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The Looked After Children (Scotland) Regulations 2009

Type Scottish-Statutory-Instrument

Publication 2009-06-02

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 2nd June 2009

Laid before the Scottish Parliament: 3rd June 2009

Coming into force: 28th September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968 , sections 17(2) and (3), 31 and 103(2) and (3) of the Children (Scotland) Act 1995 and sections 110 and 117 of the Adoption and Children (Scotland) Act 2007 and all other powers enabling them to do so.

PART I — GENERAL

Citation and commencement

1

These Regulations may be cited as the Looked After Children (Scotland) Regulations 2009 and come into force on 28th September 2009.

Interpretation

2

In these Regulations–

“the 1995 Act” means the Children (Scotland) Act 1995;

“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;

“the Arrangements to Look After Children Regulations” means the Arrangements to Look After Children (Scotland) Regulations 1996 ;

“child protection order” means an order mentioned in section 37 of the 2011 Act;

“compulsory supervision order” has the meaning given by section 83 of the 2011Act;

“contact direction”—in relation to a child protection order, has the meaning given by section 41(3) of the 2011 Act;in relation to a compulsory supervision order, interim compulsory supervision order or medical examination order, means a measure contained within such an order of the type mentioned in section 83(2)(g) or 87(2)(e) of that Act;

“exclusion order” has the meaning given by section 76(12) of the 1995 Act;

“foster carer” means a person approved as a foster carer in accordance with a decision made under regulation 22(3), 23 or 26(8);

“the Fostering Regulations” means the Fostering of Children (Scotland) Regulations 1996 ;

“Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ;

“interim compulsory supervision order” has the meaning given by section 86 of the 2011 Act;

“kinship carer” means a person approved as a kinship carer in accordance with a decision made under regulation 10;

“medical examination order” has the meaning given by section 87 of the 2011 Act;

“parent” means either the mother or father of the child or both;

“registered fostering service” means a person other than a local authority whose functions consist of or include the making of arrangements for or in connection with the performance of functions assigned to a local authority–under section 26(1)(a) of the 1995 Act; orby virtue of section 5(2) to (4) of the Social Work (Scotland) Act 1968 ,and who is registered under Part 5 of the Public Services Reform (Scotland) Act 2010; and

“relevant person” has the meaning given by section 200 of the 2011 Act and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act; ...

“sibling of the child” means—a person who has at least one parent in common with the child, andany other person with whom the child has lived or is living, and with whom the child has an ongoing relationship with the character of a relationship between siblings;

“warrant to secure attendance” has the meaning given by section 88 of the 2011 Act;

PART II — CARE PLANNING

Information to be obtained by the local authority in respect of a child to be or being looked after by them

3

(1) This regulation applies where a child is looked after or about to be looked after by a local authority in terms of section 17(6) of the 1995 Act.

(2) The local authority must–

(a) carry out the assessment in accordance with regulation 4; and

(b) so far as is reasonably practicable comply with the requirements in paragraph (3).

(3) The requirements are–

(a) to obtain and record in writing the information relating to the child specified in Schedule 1; and

(b) to obtain a written assessment of the child's health and their need for health care by a registered medical practitioner or a registered nurse.

(4) The requirement at paragraph (3)(b) does not apply where an assessment of the child's health and their need for health care has already been made by a registered medical practitioner or a registered nurse within a period of 3 months immediately preceding the date the child began to be looked after by the local authority.

Assessment

4

(1) The local authority must make an assessment of–

(a) the child's immediate needs and how those needs can be met;

(b) the child's long term needs and how those needs can be met;

(d) proposals for making sustainable and long term arrangements for the care of the child;

(e) the nature of the services proposed for the child in the immediate and long term with particular regard to the information specified in Schedule 1;

(f) alternative courses of action including the possibility of making an arrangement in accordance with regulation 8 or approving a person as a kinship carer;

(g) whether the local authority should seek a change in the child's legal status;

(h) the arrangements which require to be made for the time when the child will no longer be looked after by the local authority;

(i) the existing health arrangements for the child and whether there is a need to change such arrangements taking into account the information specified in paragraph 9 of Schedule 1;

(j) having regard to the information specified in paragraph 10 of Schedule 1, the child's educational needs, the proposals for meeting those needs, and the proposals for achieving continuity in the child's education;

(k) the child's religious persuasion and the need for the child to continue to be brought up in accordance with their religious persuasion; and

(l) any other matter relating to the welfare of the child either in the immediate or long term as appears to the local authority to be relevant.

