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Made | 14th January 2002 | ||
Laid before Parliament | 15th January 2002 | ||
Coming into force | 1st April 2002 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | Statement of purpose and children's guide |
4. | Review of statement of purpose and children's guide |
5. | Fostering agency - fitness of provider |
6. | Fostering agency - appointment of manager |
7. | Fostering agency - fitness of manager |
8. | Registered person - general requirements |
9. | Notification of offences |
10. | Local authority fostering service - manager |
11. | Independent fostering agencies - duty to secure welfare |
12. | Arrangements for the protection of children |
13. | Behaviour management and absence from foster parent's home |
14. | Duty to promote contact |
15. | Health of children placed with foster parents |
16. | Education, employment and leisure activities |
17. | Support, training and information for foster parents |
18. | Independent fostering agencies - complaints and representations |
19. | Staffing of fostering service |
20. | Fitness of workers |
21. | Employment of staff |
22. | Records |
23. | Fitness of premises |
24. | Establishment of fostering panel |
25. | Meetings of fostering panel |
26. | Functions of fostering panel |
27. | Assessment of prospective foster parents |
28. | Approval of foster parents |
29. | Reviews and terminations of approval |
30. | Case records relating to foster parents and others |
31. | Register of foster parents |
32. | Retention and confidentiality of records |
33. | General duty of responsible authority |
34. | Making of placements |
35. | Supervision of placements |
36. | Termination of placements |
37. | Short-term placements |
38. | Emergency and immediate placements by local authorities |
39. | Placements outside England |
40. | Independent fostering agencies - discharge of local authority functions |
41. | Local authority visits to children placed by voluntary organisations |
42. | Review of quality care |
43. | Notifiable events |
44. | Financial position |
45. | Notice of absence |
46. | Notice of changes |
47. | Appointment of liquidators etc. |
48. | Offences |
49. | Compliance with regulations |
50. | Transitional provisions |
51. | Revocation |
1. | Information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service |
2. | Records to be kept by fostering service providers |
3. | Information as to prospective foster parent and other members of his household and family |
4. | Offences specified for the purposes of regulation 27(7)(b) |
5. | Matters and obligations in foster care agreements |
6. | Matters and obligations in foster placement agreements |
7. | Matters to be monitored by the registered person in respect of a fostering agency |
8. | Events and notifications |
(b) except in Part V of these Regulations includes a placement arranged by an independent fostering agency acting on behalf of a local authority,
and references to a child who is placed shall be construed accordingly;
(2) In these Regulations, a reference -
(3) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, but do not include allowing a person to act as a foster parent, and references to an employee or to a person being employed shall be construed accordingly.
Statement of purpose and children's guide
3.
- (1) The fostering service provider shall compile, in relation to the fostering service, a written statement (in these Regulations referred to as "the statement of purpose") which shall consist of -
(2) The fostering service provider shall provide a copy of the statement of purpose to the Commission[7] and shall make it available, upon request, for inspection by -
(3) The fostering service provider shall produce a written guide to the fostering service (in these Regulations referred to as "the children's guide") which shall include -
(c) the address and telephone number of the Commission.
(4) The fostering service provider shall provide a copy of the children's guide to the Commission, to each foster parent approved by the fostering service provider and (subject to his age and understanding), to each child placed by it.
(5) Subject to paragraph (6) of this regulation the fostering service provider shall ensure that the fostering service is at all times conducted in a manner which is consistent with its statement of purpose.
(6) Nothing in paragraph (5) shall require or authorise the fostering service provider to contravene or not comply with -
Review of statement of purpose and children's guide
4.
The fostering service provider shall -
(b) is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
(c) is an organisation and -
(3) The requirements are that -
(4) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 1 is not available to an individual because any provision of the Police Act 1997[9] has not been brought into force.
(5) A person shall not carry on a fostering agency if -
Fostering agency - appointment of manager
6.
- (1) The registered provider shall appoint an individual to manage the fostering agency.
(2) Where the registered provider is -
(3) The registered provider shall forthwith notify the Commission of -
Fostering agency - fitness of manager
7.
- (1) A person shall not manage a fostering agency unless he is fit to do so.
(2) A person is not fit to manage a fostering agency unless -
(c) full and satisfactory information is available in relation to him -
(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 1 is not available to an individual because any provision of the Police Act 1997[10] has not been brought into force.
Registered person - general requirements
8.
- (1) The registered provider and the registered manager shall, having regard to -
carry on or manage the fostering agency (as the case may be) with sufficient care, competence and skill.
(2) If the registered provider is -
from time to time such training as is appropriate to ensure that he has the experience and skills necessary for carrying on the fostering agency.
(3) The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary for managing the fostering agency.
Notification of offences
9.
Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Commission of -
Local authority fostering service - manager
10.
- (1) Each local authority shall appoint one of its officers to manage the local authority fostering service, and shall forthwith notify the Commission of -
(2) Regulations 7, 8 and 9 shall apply to the manager of a local authority fostering service, in relation to that service, as they apply to the manager of a fostering agency in relation to the fostering agency.
(3) The local authority shall forthwith notify the Commission if the person appointed under paragraph (1) ceases to manage the local authority fostering service.
Arrangements for the protection of children
12.
- (1) The fostering service provider shall prepare and implement a written policy which -
(2) The procedure under paragraph (1)(b) shall, subject to paragraph (3), provide in particular for -
regarding any concern about child welfare or safety.
(3) Sub-paragraphs (a), (c) and (f)(i) of paragraph (2) do not apply to a local authority fostering service.
(4) In this regulation "child protection enquiries" means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the 1989 Act relating to the protection of children.
Behaviour management and absence from foster parent's home
13.
- (1) The fostering service provider shall prepare and implement a written policy on acceptable measures of control, restraint and discipline of children placed with foster parents.
(2) The fostering service provider shall take all reasonable steps to ensure that -
(3) The fostering service provider shall prepare and implement a written procedure to be followed if a child is absent from a foster parent's home without permission.
Duty to promote contact
14.
The fostering service provider shall, subject to the provisions of the foster placement agreement and any court order relating to contact, promote contact between a child placed with a foster parent and his parents, relatives and friends unless such contact is not reasonably practicable or consistent with the child's welfare.
Health of children placed with foster parents
15.
- (1) The fostering service provider shall promote the health and development of children placed with foster parents.
(2) In particular the fostering service provider shall ensure that -
Education, employment and leisure activities
16.
- (1) The fostering service provider shall promote the educational attainment of children placed with foster parents.
(2) In particular the fostering service provider shall -
(3) The fostering service provider shall ensure that any education it provides for any child placed with foster parents who is of compulsory school age but not attending school is efficient and suitable to the child's age, ability, aptitude, and any special educational needs he may have.
(4) The fostering service provider shall ensure that foster parents promote the leisure interests of children placed with them.
(5) Where any child placed with foster parents has attained the age where he is no longer required to receive compulsory full-time education, the fostering service provider shall assist with the making of, and give effect to, the arrangements made for his education, training and employment.
Support, training and information for foster parents
17.
- (1) The fostering service provider shall provide foster parents with such training, advice, information and support, including support outside office hours, as appears necessary in the interests of children placed with them.
(2) The fostering service provider shall take all reasonable steps to ensure that foster parents are familiar with, and act in accordance with the policies established in accordance with regulations 12(1) and 13(1) and (3).
(3) The fostering service provider shall ensure that, in relation to any child placed or to be placed with him, a foster parent is given such information, which is kept up to date, as to enable him to provide appropriate care for the child, and in particular that each foster parent is provided with appropriate information regarding -
Independent fostering agencies - complaints and representations
18.
- (1) Subject to paragraph (7), the registered person in respect of an independent fostering agency[12] shall establish a written procedure for considering complaints made by or on behalf of children placed by the agency and foster parents approved by it.
(2) The procedure shall, in particular, provide -
(3) A copy of the procedure shall be supplied on request to any of the persons mentioned in paragraph (2)(e).
(4) The copy of the procedure supplied under paragraph (3) shall include -
(5) The registered person shall ensure that a written record is made of any complaint or representation, the action taken in response to it, and the outcome of the investigation.
(6) The registered person shall ensure that -
(7) The registered person shall supply to the Commission at its request a statement containing a summary of any complaints made during the preceding twelve months and the action taken in response.
(8) This regulation (apart from paragraph (5)) does not apply in relation to any matter to which the Representations Procedure (Children) Regulations 1991[13] applies.
Staffing of fostering service
19.
The fostering service provider shall ensure that there is, having regard to -
a sufficient number of suitably qualified, competent and experienced persons working for purposes of the fostering service.
Fitness of workers
20.
- (1) The fostering service provider shall not -
(2) This paragraph applies to any person who is employed by a person other than the fostering service provider in a position in which he may in the course of his duties have regular contact with children placed by the fostering service.
(3) For the purposes of paragraph (1), a person is not fit to work for the purposes of a fostering service unless -
(4) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 1 is not available to an individual because any provision of the Police Act 1997[14] has not been brought into force.
(5) The fostering service provider shall take reasonable steps to ensure that any person working for a fostering service who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.
(6) Subject to regulation 50(7), the fostering service provider shall not employ to work for the purposes of the fostering service in a position to which paragraph (7) applies, a person who is -
(7) This paragraph applies to any management, social work or other professional position, unless in the case of a position which is not a management or a social work position, the work is undertaken on an occasional basis, as a volunteer, or for no more than 5 hours in any week.
