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The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

Type Welsh-Statutory-Instrument

Publication 2019-01-31

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 31 January 2019

Coming into force: 29 April 2019

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 21(5), 27, 28, 30, 31, 45, 46 and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”).

The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) of the 2016 Act, and published a statement about the consultation as required by section 27(4)(b) of that Act. The Welsh Ministers have also laid the statement before the National Assembly for Wales as required by section 27(5) of that Act.

A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(f), (g), (j) and (k) of the 2016 Act and has been approved by a resolution of the National Assembly for Wales.

PART 1 — General

Title and commencement

1

(1) The title of these Regulations is the Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019.

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

Interpretation

2

In these Regulations—

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

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

“the 2017 Registration Regulations” (“Rheoliadau Cofrestru 2017”) means the Regulated Services (Registration) (Wales) Regulations 2017 ;

“the 2018 Regulations” (“Rheoliadau 2018”) means the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 ;

“abuse” (“camdriniaeth”, “cam-drin”) means physical, sexual, psychological, emotional or financial abuse, and “financial abuse” (“camdriniaeth ariannol”) includes—having money or other property stolen,being defrauded,being put under pressure in relation to money or other property, orhaving money or other property misused;

“area authority” (“awdurdod ardal”) means the local authority or local authority in England for the area in which the child is placed, or is to be placed, where this is different from the placing authority;

“care and support plan” (“cynllun gofal a chymorth”) means a plan for the child made under section 83 of the 2014 Act ;

“child who is looked after by a local authority” (“plentyn sy'n derbyn gofal gan awdurdod lleol”) has the same meaning as in section 74 of the 2014 Act;

“DBS certificate” (“tystysgrif GDG”) means a certificate of a type referred to in paragraph 2 or 3 of Schedule 1;

“the Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) and “DBS” (“GDG”) mean the body formed by section 87(1) of the Protection of Freedoms Act 2012 ;

“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 to the 2018 Regulations;

“foster parent” (“rhiant maeth”) means a person who has been approved as a foster parent in accordance with the 2018 Regulations, and includes a person with whom a child is placed under regulation 26 of the 2015 Regulations (temporary approval of a relative, friend or other person connected with a child) or regulation 28 of those Regulations (temporary approval of a particular prospective adopter as a foster parent);

“general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner who—provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006 , orprovides services which correspond to services provided under Part 4 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

“improper treatment” (“triniaeth amhriodol”) means discrimination or unlawful restraint, including inappropriate deprivation of liberty under the terms of the Mental Capacity Act 2005 ;

“local authority in England” (“awdurdod lleol yn Lloegr”) means—a county council in England,a district council for an area in England for which there is no county council,a London borough council, orthe Common Council of the City of London;

“neglect” (“esgeulustod”) has the same meaning as in section 197(1) of the 2014 Act;

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

“personal outcomes” (“canlyniadau personol”) means—the outcomes that the child wishes to achieve, orthe outcomes that any persons with parental responsibility wish to achieve in relation to 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;

“placing authority” (“awdurdod lleoli”) means, in relation to a child who is looked after by a local authority or local authority in England, that local authority;

“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010 ;

“responsible individual” (“unigolyn cyfrifol”) means an individual designated by a service provider when making an application to register under section 6 of the 2016 Act;

“social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in the register maintained by SCW 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;

“staff” (“staff”) includes—persons employed by the service provider to work at the service as an employee or a worker, andpersons engaged by the service provider under a contract for services,but does not include persons who are allowed to work as volunteers;

“statement of purpose” (“datganiad o ddiben”) means the document containing the information which must be provided in accordance with regulation 3(c) of and Schedule 2 to the 2017 Registration Regulations for the place in relation to which the service is provided ;

“worker” (“gweithiwr”) has the same meaning as in section 230(3) of the Employment Rights Act 1996.

PART 2 — General requirements on service providers

Requirements in relation to the provision of the service

3

The service provider must ensure that the service is provided with sufficient care, competence and skill, having regard to the statement of purpose.

Requirements in relation to the statement of purpose

4

(1) The service provider must provide the service in accordance with the statement of purpose.

(2) The service provider must—

(a) keep the statement of purpose under review, and

(b) where appropriate, revise the statement of purpose.

(3) The service provider must give notice to the persons listed in paragraph (4) of any revision to be made to the statement of purpose at least 28 days before it is to take effect.

(4) The persons who must be given notice of any revision to the statement of purpose in accordance with paragraph (3) are—

(a) the Welsh Ministers,

(b) any child placed with a foster parent by the service provider, unless it would not be appropriate to do so having regard to the child's age and understanding,

(d) foster parents and prospective foster parents,

(e) persons working for the purposes of the fostering service,

(f) the placing authority.

(5) The service provider must provide the up to date statement of purpose to any person on request, unless it is not appropriate to do so or would be inconsistent with the well-being of a child.

Requirements in relation to monitoring and improvement

5

(1) The service provider must ensure that there are effective arrangements in place for monitoring, reviewing and improving the quality of the service.

(2) The arrangements must include arrangements for seeking the views of—

(a) any child placed with a foster parent by the service provider,

(b) the parents of any such child, unless this is inappropriate or inconsistent with the child's well-being,

(d) persons working for the purposes of the fostering service,

(e) the placing authority, and

(f) in the case of a child who is placed with an area authority, that area authority,

on the quality of the service and how this can be improved.

(3) When making any decisions on plans for improvement of the quality of the service, a service provider must—

(a) take into account the views of those consulted in accordance with paragraph (2), and

(b) have regard to the report prepared by the responsible individual in accordance with regulation 63(4) (quality of care review).

