and experience of the designated teacher.

[^c20224601]: That is, the meaning given in section 434(5) of the Education Act 1996.

[^c20224611]: That is, an educational institution, outside the further and higher education sectors, for providing primary and/or secondary education.

[^c20224621]: ‘Relative’ is defined in section 105(1) of the 1989 Act as ‘a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent’.

[^c20224631]: Section 22D is inserted by section 8 of the 2008 Act.

[^c20224651]: See the Independent Review of Determinations (Adoptions and Fostering) Regulations 2009 (S.I. 2009/395).

[^c20224661]: 2000 c.14; section 30A was inserted by section 29 of the 2008 Act.

[^c20224681]: “Statement of special educational needs” is defined in section 324 of the Education Act 1996.

[^c20224691]: Amended by section 117(2) and (3) of the 2002 Act.

[^c20224701]: Inserted by section 119 of the 2002 Act.

[^c20224721]: Section 18(2) is amended by sections 16(1), (2)(a) and (b) and 103(2) of, and Schedule 3, Part 2 to, the Childcare Act 2006 (c.21), and by section 2 of, and Schedule 1 paragraphs 264 and 266 to, the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^key-0fe06356e87613dec2e76d93858e4a89]: Words in reg. 2(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(2) (with reg. 45)

[^key-4a5d111436c3d865567dbe92c14d0efc]: Words in reg. 2(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(i) (with reg. 45)

[^key-07b616bee5f7c49fcacfabb30f372235]: Words in reg. 6(3)(d) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(ii) (with reg. 45)

[^key-65d291f97ffcad219b8c2b9ed5758238]: Words in reg. 21(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(iii) (with reg. 45)

[^key-1803aaaba061e9544b441150963996ff]: Words in reg. 22(2)(c) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(4) (with reg. 45)

[^key-3a6afee8417b07598cbad4872c7a67a2]: Words in reg. 23(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(iv) (with reg. 45)

[^key-8b17790b470387f0b2c60b7fee27066c]: Words in reg. 24(1)(b) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(v) (with reg. 45)

[^key-9f44dfa40f0d352dc9de8d8b26383dee]: Words in reg. 24(2)(c) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(v) (with reg. 45)

[^key-183c363e1a2eb213f7546c3f891fbfbe]: Words in reg. 25(4)(b) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(vi) (with reg. 45)

[^key-6147e00a580b9e827fedf78a94d5dde0]: Words in reg. 25(6) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(vi) (with reg. 45)

[^key-c35101d3baa396282455069352881878]: Words in Sch. 2 para. 3(6) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(6) (with reg. 45)

[^key-b7a6aed99433953e9cbd1c4f9a9fa8e1]: Words in Sch. 7 para. 5 substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(7) (with reg. 45)

[^key-9f5750f897208befcd49773889b03385]: Words in reg. 46(1) substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 89

[^key-0db28f4fd1a55dbcc88d24b6dc6332f3]: Words in reg. 13(2)(f) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 151

[^key-3b9314f62f3ce9eb137bbba28f095e2d]: Pt. 8A inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 6 (with reg. 14)

[^key-4a5d0b94f599106ef7db99da7abcc034]: Sch. 2A inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 8 (with reg. 14)

[^key-25708c834a4913d8ab3238523f46b5c1]: Words in reg. 2(1) inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 3 (with reg. 14)

[^key-8fc2a0d7b55cefd5489391ada2134ec1]: Words in reg. 3 inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 4 (with reg. 14)

[^key-6071ce2dc944c411042b464acc5b246b]: Words in Sch. 1 para. 2(2) inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 7 (with reg. 14)

[^key-9d4132bd382da5bbfe1e649ea44a9553]: Reg. 25A inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 3

[^key-23ff737f6ece13f4d08c468239209a8e]: Sch. 2 para. 3(3)(a)(b) omitted (1.7.2013) by virtue of The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 4(a)

[^key-c2440ecca45ba02e9df81bbb2e3562ed]: Sch. 2 para. 3(4)-(4B) substituted for Sch. 2 para. 3(4) (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 4(b)

