The Fostering Panels (Establishment and Functions) (Wales) Regulations 2018

Made: 10 December 2018

Laid before the National Assembly for Wales: 11 December 2018

Coming into force: 29th April 2019

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 87, 93, 94A and 196(1) and (2) of the Social Services and Well-being (Wales) Act 2014 .

Title and commencement

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• (1) The title of these Regulations is the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018.

• (2) These Regulations come into force on 29 April 2019.

Interpretation

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In these Regulations—

• “the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014;

• “the 2016 Act” (“Deddf 2016”) means the Regulation and Inspection of Social Care (Wales) Act 2016 ;

• “the 2003 Regulations” (“Rheoliadau 2003”) means the Fostering Services (Wales) Regulations 2003 ;

• “the 2015 Regulations” (“Rheoliadau 2015”) means the Care Planning, Placement and Case Review (Wales) Regulations 2015 ;

• “central list” (“rhestr ganolog”) means a list established in accordance with regulation 3;

• “employee” (“cyflogai”) has the same meaning as in section 230(1) of the Employment Rights Act 1996 ;

• “foster care agreement” (“cytundeb gofal maeth”) means the written agreement covering the matters specified in Schedule 3 which is entered into between the fostering services provider and the foster parent;

• “foster parent” (“rhiant maeth”) means a person who has been approved as a foster parent in accordance with these Regulations;

• “fostering panel” (“panel maethu”) means a panel established in accordance with regulation 4;

• “fostering services provider” (“darparwr gwasanaethau maethu”) means—a local authority fostering services provider;a regulated fostering services provider;

• “fostering services provider in England” (“darparwr gwasanaethau maethu yn Lloegr”) means—a fostering agency within the meaning of section 4(4)(a) of the Care Standards Act 2000 , ora local authority discharging “relevant fostering functions” within the meaning of section 43(3)(b)(i) of that Act ;

• “local authority fostering service” (“gwasanaeth maethu awdurdod lleol”) means any service provided in Wales by a local authority which consists of or includes the placement of children with foster parents or exercising functions in connection with such a placement, and “service” (“gwasanaeth”) is to be construed accordingly;

• “local authority fostering services provider” (“darparwr gwasanaethau maethu awdurdod lleol”) means the local authority providing the local authority fostering services;

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

• “placement” (“lleoliad”) means the placement of a child with a foster parent under section 81(5), (6)(a) and (b) of the 2014 Act;

• “regulated fostering service” (“gwasanaeth maethu rheoleiddiedig”) means any service provided in Wales by a person registered under section 7 of the 2016 Act to provide a fostering service;

• “regulated fostering services provider” (“darparwr gwasanaethau maethu rheoleiddiedig”) means a person registered under section 7 of the 2016 Act to provide a fostering service;

• “social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in the register maintained by Social Care Wales under section 80 of the 2016 Act, in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017 or in a corresponding register maintained under the law of Scotland or Northern Ireland.

Central list

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• (1) The fostering services provider must maintain a list of persons who are considered by the provider to be suitable to be members of a fostering panel (“the central list”), including—

• (a) one or more social workers who have at least three years' relevant post-qualifying experience, and

• (b) one or more persons who have acted as a foster parent, provided that they are not, and never have been, appointed as a foster parent by the fostering services provider referred to in this paragraph.

• (2) A person who is included in the central list may at any time ask to be removed from the central list by giving one month's notice in writing to the fostering services provider.

• (3) Where the fostering services provider is of the opinion that a person included in the central list is unsuitable or unable to remain on the list, the fostering services provider may remove that person's name from the list by giving them one month's notice in writing, setting out the reasons for the decision.

• (4) Subject to paragraph (5), a member of the central list—

• (a) may hold office for a term not exceeding three years, and

• (b) may not hold office as a member of the central list of the same fostering services provider for more than three terms without an intervening period.

• (5) For the purposes of paragraph (4)(b), an “intervening period” means an unbroken period of at last three years during all of which time the individual in question was not a member of the central list.

Fostering panels

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• (1) Subject to paragraph (2), the fostering services provider must constitute one or more fostering panels, as necessary, to perform the functions of a fostering panel under these Regulations, and must appoint from the persons on the central list panel members including—

• (a) a person to chair the panel who must be independent of the fostering services provider (see paragraph (7)), and

• (b) one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”).

