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Scottish Statutory Instruments
2008 No.
children and young persons
social work
The Looked After Children (Scotland) Regulations 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
Arrangement of Regulations
PART I
GENERAL
1. Citation and commencement
2. Interpretation
PART II
PLANNING FOR LOOKED AFTER CHILDREN
3. Duty of local authority to make a care plan in respect of a child to be looked after or looked after by them
4. Matters to be addressed in a care plan
5. Considerations to which a local authority shall have regard in making a care plan for a child to be, or being, looked after by them
6. Considerations to which a local authority shall have regard in making a care plan for a child to be, or being, looked after by them, where the local authority are considering placing the child
7. Review of children's cases
8. Time when case is to be reviewed
9. Review of child's case: permanence order
10. Recording review information
11. Health requirements
12. Notification of occurrences involving the child
13. Death of a child
14. Arrangements for child to be cared for by parents
15. Application of Regulations to short-term placements
16. Notification by local authority of placement
PART III
PLACEMENTS
17. Decision to place a child in a foster placement
18. Emergency placement
19. Review following emergency placement
20. Recommendations by a local authority
21. Information to be supplied to persons in respect of each child placed in a residential establishment
PART IV
PANELS
22. Appointment and composition of fostering panels
23. Meetings of the fostering panel and joint fostering panel
24. Functions of fostering panel
25. Approval of foster carers by a fostering agency
26. Approval of relative carers by a fostering agency
27. Agreements with foster carers and relative carers
28. Reviews and terminations of approval
29. Review of approval: further provision
30. Payment of allowances
PART V
ARRANGEMENTS WITH VOLUNTARY ORGANISATIONS
31. Arrangements with voluntary organisations
32. Circumstances necessitating visits by local authorities
PART VI
RECORDS
33. Establishment of records for looked after child
34. Establishment of case records for carers with whom a child is placed
35. Retention and confidentiality of records
36. Revocation
SCHEDULE 1 - INFORMATION RELATING TO THE CHILD
SCHEDULE 2 - MATTERS TO BE ADDRESSED IN THE CARE PLAN
PART I - MATTERS TO BE ADDRESSED IN THE CARE PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY
PART II - MATTERS TO BE ADDRESSED IN THE CARE PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY
SCHEDULE 3 - MATTERS AND OBLIGATIONS IN EMERGENCY PLACEMENT AGREEMENTS
SCHEDULE 4 - INFORMATION AS TO PROSPECTIVE FOSTER CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY
SCHEDULE 5 - MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS
SCHEDULE 6 - VOLUNTARY ORGANISATIONS
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(2), (3) and (4) of the Social Work (Scotland) Act 1968( 9) and sections 17, 31 and 103(2) of the Children (Scotland)Act( 10) and all other powers enabling them to do so.
PART I
GENERAL
Citation and commencement
1.These Regulations may be cited as the Looked After Children (Scotland) Regulations 2008 and shall come into force on 2008.
Interpretation
2. In these Regulations-
"the 1980 Act" means the Education (Scotland) Act 1980( 11);
"the 1995 Act" means the Children (Scotland) Act 1995( 12);
"the 2001 Act" means the Regulation of Care (Scotland) Act 2001( 13);
"the 2007 Act" means the Adoption and Children (Scotland) Act 2007( 14);
"foster carer" means a person approved under regulation 25;
"derivative approval" means approval by one fostering agency of a person as a foster carer under regulation 25 or 26 where that person is currently approved as such by another fostering agency;
"foster" means arrange for a child to live as a member of the family of a person who is-
(a) not a parent;
(b) does not have parental responsibilities in respect of the child unless such parental responsibilities are conferred by virtue of a permanence order; and
(c) not a relevant person in relation to the child,
who undertakes to look after the child other than in accordance with an adoption order made under section 28(1) of the 2007 Act;
"fostering agency" means-
(a) a local authority; or
(b) a registered fostering service;
"Health Board" means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978( 15);
"parent" means the mother or the father of the child;
"permanence order" means an order made under section 80(1) (permanence orders) of the 2007 Act;
"placement" means, subject to regulation 15, the provision of accommodation by a local authority for a child looked after by them by any of the means specified in section 26 (manner of provision of accommodation by local authority) of the 1995 Act or in pursuance of a supervision requirement under section 70 (disposal of referral by children's hearings) of the 1995 Act;
"registered fostering service" means a voluntary organisation whose functions consist of or include the making of arrangements for or in connection with the performance of functions assigned to a local authority-
(a) under section 26(1)(a) of the 1995 Act; or
(b) by virtue of section 5(2) to (4) of the Social Work (Scotland) Act 1968( 16),
and which is registered under Part 1 of the 2001 Act;
"relative" means a grandparent, brother, sister, uncle or aunt of the child (in each case, whether or not by affinity, and in the cases of a brother, sister, uncle or aunt, whether of the full-blood or half-blood); and includes a civil partner of any such grandparent, brother, sister, uncle or aunt;
"relative carer" means a person approved under regulation 26;
"residential establishment" has the meaning given by section 94 of the Social Work (Scotland) Act 1968;
"so far as is reasonably practicable" means in regulations 3(1), 3(3), 4(2), 4(4), 11(1), 16(1) and 16(3)(a) (notwithstanding the use of the word "before" in those provisions) so far as is reasonably practicable before a local authority look after or, as the case may be, place a child, failing which as soon as is reasonably practicable thereafter.