Employment of staff
21.
- (1) The fostering service provider shall -
(2) The fostering service provider shall operate a disciplinary procedure which, in particular -
(3) For the purposes of paragraph (2)(b), an appropriate person is -
(b) in the case of an employee of an independent fostering agency, an officer of the responsible authority;
(c) in the case of an employee of a fostering agency, an officer of the local authority in whose area the agency is situated.
(4) The fostering service provider shall ensure that all persons employed by him -
Records with respect to fostering services
22.
- (1) The fostering service provider shall maintain and keep up to date the records specified in Schedule 2.
(2) The records referred to in paragraph (1) shall be retained for at least 15 years from the date of the last entry.
Fitness of premises
23.
- (1) The fostering service provider shall not use premises for the purposes of a fostering service unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.
(2) A fostering service provider shall ensure -
(3) Subject to paragraph (5), the fostering panel shall consist of no more than 10 members including the person appointed under paragraph (2) and shall include -
(c) in the case of a local authority fostering service, at least one elected member of the local authority; and
(d) at least four other persons (in this regulation referred to as "independent members"), including at least one person who is, or within the previous two years has been, a foster parent for a fostering service provider other than the one whose fostering panel is being established.
(4) The fostering service provider shall appoint a member of the fostering panel who will act as chair if the person appointed to chair the panel is absent or his office is vacant ("the vice chair").
(5) A fostering panel may be established jointly by any two but not more than three fostering service providers, and if such a fostering panel is established -
(6) A fostering panel member shall hold office for a term not exceeding three years, and may not hold office for the panel of the same fostering service provider for more than two consecutive terms.
(7) Any panel member may resign his office at any time by giving one month's notice in writing to the fostering service provider.
(8) Where a fostering service provider is of the opinion that any member of the fostering panel is unsuitable or unable to remain in office, it may terminate his office at any time by giving him notice in writing.
(9) A person shall not be appointed as an independent member of a fostering panel if -
(10) For the purposes of paragraph (9)(e), a person ("person A") is related to another person ("person B") if he is -
Meetings of fostering panel
25.
- (1) Subject to paragraph (3), no business shall be conducted by a fostering panel unless at least five of its members, including the person appointed to chair the panel, or the vice chair, at least one of the social workers employed by the fostering service and at least two of the independent members, meet as a panel.
(2) A fostering panel shall make a written record of its proceedings and the reasons for its recommendations.
(3) In the case of a joint fostering panel, no business shall be conducted unless at least six of its members, including the person appointed to chair the panel, or the vice chair, and one social worker from each fostering service, meet as a panel.
Functions of fostering panel
26.
- (1) The functions of the fostering panel in respect of cases referred to it by the fostering service provider are -
(d) to consider any case referred to it under regulation 28(8) or 29(9).
(2) The fostering panel shall also -
(3) In this regulation "recommend" means recommend to the fostering service provider.
Assessment of prospective foster parents
27.
- (1) The fostering service provider shall carry out an assessment of any person whom it considers may be suitable to become a foster parent, in accordance with this regulation.
(2) If the fostering service provider considers that a person may be suitable to act as a foster parent it shall -
(3) Paragraph (2)(c) does not apply where the fostering service provider is a local authority and the applicant lives in the area of that authority.
(4) The report referred to in paragraph (2)(e) shall include the following matters in relation to the prospective foster parent -
(5) Subject to paragraph (6), a person shall not be regarded as suitable to act as a foster parent if he or any member of his household aged 18 or over -
(6) The fostering service provider may regard a person to whom paragraph (5) would, apart from this paragraph apply, as suitable to act or to continue to act, as the case may be, as a foster parent in relation to a particular named child or children if the fostering service provider is satisfied that the welfare of that child or those children requires it, and either -
(7) In this regulation "specified offence" means -
the expression "offence against a child" has the meaning given to it by section 26(1) of the Criminal Justice and Court Services Act 2000[17] except that it does not include an offence contrary to sections 6, 12 or 13 of the Sexual Offences Act 1956 (sexual intercourse with a girl aged 13 to 16, buggery, or indecency between men)[18] in a case where the offender was under the age of 20 at the time the offence was committed.
Approval of foster parents
28.
- (1) A fostering service provider shall not approve a person who has been approved as a foster parent by another fostering service provider, and whose approval has not been terminated.
(2) A fostering service provider shall not approve a person as a foster parent unless -
(3) A fostering service provider shall in deciding whether to approve a person as a foster parent and as to the terms of any approval, take into account the recommendation of its fostering panel.
(4) No member of its fostering panel shall take part in any decision made by a fostering service provider under paragraph (3).
