The Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011

Made: 3rd March 2011

Laid before Parliament: 10th March 2011

Coming into force: 1st April 2011

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 59(2), (3), (3A), (4)(a) and (5A), 62(3) (and that subsection as applied by section 64(4) in relation to a person who is carrying on a private children’s home), and 104(4) of, and paragraph 4(1)(a) of Schedule 4, paragraph 7(1)(a) of Schedule 5, and paragraph 10(1)(a) and (2)(l)[^f00001] of Schedule 6[^f00002] to, the Children Act 1989[^f00003]:

PART 1 — General

Citation, commencement and application

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• (1) These Regulations may be cited as the Arrangements for Placement of Children by Voluntary Organisations and Others (England) Regulations 2011 and come into force on 1st April 2011.

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

Interpretation

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• (1) In these Regulations—

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

• “the 2000 Act” means the Care Standards Act 2000[^f00004];

• ...

• “foster parent” means a person with whom a child is placed, or may be placed, under these Regulations by a voluntary organisation under section 59(1)(a) of the 1989 Act;

• “fostering agency” has the meaning given in section 4(4) of the 2000 Act[^f00005];

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

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

• “placement” means the provision of accommodation for a child who is not looked after[^f00006] by a local authority—by a voluntary organisation[^f00007] by any of the means specified in section 59(1)(a), (aa)[^f00008] or (f) of the 1989 Act (provision of accommodation by voluntary organisations), andin a private children’s home ^f00009,and references to “place” or “placed” are to be construed accordingly;

• “placement plan” has the meaning given in regulation 4(1);

• ...

• “responsible authority” means—in relation to a placement by a voluntary organisation of a child, the voluntary organisation which place the child, andin relation to a placement in a private children’s home of a child who is neither looked after by a local authority nor accommodated in such a home by a voluntary organisation, the person carrying on the home.

• (2) In these Regulations any reference to any document or other record includes any such document or record that is kept or provided in a readily accessible form and includes copies or original documents and electronic methods of recording information.

Application of Regulations

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These Regulations do not apply to a placement of a child, otherwise than by a voluntary organisation, in a school in England which is a children’s home within the meaning of section 1(6) of the 2000 Act or in a school in Wales at which a care home service, within the meaning of Part 1 of and paragraph 1(3) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016, is provided.

PART 2 — Placements – general provisions

Making of arrangements

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• (1) Before a placement is made, the responsible authority must, so far as is reasonably practicable, make immediate and long-term arrangements for that placement and for promoting the welfare of the child who is to be placed and must set out those arrangements in writing (a “placement plan”).

• (2) If it is not reasonably practicable to prepare the placement plan before making the placement, the placement plan must be prepared within 5 working days of the start of the placement.

• (3) Unless paragraph (4) applies, the placement plan must, so far as is reasonably practicable, be agreed by the responsible authority with—

• (a) any parent of the child and any person who is not the child’s parent but who has parental responsibility for the child, or

• (b) if there is no such person, the person who is caring for the child,

before a placement is made or, where the placement plan is not agreed before the placement is made, as soon as reasonably practicable after the start of the placement.

• (4) Where a child is aged 16 or over and agrees to be provided with accommodation, the placement plan must, if possible, be agreed with the child by the responsible authority.

Considerations on making, and contents of, placement plans

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• (1) In preparing the placement plan, the responsible authority must have regard in each case to previous arrangements made in respect of the child and whether a change in those arrangements is needed and must consider alternative courses of action.

• (2) In preparing the placement plan, the responsible authority must also have regard to the considerations specified in Schedule 1.

• (3) The placement plan must include, where practicable, arrangements concerning the matters specified in Schedule 2.

Health assessment

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• (1) Subject to paragraphs (3) and (4), the responsible authority must—

• (a) before making a placement, or if that is not reasonably practicable, as soon as reasonably practicable after a placement is made, make arrangements for a registered medical practitioner to conduct an assessment of the child, which may include a physical examination of the child’s state of health,

• (b) require the registered medical practitioner who conducts the assessment to prepare a written report of the assessment which addresses the matters listed in paragraphs 1 to 3 of Schedule 1, and

• (c) having regard to the matters listed in paragraphs 1 to 5 of Schedule 1 and, unless paragraph (3) applies, prepare a plan for the future health care of the child if one is not already in existence.

• (2) The responsible authority must ensure that each child is provided during the placement with—

• (a) health care services, including medical and dental care and treatment, and

• (b) advice and guidance on health, personal care and health promotion issues appropriate to the child’s needs.