PART II
PLANNING FOR LOOKED AFTER CHILDREN
Duty of local authority to make a care plan in respect of a child to be looked after or looked after by them
3. - Before a child begins to be looked after by a local authority under section 17(6) (child who is "looked after" by a local authority) of the 1995 Act, the authority shall, so far as is reasonably practicable, produce a plan to be known as a "care plan".
(1) The care plan shall address-
(a) the child's immediate and longer-term needs and how those needs can be met; and
(b) how to safeguard and promote the child's welfare with a view to making sustainable and long term arrangements.
(2) In preparing the care plan a local authority shall-
(a) so far as is reasonably practicable, obtain and record in writing the information relating to the child specified in Schedule 1;
(b) take into account all information available to them relevant to the performance of their duties under section 17(1) to (5) (duty of local authority to child looked after by them) of the 1995 Act; and
(c) in the case of a child to be placed, consider placing the child with a person related or known to the child before placing with a carer not known to the child or in a residential establishment.
Matters to be addressed in a care plan
4. - The care plan shall include, where applicable-
(a) for each case of a child to be looked after or being looked after by the local authority arrangements concerning the matters specified in Part I of Schedule 2;
(b) in each case where the authority are considering placing or have placed the child, arrangements concerning the matters specified in Part II of Schedule 2; and
(c) for a child to be placed under an emergency placement under regulation 18 arrangements concerning the matters specified in Part I of Schedule 2;
(2) In the case of a child described in section 25(7)(a) (child aged 16 or over agreeing to be provided with accommodation) of the 1995 Act the care plan shall so far as is reasonably practicable be agreed by the local authority with the child before a placement.
(3) Paragraph (4) applies to any case of a child looked after by a local authority other than a case mentioned in paragraph (2), and subject to the terms of a supervision requirement, or an order made, or authorisation or warrant granted, by virtue of Chapter 2, 3 or 4 of Part II of the1995 Act, in respect of the child.
(4) The care plan shall, so far as is reasonably practicable, be agreed by the local authority with-
(a) the parents of the child; and
(b) any person who has parental responsibilities or parental rights in relation to the child; or
(c) if there is no such person, the person ordinarily with charge of or control over the child,
before the child is looked after.
(5) All matters relating to a care plan shall be recorded in writing.
(6) A copy of the care plan shall be provided to-
(a) the child;
(b) the parents of the child; and
(c) the person ordinarily with charge or control over the child.
Considerations to which a local authority shall have regard in making a care plan for a child to be, or being, looked after by them
5. - This regulation applies where a local authority are making a care plan for a child to be, or being, looked after by them.
(1) The local authority in making a care plan shall have regard to-
(a) the nature of the service to be provided in the immediate and longer-term with particular regard to any information referred to in Schedule 1;
(b) alternative courses of action including assessing family and friends of the child as prospective relative carers;
(c) plans for meeting the long term needs of the child;
(d) whether the local authority should seek a change in the child's legal status;
(e) the arrangements which need to be made for the time when the child would or will no longer be looked after by the local authority;
(f) so far as practicable, the matters listed in section 17(4) (matters which a local authority shall have regard to in making any decision) of the1995 Act; and
(g) any further matters relating to the child as appear to the local authority to be relevant for the making of the care plan.
(2) The care plan shall, so far as reasonably practicable, be agreed by the local authority with-
(a) the parents of the child; and
(b) any person who has parental rights or parental responsibilities in relation to the child; or
(c) if there is no such person, the person ordinarily with charge or control over the child.
Considerations to which a local authority shall have regard in making a care plan for a child to be, or being, looked after by them, where the local authority are considering placing the child
6. - Without prejudice to regulation 5, this regulation applies where a local authority are making a care plan for a child to be, or being, looked after by the local authority and the local authority are considering placing the child.
(1 In addition to any consideration referred to in regulation 5, the local authority in making a care plan shall have regard to-
(a) whether there is any need for changes in the contact arrangements in order to promote contact with the child's family and others;
(b) in the light of any information recorded which is specified in paragraph 9 of Schedule 1, the need to change existing health arrangements;
(c) in the light of any information recorded which is specified in paragraph 10 of Schedule 1, the means of achieving any educational need and the means of achieving continuity in the child's education;
(d) in the case of a placement in a residential establishment, whether, having regard to the establishment's statement of functions and objectives, that particular placement is appropriate for the child's needs.
(2) Where this regulation applies and a local authority are considering fostering the child or placing him in a residential establishment, they shall, so far as is consistent with their duty under section 17 (duty of local authority to child looked after by them) of the 1995 Act and having ascertained so far as practicable the views of the child having regard to his age and maturity, ensure that-
(a) in the case of fostering, the person with whom the child is to be fostered is of the same religious persuasion as the child or, if that is not practicable, that the person undertakes that the child will be brought up in accordance with the child's religious persuasion; and
(b) in the case of a placement in a residential establishment, the child will be brought up in accordance with his religious persuasion (with the local authority having consulted the person in charge of the residential establishment).
