The Fostering Services (Wales) Regulations 2003

That person’s past and present employment or occupation, and his or her standard of living and leisure activities and interests.

9

That person’s previous experience (if any) of caring for his or her own and other children.

10

That person’s skills, competence and potential relevant to his or her capacity to care effectively for a child placed with him or her.

11

The outcome of any request or application made by that person or any other member of that person’s household to foster or adopt children or for registration for child minding or day care[^f00030], including particulars of any previous approval or refusal of approval relating to the person or to any other member of that person’s household.

12

The names and addresses of two persons who will provide personal references for the prospective foster parent.

13

In relation to the prospective foster parent and each member of the household aged 18 or over, an enhanced criminal record certificate issued under section 115 of the Police Act 1997 [^f00031] including the matters specified in section 115(6A) of that Act.

SCHEDULE 4 — OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 27(7)(b)

Offences in Scotland

1

An offence of rape.

2

An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995[^f00032] except, in case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with a girl under 16[^f00033]), an offence of shameless indecency between men or an offence of sodomy.

3

An offence of plagium (theft of a child below the age of puberty).

4

Section 52 or 52A of the Civic Government (Scotland) Act 1982 (indecent photographs of children)[^f00034].

5

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust)[^f00035].

Offences in Northern Ireland

6

An offence of rape.

7

An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968[^f00036], except in the case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to sections 5 or 11 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 17 and gross indecency between males)[^f00037], or an offence contrary to section 61 of the Offences against the Person Act 1861 (buggery).

8

An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs)[^f00038].

9

An offence contrary to Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse)[^f00039].

10

An offence contrary to Article 15 of the Criminal Justice (Evidence, etc.)(Northern Ireland) Order 1988 (possession of indecent photographs of children)[^f00040].

11

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

SCHEDULE 5 — MATTERS AND OBLIGATIONS IN FOSTER CARE AGREEMENTS

1

The terms of the foster parent’s approval.

2

The amount of support and training to be given to the foster parent.

3

The procedure for the review of approval of a foster parent.

4

The procedure in connection with the placement of children and the matters to be included in any foster placement agreement.

5

The arrangements for meeting any legal liabilities of the foster parent arising by reason of a placement.

6

The procedure available to foster parents for making representations.

7

To give written notice to the fostering service provider forthwith, with full particulars, of—

• (a) any intended change of the foster parent’s address;

• (b) any change in the composition of the foster parent’s household;

• (c) any other change in the foster parent’s personal circumstances and any other event affecting the foster parent’s capacity to care for any child placed or the suitability of the foster parent’s household; and

• (d) any request or application to adopt children, or for registration for child minding or day care.

8

Not to administer corporal punishment to any child placed with him the foster parent.

9

To ensure that any information relating to a child placed with the foster parent, to the child’s family or to any other person, which has been given to the foster parent 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 the foster parent as if the child were a member of the foster parent’s family and to promote the child’s 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 National Assembly and in particular to allow a person authorised by the National Assembly to interview the foster parent and visit the foster parent 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

Where regulation 36 applies, to allow any child placed with the foster parent to be removed from the foster parent’s home.

SCHEDULE 6 — MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS

1

A statement by the responsible authority containing all the information which the authority considers necessary to enable the foster parent to care for the child and, in particular, information as to—

• (a) the authority’s arrangements for the child and the objectives of the placement in the context of its plan for the care of the child;

• (b) the child’s personal history, religious persuasion and cultural and linguistic background and racial origin;

• (c) the child’s state of health and identified health needs;

• (d) the safety needs of the child, including any need for any special equipment or adaptation;

• (e) the child’s educational needs; and

• (f) any needs arising from any disability the child may have.

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, in connection with the supervision of the placement, 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[^f00041].

6

The arrangements for the child to have contact with his or her parents and any other specified persons, and details of any court order as 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.

SCHEDULE 7 — MATTERS TO BE MONITORED BY THE REGISTERED PERSON

1

Compliance in relation to each child placed with foster parents, with the foster placement agreement and the responsible authority’s plan for the care of the child.

2

All accidents, injuries and illnesses of children placed with foster parents.

3

Complaints in relation to children placed with foster parents and their outcomes.

4

Any allegations or suspicions of abuse in respect of children placed with foster parents and the outcome of any investigation.

5

Staff recruitment records and conduct of required checks for new workers.

6

Notifications of the events listed in Schedule 8.

7

Any unauthorised absence from the foster home of a child accommodated there.

8

Use of any measures of control, restraint or discipline in respect of children accommodated in a foster home.

9

Medication, medical treatment and first aid administered to any child placed with foster parents.

10

Where applicable, the standard of any educational provision provided by the fostering service.

11

Records of assessments.