[^key-77a6b47a390676281a7571bc0127f689]: Sch. 7 para. 5A inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 23

[^key-31829656af3735c5905c4198c7a37dd0]: Reg. 11(1) substituted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(a)

[^key-f8fc4201ddac3794da033bda8658231a]: Words in reg. 11(2) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(b)(i)

[^key-e6c2da21f0f46c023713745ade28f287]: Reg. 11(2)(d) substituted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(b)(ii)

[^key-39a3f9f8fbd92800f110764f8fe8f04e]: Reg. 11(5) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(c)

[^key-d29f43edd8e78023afe5f518a99bbcd9]: Reg. 13(4) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 19

[^key-21324996a56c54f9196c5292063b42c0]: Reg. 33(3)(aa)-(ac) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 20(a)

[^key-6ec80f1f69f84e21607761770e90e557]: Reg. 33(4) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 20(b)

[^key-66aec5ff6879b95a87fb1fd93cac7864]: Sch. 2 para. 3(1A) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 22

[^key-83225261085489ea1b327f97ddefcbc1]: Words in reg. 2(1) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 18

[^key-39eb57b3ab0666e431b7dddcea2c0796]: Reg. 8ZA inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 10

[^key-f42ba736f183f5f456124e42a1dc4e38]: Reg. 22A inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 11

[^key-139d4aed19d62ee1897cb28023fe4d05]: Words in Sch. 1 para. 2(2) substituted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 12

[^key-ff982faa29aebb14fb6904d5c82b7fc4]: Words in Sch. 2A para. 9(e) substituted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 12

[^key-0b128ca38ce449abe6993bddeac5e97f]: Sch. 7 para. 14 inserted (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 5

[^key-b114b66d2a5bf6d63be423007ac545de]: Reg. 5(1)(f)(2) inserted (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 3(2)

[^key-df3b0bc47f2ef05f8162919d9bd22f8c]: Reg. 5 renumbered as reg. 5(1) (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 3(1)

[^key-8259f9057b8b83d716663945e16cf5e7]: Reg. 42(2)(ba) inserted (18.8.2014) by The Care Planning and Care Leavers (Amendment) Regulations 2014 (S.I. 2014/1917), regs. 1, 4

[^key-6f52b3c033cbfe910c42e4b9b6306ab8]: Words in reg. 2(1) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 33

[^key-8870f936ea2dfc67573b6d3af59bc404]: Reg. 22B inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 4

[^key-9b175548ec4226e770f9ad08a13491bb]: Sch. 7 para. 15 inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 10

[^key-60a38a787625f5f41bacdf03f96d406d]: Words in reg. 2(1) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 3

[^key-e07a868a0707e4e7fb9966184cc5d5d3]: Reg. 28(3A) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 5(a)

[^key-d164986c821858f7169d96f2aaab20ad]: Word in reg. 28(7)(a)(ii) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 5(b)

[^key-9165f4d34099a91ffa98b618f9282437]: Words in reg. 36(1)(c) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 6

[^key-66934745cc3b79c4b3aca611fc24f5b8]: Reg. 39 substituted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 7

[^key-9a6f0e310cf5a7a9daecc2c0140c8350]: Reg. 39ZA omitted (1.4.2015) by virtue of The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 8

[^key-f4cbb59309a26cfc873ba77b55076bf2]: Sch. 2 para. 3(1ZA) inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 9

[^key-4762687e99d677c7f5cbcc86f072cfba]: Words in reg. 46(1) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 22(2)

[^key-92b08807928c4b78ac75155209b2641b]: Reg. 49A inserted (5.3.2018) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/152), regs. 1, 4

[^key-fa7e34e2a071923466f367b52c0f3fe2]: Reg. 50(2)(aa) inserted (5.3.2018) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/152), regs. 1, 5

[^key-84d43e1f24a56663731a2cbbaaa2e538]: Words in reg. 2(1) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 21(2)(a)

[^key-3ee88886c57704a80dbcd9b04d1f1a66]: Words in reg. 2(1) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 21(2)(b)