(3) Where paragraph (3) applies and the local authority are making arrangements in relation to 2 or more children in the same family, the local authority shall, so far as is consistent with their duty under section 12 (duty of local authority to child looked after by them) of the1995 Act and, having ascertained the views of each child having regard to their age and maturity, ensure that-
(a) in the case of fostering, the children are fostered in the same house or, if that is not appropropriate or practicable, in homes as near together as is appropriate or practicable; and
(b) in the case of placement in a residential establishment, the children are placed in the same residential establishment or, where that is not appropriate or practicable, that the placements facilitate as far as possible continued mutual contact and access.
Review of children's cases
7. - Each local authority shall review in accordance with these Regulations the case of each child while they are being looked after by them.
(1) In carrying out any review, a local authority shall-
(a) consider the care plan made by virtue of regulation 3 and 4, and revise the care plan as appropriate;
(b) have regard to the considerations mentioned in regulations 5 and 6; and
(c) within 6 months of the date when the local authority first began to look after the child make a plan for the long term needs of the child.
Time when case is to be reviewed
8. - Subject to paragraph (4) a local authority shall carry out the following reviews of the case of a child looked after and placed by the authority:-
(a) a first review within 6 weeks from the date of such placement;
(b) a second review within 3 months from the date of the first review; and
(c) thereafter subsequent reviews within 6 months from the date of the previous review.
(2) Subject to paragraph (4) a local authority shall carry out the following reviews of the case of a child looked after but not placed by the authority:-
(a) a first review within 3 months from the date on which the authority began to look after the child; and
(b) thereafter subsequent reviews within 6 months from the date of the previous review.
(3) Notwithstanding paragraphs (1) and (2), a review shall be carried out prior to-
(a) a decision by the local authority to refer the case of the child to the Principal Reporter under section 73(4) (a child who is subject to a supervision requirement) of the1995 Act;
(b) an application by the local authority for a permanence order under section 80 (permanence orders) of the 2007 Act; and
(c) where practicable under any other circumstances when a children's hearing is convened under section 73 (duration and review of supervison requirement) or 65(3) (referral in respect of a child who is subject to a supervision requirement) of the 1995 Act to consider the case of the child except in the case of a referral made to the Principal Reporter as mentioned in paragraph (a).
(4) This regulation shall not apply to the case of a child who is looked after in pursuance of a permanence order.
Review of child's case: permanence order
9. Where a child is looked after in pursuance of a permanence order the local authority shall agree the frequency of reviews of the child's case with-
(a) the child; and
(b) the person or persons in whom parental responsibilities and parental rights are vested by virtue of the permanence order.
Recording review information
10. Each local authority shall record in writing-
(a) information obtained in respect of the review of a child's case;
(b) details of the proceedings at any meeting arranged by the authority at which the child's case is considered in connection with any aspect of the review of that case; and
(c) details of any decisions, arrangements or revised care plan made in the course of or as a result of the review.
Health requirements
11. - Subject to regulation 15(3), a local authority shall, so far as is reasonably practicable before placing a child looked after by them-
(a) ensure that arrangements are made for the child to be examined by a registered medical practitioner; and
(b) obtain from the practitioner who has carried out the examination a written assessment of the state of health of the child and his need for health care,
unless the child has been so examined and such assessment has been made within a period of 3 months immediately preceding the date the child began to be looked after by them.
(2) During the placement of the child the local authority shall ensure that arrangements are made for a child to be provided with health care services, including medical and dental care and treatment.
(3) Nothing in this regulation shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991( 17) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and, without prejudice to that generality, where this provision requires an examination or treatment of a child and the child has the capacity mentioned in section 2(4), the examination or treatment shall be carried out only if the child consents.
Notification of occurrences involving the child
12. - The local authority shall require the person with whom a child is placed to notify the authority forthwith if the child-
(a) dies;
(b) suffers an illness or injury likely to result in death or serious disability; or
(c) without lawful authority absents himself or is taken away from the person's home.
(2) On receiving notification under paragraph (1), the local authority shall, so far as is reasonably practicable, forthwith notify every person who has parental responsibility for him.
Death of a child
13. - If a child who is being looked after by a local authority dies, the authority shall forthwith-
(a) notify the Scottish Ministers;
(b) subject to paragraph (2) and so far as is reasonably practicable, notify every parent of the child.
(2) The local authority shall not be required to notify under paragraph (1)(b) any parent with whom the child was residing at the time of his death.
Arrangements for child to be cared for by parents
14. - A local authority looking after a child may, subject to paragraph (2), make arrangements for the child to be cared for by his own parents or by a person who is not a parent of his but who has parental responsibility for him.
(1) A local authority may not make arrangements under paragraph (1) where the authority are providing accommodation for the child by virtue of section 25 of the 1995 Act.
(2) Any arrangements by a local authority under paragraph (1)-
(a) shall be subject to the terms of a supervision requirement made, or an order made, or authorisation or warrant granted, by virtue of Chapter 2, 3 or 4 of Part II of the 1995 Act in respect of the child; and
(b) shall not return the child to the care of a parent of the child, where the child was by virtue of any order, authorisation or warrant removed from the care of such parent.
Application of Regulations to short-term placements
15. - Subject to paragraph (3), this regulation applies to a series of planned short-term placements where the following conditions are satisfied:-
(a) all the placements occur within a period which does not exceed 1 year;
(b) no single placement is for a duration of more than 4 weeks; and
(c) the total duration of the placements does not exceed 120 days.