(2) In making an assessment under paragraph (1) the local authority must, where appropriate, seek and take into account the views of–

(a) the child, taking account of their age and maturity;

(b) the child's parents;

(ca) any sibling of the child; and

(d) any other person as the authority considers appropriate.

(3) Where the local authority are considering placing the child with a kinship carer in accordance with regulation 11 or a foster carer in accordance with regulation 27 they must, in addition to the assessment at paragraph (1) make an assessment of the contact arrangements with the child's parents, their family including any sibling of the child, any person with parental responsibilities or parental rights and any other specified person and whether such arrangements should be changed.

(4) Where the local authority are considering placing a child in a residential establishment they must, in addition to the assessment at paragraph (1), carry out the assessment specified in paragraph (3) and make an assessment of whether that particular placement is appropriate for the child's needs taking into account the residential establishment's statement of functions and objectives.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph (3) “specified person” means any person who is specified as having contact with the child in any court order or any order granted by a children's hearing.

Child's plan

5

(1) Following an assessment made under regulation 4 the local authority must prepare a plan to be known as the “child's plan” in respect of the child.

(2) Before preparing the child's plan the local authority must, so far as is reasonably practicable and consistent with the best interests of the child, consult with–

(a) the child, taking account of their age and maturity;

(b) the child's parents;

(d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child;

(e) any person, of whom the local authority are aware, who has had–

(i) parental responsibilities or parental rights in respect of the child; and

(ii) charge of or control over the child; ...

(ea) any sibling of the child; and

(f) any other person as the authority consider appropriate.

(3) The child's plan must include–

(a) the assessments and findings made by the local authority under regulation 4;

(b) arrangements concerning the matters specified in Part I of Schedule 2;

(c) in each case where the local authority are considering placing or have placed the child with a kinship carer in accordance with regulation 11, with a foster carer in accordance with regulation 27 or in a residential establishment arrangements concerning the matters specified in Part II of Schedule 2;

(d) the nature of services proposed for any person to ensure the arrangements concerning the matters specified in Part I or II of Schedule 2 are met;

(e) the health assessment referred to in regulation 3.

(4) The local authority must provide a copy of the child's plan to–

(a) the child where, taking account of the child's age and maturity, the local authority consider that the child is capable of understanding the purpose and effect of the child's plan;

(b) the child's parents;

(d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child.

(5) The requirements under paragraph (4)(b) or (c) do not apply where the local authority are of the view that, taking into account their duties under section 17 of the 1995 Act and the terms of any permanence order, an exclusion order or any order or warrant made by a children’s hearing or sheriff under the 2011 Act, it would not be in the child's interest for a copy of the child's plan to be given to that person.

PART III — GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN

Death of a looked after child

6

(1) If a child who is being looked after by a local authority dies the authority must immediately–

(a) notify the Scottish Ministers; ...

(aa) notify Social Care and Social Work Improvement Scotland; and

(b) so far as is reasonably practicable notify the parents of the child and every person who has any parental responsibilities or parental rights in relation to the child.

(2) The requirement to notify at paragraph (1)(b) does not apply in respect of any person with whom the child was residing at the time of their death.

Recommendations by local authority to Principal Reporter

7

(1) This regulation applies where a local authority submit a report on a child to a children's hearing under section 66(4) of the 2011 Act (investigation and determination by the Principal Reporter).