[^key-a33fd04d07e33486a5aafc2e51496d84]: Words in reg. 6(3)(e) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 21(3)

[^key-8c92c19f3646bae90dba39af6d58d865]: Words in reg. 28(7)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 21(4)

[^key-643d1f4136cc15e58066eaa740a6a892]: Words in reg. 46(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 22; S.I. 2019/1436, reg. 2(b)

[^key-c056b145fc2c90572ee11bb1ca636b87]: Sch. 4 heading substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(a) (with Pts. 12, 13)

[^key-15b227656679353926b80b60a2a21875]: Words in reg. 2 omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(2) (with Pts. 12, 13)

[^key-cfee84ed4928064ff1bc01a388b00c10]: Words in reg. 5(1)(c) inserted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(3)(a) (with Pts. 12, 13)

[^key-930de77740a98a418c9b819f0cb4fc48]: Words in reg. 5(1)(e) inserted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(3)(b) (with Pts. 12, 13)

[^key-9bacb1d555c5549f0d6d0fc2693ee5fa]: Words in reg. 9(2) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(4) (with Pts. 12, 13)

[^key-6e6970789bf008fa82223e62b45c3a55]: Reg. 11(4)(a) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(5) (with Pts. 12, 13)

[^key-aea39fe4dcb59c2b464c3652024c64e0]: Words in reg. 18(1) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(6) (with Pts. 12, 13)

[^key-80303ad1c97589c0e4e05c820a9d7455]: Words in reg. 19(b) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(7) (with Pts. 12, 13)

[^key-aabd9087ef30f81e1a40931d3a74ce53]: Reg. 22A(2) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(8)(a) (with Pts. 12, 13)

[^key-e3bfeeaf219f5664df53c863ec54a861]: Words in reg. 22A(3) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(8)(b) (with Pts. 12, 13)

[^key-50fd8b39fc976ea8705b549a99a18e71]: Reg. 22B(2)(a) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(9) (with Pts. 12, 13)

[^key-2ab93c5ae00d2a9ae78db4690439933f]: Words in reg. 23 substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(10) (with Pts. 12, 13)

[^key-9bb0241b5a832eb1e8374c894de20286]: Reg. 24 heading substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(a) (with Pts. 12, 13)

[^key-edcbb8c5dd804055fb624bf91f1f532f]: Reg. 24(1) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(a) (with Pts. 12, 13)

[^key-9db2a18576febd546642538e86355450]: Words in reg. 24(2) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(b) (with Pts. 12, 13)

[^key-c3fb8ea3ee10d61b18277f8c7ef7df04]: Reg. 24(3) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(c) (with Pts. 12, 13)

[^key-ead5459b44cd273c68d798cf29d89927]: Words in reg. 25 omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(12) (with Pts. 12, 13)

[^key-4bb13da152cb8cc97c219c76f2d0cdd8]: Words in reg. 33(2) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(14) (with Pts. 12, 13)

[^key-3b737e6af40158abd8d1e2cd1514fedf]: Reg. 36(2) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(15) (with Pts. 12, 13)

[^key-40331d21f2abd3e134e2d4e5b34b2f50]: Words in reg. 42(2)(c) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(16) (with Pts. 12, 13)

[^M_F_29cda4c5-0eb8-4aa9-9e9e-5800bd991d9c]: Words in reg. 47C(3) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(17) (with Pts. 12, 13)

[^key-3e94a347a396544d1dc48a1364a54185]: Word in Sch. 4 para. 1 omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(b) (with Pts. 12, 13)

[^key-d2ad6cfaf1fb602314544d7f527602b9]: Word in Sch. 4 para. 1(d)(i) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(c) (with Pts. 12, 13)

[^key-09b7bccc997bf744eb97f26aabc9ba44]: Word in Sch. 4 para. 1(d)(v) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(d) (with Pts. 12, 13)

[^key-6caf6d3e1c955923b9ac9e6e50b9b41c]: Sch. 4 para. 1(e)(v) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(e) (with Pts. 12, 13)