(2) Any series of short-term placements to which this regulation applies may be treated as a single placement for the purpose of these Regulations, except that for the purposes of regulation 8(1) the local authority shall carry out the first review of the placement within 3 months from the date on which the placement was first made and thereafter at intervals of not more than 6 months from the date of the previous review.
(3) An examination of the type referred to in regulation 11(1) shall be required only at the beginning of the period of a series of placements when the series is planned and, notwithstanding paragraph (1)(a), such a series may last for more than one year.
Notification by local authority of placement
16. - Subject to paragraphs (2) and (3), where a local authority make a placement in accordance with these Regulations they shall as soon as is reasonably practicable give written notice of the placement and the relevant information about the placement to-
(a) the local authority in whose area the person with whom the child is placed resides if that authority is different from the placing authority;
(b) the Health Board in whose area the child is to reside;
(c) each parent or relevant person in relation to the child whose whereabouts are known except where-
(i) they have already received a written copy of the care plan made under regulation 4;
(ii) the local authority consider, having regard to section 17 (duty of local authority to child looked after by them) of the 1995 Act, that in the interests of the child such particulars should not be given to a particular person; or
(iii) a supervision requirement, order or warrant under Part II of the 1995 Act specifies that the place at which the child is to be kept shall not be disclosed to a particular person.
(2) Where it is not intended that the placement shall last for more than 28 days, notification in terms of paragraph (1)(a) and (b) is not required unless-
(a) in respect of notification in terms of paragraph (1)(a), the child has significant medical or additional support needs;
(b) in respect of notification in terms of paragraph (1)(b), the child has a problem of medical significance or the child is below compulsory school age within the meaning of section 31 (school age) of the 1980 Act; or
(c) any such placement does last for more than 28 days.
(3) Written notice shall be given-
(a) where paragraph (2)(a) or (b) applies, so far as is reasonably practicable before placement; and
(b) where paragraph (2)(c) applies, as soon as possible after the expiry of the 28 days referred to in that sub-paragraph.
PART III
PLACEMENTS
Decision to place a child in a foster placement
17. - A local authority shall not place the child unless they are satisfied that-
(a) placement is in the best interests of the child;
(b) placement of the child with the particular foster carer is in the child's best interests;
(c) subject to regulation 18 and 20, the person with whom it is proposed to place the child has been approved by the fostering agency as a foster carer in accordance with regulation 25 or 26;
(d) they have taken into account all information available to them relevant to the performance of their duties under section 17(1) to (5) (duty of local authority to child looked after by them) of the 1995 Act; and
(e) where the child is not to be placed with a family member, that they have fully explored the possibility of placing the child with a family member, but there is no suitable family member available.
(2) A local authority shall not place a child under this Part of the Regulations unless-
(a) the carer is approved under regulation 25 or 26;
(b) the carer has entered into a written agreement with the authority in terms of regulation 27, which covers the matters specified in Schedule 5;
(c) in the case of an emergency placement under regulation 18 the carer has entered into a written agreement with the authority in terms of regulation 18 which covers the matters specified in Schedule 3; and
(d) the terms of the carer's approval are consistent with the placement.
(3) Where the person with whom the child is fostered dies or ceases to live in the household the local authority shall not remove the child from that household provided that the local authority satisfy themselves that the carer has entered into a written agreement with the authority in terms of regulation 18 which covers the matters specified in Schedule 3.
Emergency placement
18. - 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-
(a) any person approved under regulation 25 or 26; or
(b) a person known to the child.
(2) Before an emergency placement is made pursuant to paragraph (1) the authority shall satisfy themselves that an emergency placement is the most suitable way of meeting the child's needs.
(3) Before an emergency placement is made under paragraph (1)(a) the local authority shall satisfy themselves that the terms of the carer's approval are consistent with the placement.
(4) The person with whom the child is placed shall sign a written agreement with the local authority to carry out the duties specified in Schedule 3.
(5) Where a local authority place a child under paragraph (1)(a) they shall provide the person with whom the child is placed 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.
(6) Where a local authority place a child under paragraph (1)(b) they must prepare a care plan in accordance with regulations 3 and 4.
Review following emergency placement
19. - This regulation applies where a child is placed in an emergency under regulation 18.
(1) Within 72 hours of the child being placed the local authority must review the child's case to determine whether placement continues to be in the best interests of the child.
(2) Where the local authority is satisfied that placement continues to be in the best interests of the child the local authority shall-
(a) prepare a care plan in respect of the child in accordance with regulation 3 and 4;
(b) determine whether the conditions specified in regulation 17(1)(a) to (e) and (2) are met.
(3) A child may not remain in an emergency placement after the expiry of 72 hours unless the local authority is satisfied that all the conditions in regulation 17(1)(a) to (e) and (2) are satisfied.
Recommendations by a local authority
20. - Where a local authority submit a report on a child to a children's hearing under section 56(7) (initial investigation by the Principal Reporter) of the 1995 Act they may recommend that the child be placed with-
(a) a relevant person;
(b) a relative; or
(c) an approved foster carer.
Information to be supplied to persons in respect of each child placed in a residential establishment
21. Where a local authority places in a residential establishment a child who is looked after by them, the local authority-
(a) shall provide the person in charge with the following:-
(i) written information about the child's background, health, and mental and emotional development; and
(ii) any other information which the local authority considers relevant to the placement including information about the child's wishes and feelings about the placement, so far as this is appropriate having regard to his age and maturity;
(b) shall agree with the person in charge arrangements for ensuring that the welfare of the child placed and kept in such accommodation is safeguarded and promoted and that the child receives such provision for his development and control as is conducive to his best interests including-
(i) the arrangements that are to be made for contact between the child and his family;
(ii) the arrangements that are to be made for ensuring that the child receives adequate and efficient education.