• (3) Paragraph (1) does not apply if, within a period of 3 months immediately preceding the placement, the child’s health has been assessed, and a report of the assessment has been prepared in accordance with that paragraph.

• (4) Sub-paragraphs (a) and (b) of paragraph (1) do not apply if the child, being of sufficient age and understanding to do so, refuses to consent to the assessment.

Notification of arrangements

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• (1) The responsible authority must, so far as is reasonably practicable, notify the following persons in writing of the arrangements to place a child, before the placement is made—

• (a) the child, unless it would not be appropriate to do so having regard to the child’s age and understanding,

• (b) any parent of the child and any person who is not the child’s parent but who has parental responsibility for the child,

• (c) NHS England and the integrated care board (or in the case of a child to be placed in Wales, the local health board) for the area in which the child is living and, if it is different, for the area in which the child is to be placed,

• (d) the local authority for the area in which the child is living and, if it is different, for the area in which the child is to be placed,

• (e) the general medical practitioner who provides, or is to provide, primary medical services under Part 4 of the National Health Service Act 2006 to the child,

• (f) any person who was caring for the child immediately before the arrangement is made,

• (g) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact,

• (h) any educational institution attended by, or person providing education or training for, the child, and

• (i) any other person whose wishes and feelings have been sought under section 61(2) or section 64(2) of the 1989 Act (consultation prior to decision-making in respect of children provided with accommodation by a voluntary organisation or in a private children’s home).

• (2) Where it is not practicable to give the notification before the placement, it must be given as soon as reasonably practicable after the start of the placement.

• (3) The responsible authority must send a copy of the placement plan (or such part of the plan as they consider will not prejudice the welfare of the child) with the notification referred to in paragraph (1) to the persons specified in paragraph (1)(a), (b), (d) and (f).

• (4) In particular, the responsible authority may decide not to give a copy of the placement plan, or a full copy of the placement plan, to the child’s parent, or to the person who is not the child’s parent but who has parental responsibility for the child, if to do so would put the child at risk of significant harm.

Arrangements for contact

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A responsible authority must, unless it is not reasonably practicable or consistent with the child’s welfare, endeavour to promote contact between the child and the persons mentioned in paragraph 6 of Schedule 2.

Establishment of records

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• (1) The responsible authority must establish, if one is not already in existence, a written case record in respect of each child who is placed by a voluntary organisation or in a private children’s home.

• (2) The record must include—

• (a) a copy of the placement plan,

• (b) a copy of the child’s health assessment and any plan for the future health care of the child referred to in regulation 6,

• (c) a copy of any document considered or record established in the course of, or as a result of, a review of the child’s case in accordance with Part 5,

• (d) a copy of any report prepared in accordance with regulation 13(2)(b), and

• (e) details of any delegation of responsibility by the responsible authority to another person.

Retention and confidentiality of records

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• (1) The responsible authority must retain a child’s record either—

• (a) until the seventy-fifth anniversary of the child’s birth, or

• (b) if the child dies before attaining the age of 18, for 15 years beginning with the date of the child’s death.

• (2) A responsible authority must secure the safe keeping of case records and must take all necessary steps to ensure that information contained in them is treated as confidential, subject only to—

• (a) any provision of, or made under or by virtue of, a statute under which access to such records or information may be obtained or given,

• (b) any court order under which access to such records or information may be obtained or given.

PART 3 — Placements by a voluntary organisation with a foster parent

General duty of voluntary organisation

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A voluntary organisation[^f00012] must not place a child with a foster parent unless they are satisfied that—

• (a) the placement is the most suitable way of performing their duty under section 61(1)(a) and (b) of the 1989 Act, and

• (b) placement with a particular foster parent is the most suitable placement having regard to all the circumstances.

Making of placements

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• (1) A voluntary organisation may only place a child with a foster parent if—

• (a) the foster parent is approved by—

• (i) that voluntary organisation, or

• (ii) provided the conditions specified in paragraph (2) are satisfied, another fostering service provider,

• (b) the terms of the foster parent’s approval are consistent with the proposed placement, and

• (c) the foster parent has entered into a foster care agreement either with the voluntary organisation or with another fostering service provider in accordance with regulation 27(5)(b) of the Fostering Services (England) Regulations 2011[^f00013].