(5) If a fostering service provider decides to approve a person as a foster parent it shall -
(6) If a fostering service provider considers that a person is not suitable to act as a foster parent it shall -
(7) If the fostering service provider does not receive any representations within the period referred to in paragraph (6)(b), it may proceed to make its decision.
(8) If the fostering service provider receives any written representations within the period referred to in paragraph (6)(b), it shall -
(9) As soon as practicable after making the decision referred to in paragraph (7) or (8)(b) as the case may be, the fostering service provider shall notify the prospective foster parent in writing and -
Reviews and terminations of approval
29.
- (1) The fostering service provider shall review the approval of each foster parent in accordance with this regulation.
(2) A review shall take place not more that a year after approval, and thereafter whenever the fostering service provider considers it necessary, but at intervals of not more than a year.
(3) When undertaking a review, the fostering service provider shall -
(4) At the conclusion of the review the fostering service provider shall prepare a written report, setting out whether -
(5) The fostering service provider shall on the occasion of the first review under this regulation, and may on any subsequent review, refer its report to the fostering panel for consideration.
(6) If the fostering service provider decides, taking into account any recommendation made by the fostering panel, that the foster parent and his household continue to be suitable and that the terms of his approval continue to be appropriate, it shall give written notice to the foster parent of its decision.
(7) If, taking into account any recommendation made by the fostering panel, the fostering service provider is no longer satisfied that the foster parent and his household continue to be suitable, or that the terms of the approval are appropriate, it shall -
(8) If the fostering service provider does not receive any representations within the period referred to in paragraph (7)(b), it may proceed to make its decision.
(9) If the fostering service provider receives any written representations within the period referred to in paragraph (7)(b), it shall -
(10) As soon as practicable after making the decision referred to in paragraph (8) or (9)(b), the fostering service provider shall give written notice to the foster parent stating, as the case may be -
(11) A foster parent may give notice in writing to the fostering service provider at any time that he no longer wishes to act as a foster parent, whereupon his approval is terminated with effect from 28 days from the date on which the notice is received by the fostering service provider.
(12) A copy of any notice given under this regulation shall be sent to the responsible authority for any child placed with the foster parent (unless the responsible authority is also the fostering service provider), and the area authority.
Case records relating to foster parents and others
30.
- (1) A fostering service provider shall maintain a case record for each foster parent approved by it which shall include copies of the documents specified in paragraph (2) and the information specified in paragraph (3).
(2) The documents referred to in paragraph (1) are, as the case may be -
(3) The information referred to in paragraph (1) is, as the case may be -
(4) A local authority shall maintain a case record for each person with whom a child is placed under regulation 38(2) which shall include in relation to that person -
(5) The fostering service provider shall compile a record for each person whom it does not approve as a foster parent, or who withdraws his application prior to approval, which shall included in relation to him -
Register of foster parents
31.
- (1) The fostering service provider shall enter, in a register kept for the purpose, the particulars specified in paragraph (2) and in the case of a local authority fostering service, it shall also enter the particulars specified in paragraph (3).
(2) The particulars are -
(3) Each local authority shall enter in its register -
Retention and confidentiality of records
32.
- (1) The records compiled in relation to a foster parent under regulation 30(1), and any entry relating to him in the register maintained under regulation 31(1) shall be retained for at least 10 years from the date on which his approval is terminated.
(2) The records compiled by a local authority under regulation 30(4) in relation to a person with whom a child is placed under regulation 38(2), and any entry relating to such a person in the register maintained under regulation 31(1), shall be retained for at least 10 years from the date on which the placement is terminated.
(3) The records compiled under regulation 30(5) shall be retained for at least 3 years from the refusal or withdrawal, as the case may be, of the application to become a foster parent.
(4) The requirement in paragraphs (1) to (3) may be complied with by retaining the original written records or copies of them, or by keeping all or part of the information contained in them in some other accessible form such as a computer record.
(5) Any records or register maintained in accordance with regulation 30 or 31 shall be kept securely and may not be disclosed to any person except in accordance with -
Making of placements
34.
- (1) Except in the case of an emergency or immediate placement under regulation 38, a responsible authority may only place a child with a foster parent if -
(b) the terms of his approval are consistent with the proposed placement; and
(c) he has entered into a foster care agreement.
(2) The conditions referred to in paragraph (1)(a)(ii) are -
(3) Before making a placement, the responsible authority shall enter into a written agreement (in these regulations referred to as the "foster placement agreement") with the foster parent relating to the child, which covers the matters specified in Schedule 6.
Supervision of placements
35.