PART IV
PANELS
Appointment and composition of fostering panels
22. - Each fostering agency shall appoint a panel to be known as the "fostering panel".
(1) Each fostering agency shall appoint to the fostering panel-
(a) [a minimum of [z] members] OR [at least [z] members];
(b) [at least [z] ] OR [[z] %]of the members shall be employed by the foster agency appointing the fostering panel; and
(c) a medical adviser.
(2) Fostering agencies may jointly appoint a panel to be known as the "joint fostering panel".
(3) Each fostering agency shall appoint to the joint fostering panel-
(a) [a minimum of [z] members] OR [at least [z] members];
(b) [at least [z] ] OR [[z] %] of the members shall be employed by the fostering agency appointing the fostering panel; and
(c) a medical adviser.
(4) Each fostering agency shall satisfy themselves that the [numbers], relevant qualifications and experience of individual members of the fostering panel or joint fostering panel will enable it efficiently to discharge its functions under regulation 24.
(5) Where a fostering agency is of the opinion that a member of the fostering panel or joint fostering panel is unsuitable or unable to remain as a member, it may may terminate membership at any time by giving notice of immediate termination in writing to the member.
Meetings of the fostering panel and joint fostering panel
23. - No business shall be conducted by a fostering panel unless at least [y] of its members, [[z] of whom]OR [z% of whom] are employed by the local authority appointing the fostering panel, meet as a panel.
(1) No business shall be conducted by a joint fostering panel unless at least [y] of its members, [[z] of whom]OR [z% of whom] are employed by the local authority appointing the fostering panel, meet as a panel.
(2) The fostering panel and the joint fostering panel shall make a written record of its proceedings and the reasons for its recommendations.
Functions of fostering panel
24. - The fostering panel and joint fostering panel shall carry out the following functions:-
(a) consideration of every person referred to the panel as a prospective foster carer;
(b) the making of recommendations as to whether such a person is suitable to be a foster carer which recommendations shall specify whether they are made in respect of-
(i) a particular child or children;
(ii) any child;
(iii) certain categories of child;
(iv) the maximum number of children that foster carer may have in their care at any one time;
(c) the review of the approval of foster carers made under regulation 25-
(i) after 1 year in respect of newly appointed foster carers; and
(ii) whenever the case is referred to them thereafter.
(2) In carrying out their functions a fostering panel and a joint fostering panel shall have regard to-
(a) the duties imposed upon the local authority by section 17(1) (duty of local authority to child looked after by them) of the Act;
(b) all the information and reports passed to it; and
(c) any other information which may be provided to it on request.
(3) The local authority or local authorities may request a fostering panel or a joint fostering panel to consider and advise the local authority on any other matters relevant to the performance of their functions under the 1995 Act and these Regulations.
Approval of foster carers by a fostering agency
25. - Subject to paragraph (3) a fostering agency may approve any person as a carer where-
(a) the fostering agency have, so far as reasonably practicable, obtained the information in Schedule 4;
(b) the prospective carer has been interviewed by or on behalf of the fostering agency;
(c) the fostering agency have provided a fostering panel or a joint fostering panel with a report including the information gathered under sub-paragraph (a) together with such other information and such comment as they consider appropriate;
(d) the fostering agency have considered a report from a fostering panel or a joint fostering panel containing recommendations on the suitability of the prospective carer; and
(e) the fostering agency is satisfied that the prospective carer is a suitable person with whom to place a child or children.
(2) The fostering agency shall state whether their approval of any person as a foster carer is in respect of-
(a) a particular child or children; or
(b) any child; or
(c) certain categories of child; or
(d) the number of children each carer shall have in their care at any one time.
(3) Notwithstanding paragraph (1) a fostering agency may approve any person as a carer where and for as long as that person is currently approved by another fostering agency in terms of paragraph (1), provided that the approval is limited to those categories of child in respect of whom the first fostering agency has approved the person and the second fostering agency advises the first local authority in writing of such derivative approval.
(4) A fostering agency shall notify in writing persons who have been approved as carers under this regulation.
Approval of relative carers by a fostering agency
26. - This regulation applies where a fostering agency are considering approval of a relative as a carer of that child.
(2) A fostering agency may approve a relative or person known to the child as a carer of that child where-
(a) the person has been interviewed by or on behalf of the fostering agency;
(b) the fostering agency has, so far as reasonably practicable, obtained the information in Schedule 4; and
(c) the fostering agency is satisfied that person is a suitable person with whom to place a child or children.
Agreements with foster carers and relative carers
27. - Subject to paragraph (2) a local authority which approves a carer under regulation 25 shall enter into a written agreement with the foster carer regarding the matters and obligations set out in Schedule 5 and such other matters as may be appropriate.
(1) A local authority which approves a relative carer under regulation 26 shall enter into a written agreement with that relataive carer regarding the matters and obligations set out in Schedule 5 and any other matters as may be appropriate.
Reviews and terminations of approval
28. - Where a carer has been approved under regulation 25 the fostering agency which approved the carer shall carry out a review, at intervals of not more than a year.