[^key-5d192fdeafeac56503bc0ab20437a249]: Word in Sch. 4 para. 1(h) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(19)(f) (with Pts. 12, 13)

[^key-ba75ed29ee647f7d158922fe88360f52]: Regs. 27A, 27B inserted (9.9.2021) by The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 (S.I. 2021/161), regs. 1, 4

[^key-339f904080c86ac062f802d6e91ea094]: Sch. 6 heading substituted (9.9.2021) by The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 (S.I. 2021/161), regs. 1, 5

[^key-b29784a9460f94b13935b7229b732d50]: Words in reg. 27 substituted (9.9.2021) by The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 (S.I. 2021/161), regs. 1, 3(a)

[^key-ef3f7fe4069d909935eeae7ed9b64fa5]: Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

[^key-a221c6c1d1c49979038996addd191d4d]: Reg. 27C inserted (28.10.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(3), 36(3) (with reg. 44)

[^key-c46e2cb5ec6ff097a8bb2399dbbd849d]: Reg. 27(a) substituted (28.10.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(3), 36(2) (with reg. 44)

[^key-e92e5b8b1812eb68aa326336c7fe4364]: Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

PART 8A — Application of these Regulations with modifications to children on remand

Application of these Regulations with modifications to children on remand

47A

• (1) These Regulations apply with the modifications set out in this Part while C is—

• (a) remanded to local authority accommodation, or

• (b) remanded to youth detention accommodation (“YDA”).

• (2) In these Regulations—

• (a) where C is remanded to local authority accommodation, or to YDA, references to “the responsible authority” are to be read as if they were references to the local authority designated by the court under section 92(2) or section 102(6), as the case may be, of the 2012 Act,

• (b) where C is remanded to YDA, references to C being “placed” are to be read as if they were references to C being so remanded,

• (c) where C is remanded to YDA, references to the “placement plan” (and where C is a looked after child only by reason of being so remanded, references to the “care plan”) are to be read as if they were references to the “detention placement plan”.

47B

• (1) Part 2 (arrangements for looking after a child) applies with the following modifications.

• (2) Where C is a looked after child only by reason of being remanded to local authority accommodation—

• (a) in regulation 4(2), the care plan must be prepared within five working days of C being so remanded, and

• (b) regulation 5(a) does not apply.

• (3) Where C is remanded to YDA and was a looked after child immediately before being so remanded—

• (a) regulation 5(c) does not apply, and instead the care plan must include a detention placement plan,

• (b) in regulation 6(3), the responsible authority must also give a copy of the care plan to the director, governor or registered manager (as the case may be) of the YDA,

• (c) regulation 7(1) to (4) does not apply.

• (4) Where C is a looked after child only by reason of being remanded to YDA—

• (a) regulation 5 does not apply, and instead the responsible authority must prepare a detention placement plan, which also includes details of the wishes and feelings of the persons listed in section 22(4) about the detention placement plan that have been ascertained and considered in accordance with section 22(4) and (5), and the wishes and feelings of those persons in relation to any change, or proposed change, to the detention placement plan,

• (b) regulation 7(1) to (4) does not apply, and regulation 7(5) applies with the modification that for “health plan” there is substituted “detention placement plan”.

47C

• (1) Part 3 (placements) applies with the following modifications.

• (2) Where C is remanded to YDA, regulations 9, 10, 11 and 14 do not apply, and instead—

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

• (i) sets out how the YDA will meet C’s needs, and

• (ii) includes the address of the YDA and all the matters specified in Schedule 2A,

• (b) the responsible authority must ensure—

• (i) that C’s wishes and feelings have been ascertained and given due consideration,

• (ii) where C was looked after immediately before being so remanded, that the IRO has been informed of the remand,

• (c) the detention placement plan must be agreed with, and signed by, the director, governor or registered manager (as the case may be) of the YDA.

• (3) Where C is remanded to local authority accommodation, regulation 9(1) applies with the modification that the placement plan must be prepared within five working days ofas soon as is reasonably practicable from C being so remanded.

47D

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.