- (1) A responsible authority shall satisfy itself that the welfare of each child placed by it continues to be suitably provided for by the placement, and for that purpose the authority shall make arrangements for a person authorised by the authority to visit the child, in the home in which he is placed -
(2) In the case of an immediate placement under regulation 38, the local authority shall arrange for the child to be visited at least once in each week during the placement.
(3) On each occasion on which the child is visited under this regulation the responsible authority shall ensure that the person it has authorised to carry out the visit -
Termination of placements
36.
- (1) A responsible authority shall not allow the placement of a child with a particular person to continue if it appears to them that the placement is no longer the most suitable way of performing their duty under (as the case may be) section 22(3) or 61(1)(a) and (b) of the Act.
(2) Where it appears to an area authority that the continuation of a placement would be detrimental to the welfare of the child concerned, the area authority shall remove the child forthwith.
(3) An area authority which removes a child under paragraph (2) shall forthwith notify the responsible authority.
Short-term placements
37.
- (1) This regulation applies where a responsible authority has arranged to place a child in a series of short-term placements with the same foster parent and the arrangement is such that -
(2) A series of short-term placements to which this regulation applies may be treated as a single placement for the purposes of these Regulations, but with the modifications set out in paragraphs (3) and (4).
(3) Regulation 35(1)(c)(i) and (ii) shall apply as if they required arrangements to be made for visits to the child on a day when he is in fact placed ("a placement day") -
(4) Regulation 41 shall apply as if it required arrangements to be made for visits to the child on a placement day within the first seven placement days of a series of short-term placements.
Emergency and immediate placements by local authorities
38.
- (1) Where a child is to be placed in an emergency, a local authority may for a period not exceeding 24 hours place the child with any foster parent approved by the local authority or any other fostering service provider provided that -
(2) Where a local authority are satisfied that the immediate placement of a child is necessary, they may place the child with a person who is not a foster parent after interviewing him, inspecting the accommodation and obtaining information about other persons living in his household, for a period not exceeding six weeks, provided that -
(3) The duties referred to in paragraphs (1)(a) and (2)(b) are -
(4) Where a local authority make a placement under this regulation outside their area they shall notify the area authority.
Placements outside England
39.
- (1) A voluntary organisation shall not place a child outside the British Islands[19].
(2) Where a responsible authority makes arrangements to place a child outside England it shall ensure, so far as reasonably practicable, that the requirements which would have applied under these Regulations had the child been placed in England, are complied with.
(3) In the case of a placement by a local authority outside England or Wales, paragraph (2) is subject to the provisions of paragraph 19 of Schedule 2 to the 1989 Act (arrangements to assist children to live abroad).
Independent fostering agencies - discharge of local authority functions
40.
- (1) A local authority may make arrangements in accordance with this regulation for the duties imposed on it as a responsible authority by regulations 34, 35, 36(1) and 37 and where paragraph (3) applies, 33(b) to be discharged on its behalf by a registered person.
(2) Subject to paragraph (3), no arrangements may be made under this regulation in respect of a particular child, unless a local authority has performed its duties under regulation 33 in relation to that child.
(3) Where a local authority makes arrangements with a registered person for the registered person to provide foster parents for the purposes of a short-term placement within the meaning of regulation 37(1), the local authority may also make arrangements for the registered person to perform the local authority's duty under regulation 33(b) in relation to that placement on its behalf.
(4) No arrangements may be made under this regulation unless a local authority has entered into a written agreement with the registered person which sets out -
(5) Where a local authority proposes to make an arrangement under this regulation in respect of a particular child the local authority shall enter into an agreement with the registered person in respect of that child which sets out -
(6) A foster parent with whom a child is placed in accordance with arrangements made under this regulation is, in relation to that placement, to be treated for the purposes of paragraph 12(d) of Schedule 2 to the 1989 Act as a local authority foster parent.
(7) A local authority shall report to the Commission any concerns it may have about the services provided by a registered person.
(8) In this regulation "registered person" means a person who is the registered person in respect of an independent fostering agency.
(2) Every local authority shall ensure that a person carrying out a visit in accordance with paragraph (1) -
(3) A local authority shall report to the Commission any concerns it may have about the voluntary organisation.
(2) The registered person shall supply to the Commission a report in respect of any review conducted by him for the purposes of paragraph (1) and make a copy of the report available upon request to the persons mentioned in regulation 3(2).
(3) The system referred to in paragraph (1) shall provide for consultation with foster parents, children placed with foster parents, and their responsible authority (unless, in the case of a fostering agency which is a voluntary organisation, it is also the responsible authority).
Notifiable events
43.
- (1) If, in relation to a fostering agency, any of the events listed in column 1 of the table in Schedule 8 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.
(2) Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.
Financial position
44.
- (1) The registered provider shall carry on the fostering agency in such manner as is likely to ensure that it will be financially viable for the purpose of achieving the aims and objectives set out in its statement of purpose.
