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Care placement - application of regulations with modifications for short breaks Duty
- Description
- In certain circumstances these regulations apply with modifications.
The circumstances are that:
(a)C is not in the care of the responsible authority,
(b)the responsible authority have arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and
(c)the arrangement is such that—
(i) at the end of each placement, C returns to the care of C's parent or a person who is not C's parent but who has parental responsibility for C, and
(ii) the short breaks do not exceed 75 days in total in any period of 12 months.
The modifications are that:
(a)regulations 5 and 9 do not apply, but instead the care plan must set out the arrangements made to meet C’s needs with particular regard to—
(i)C’s health and emotional and behavioural development, in particular in relation to any disability C may have,
(ii)promoting contact between C and C’s parents and any other person who is not C’s parent but who has parental responsibility for C, during any period when C is placed,
(iii)C’s leisure interests, and
(iv)promoting C’s educational achievement,and must include the name and address of C’s registered medical practitioner, and the information set out in paragraph 3 of Schedule 2, where appropriate,
(b)regulations 7, 13 and 49(2)(b) do not apply,
(c) regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C at regular intervals during any short break to be agreed with the IRO and C's parents (or any person who is not C's parent but has parental responsibility for C),
(d) regulation 33 does not apply, but instead the responsible authority must first review C's case as soon as is reasonably practicable from the start of the first placement, and subsequent reviews must be carried out at regular intervals during any short break,
(e) any visit required by this regulation may be conducted by telephone, video-link or other electronic means
- Modified
- 10 Feb 2022
- Status
- Live
- is found in the following lists
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- requires
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