The Fostering Services (England) Regulations 2011

Made: 2nd March 2011

Laid before Parliament: 10th March 2011

Coming into force: 1st

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 22(1), (2)(a) and (b), (e) to (j), (6), (7)(a) to (h) and (j), 34(1), 48(1)(a) and (c) to (f) and 118(5) to (7) of the Care Standards Act 2000 , and sections 22C(11), 26(1) and (2), 31A(3), 59(2) and (3A) and 104(4) of, and paragraphs 12A to 12G of Schedule 2 to, the Children Act 1989 .

In accordance with section 22(9) of the Care Standards Act 2000 the Secretary of State has consulted such persons as were considered appropriate.

PART 1 — General

Citation, commencement and application

1

• (1) These Regulations may be cited as the Fostering Services (England) Regulations 2011 and come into force on 1st April 2011.

• (2) These Regulations apply in relation to England only.

Interpretation

2

• (1) In these Regulations—

• “the 1989 Act” means the Children Act 1989;

• “the 2000 Act” means the Care Standards Act 2000;

• “adoption agency” has the meaning given in section 2(1) of the Adoption and Children Act 2002;

• “approval” means approval as a foster parent in accordance with regulation 27 and references to a person being approved are to be construed accordingly;

• “area authority”, in relation to a child, means the local authority in whose area the child is placed, or is to be placed, where that authority is not the responsible authority;

• “care plan” means the plan for the future care of a child prepared in accordance with Part 2 of the Care Planning Regulations;

• “the Care Planning Regulations” means the Care Planning, Placement and Case Review (England) Regulations 2010 ;

• “Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills ;

• “child protection enquiries” has the meaning given in regulation 12(5);

• “children's guide” has the meaning given in regulation 3(3);

• ...

• “early years provider” has the meaning given in section 96 of the Childcare Act 2006 ;

• “foster care agreement” has the meaning given in regulation 27(5)(b);

• “foster parent” means a person who—is approved as a foster parent under these Regulations, andexcept in regulations 25 to 30, includes a person with whom a child is placed under regulation 24 of the Care Planning Regulations (temporary approval of a relative, friend or other person connected with the child) or regulation 25A of those Regulations (temporary approval of prospective adopter as foster parent);

• “fostering agency” has the meaning given in section 4(4) of the 2000 Act ;

• “fostering panel” means a panel constituted in accordance with regulation 23;

• “fostering service” means—a fostering agency, ora local authority fostering service;

• “fostering service provider” means—in relation to a fostering agency, a registered person, orin relation to a local authority fostering service, a local authority;

• “independent fostering agency” means a fostering agency falling within section 4(4)(a) of the 2000 Act ;

• “integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

• “IRO” means the independent reviewing officer appointed for a child under section 25A(1) of the 1989 Act ;

• “Disclosure and Barring Service” means the body established by section 87(1) of the Protection of Freedoms Act 2012;

• “later years provider” has the meaning given in section 96 of the Childcare Act 2006;

• “local authority fostering service” means the discharge by a local authority of “relevant fostering functions” within the meaning of section 43(3)(b) of the 2000 Act ;

• “organisation” means a body corporate or any unincorporated association other than a partnership;

• “parent”, in relation to a child, includes any person who has parental responsibility for the child;

• “parent and child arrangements” means arrangements made by a local authority for a parent and their child to live with a foster parent, whether or not the parent or the child is placed with the foster parent;

• “placement” means any placement of a child with foster parents made—by a local authority under section 22C of the 1989 Act, orby a voluntary organisation under section 59(1)(a) of the 1989 Act,

which is not a placement for adoption, and includes a placement arranged by an independent fostering agency acting on behalf of a local authority, and references to a child who is placed are to be construed accordingly;

• “placement plan” means the plan for the placement of a child prepared in accordance with regulation 9 of the Care Planning Regulations;

• “placing authority”, in relation to a child, means the local authority or voluntary organisation (as the case may be) responsible for the child's placement;

• ...

