Role of independent reviewing officer CA 1989 s. 25B
Section 25B defines duties of independent reviewing officers to monitor local authority care functions, involve children, and refer cases to Cafcass.
25B The independent reviewing officer must— monitor the performance by the local authority of their functions in relation to the child's case; participate, in accordance with regulations made by the Secretary of State , in any review of the child's case; ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority; perform any other function which is prescribed in regulations made by the Secretary of State . An independent reviewing officer's functions must be performed— in such manner (if any) as may be prescribed in regulations made by the Secretary of State ; and having regard to such guidance as that authority may issue in relation to the discharge of those functions. If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to— an officer of the Children and Family Court Advisory and Support Service; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority— to co-operate with that individual; and to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.
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 section sets out the statutory duties of an independent reviewing officer in relation to a looked-after child's case. The officer must monitor how the local authority carries out its functions for the child, participate in statutory case reviews, ensure the child's wishes and feelings are given due consideration, and carry out any additional functions prescribed by Secretary of State regulations.
The officer must perform these duties following regulations and official guidance issued by the relevant authority. If the independent reviewing officer considers it appropriate, they have the statutory discretion to refer the child's case to an officer of the Children and Family Court Advisory and Support Service.
When the independent reviewing officer is not an employee of the local authority, the local authority has a duty to co-operate with them. The authority must take all reasonable steps requested by the officer to enable them to carry out their duties satisfactorily.
When it applies
- An independent reviewing officer monitors whether a local authority is implementing the care plan agreed for a looked-after child.
- An independent reviewing officer ensures that a child's stated preference regarding their placement is properly considered during a review.
- An independent reviewing officer refers a child's case to Cafcass due to concerns over local authority failure to meet the child's needs.
- An independent contractor acting as an reviewing officer requests case files from the local authority to perform a statutory review.
What this section does not say
- The initial appointment and qualification requirements of an independent reviewing officer, which are covered under section 25A.
- How Cafcass handles or disposes of cases referred to them by reviewing officers, which is governed by section 25C.
- General local authority duties regarding case reviews and representations, which are governed by section 26.
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This page reproduces the text of CA 1989 s. 25B 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.