• (2) The conditions referred to in paragraph (1)(a)(ii) are—

• (a) that the fostering service provider by whom the foster parent is approved, consents to the placement, and

• (b) that any other fostering service provider or any local authority which already have a child placed with the foster parent, consent to the placement.

Visits

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• (1) A voluntary organisation must satisfy themselves that the welfare of each child placed by them with a foster parent continues to be suitably provided for by the placement, and for that purpose the voluntary organisation must make arrangements for a person authorised by the organisation to visit the child, where the child is living—

• (a) from time to time as circumstances may require,

• (b) when reasonably requested by the child or the foster parent, and

• (c) in any event (subject to regulation 28)—

• (i) in the first year of the placement, within 1 week from the start of the placement and then at intervals of not more than 6 weeks, and

• (ii) subsequently, at intervals of not more than 3 months.

• (2) On each occasion on which the child is visited under this regulation the voluntary organisation must ensure that the person they have authorised to carry out the visit—

• (a) sees the child alone unless the child, being of sufficient age and understanding to do so, refuses, and

• (b) prepares a written report of the visit.

PART 4 — Other Duties

Termination of placements

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• (1) A voluntary organisation must not allow a placement to continue if it appears to them that the placement is no longer the most suitable way of performing their duty under section 61(1)(a) and (b) of the 1989 Act.

• (2) Where it appears to the local authority within whose area the child is placed, that there is a risk of immediate significant harm to the child, the local authority must remove the child immediately.

• (3) A local authority which remove a child under paragraph (2) must notify, as soon as reasonably practicable, the responsible authority and any persons specified under regulation 7(1) whom they consider should be notified.

Placements outside England

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A voluntary organisation must not place a child outside the British Islands.

Local authority visits to children

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• (1) Every local authority must arrange for an officer of the local authority to visit every child who is placed within their area as follows—

• (a) subject to regulation 28, within 28 days of the start of the placement,

• (b) within 14 days of receipt of a request from the responsible authority, and

• (c) as soon as reasonably practicable if, having received—

• (i) the child’s placement plan under regulation 7(3),

• (ii) the results of the review under regulation 23(3)(b), or

• (iii) any other information,

they consider that the child’s welfare is not being adequately safeguarded or promoted.

• (2) Every local authority must ensure that a person carrying out a visit in accordance with paragraph (1)—

• (a) sees the child in private during the course of the visit unless—

• (i) the child, being of sufficient age and understanding to do so, refuses,

• (ii) the person carrying out the visit considers it inappropriate to do so, having regard to the child’s age and understanding, or

• (iii) the person carrying out the visit is unable to do so, and

• (b) takes steps to discover whether the responsible authority have made suitable arrangements to perform their duties under these Regulations, and those under sections 61 and 64 of the 1989 Act.

• (3) A local authority must report to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills any concerns they may have about the responsible authority.

PART 5 — Reviews of children’s cases

Reviews of children’s cases

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The responsible authority must review a child’s case in accordance with these Regulations, so long as the child remains placed.

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• (1) Each responsible authority must appoint a person (“the independent reviewing officer”) in respect of each child’s case to carry out the following functions—

• (a) participating in any review of the child’s case,

• (b) monitoring the performance of the authority’s functions in respect of the review, and

• (c) referring the case to an officer of the Children and Family Court Advisory and Support Service[^f00014] or a Welsh family proceedings officer[^f00015] where the child is ordinarily resident in Wales, if the independent reviewing officer considers it appropriate to do so.

• (2) The independent reviewing officer must be a person who is registered as a social worker in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017, in the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 or in a corresponding register maintained under the law of Scotland or Northern Ireland.

• (3) The independent reviewing officer must be a person who, in the opinion of the responsible authority, has sufficient relevant social work experience to undertake the functions mentioned in paragraph (1) in relation to the case.

• (4) A person who is an employee of the responsible authority may not be appointed as an independent reviewing officer in a case if that person is involved in preparing the child’s placement plan or is under the direct management of—

• (a) a person involved in preparing the child’s placement plan,

• (b) a person with management responsibilities in relation to a person mentioned in sub-paragraph (a), or

• (c) a person with control over the resources allocated to the case.

• (5) The independent reviewing officer must, as far as reasonably practicable, attend any meeting held in connection with the review of the child’s case and, if attending the meeting, chair it.

• (6) The independent reviewing officer must, as far as reasonably practicable, take steps to ensure that the review is conducted in accordance with these Regulations and in particular to ensure—