• “registered manager”, in relation to a fostering agency, means a person who is registered under Part 2 of the 2000 Act as the manager of the fostering agency;

• “registered person”, in relation to a fostering agency, means a person who is the registered provider or the registered manager of the fostering agency;

• “registered provider”, in relation to a fostering agency, means a person who is registered under Part 2 of the 2000 Act as the person carrying on the fostering agency;

• “responsible authority”, in relation to a child, means the local authority that looks after the child ;

• “responsible individual” has the meaning given in regulation 5(1)(d);

• “statement of purpose” has the meaning given in regulation 3(1); and

• “working day” means any day other than—a Saturday or a Sunday,Christmas day or Good Friday, ora bank holiday in England and Wales under the Banking and Financial Dealings Act 1971;

• “X” has the meaning given in regulation 26(1).

• (2) 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 are to be construed accordingly.

PART 2 — Statement of purpose and children's guide

Statement of purpose and children's guide

3

• (1) The fostering service provider must compile a written statement in relation to the fostering service (“the statement of purpose”) which consists of—

• (a) a statement of the aims and objectives of the fostering service, and

• (b) a statement as to the services and facilities (including any parent and child arrangements) provided by the fostering service.

• (2) The fostering service provider must provide a copy of the statement of purpose to the Chief Inspector, place a copy on their website (if they have one), and make copies available, upon request, to—

• (a) any person working for the purposes of the fostering service,

• (b) any foster parent or prospective foster parent of the fostering service,

• (c) any child placed with a foster parent by the fostering service, and

• (d) the parent of any such child.

• (3) The fostering service provider must produce a written guide to the fostering service (“the children's guide”) which includes—

• (a) a summary of the statement of purpose,

• (b) a summary of the procedure (the representations and complaints procedure) established—

• (i) in the case of an independent fostering agency, under regulation 18(1),

• (ii) in the case of a local authority fostering service, under section 26(3) of the 1989 Act ,

• (iii) in the case of a fostering agency falling within section 4(4)(b) of the 2000 Act, under section 59(4)(b) of the 1989 Act, and

• (c) the address, including email address, and telephone number of the Chief Inspector.

• (4) The fostering service provider must provide a copy of the children's guide to the Chief Inspector, to each foster parent approved by the fostering service provider, and to each child placed by them (subject to the child's age and understanding).

• (5) Subject to paragraph (6), the fostering service provider must 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) requires or authorises the fostering service provider to contravene or to fail to comply with—

• (a) any other provision of these Regulations, or

• (b) in the case of a fostering agency, any conditions for the time being in force in relation to the registration of the registered person under Part 2 of the 2000 Act.

Review of statement of purpose and children's guide

4

The fostering service provider must—

• (a) keep under review and, where appropriate, revise the statement of purpose and children's guide,

• (b) notify the Chief Inspector of any such revision within 28 days, and

• (c) if the children's guide is revised, supply a copy to each foster parent approved by the fostering service provider, and to each child placed by them (subject to the child's age and understanding).

PART 3 — Management of Fostering Service

Fostering agency

Fitness of fostering service provider

5

• (1) A person must not carry on a fostering agency unless—

• (a) in the case of an individual carrying on an independent fostering agency otherwise than in partnership with others, that person,

• (b) in the case of an individual carrying on an independent fostering agency in partnership with others, that person and each of the other partners,

• (c) in the case of a partnership carrying on a fostering agency, each of the partners, and

• (d) in the case of an organisation carrying on a fostering agency, where the organisation has given notice to the Chief Inspector of the name, address and position in the organisation of an individual (“the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the fostering agency, the responsible individual, satisfies the requirements of paragraph (2) as to fitness.

• (2) The requirements are that—

• (a) the person is of integrity and good character,

• (b) the person is physically and mentally fit to carry on the fostering agency, and

• (c) full and satisfactory information is available in relation to the person in respect of each of the matters specified in Schedule 1.

• (3) A person may not carry on a fostering agency if that person—

• (a) has been made bankrupt or sequestration of their estate has been awarded and (in either case) they have not been discharged and the bankruptcy order has not been annulled or rescinded, or a moratorium period under a debt relief order (within the meaning of section 251A of the Insolvency Act 1986 ) applies in relation to them, or

• (b) has made a composition arrangement with their creditors and has not been discharged in respect of it.