• (2) A fostering panel may be constituted jointly by any two or more fostering services providers, in which case the appointment of members must be made by agreement between the fostering services providers, provided that no member appointed is, or ever has been, approved as a foster parent by either or any of the fostering services providers who are constituting the joint panel.

• (3) A fostering services provider may pay to any member of a fostering panel constituted by them such fee as they may determine, being a fee of a reasonable amount.

• (4) The fostering services provider must ensure that the fostering panel has sufficient members, and that individual members have between them the experience and expertise necessary, to effectively discharge the functions of the panel.

• (5) Any fostering panel member may resign at any time by giving one month's notice in writing to the fostering services provider which appointed them.

• (6) Where a fostering services provider is of the opinion that any member of the fostering panel appointed by them is unsuitable or unable to continue as a panel member, they may terminate that member's appointment at any time by giving the member notice in writing, setting out the reasons for the decision.

• (7) For the purposes of this regulation and regulation 6, a person is not independent of the fostering services provider if—

• (a) they are currently approved by the fostering services provider as a foster parent,

• (b) they are related to an employee of the fostering services provider, or to any person concerned in the management of that service,

• (c) in the case of a local authority fostering service, the person is an elected member of that local authority, or is employed by that local authority for the purposes of the fostering service or for the purposes of any of that local authority's functions relating to the protection or placement of children,

• (d) in the case of a regulated fostering service, the person is employed by, or is a trustee of, that service,

• (e) for the purposes of sub-paragraph (b), a person (“person A”) is related to another person (“person B”) if person A is—

• (i) a member of the household of, or married to or the civil partner of person B;

• (ii) the son, daughter, mother, father, sister or brother of person B; or

• (iii) the son, daughter, mother, father, sister or brother of the person to whom person B is married or with whom person B has registered a civil partnership.

Functions of fostering panels

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• (1) The functions of the fostering panel in respect of cases referred to it by the fostering services provider are—

• (a) to consider each application for approval and to recommend whether or not a person is suitable to act as a foster parent,

• (b) where it recommends approval of an application, to recommend the terms on which the approval is given,

• (c) to recommend whether or not a person remains suitable to act as a foster parent, and whether or not the terms of the person's approval remain appropriate—

• (i) on the first review carried out in accordance with regulation 9(2), and

• (ii) on the occasion of any other review when requested to do so by the fostering services provider in accordance with regulation 9(5), and

• (d) to consider any case referred to it under regulation 8(9) or 9(10).

• (2) In considering what recommendation to make under paragraph (1), the fostering panel—

• (a) must consider and take into account all of the information passed to it in accordance with regulation 7, 8 or 9 (as the case may be),

• (b) may request the fostering services provider to obtain any other relevant information which the fostering panel considers necessary or to provide such other assistance as the fostering panel may request, and

• (c) may obtain such legal advice or medical advice it considers necessary in relation to the case.

• (3) In relation to the case of a person in respect of whom a report has been prepared in accordance with regulation 7(6), the fostering panel must either—

• (a) request the fostering services provider to prepare a further written report, covering all the matters set out in regulation 7(5)(c), or

• (b) recommend that the person is not suitable to be a foster parent.

• (4) The fostering services provider must obtain such information as the fostering panel considers necessary and send that information to the panel, and provide such other assistance as the fostering panel may request, so far as is reasonably practicable.

• (5) The fostering panel must also—

• (a) advise on the procedures under which reviews in accordance with regulation 9 are carried out by the fostering services provider and periodically monitor their effectiveness,

• (b) oversee the conduct of assessments carried out by the fostering services provider, and

• (c) give advice and make recommendations on such other matters or individual cases as the fostering services provider may refer to it.

• (6) The fostering panel must also make a written record of its proceedings and the reasons for its recommendations.

• (7) In this regulation, “recommend” means recommend to the fostering services provider.

Meetings of fostering panels

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• (1) No business may be conducted by a fostering panel unless at least the following meet as the panel—

• (a) either the person appointed to chair the panel or one of the vice chairs,

• (b) one member who is a social worker who has at least three years' relevant post-qualifying experience, and

• (c) three, or in the case of a fostering panel constituted jointly under regulation 4(2), four other members, and

where the chair is not present and the vice chair who is present is not independent of the fostering services provider, at least one of the other panel members must be independent of the fostering services provider.