(2) The registered provider shall -
(3) The registered provider shall, if the Commission so requests, provide the Commission with such information as it may require for the purpose of considering the financial viability of the fostering agency, including -
(4) In this regulation one company is associated with another if one of them has control of the other, or both are under the control of the same person.
Notice of absence
45.
- (1) Where the registered manager proposes to be absent from the fostering agency for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.
(2) Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence is to start, or within such shorter period as may be agreed with the Commission, and the notice shall specify -
(3) Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence, specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).
(4) Where the registered manager has been absent from the fostering agency for a continuous period of 28 days or more, and the Commission has not been given notice of the absence, the registered person shall without delay give notice in writing to the Commission specifying the matters mentioned in paragraph (2).
(5) The registered person shall notify the Commission of the return to duty of the registered manager not later than 7 days after the date of his return.
Notice of changes
46.
- (1) The registered person shall give notice in writing to the Commission as soon as it is practicable to do so if any of the following events takes place or is proposed to take place -
(f) where the registered provider is an individual, a trustee in bankruptcy is appointed or he makes any composition or arrangement with his creditors; or
(g) where the registered provider is a company, or a partnership, a receiver, manager, liquidator or provisional liquidator is appointed in respect of the registered provider.
(2) The registered provider shall notify the Commission in writing and without delay of the death of the registered manager.
Appointment of liquidators etc.
47.
- (1) Any person to whom paragraph (2) applies shall -
(2) This paragraph applies to any person appointed as -
Offences
48.
- (1) A contravention or failure to comply with any of the provisions of regulations 3 to 23 and 42 to 46 shall be an offence.
(2) The Commission shall not bring proceedings against a person in respect of any contravention or failure to comply with those regulations unless -
(3) Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying -
(4) The Commission may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 22 or 32, and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.
Compliance with regulations
49.
Where there is more than one registered person in respect of a fostering agency, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
(3) This paragraph applies to an independent fostering agency which is carried on by a voluntary organisation, which has, before the coming into force of these Regulations, duly made an application for registration under Part II of the 2000 Act.
(4) Where a local authority looking after a child is satisfied that the child should be placed with foster parents, they may make arrangements, subject to paragraph (5), for the duties imposed on them by regulations 34, 35, 36(1) and 37 to be discharged on their behalf by the voluntary organisation to which paragraph (3) applies ("an unregistered independent voluntary provider") -
(5) A local authority may not make arrangements under paragraph (4) unless they -
(b) enter into a written agreement with the unregistered independent voluntary provider about the arrangements, providing for consultation and exchange of information and reports between the local authority and the unregistered independent voluntary agency.
(6) Paragraphs (2) and (4) are subject to the provisions of Article 2 of, and sub-paragraphs (5) and (6) of paragraph 15 of Schedule 1 to, the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional Provisions) Order 2001 (application by the Commission to a justice of the peace)[21].
(7) Regulation 20(6) shall not apply to any person to whom it would, apart from this regulation apply, if he is on 1st April 2002 already employed by a fostering service provider in a position to which paragraph (7) of that regulation applies.
Revocation
51.
The following Regulations are revoked -
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State, Department of Health
14th January 2002
including, where applicable, the matters specified in sections 113(3A) or 115(6A) of that Act[29].
3.
Two written references, including a reference from the person's most recent employer, if any.
4.
Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.
5.
Documentary evidence of any relevant qualification.
6.
A full employment history, together with a satisfactory written explanation of any gaps in employment.
7.
Details of any criminal offences -
2.
A record showing in respect of each person working for the fostering service provider -
3.
A record of all accidents occurring to children whilst placed with foster parents.
in relation to each member of the household aged 18 or over, details of any criminal offences such as are mentioned in sub-paragraphs (i) and (ii) of paragraph 13(b).
8.
Not to administer corporal punishment to any child placed with him.
9.
To ensure that any information relating to a child placed with him, to the child's family or to any other person, which has been given to him in confidence in connection with a placement is kept confidential and is not disclosed to any person without the consent of the fostering service provider.
10.
To comply with the terms of any foster placement agreement.
11.
To care for any child placed with him as if the child were a member of the foster parent's family and to promote his welfare having regard to the long and short-term plans for the child.
12.
To comply with the policies and procedures of the fostering service provider issued under regulations 12 and 13.
13.
To co-operate as reasonably required with the Commission and in particular to allow a person authorised by the Commission to interview him and visit his home at any reasonable time.
14.
To keep the fostering service provider informed about the child's progress and to notify it immediately of any significant events affecting the child.
15.
To allow any child placed with him to be removed from his home if regulation 36 applies.
2.
The responsible authority's arrangements for the financial support of the child during the placement.