(1) The review shall consider-
(a) whether the carer continues to be a suitable person with whom to place children;
(b) the performance of the carer throughout the preceeding year and since the carer was first approved;
(c) the development of the carer throughout the preceeding year and since the carer was first approved.
(2) In carrying out the review the fostering agency shall seek, and take into account the views of-
(a) the carer; and
(b) any local authority which placed a child with the foster carer-
(i) within the preceding year; or
(ii) at any time where that placement has not been terminated.
(3) Where on a review the fostering agency is no longer satisfied that the-
(a) terms of the approval under regulation 25 are appropriate they shall revise the terms; or
(b) carer is suitable they shall terminate the approval from a date to be specified in the notice under paragraph (6).
(4) At the conclusion of the review the fostering agency shall prepare a report and give notice in writing to the foster carer of their decision (including any revision of the terms of the approval under regulation 25.
(5) Where a carer notifies the fostering agency that they no longer wish to act as a carer, or where the fostering agency is otherwise satisfied that this is the case, the fostering agency shall terminate the approval from a date to be specified by notice in writing to the carer.
(6) A copy of any notice given under paragraphs (5) or (6) shall be sent to any fostering agency who known to them currently approve the foster carer under regulation 25.
(7) Where a fostering agency have been notified under regulation 25(3) by another fostering agency authority of that agency's derivative approval, and the fostering agency have in terms of paragraph (4) revised or terminated their approval, they shall notify the other fostering agency of their decision at the same time as notifying the carer under paragraph (5).
(8) Any fostering agency currently giving derivative approval to a carer, as soon as any notice is received under paragraph (8) shall amend or terminate their approval in accordance with any revision or termination of the first approving fostering agency and shall forthwith notify the carer of this revision or termination with the date of the revision or termination to be specified in the notice and to conform as near as practicable with the date specified in the first fostering agency's notice under paragraph (5).
Review of approval: further provision
29.- Where a fostering agency approve a person as a foster carer under regulation 25 or a relative carer under regulation 26, the approved foster carer may request a review of the approval.
(1) Where a fostering agency do not approve a prospective foster carer under regulation 25 or a relative carer under regulation 26, the prospective foster carer or relative carer may request a review of the decision of the fostering agency.
(2) A review under paragraph (1) shall seek and take into account the views of-
(a) the foster carer or relative carer; and
(b) any local authority which placed a child with the approved foster carer or relative carer-
(i) within the preceding year; or
(ii) at any time where that placement has not been terminated.
Payment of allowances
30. - A local authority shall, subject to such conditions as they consider necessary pay such allowance, if any, as they see fit to any person with whom a child is placed under these Regulations.
(1) Any allowance payable by virtue of paragraph (1) may-
(a) be-
(i) a fixed allowance applicable in the case of all children for whom the local authority have responsibility by virtue of these Regulations;
(ii) a rate applicable to certain categories or circumstances of case; or
(iii) amounts relevant to the individual needs of a particular child; and
(b) take into account the needs and circumstances of the person with whom the child is placed.
PART V
ARRANGEMENTS WITH VOLUNTARY ORGANISATIONS
Arrangements with voluntary organisations
31. - Local authorities may individually or jointly enter into arrangements with one or more voluntary organisations in relation to children looked after by the local authorities under Parts II, III and IV of these Regulations for the voluntary organisations to discharge on their behalf their duties in relation to fostering under those Parts of these Regulations.
(1) Local authorities shall not make arrangements under this regulation unless-
(a) they are satisfied-
(i) the voluntary organisation is a registered fostering service;
(ii) the voluntary organisation has the capacity to discharge duties on their behalf; and
(iii) that those arrangements are the most suitable way for those duties to be discharged; and
(b) they enter into a written agreement with the voluntary organisation which covers the matters specified in paragraph 1 of Schedule 6; and
(c) where they propose to make an arrangement in respect of a particular child they enter into a written agreement with the voluntary organisation which covers the matters specified in paragraph 2 of Schedule 6.
(2) Local authorities shall review any arrangements made under paragraph (1), and any agreement under paragraph (2)(b), at under the terms of the agreement under under paragraph (2)(b) or at intervals of not more than 3 years, which ever is the sooner.
Circumstances necessitating visits by local authorities
32. - Every local authority shall arrange for one of their officers to visit every child who is accommodated with a foster carer on their behalf by a voluntary organisation in any of the following circumstances and within the periods specified-
(a) within 28 days of the placement;
(b) where the voluntary organisation which made the placement with the foster carer make representations to the local authority that there are circumstances relating to the child which require a visit, within 14 days of the receipt of the representations;
(c) where the local authority are informed that the welfare of the child may not be safeguarded or promoted, as soon as reasonably practicable but in any event within 7 days of being informed;
(d) at intervals of not more than 6 months where the local authority are satisfied, following a visit to a child under this regulation that the child's welfare is being safeguarded and promoted.
(2) Every local authority shall ensure that a person carrying out a visit in accordance with the paragraph above sees the child during the course of the visit, or if the child is not there, makes arrangements to see the child as soon as reasonably practicable.
PART VI
RECORDS
Establishment of records for looked after child
33. - A local authority shall establish and maintain a written case record, if one is not already in existence, in respect of each child looked after by the authority.
