1. Following the proposed introduction of Permanence Orders by the Adoption and Children (Scotland) Bill, if a foster carer is given parental rights and responsibilities, even though the carer and the child may be the same, the legal relationship will be different and it would be appropriate to reconsider care plans etc. We propose to amend the Arrangements to Look After Children (Scotland) Regulations 1996 (S.I. 1996/3262) to address the needs of the child and to amend the Fostering of Children (Scotland) Regulations 1996 (S.I. 1996/3263) to address the needs of the carer. | No reference to Permanence Orders in the regulations at present. | Adoption Policy Review Group ( APRG) 4 recommendation: (10.7 of the APRG report) |
2. The restriction on fostering by adults of the same sex living in the same household will be removed. | Fostering of Children (Scotland) Regulations 1996 12(4) In making arrangements under this Part of the Regulations the local authority shall not foster a child with a person except where the household of the person comprises: (a) a man and a woman living and acting jointly together; or (b) a man or a woman living and acting alone, provided that a person shall not be disqualified by virtue of this regulation where the household also comprises other relatives of the person who are not themselves concerned in the undertaking to care for the child. | APRG recommendation. (10.19) |
3. The emergency placement provision will be clarified, for example to address the issue that on occasion children are placed with childminders in an emergency, when no foster carers are available. We also propose that it should be self-contained, without cross-reference to other regulations. Provisions on immediate placements should also be self contained. Immediate placements should last for up to four months, subject to an interim assessment and approval, during which time a full assessment and approval should be carried out. | Fostering of Children (Scotland) Regulations 1996 Emergency and immediate placements Regulation 13 says that where arrangements have been made for the placement of a child in an emergency, a local authority may for a period not exceeding 72 hours place them with an approved foster carer. However, before an emergency placement is made the authority must (a) satisfy themselves that a foster placement is the most suitable way of meeting the child's needs; and (b) obtain a written agreement from the person with whom the child is to be placed that that person will care for the child safely and appropriately. The authority must also provide the person with: (a) relevant information about the child's background, health and emotional development; and (b) any other information which the local authority consider relevant to the placement. Regulation 14 says that where a local authority are satisfied that the immediate placement of a child is necessary they may place the child with a person who is not an approved foster carer for a period not exceeding six weeks, provided, after interviewing the person, inspecting the accommodation and obtaining information about the person and other persons living in his household, the authority are also satisfied that the person is a relative or friend of the child; the person has made a written agreement with the local authority to care for the child safely and appropriately and that this is the most suitable way to meet the child's needs. | APRG recommendation (10.21 and 10.24) |
4. The regulations will also be amended to ensure that all carers undergo assessment of some form, including those carers who have children placed with them by the Hearings system, no matter what the carers' relationship to the child. | Fostering of Children (Scotland) Regulations 1996 Regulation 15 says that where a local authority submit a report on a child to a children's hearing, they may recommend that the child be placed in a place where he is to be under the charge or control of a person who is not his parent or guardian only if that person is an approved foster carer or a relative or friend of the child. If the person is a relative or friend, the six week limitation on the placement before a full assessment is carried out (see Reg 14 above) does not apply. | APRG recommendation (10.27) |
5. APRG proposed some ways in which fostering panels operate should be changed that would require amendments to the 1996 Fostering Regulations. APRG's recommendations were: - Fostering applicants and existing carers on review should have the right to make oral or written representations to fostering panels, including the right to attend the panel.
- Fostering panels should be involved in reviews of foster carers every three to five years.
- Fostering applicants should be given a right to receive a copy of their assessment report, excluding confidential third party information.
There should be an independent system for appeals by prospective foster carers and existing foster carers. | No reference to this in the regulations at present | APRG recommendations (11.40, 11.42, 11.50) They also recommended that there should be general guidance from the Scottish Executive on fostering and adoption/permanence panels covering composition of panels, qualification of members, format of minutes and the meaning of 'panel' and 'panel meeting'. (11.54) |