3.
The arrangements for giving consent to the medical or dental examination or treatment of the child.
4.
The circumstances in which it is necessary to obtain in advance the approval of the responsible authority for the child to take part in school trips, or to stay overnight away from the foster parent's home.
5.
The arrangements for visits to the child by the person authorised by or on behalf of the responsible authority, and the frequency of visits and reviews under the Review of Children's Cases Regulations 1991[45].
6.
The arrangements for the child to have contact with his parents and any other specified persons, and details of any court order relating to contact.
7.
Compliance by the foster parent with the terms of the foster care agreement.
8.
Co-operation by the foster parent with the responsible authority regarding any arrangements it makes for the child.
Column 1 | Column 2 | |||||
Event: | To be notified to: | |||||
Commission | Responsible authority | Secretary of State | Area authority | Police | Health Authority | |
Death of a child placed with foster parents | yes | yes | yes | yes | yes | |
Referral to the Secretary of State pursuant to section 2(1)(a) of the Protection of Children Act 1999[46] of an individual working for a fostering service | yes | yes | ||||
Serious illness or serious accident of a child placed with foster parents | yes | yes | ||||
Outbreak at the home of a foster parent of any infectious disease which in the opinion of a registered medical practitioner attending the home is sufficiently serious to be so notified | yes | yes | yes | |||
Allegation that a child placed with foster parents has committed a serious offence | yes | yes | ||||
Involvement or suspected involvement of a child placed with foster parents in prostitution | yes | yes | yes | yes | ||
Serious incident relating to a child placed with foster parents necessitating calling the police to the foster parent's home | yes | yes | ||||
Absconding by a child placed with foster parents | yes | |||||
Any serious complaint about any foster parent approved by the fostering agency | yes | yes | ||||
Instigation and outcome of any child protection enquiry involving a child placed with foster parents | yes | yes |
By section 4(4) of the 2000 Act, "fostering agency" means either an undertaking which discharges functions of local authorities in connection with the placing of children with foster parents (in these Regulations called "an independent fostering agency"), or a voluntary organisation which places children with foster parents under section 59(1) of the Children Act (an agency within the meaning of section 4(4)(b)). An independent fostering agency may, but need not, be carried on by a voluntary organisation, and if so, it may in some cases, also be an agency within the meaning of section 4(4)(b).
Part II of the 2000 Act provides for the registration and inspection of establishments and agencies, including fostering agencies, by the National Care Standards Commission ("the Commission"). Part III of the 2000 Act provides for the inspection of the fostering functions of local authorities by the Commission. These will not be registered, but the Act provides for failings to be reported to the Secretary of State. Parts II and III of the 2000 Act (so far as not already in force) will be brought into force in relation to fostering agencies and local authority fostering services on 1st April 2002.
These Regulations are intended to establish, so far as possible, a common framework for fostering services, whether provided by local authorities, voluntary organisations, or independent fostering agencies acting under delegation arrangements ("fostering services").
By regulation 3, each fostering service must have a statement of purpose setting out the aims and objectives of the service and the facilities and services to be provided, and a children's guide. The fostering service must be carried on in a manner which is consistent with the statement of purpose.
Regulations 5 to 10 make provision about the persons carrying on and managing the fostering service, and require a manager to be appointed for the service (regulations 6 and 10). The fitness of the provider of a fostering agency and of the manager of a fostering service is provided for, in particular by reference to the matters prescribed in Schedule 1. Where the provider of a fostering agency is an organisation, it must nominate a responsible individual who must satisfy the requirements as to fitness. Regulation 8 imposes general requirements in relation to the proper conduct of a fostering service, and as to training.
Part III makes provision about the conduct of a fostering service, in particular, as to child protection, behaviour, contact, health and education, and support for foster parents. Provision is also made about the staffing of fostering services, the fitness of workers and premises, and record keeping. Provision is made as to the promotion of child welfare by, and complaints in respect of, independent fostering agencies (regulations 11 and 18).
Part IV deals with the approval of foster parents by fostering services. It requires a fostering panel to be established in respect of each fostering service (regulations 24 to 26). Regulation 27 sets out the procedure for the assessment of persons wishing to become foster parents, and makes provision as to the circumstances in which persons may not be considered suitable to act as foster parents. Regulations 28 and 29 provide for the approval, review of approval and termination of approval of foster parents. Regulations 30 to 32 provide for records and a register to be kept.
Part V deals with the placement of children with foster parents by local authorities and voluntary organisations ("responsible authorities"). Regulations 33 to 36 impose general requirements on responsible authorities as to the making, supervision and termination of placements, and regulations 37 and 38 make specific provision about short-term placements, and emergency and immediate placements by local authorities. Relations between a local authority and an independent fostering agency are governed by regulation 40.
