The Visits to Children in Long-Term Residential Care Regulations 2011

• Citation: S.I. 2011/1010
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Visits to Children in Long-Term Residential Care Regulations 2011 and come into force on 25th April 2011.

Section 2 Interpretation

In these Regulations—

“the 1989 Act” means the Children Act 1989;

“A” means an accommodated child within the meaning of paragraph 8A(2) of Schedule 2 to the 1989 Act ;

“R” means a representative of the responsible local authority;

“responsible local authority” means—

where a notification has been made under section 85(1) of the 1989 Act, the responsible authority as defined in section 85(3);

where a notification has been made under section 86(1) of the 1989 Act, the local authority within whose area the establishment is carried on;

“working day” means any day other than a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .

Section 3 Frequency of visits

(1) Where a notification has been made with respect to A, and A’s needs for the purposes of the 1989 Act have not been assessed by any local authority in the twelve months ending with the date of notification, the responsible local authority must make arrangements to ensure that R visits A–

(a) within seven working days of that notification, and

(b) thereafter, at intervals of not more than six months.

(2) Where A’s needs have been assessed in the twelve months ending with the date of notification, the responsible local authority must make arrangements to ensure that R visits A–

(a) within three months of that notification, and

(b) thereafter, at intervals of not more than six months.

(3) In addition to visits in accordance with paragraph (1) or (2), the responsible local authority must make arrangements to ensure that R visits A—

(a) whenever reasonably requested to do so by A, and

(b) whenever the responsible local authority is satisfied that circumstances require A to be visited in order to safeguard and promote A’s welfare.

Section 4 Circumstances of visit

On each visit, R must speak to A in private unless –

(a) A, being of sufficient age and understanding to do so, refuses,

(b) R considers it inappropriate to do so, having regard to A’s age and understanding, or

(c) R is unable to do so.

Section 5 Reports of visits

(1) R must provide a written report of each visit to the responsible local authority.

(2) R’s report must include R’s assessment of—

(a) A’s wishes and feelings about the accommodation, so far as R has been able to ascertain them,

(b) whether A’s welfare is adequately safeguarded and promoted,

(c) whether further visits by R, in addition to those set out in regulation 3(1) or (2), are required in order to safeguard and promote A’s welfare,

(d) any services which R considers appropriate to be made available with a view to promoting contact between A and A’s family, and

(e) any other steps that should be taken by the responsible local authority exercising its functions under the 1989 Act to safeguard and promote A’s welfare .

(3) The responsible local authority must give a copy of the report to—

(a) A, unless it would not be appropriate to do so, having regard to A’s age and understanding,

(b) any parent of A’s and any person who is not A’s parent but who has parental responsibility for A unless to do so would place A at risk of significant harm,

(c) where different from the responsible local authority, the local authority in whose area A is accommodated, and

(d) any other person with responsibility for safeguarding and promoting A’s welfare under the 1989 Act.