(2) Where the local authority are of the view that it would be in the best interests of the child they may recommend that the child–

(a) be cared for by their parents or any person with parental responsibilities or parental rights in relation to the child under arrangements made in accordance with regulation 8;

(b) be placed with a kinship carer who has entered into an agreement under regulation 12;

(d) be placed with any other person ... where the requirements of regulation 36 are met; or

(e) be placed in a residential establishment.

PART IV — LOOKED AFTER CHILDREN CARED FOR BY PARENTS

Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities

8

(1) A local authority may, in the case of a child who is looked after by that authority in terms of section 17(6) of the 1995 Act, make arrangements for the child to be cared for by–

(a) the child's parents; or

(b) any person who has parental rights and parental responsibilities in respect of the child.

(2) A local authority may not make arrangements under paragraph (1) where that authority are providing accommodation for the child by virtue of section 25 of the 1995 Act.

(3) Any arrangements made by a local authority under paragraph (1) must–

(a) be subject to the terms of any compulsory supervision order, interim compulsory supervision order, warrant to secure attendance, permanence order or exclusion order made in respect of the child; and

(b) not return the child to the care of a person where the child was, by virtue of any order, authorisation or warrant, removed from the care of that person.

Notification of occurrences involving the child

9

(1) The local authority must, in making arrangements under regulation 8, require the person who is to care for the child to notify the authority immediately if the child–

(a) dies;

(b) suffers any serious illness or injury; or

(2) On receiving notification under paragraph (1) the local authority must, so far as is reasonably practicable, immediately notify the child's parents and every person who has any parental responsibilities or parental rights in relation to the child unless that person is caring for the child by virtue of regulation 8.

PART V — KINSHIP CARE

Kinship carers

10

(1) A local authority may make a decision to approve a person mentioned in paragraph (2) as a suitable carer for a child ... which carer shall be known as a “kinship carer”.

(2) The persons referred to in paragraph (1) are–

(a) a person who is related to the child; or

(b) a person who is known to the child and with whom the child has a pre existing relationship.

(3) Before making a decision under paragraph (1) the authority must–

(a) so far as reasonably practicable obtain and record in writing the information specified in Schedule 3; and

(b) taking into account that information, carry out an assessment of that person's suitability to care for the child.

(4) In paragraph (2)(a) “related” means related to the child either by blood, marriage or civil partnership.

Placement of child with kinship carer

11

(1) A local authority must not place a child with a kinship carer where–

(a) the placement is, or would be, contrary to the terms of any—

(i) order or warrant made by the children’s hearing or the sheriff under the 2011 Act;

(ii) permanence order; or

(iii) exclusion order; or

(b) the placement would return the child to the care of a person where the child was, by virtue of any order, authorisation or warrant, removed from the care of that person.

(2) A local authority must not place a child with a kinship carer unless they are satisfied that–

(a) placement is in the best interests of the child;

(b) placement of the child with that kinship carer is in the best interests of the child;

(c) following the assessment referred to in regulation 10(3), that kinship carer is a suitable person to care for the child;

(d) they have taken into account all information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act;

(e) the kinship carer has entered into a written agreement with the local authority under regulation 12; and

(f) the kinship carer has entered into a written agreement with the local authority as to the matters specified in Schedule 4.

Agreement with kinship carers

12

Where a local authority make a decision to approve a kinship carer under regulation 11 that authority must enter into a written agreement with the kinship carer regarding the matters and obligations in Schedule 5 and any other matters and obligations as the authority consider appropriate.

Notification of placement with kinship carer

13

(1) Where a local authority place a child with a kinship carer in accordance with regulation 11 they must, as soon as reasonably practicable, provide notification of the placement to–

(a) the local authority for the area in which the kinship carer resides if different from the authority making the placement;

(b) the Health Board which provides services in the area in which the kinship carer resides;

(d) any person who has any parental responsibilities or parental rights in relation to the child.

(1A) Where the child is subject to a compulsory supervision order or interim compulsory supervision order, the local authority must provide notification of the placement to—

(a) the Principal Reporter; and

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