12

Records of fostering panel meetings.

13

Duty rosters of persons working for the fostering agency, as arranged and as actually worked.

14

Records of staff appraisals.

15

Minutes of staff meetings.

SCHEDULE 8 — EVENTS AND NOTIFICATIONS

Column 1	Column 2
Event:	To be notified to:
	Appropriate office of the National Assembly	Responsible (Placing) Authority	Area authority	Local Health Board in whose area the child is placed	Police
Death of a child placed with foster parents	Yes	Yes	Yes	Yes
Referral to the Secretary of State pursuant to section 2(1)(a) of the Protection of Children Act 1999[^f00042] 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 service provider	Yes	Yes
Instigation and outcome of any child protection enquiry involving a child placed with foster parents	Yes	Yes	Yes

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00026]

John Marek — The Deputy Presiding Officer of the National Assembly — 6th February 2003

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under the Children Act 1989 (“the 1989 Act”) and the Care Standards Act 2000 (“the 2000 Act”) and apply to Wales only. They—

• (a) replace the Foster Placement (Children) Regulations 1991 (as amended), governing the approval of foster parents and the placement of children with them by local authorities and voluntary organisations under, respectively, Parts III and VII of the 1989 Act; and

• (b) provide a new regulatory framework for fostering agencies and local authority fostering services.

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 Assembly for Wales (“the National Assembly”). Part III of the 2000 Act provides for the inspection of the fostering functions of local authorities by the National Assembly. 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 2003.

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 National Assembly and the appointment of liquidators.

Regulation 48 provides for offences in relation to fostering agencies.

Regulations 50 & 51 make the necessary amendments to the provisions in regulations concerning registration requirements and payment of fees in line with other establishments and agencies regulated under the 2000 Act.

Regulation 52 makes transitional provision. These Regulations apply to local authority fostering services on their coming into force. By regulation 52(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 National Assembly for registration as a fostering agency by 1st April 2003. 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 2003 applied to the National Assembly for registration. Regulation 52(7) disapplies regulation 20(5) (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.

Footnotes

[^f00001]: 2000 c. 14.These powers are exercisable by the appropriate Minister, who is defined in section 121(1) of the Care Standards Act, in relation to England, Scotland and Northern Ireland, as the Secretary of State, and in relation to Wales, as the National Assembly for Wales. “Prescribed” and “regulations” are defined in section 121(1) of that Act.

[^f00002]: 1989 c. 41. Functions of the Secretary of State under the 1989 Act are made exercisable by the National Assembly for Wales by virtue of the inclusion of the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999 (S.I. 1999/672) (see article 2(a) of the 1999 Order and section 22(1) of the Government of Wales 1998 (c. 38).

[^f00003]: See section 22(9) of the 2000 Act for the requirement to consult.

[^f00004]: 1977 c. 49.

[^f00005]: 1997 c. 46.

[^f00006]: 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.

[^f00007]: 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).

[^f00008]: As established under Part V of the Care Standards Act 2000.

[^f00009]: 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.

[^f00010]: 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).

[^f00011]: See footnote to regulation 18(1).

[^f00012]: 1979 c. 2.

[^f00013]: 1876 c. 36.

[^f00014]: 2000 c. 43.

[^f00015]: 1956 c. 69.

[^f00016]: British Islands are defined in the Interpretation Act 1978 (c. 30) as meaning the United Kingdom, the Channel Islands and the Isle of Man.

[^f00017]: S.I. 2002/919 (W.107).

[^f00018]: S.I. 2003/237 (W.35).

[^f00019]: S.I. 2002/921 (W.109).

[^f00020]: See Section 121(4) of the Care Standards Act 2000.

[^f00021]: S.I. 2002/920 (W.108)(C.24)

[^f00022]: S.I. 1991 No. 910.

[^f00023]: S.I. 1995 No. 2015.

[^f00024]: S.I. 1997 No. 2308.

[^f00025]: S.I. 2001 No. 3443 (W. 278).

[^f00026]: 1998 c. 38

[^f00027]: 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.

[^f00028]: A position within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.

[^f00029]: 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.

[^f00030]: 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.

[^f00031]: See the footnotes to paragraph 2 of Schedule 1.

[^f00032]: 1995 c. 46.

[^f00033]: 1995 c. 39.

[^f00034]: 1982 c. 45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988(c. 33).

[^f00035]: 2000 c. 44.

[^f00036]: 1968 c. 34 (N.I.).

[^f00037]: 1885 c. 69.

[^f00038]: S.I. 1978/1047 (N.I. 17).

[^f00039]: S.I. 1980/704 (N.I. 6).

[^f00040]: S.I. 1988/1847 (N.I. 17).

[^f00041]: 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.

[^f00042]: 1999 c. 14.