Appointment of IRO - CA 1989 s. 25A
Local authorities must appoint an IRO for each looked-after child before first review under s.26, fill vacancies promptly.
25A If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case. The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26. If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable. An appointee must be of a description prescribed in regulations made by the Secretary of State .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision requires a local authority to appoint an independent reviewing officer (IRO) for every child it is looking after. 'Looking after' means the child is in care or accommodated by the authority. The IRO must be appointed before the child's first statutory review, which is carried out under regulations made under section 26. If the IRO leaves or a vacancy arises, the authority must appoint a new one as soon as is practicable. The description of who can be an IRO is set out in regulations made by the Secretary of State.
When it applies
- A child is placed in foster care; the local authority must appoint an IRO before the first statutory review.
- The IRO resigns; the authority must find a replacement IRO as soon as possible.
- A child moves to a different local authority's care; the new authority must appoint an IRO promptly.
- A social worker schedules the first review but no IRO has been appointed yet; this violates the requirement.
What this section does not say
- What the IRO actually does (functions are covered by s.25B).
- What happens if no IRO is appointed (no specific penalty is stated here).
- Children who are not looked after, such as those receiving support under section 17.
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This page reproduces the text of CA 1989 s. 25A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.