• (2) A fostering panel must make a written record of its proceedings and the reasons for its recommendations.

Assessment of prospective foster parents

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• (1) Where a person applies to become a foster parent and the fostering services provider decides to assess that person's suitability to become a foster parent, any such assessment must be carried out in accordance with this regulation.

• (2) Subject to paragraph (3), the fostering services provider—

• (a) must, as soon as reasonably practicable, obtain the information specified in Part 1 of Schedule 1 relating to the person and other members of the person's household and family,

• (b) where the person has been a foster parent within the preceding three years and was approved as such by another fostering services provider or by a fostering services provider in England, must request a written reference from that other fostering services provider,

• (c) except in a case where sub-paragraph (b) applies and the other fostering services provider provides the reference requested, must interview at least two individuals nominated by the person to provide personal references for them, and prepare written reports of the interviews,

• (d) except where the fostering services provider is a local authority and the person lives in the area of that authority, must consult, and take into account the views of, the local authority in whose area the person lives,

• (e) may, where the person was approved as a foster parent by another fostering services provider and consents, request access to the relevant records compiled by that other fostering services provider in relation to the person, and

• (f) may, where the person has been approved as a prospective adopter by an adoption agency and consents, request access to the relevant records compiled by that adoption agency in relation to that person.

• (3) Where—

• (a) having regard to any information obtained under paragraph (2), the fostering services provider decides that the person is not suitable to become a foster parent, or

• (b) the person is not suitable to become a foster parent by virtue of paragraphs (8) to (10), and paragraph (11) does not apply,

the fostering services provider must notify the person in writing that they are not suitable to be a foster parent, giving the reasons for that decision.

• (4) The notification in paragraph (3)—

• (a) is not a determination in respect of which the person may apply to the Welsh Ministers for a review by an independent review panel,

• (b) may be given notwithstanding that the fostering services provider has not obtained all the information set out in paragraph (2), and

• (c) may not be given more than 10 working days after the fostering services provider has obtained all the information set out in paragraph (2).

• (5) Where the fostering services provider has obtained all the information set out in paragraph (2) and has not given the notification in paragraph (3) within 10 working days of doing so, the fostering services provider must, subject to paragraph (6)—

• (a) obtain the information specified in Part 2 of Schedule 1 relating to the person and other members of the person's household and any other information considered relevant,

• (b) consider whether the person is suitable to be a foster parent and whether the person's household is suitable for any child,

• (c) prepare a written report on the person which includes the following matters—

• (i) the information required by Schedule 1 and any other information the fostering services provider considers relevant,

• (ii) the assessment of the fostering services provider of the person's suitability to be a foster parent, and

• (iii) the proposals of the fostering services provider about any terms of approval, and

• (d) notify the person that the case is to be referred to the fostering panel, and give the person a copy of the report prepared under sub-paragraph (c) inviting the person to send any observations in writing to the fostering services provider within 10 working days beginning with the date on which the notification is sent.

• (6) Where, having regard to any information obtained under paragraph (5)(a), the fostering services provider decides that the person is unlikely to be considered suitable to become a foster parent, it may proceed to prepare a written report under paragraph (5)(c) notwithstanding that it may not have obtained all the information about the person which is required by paragraph (5)(c).

• (7) At the end of the 10 working days referred to in paragraph (5)(d) (or when the person's observations are received, whichever is sooner), the fostering services provider must send—

• (a) the report prepared under paragraph (5)(c),

• (b) the person's observations on that report, if any, and

• (c) any other relevant information obtained by the fostering services provider,

to the fostering panel.

• (8) Subject to paragraph (11), the person is not suitable to be a foster parent if the person, or any member of the person's household aged 18 or over—

• (a) has been convicted of a specified offence committed at the age of 18 or over, or

• (b) has been cautioned by a constable in respect of any such offence.

• (9) In paragraph (8), “specified offence” (“trosedd benodedig”) means—

• (a) an offence against a child,

• (b) an offence specified in Part 1 of Schedule 2,

• (c) an offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions) where the prohibited goods included indecent photographs of children under the age of 16,

• (d) any other offence involving bodily injury to a child, other than an offence of common assault or battery, and