(1) The record shall include-
(a) a copy of the care plan referred to in regulation 3 and any revised care plan referred to in regulation 8(2)(a);
(b) a copy of the information obtained under regulation 3(2)(a);
(c) a copy of any written report in their possession concerning the welfare of the child;
(d) 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; and
(e) details of any arrangements whereby another person acts on behalf of the local authority which placed the child.
Establishment of case records for carers with whom a child is placed
34. - A fostering agency shall compile a written case record (if one is not already in existence) in respect of each foster carer whom the local authority have approved under regulation 25 with whom a child is placed.
(1) The record shall include any-
(a) agreement under regulation 27;
(b) report of review of approval under regulation 28(5);
(c) notice of variation or termination of approval under regulation 28(4)(a) or 28(4)(b);
(d) any agreement specified in regulation 18(4).
(2) The information referred to in paragraph (2) is, as the case may be,-
(a) a record of each placement with the carer with whom a child is placed including the name, age and sex of each child placed, the dates on which each placement began and terminated and the circumstances of the termination;
(b) the information obtained by the local authority in relation to the approval of the carer and in relation to any review or termination of the approval.
(3) A fostering agency shall compile a record for each prospective carer who is not approved as a foster carer which record shall include a copy of the information as to the prospective carer and his household and family obtained by the authority in connection with the question of approval.
Retention and confidentiality of records
35. - A case record relating to a child who is placed by the local authority shall be retained by the authority until the 75th anniversary of the date of birth of the child to whom it relates or, if the child dies before attaining the age of 18 years, for a period of 25 years beginning with the date of his death.
(1) The record for a carer or prospective carer compiled under regulation 34, is to be retained by the fostering agency for at least 10 years from the date on which his approval is terminated, or until his death if earlier.
(3) The requirements of paragraphs (1) and (2) may be complied with either by retaining the original written record, or a copy of it, or by keeping all of the information from such record in some other accessible form (such as by means of a computer).
(4) A local authority shall secure the safe-keeping of such case records and shall 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.
Revocation
36. The Arrangements to Look After Children (Scotland) Regulations 1996( 18) and the Fostering of Children (Scotland) Regulations 1996( 19) are revoked.
SCHEDULE 1 Regulation 3(3), 5
INFORMATION RELATING TO THE CHILD
1. Name, sex, date and place of birth and present address of the child, his parents and any relevant person.
2. Nationality, race, religion and language.
3. Physical description.
4. Present legal status of the child, including any statutory responsibility the local authority have for the child.
5. Why consideration is to be given to the child being looked after by the local authority.
6. Previous history of involvement of the child with any local authority or other relevant organisation.
7. Details of any brothers and sisters, including dates of birth, addresses, including any details in respect of their being looked after by the local authority.
8. The extent of contact with members of the child's family and any other significant person who does not live in the same household as the child.
9. The child's health history, current state of health and development and existing arrangements for his medical and dental care.
10. The child's education history and current arrangements for provision of education.
11. Personality and social development.
12. Interests and recreational activities.
SCHEDULE 2 Regulation 4(1)
MATTERS TO BE ADDRESSED IN THE CARE PLAN
PART I
MATTERS TO BE ADDRESSED IN THE CARE PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY
1. The local authority's immediate and longer-term plans for the child.
2. Details of any services to be provided to meet the care, education and health needs of the child.
3. The respective responsibilities of-
(a) the local authority;
(b) the child;
(c) any person with parental responsibility for the child; and
(d) any other relevant person.
PART II
MATTERS TO BE ADDRESSED IN THE CARE PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY
4. The type of accommodation to be provided and its address together with the name of any person who will be responsible for the child at that accommodation on behalf of the local authority.
5. The contribution the child's parents or any other person will make to the child's day-to-day-care.
6. The arrangements for involving those persons and the child in decision-making.
7. The arrangements for contact between the child and any of the categories of persons mentioned in section 17(3)(b) to (d) of the1995 Act and, if appropriate, the reasons why contact with such a person would not be reasonably practicable or would be inconsistent with the child's welfare.
8. The expected duration of arrangements and the steps which should be taken in bringing the arrangements to an end including arrangements for rehabilitation of the child with his parents or other suitable person.
SCHEDULE 3 Regulation 18
MATTERS AND OBLIGATIONS IN EMERGENCY PLACEMENT AGREEMENTS
1. The matters and obligations to be included in an agreement are-
(a) to care for the child as if the child were a member of that person's family and in a safe and appropriate manner;
(b) to permit any person authorised by the local authority to visit the child at any reasonable time;
(c) where a placement is terminated to allow the child to be removed at any time by the local authority;
(d) to ensure that any information which the person may acquire relating to the child, or to the child's family or any other person, which has been given to the carer in confidence in connection with the placement is kept confidential and is not disclosed except to, or with the agreement of, the local authority; and
(e) to allow contact with the child in accordance with section 17(1)(c) (duty of local authority to child looked after by them) of the 1995 Act, with any contact order (as defined in section 11(1) and (2)(d) of the 1995Act), and with any arrangements made or agreed by the local authority.
SCHEDULE 4 Regulation 25 and 26
INFORMATION AS TO PROSPECTIVE FOSTER CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY
The prospective foster carer or relative carer is to provide the following information:-
1. Full name, date of birth, health (supported by a medical report), personality and marital status (including any previous marriage).
