Citation, commencement and application

1. —(1) These Regulations may be cited as the Review of Children’s Cases (Amendment)(England) Regulations 2004 and shall come into force on 27th September 2004.

(2) These Regulations apply only to England.

Amendment of the Review of Children’s Cases Regulations 1991

2. —(1)The Review of Children’s Cases Regulations 1991( 2 ) are amended as follows.

(2) After regulation 2 insert–

“ Independent reviewing officers

2A. —(1) Each responsible authority must appoint a person (“the independent reviewing officer”) in respect of each case to carry out the functions mentioned in section 26(2A) of the Act, which are—

(a) participating in the review of the case in question;

(b) monitoring the performance of the authority’s functions in respect of the review;

(c) referring the case to an officer of the Children and Family Court Advisory and Support Service ( 3 ) , if the independent reviewing officer considers it appropriate to do so.

(2) The independent reviewing officer must be registered as a social worker in a register maintained by the General Social Care Council under section 56 of the Care Standards Act 2000 ( 4 ) or in a corresponding register maintained under the law of Scotland or Northern Ireland.

(3) The independent reviewing officer must, in the opinion of the responsible authority, have sufficient relevant social work experience to undertake the functions mentioned in paragraph (1) in relation to the case.

(4) A person who is an employee of the responsible authority may not be appointed as an independent reviewing officer in a case if he is involved in the management of the case or is 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.

(5) The independent reviewing officer must—

(a) as far as reasonably practicable attend any meeting held in connection with the review of the child’s case; and

(b) chair any such meeting that he attends.

(6) 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 arrangements in accordance with regulation 8 is brought to the attention of persons at an appropriate level of seniority within the responsible authority.

(7) If the child whose case is reviewed wishes to take proceedings under the Act on his own account, for example to apply to the court for contact or for 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. ” .

(3) For regulation 3 substitute—

“ Time when each case to be reviewed

3. —(1) Each case must first be reviewed within four weeks of the date on which the child begins to be looked after or provided with accommodation by the responsible authority.

(2) The second review must be carried out no more than three months after the first and thereafter subsequent reviews must be carried out no more than six months after the date of the previous review.

(3) A review must be carried out before the time specified in paragraph (1) or (2) if the independent reviewing officer so directs.

(4) This regulation is subject to regulation 11 (application of regulations to short periods. ” .

(4) After regulation 8 insert—

“ Independent reviewing officer to be notified of failure to implement etc.

8A. The responsible authority must inform the independent reviewing officer of—

(a) any significant failure to make arrangements in accordance with regulation 8; or

(b) any significant change of circumstances occurring after the review that affects those arrangements. ” .