Part VI (regulation 41) provides for visits to be made by an officer of the local authority to children who are placed with foster parents by voluntary organisations (section 62 of the 1989 Act).
Part VII makes miscellaneous provision regarding fostering agencies. The registered person is required to monitor the matters set out in Schedule 7 relating to the quality of care provided (regulation 42), and to give notice of the events listed in Schedule 8 to the persons mentioned in that Schedule (regulation 43). Regulation 44 imposes requirements relating to the agency's financial position. Regulations 45 to 47 provide for the giving of notices to the Commission and the appointment of liquidators.
Regulation 48 provides for offences in relation to fostering agencies. A breach of the regulations specified in regulation 48(1) may found an offence on the part of the registered person. However, no prosecution may be brought unless the Commission has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action the Commission considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months.
Regulation 50 makes transitional provision. These Regulations apply to local authority fostering services on their coming into force. By regulation 50 (1) and (2) they will also apply to a voluntary organisation which places children with foster parents under section 59 of the 1989 Act, which has duly applied to the Commission for registration as a fostering agency by 1st April 2002. These Regulations do not apply to an independent fostering agency until it is registered, but sub-paragraphs (3) to (5) of this regulation allow a local authority to delegate certain duties to an independent fostering agency which has by 1st April 2002 applied to the Commission for registration. Regulation 50(7) disapplies regulation 20(6) (which limits the circumstances in which a person who is approved as a foster parent by a fostering service may also be employed to work for the purposes of the service), in certain cases.
[2] 1989 c. 41. These powers are exercisable by the Secretary of State in relation to England. Their exercise in relation to Wales has been transferred to the National Assembly for Wales by virtue of article 2 of, and the entry for the Children Act 1989 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] See section 22(9) of the Care Standards Act 2000 for the requirement to consult.back
[6] By section 121(4) of the 2000 Act the person who carries on a fostering agency falling within section 4(4)(b) of that Act (a voluntary organisation which places children with foster parents under section 59(1) of the 1989 Act) is the voluntary organisation itself.back
[7] By virtue of section 6(1) of the 2000 Act, the Commission means the National Care Standards Commission established under that Act.back
[8] The current Regulations are the Representations Procedure (Children) Regulations 1991 (S.I. 1991/894, as amended by S.I. 1991/2033, S.I. 1993/3069, and S.I. 2001/2874).back
[9] 1997 c. 50. See the footnotes to paragraph 2 of Schedule 1.back
[10] See footnote to regulation 6(4).back
[11] Similar duties already apply to a fostering agency within the meaning of section 4(4)(b) of the 2000 Act by virtue of section 61 of the Children Act 1989, and to a local authority by virtue of section 22 of the Children Act.back
[12] Representations, including complaints, about the discharge of a local authority's functions under Part III of the 1989 Act and about the provision by a voluntary organisation of accommodation to any child who is not looked after by a local authority, are provided for by sections 26(3) to (8), and 59(4) of the 1989 Act, and the Representations Procedure (Children) Regulations 1991 (S.I. 1991/894, as amended by S.I. 1991/2033, S.I. 1993/3069 and S.I. 2001/2874).back
[13] See footnote to regulation 18(1).back
[14] See footnote to regulation 6(4).back
[19] "British Islands" are defined in the Interpretation Act 1978 (c. 30) as meaning the United Kingdom, the Channel Islands and the Isle of Man.back
[20] See Section 121(4) of the Care Standards Act 2000.back
[21] S.I. 2001/3852 (c. 125).back
[27] 1997 c. 50 section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104 on a date to be appointed. Sections 113 and 115, as amended, have not yet been brought into force.back
[28] A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.back
[29] Sections 113(3A) and 115(6A) are added to the Police Act 1997 by section 8 of the Protection of Children Act 1999 (c. 14) on a date to be appointed, and amended by sections 104 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000.back
[31] S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I. 1986/2268 and S.I. 2001/1192.back
[32] Registration for child minding or day care is provided for by Part XA of the 1989 Act in respect of England and Wales and Part X of that Act in respect of Scotland.back
[33] See the footnotes to paragraph 2 of Schedule 1.back
[35] S.I. 1975/1023. Relevant amendments have been made by S.I. 1986/1249, S.I. 1986/2268 and S.I. 2001/1192.back
[38] 1982 c. 45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988(c. 33).back
[42] S.I. 1978/1047 (N.I.17).back
[43] S.I. 1980/704 (N.I.6).back
[44] S.I. 1988/1847 (N.I. 17).back
[45] S.I. 1991 No. 895 as amended by S.I. 1991 No. 2033, S.I. 1993 No. 3069, S.I. 1995 No. 2015 and S.I. 1997 No. 649.back