Appointment of manager

6

• (1) The registered provider must appoint an individual to manage the fostering agency.

• (2) Where the registered provider is—

• (a) an organisation, it must not appoint the person who is the responsible individual as the manager,

• (b) a partnership, it must not appoint any of the partners as the manager.

• (3) The registered provider must notify the Chief Inspector without delay of—

• (a) the name of any person appointed in accordance with this regulation, and

• (b) the date on which the appointment is to take effect.

Fitness of manager

7

• (1) A person must not manage a fostering agency unless they are fit to do so.

• (2) A person is not fit to manage a fostering agency unless that person—

• (a) is of integrity and good character;

• (b) having regard to the size of the fostering agency, its statement of purpose, and the numbers and needs of the children placed by it—

• (i) has the qualifications, skills and experience necessary for managing the fostering agency, and

• (ii) is physically and mentally fit to manage a fostering agency,

and full and satisfactory information is available in relation to that person in respect of each of the matters specified in Schedule 1.

Registered person – general requirements

8

• (1) The registered provider and the registered manager must, having regard to—

• (a) the size of the fostering agency, its statement of purpose, and the numbers and needs of the children placed by the fostering agency, and

• (b) the need to safeguard and promote the welfare of the children placed by the fostering agency, carry on or manage the fostering agency (as the case may be) with sufficient care, competence and skill.

• (2) The registered provider must ensure that—

• (a) where the registered provider is an individual, that person,

• (b) where the registered provider is an organisation, the responsible individual,

• (c) where the registered provider is a partnership, one of the partners, undertakes, from time to time, such training as is appropriate to ensure that they have the experience and skills necessary for carrying on the fostering agency.

• (3) The registered manager must undertake from time to time such training as is appropriate to ensure that they have 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, that person must without delay give notice in writing to the Chief Inspector of—

• (a) the date and place of the conviction,

• (b) the offence of which they were convicted, and

• (c) the penalty imposed on them in respect of the offence.

Local authority fostering service

Manager

10

• (1) Each local authority must appoint one of its officers to manage the local authority fostering service, and must notify the Chief Inspector without delay of—

• (a) the name of the person appointed, and

• (b) the date on which the appointment is to take effect.

• (2) Regulations 7, 8 and 9 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 must notify the Chief Inspector without delay if the person appointed under paragraph (1) ceases to manage the local authority fostering service.

PART 4 — Conduct of Fostering Services

Independent fostering agencies—duty to secure welfare

11

The registered person in respect of an independent fostering agency must ensure that—

• (a) the welfare of children placed or to be placed with foster parents is safeguarded and promoted at all times, and

• (b) before making any decision affecting a child placed or to be placed with a foster parent due consideration is given to the child's—

• (i) wishes and feelings (having regard to the child's age and understanding), and

• (ii) religious persuasion, racial origin and cultural and linguistic background.

Arrangements for the protection of children

12

• (1) The fostering service provider must prepare and implement a written policy which—

• (a) is intended to safeguard children placed with foster parents from abuse or neglect, and

• (b) sets out the procedure to be followed in the event of any allegation of abuse or neglect.

• (2) The written policy must include a statement of measures to be taken to safeguard any child before making parent and child arrangements with that foster parent.

• (3) The procedure under paragraph (1)(b) must, subject to paragraph (4), provide in particular for—

• (a) liaison and co-operation with any local authority which is, or may be, making child protection enquiries in relation to any child placed by the fostering service provider,

• (b) the prompt referral to the area authority of any allegation of abuse or neglect affecting any child placed by the fostering service provider,

• (c) notification of the instigation and outcome of any child protection enquiries involving a child placed by the fostering service provider, to the Chief Inspector,

• (d) written records to be kept of any allegation of abuse or neglect, and of the action taken in response,

• (e) consideration to be given to the measures which may be necessary to protect children placed with foster parents following an allegation of abuse or neglect, and

• (f) arrangements to be made for persons working for the purposes of the fostering service, foster parents and children placed by the fostering service, to have the address (including email address), and telephone number of—

• (i) the area authority, and

• (ii) the Chief Inspector,