2. Particulars of the other adult members of the household and their relationship to the prospective foster carer.
3. Particulars of the children in the family, whether or not members of the household, and any other children in his household.
4. Address and particulars of the accommodation.
5. Religious persuasion, degree of religious observance and capacity to care for a child from any particular religious persuasion.
6. Racial origin, cultural and linguistic background and capacity to care for a child of any particular origin or cultural and linguistic background.
7. Past and present employment or occupation, and standard of living.
8. Leisure activities and interests.
9. Present capacity to care for the prospective foster or relative carer's own and other children, and any previous experience of caring for the prospective foster or relative carer's own and other children and ability to do so in this respect.
10. Details of any criminal offences of which the person has been convicted including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974( 20) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2003( 21) as amended.
11. The outcome of any request or application made by the prospective foster or relative carer or any other member of the household to foster.
12. Particulars of any previous approval under regulation 25 or 26, or refusal of approval or termination of such approval, relating to the prospective foster or relative carer or any other member of the household.
13. An analysis of the motivation of the prospective foster or relative carer in seeking to become a foster carer.
14. References from third parties as to the character of the prospective foster or relative carer and their suitability to be a foster carer.
SCHEDULE 5 Regulation 25
MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS
1. The support and training to be given to the foster carer.
2. The procedure for the review of approval of a foster carer.
3. The procedure for handling of complaints against foster carers.
4. The procedure in connection with the placement of children, and in particular-
(a) the matters to be covered in foster placement agreements and the respective obligations, under any such agreements, of the local authority and the foster carer;
(b) the financial arrangements which are to exist between the local authority and the foster carer, including any special financial arrangements in relation to particular categories of children who may be placed with the foster carer;
(c) the local authority's arrangements for meeting any legal liabilities of the foster carer arising by reason of a placement; and
(d) the procedure available to foster carers who wish to make representations to the local authority which placed the child.
5. The foster carer's obligation to give written notice to the local authority forthwith, with full particulars, of-
(a) any intended change of address;
(b) any change in the composition of thehousehold, any other change in personal circumstances and any other event affecting either the foster carer's capacity to care for any child placed or the suitability of the household and any criminal convictions arising between approval and subsequent reviews; and
(c) any further request or application of a kind mentioned in paragraph 11 of Schedule 1.
6. The foster carer's obligation-
(a) not to administer corporal punishment to any child placed with the foster carer;
(b) to ensure that any information relating to a child placed with the foster carer , to the child's family or to any other person, which has been given in confidence in connection with a placement is kept confidential and is not disclosed to any person without the consent of the local authority;
(c) to comply with the terms of any foster placement agreement, to care for the child placed with the foster carer as if the child was a member of that person's family and in a safe and appropriate manner and to promote the child's welfare having regard to the local authority's immediate and longer-term arrangements for the child;
(d) to notify the local authority immediately of any serious illness of the child or of any other serious occurrence affecting the child; and
(e) where the placement is terminated, to allow the child to be removed from the foster carer's home by the local authority.
SCHEDULE 6 Regulation 30
VOLUNTARY ORGANISATIONS
1. Before making arrangements under regulation 30 a local authority must enter into a written agreement with the voluntary organisation covering the following matters:-
(a) which of its duties the local authority proposes to delegate;
(b) the services to be provided to the local authority by the agency;
(c) the arrangements for the selection by the local authority of particular foster carers from those approved by the agency;
(d) a requirement for the agency to submit reports to the local authority on any placement as may be required by the authority, and
(e) the arrangements for the termination of the agreement.
2. Where a local authority proposes to make an arrangement under this regulation in respect of a particular child the local authority shall enter into an agreement with the agency in respect of that child which sets out-
(a) details of the particular foster carer with whom the child is to be placed;
(b) details of any services the child is to receive;
(c) the terms (including as to payment) of the proposed foster placement agreement;
(d) the arrangements for record keeping about the child, and for the return of records at the end of the placement;
(e) a requirement for the agency to notify the local authority immediately in the event of any concerns about the placement; and
(f) whether and on what basis other children may be placed with the foster carer.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations repeal and replace the Arrangements to Look After Children (Scotland) Regulations 1996 (S.I. 1996/3262) and the Fostering of Children (Scotland) Regulations 1996 (S.I. 1996/3263).
They make provision for local authority duties which apply to children who are, or about to be, looked after in terms of section 17(6) of the Children (Scotland) Act 1995 (c.36) as well as provision for fostering once a child is looked after.
Part II sets out the planning requirement for children who are, or about to be looked after. The local authority must prepare a care plan which records the immediate and longer term needs of the child. Regulation 4 specifies those matters which must be recorded in the care plan. Regulations 5 and 6 prescribe the considerations which must be taken into account by the local authority when preparing the care plan. Once a child is looked after the local authority must carry out a case review for the child. Regulations 8, 9 and 10 set out the review procedure. Regulations 17 to 21 prescribe the procedures which must be followed when children are placed by a local authority.
Parts III and IV concern fostering. Regulations 22 and 23 make provision for the establishment and composition of fostering panels whilst regulation 24 specifies their functions.
Regulations 25 to 29 prescribe the procedures which fostering agencies must follow when approving persons as foster carers.
Part V makes provision for local authorities to enter into agreements with voluntary organisations for the purposes of discharging fostering functions on their behalf.
Part VI prescribes the making and retention of written case records where a child is looked after by a local authority.
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