Requirements in relation to the responsible individual

6

(1) This regulation does not apply to a service provider who is an individual.

(2) A service provider to whom this regulation applies must ensure that the person who is designated as the responsible individual —

(a) is supported to carry out their duties effectively, and

(b) undertakes appropriate training.

(3) In the event that the service provider has reason to believe that the responsible individual has not complied with a requirement imposed by the regulations in Parts 12 to 16, the provider must—

(a) take such action as is necessary to ensure that the requirement is complied with, and

(b) inform the Welsh Ministers.

(4) During any time when the responsible individual is unable to fulfil their duties, the service provider must ensure that there are arrangements in place for—

(a) the effective management of the service,

(b) the effective oversight of the service,

(d) monitoring, reviewing and improving the quality of the service.

(5) If the responsible individual is unable to fulfil their duties for a period of more than 28 days, the service provider must—

(a) notify the Welsh Ministers, and

(b) inform the Welsh Ministers of the interim arrangements.

Requirements in relation to the responsible individual where the provider is an individual

7

(1) This regulation applies where the provider of a service is an individual.

(2) If this regulation applies, the individual must undertake appropriate training for the proper discharge of their duties as the responsible individual.

(3) During any time when the individual is absent, they must ensure that there are arrangements in place for—

(a) the effective management of the service,

(b) the effective oversight of the service,

(d) monitoring, reviewing and improving the quality of the service.

(4) If the individual is unable to fulfil their duties as a responsible individual for a period of more than 28 days, they must—

(a) notify the Welsh Ministers, and

(b) inform the Welsh Ministers of the interim arrangements.

Requirements in relation to the financial sustainability of the service

8

(1) The service provider must take reasonable steps to ensure that the service is financially sustainable for the purpose of achieving the aims and objectives set out in the statement of purpose.

(2) The service provider must maintain appropriate and up to date accounts for the service.

(3) The service provider must provide copies of the accounts to the Welsh Ministers within 28 days of being requested to do so.

(4) The Welsh Ministers may require the accounts to be certified by an accountant.

Requirements to provide the service in accordance with policies and procedures

9

(1) The service provider must ensure that the following policies and procedures are in place for the service—

(a) placement and commencement of the service (see regulation 11 (suitability of the service)),

(b) safeguarding (see regulation 21),

(d) bullying (see regulation 25),

(e) absence (see regulation 26),

(f) medication (see regulation 27 (access to health services)),

(g) supporting and developing staff (see regulation 31),

(h) staff discipline (see regulation 34),

(i) complaints (see regulation 42),

(j) whistleblowing (see regulation 43),

(k) support for foster parents on how to help children manage their money (see regulation 48).

(2) The service provider must also have such other policies and procedures in place as are reasonably necessary to support the aims and objectives of the service set out in the statement of purpose.

(3) The service provider must ensure that the content of the policies and procedures which are required to be in place by virtue of paragraphs (1) and (2) is—

(a) appropriate to the needs of children for whom care and support is provided,

(b) consistent with the statement of purpose, and

(4) The service provider must put arrangements in place to ensure that the service is provided in accordance with those policies and procedures.

(5) The service provider must ensure that the content of the policies and procedures which are required to be in place under paragraph (1)(a), (b), (c), (d) and (i) takes into account the needs of any other children who may be affected by the placement being made.

Duty of candour

10

The service provider must act in an open and transparent way with—

(a) any child placed by the service provider,

(b) the parents of any such child,

(d) the placing authority,

(e) in the case of a child who is placed with an area authority, that area authority.

PART 3 — Requirements on service providers as to the steps to be taken before providing care and support

Suitability of the service

11

(1) The service provider must not agree to place a child with a foster parent unless the provider has determined that there is a suitable placement which can meet the child's needs for care and support and enable the child to achieve their personal outcomes.

(2) The service provider must have in place a policy and procedures on placements and commencement of the service.

(3) The determination under paragraph (1) must take into account—

(a) the child's care and support plan,

(b) any health or other relevant assessments,

(d) any risks to the child's well-being,

(e) any risks to the well-being of any other child who may be affected by the placement to be made,

(f) the child's religious persuasion, racial origin, cultural and linguistic background, sexual orientation and gender identity,

(g) any reasonable adjustments which the service provider could make to enable the child's care and support needs to be met,

(h) the service provider's policy and procedures on placements and commencement of the service.

(4) In making the determination in paragraph (1), the service provider must involve—

(a) the child, where practicable,

(b) the child's parents, unless this is inappropriate or inconsistent with the child's well-being,

PART 4 — Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support

Information about the service

12

(1) The service provider must prepare a written guide to the service.

(2) The guide must be—

(a) dated, reviewed at least annually and updated as necessary,

(b) in a language, style, presentation and format which is appropriate for both children (of all ages and understanding) and adults,

(i) any child placed by the service provider,

(ii) any foster parents and prospective foster parents,

(iii) the placing authority, and

(d) made available to others on request, unless this is not appropriate or would be inconsistent with the well-being of the child.

(3) The guide must contain the following—

(a) a summary of the policies and procedures which the service provider must put in place under regulation 9(1)(a), (b), (c), (d), (e), (f), (i) and (k),

(b) information about how to make a complaint,

(d) information about the role and contact details for the Children's Commissioner for Wales.

(4) The service provider must ensure that children receive such support as is necessary to enable them to understand the information contained in the guide.

PART 5 — Requirements on service providers as to the standard of care and support to be provided

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