The Looked After Children (Scotland) Regulations 2008: Second Consultation

Introduction

This document accompanies the second draft of the Looked After Children (Scotland) Regulations 2008. These regulations have been significantly restructured and redrafted following the original consultation which closed in March 2008. This document sets out our actions in response to that consultation and explains the policy behind the revised draft of the regulations.

We welcome comments on all of the draft regulations and have asked for views at the end of each section. There are also a number of specific issues and questions and again these are highlighted at the end of each section.

If you have any questions on the draft regulations or the consultation process, please contact Laura Mulholland by e-mail at Laura.Mulholland@scotland.gsi.gov.uk or by phone on 0131 244 0003.

This document is being distributed electronically and is available on the Scottish Government web-site at http://www.scotland.gov.uk/Publications/2008/10/27094011/0

If you need a printed copy please contact Suzanne Allan on 0131 244 0407 or by e-mail at lookedafterchildrenscotlandregulations@scotland.gsi.gov.uk to arrange for a copy to be printed for you.

Please send your response electronically to the above e-mail address or in hard copy to:

Looked After Children (Scotland) 2008 Regulations Consultation

2-A(N) Victoria Quay
EDINBURGH
EH6 6QQ

The consultation period runs until Friday 16 January 2009.

Please complete the details on the respondent information form at the end of this document and return it with your response. This will help ensure we handle your response appropriately.

Thank you for your help.

Background

Regulations dealing with looked after children and young people and their carers are currently contained in the Looked After Children (Scotland) Regulations, the Arrangements to Look After Children (Scotland) Regulations 1996 and the Fostering of Children (Scotland) Regulations 1996 and, to a lesser extent, the Residential Establishments - Child Care (Scotland) Regulations 1996.

The Scottish Government consulted on the first draft of the Looked After Children (Scotland) Regulations between December 2007 and March 2008. Following this, we appointed an independent consultant to analyse the 71 responses received. A summary of this analysis is available on the Scottish Government website at www.scotland.gov.uk.

The analysis of responses to the first consultation highlighted the need to redraft the regulations extensively. We have restructured the regulations to more accurately reflect the requirements for all looked after children, whatever their care setting, through the looked after system.

Responses to the first consultation also indicated that kinship care and residential care were not adequately reflected throughout the regulations. The revised draft regulations include a new section on kinship care, to reflect emerging practice and the forthcoming recommendations from the 'Getting it right for every child in kinship and foster care' reference group. Interim guidance on the assessment and approval of kinship carers, produced in conjunction with the group, is available at:

http://www.scotland.gov.uk/Publications/2008/09/11124435/0

The revised regulations are very different to those we consulted on early in 2008. They aim to reflect good practice, but we recognise they introduce new requirements for local authorities. We are therefore holding a second consultation period of 12 weeks to ensure that all stakeholders have an opportunity to consider the regulations fully.

Overview of restructure

The regulations aim to reflect the child's journey through the looked after system; beginning with care planning. The care planning section is divided into three distinct stages:

gathering information on the child;
the assessment of that information; and
the formation of a care plan.

There are then four separate sections for:

children who remain at home cared for by their parents;
kinship care;
foster care - fostering panels and approval of foster carers; and
residential care.

The next sections of the regulations deal with:

emergency and short term placements;
case records;
review; and
arrangements with voluntary organisations

Responses to the first consultation highlighted the importance of ensuring the views of the child are sought and taken into account at different stages. The revised draft regulations place a requirement on local authorities to consult with the child (taking into account their age and maturity) at several stages:

before preparing the care plan;
during the review of a foster carer's approval;
during the review of an emergency placement with a carer or in a residential establishment;
during the review of the child's case whether he or she is cared for by parents, a person with parental responsibility and rights, kinship carer, foster carer or in a residential establishment.

New requirements for local authorities

As indicated above, the draft regulations place a number of new requirements on local authorities. These include:-

a duty to produce a care plan;
regulations setting out the assessment and approval process for kinship carers;
a duty to consult with the child (taking into account their age and maturity) at various stages; and
a requirement that foster panels must have at least six members and a quorum of three.

Same sex fostering and adoption

The revised regulations will revoke the current restriction (Regulation 12(4) of the Fostering of Children (Scotland) Regulations) which prevents same sex couples from fostering. This often also acts as a bar to same sex couples adopting. Regulation 12(4) will be revoked as part of the wider package of regulations.

Adoption and Children Scotland Act 2007: Permanence Orders

The revised regulations place a duty on local authorities to assess the child's long term needs and how those needs can be met. They also require local authorities to assess whether to seek a change in the child's legal status, including a permanence order.

Where a child is cared for by a person with parental rights and responsibilities by virtue of a permanence order, the regulations place a duty on local authorities to review the child's case, consulting with the child, their parents and any person with parental rights and responsibilities. The local authority must assess the child's long term needs and how those needs are or can be met. The local authority must agree the frequency of these reviews with the child and the person caring for the child by virtue of the terms of the permanence order. This is intended to avoid unnecessary reviews and to provide for a stable and secure placement.

A permanence order can be sought with or without a measure granting authority for the child to be adopted, dependant on the needs of a particular child. Regulations covering permanence orders with authority to adopt will be contained in the Adoption Agencies (Scotland) Regulations.

The Adoption Agencies (Scotland) Regulations do not contain detailed procedural provisions for permanence orders because the Adoption and Children (Scotland) Act 2007 does not allow us to go that far. Permanence orders may only be applied for by local authorities and section 8 of the Act allows regulations to be made with respect to the carrying out by local authorities of their functions in relation to adoption. Section 8(3) clarifies that this may include specifying the circumstances in which a local authority proposing to make arrangements for the adoption of a child must apply for a permanence order with authority to adopt. This is why the Adoption Agencies (Scotland) Regulations only deal with authority to adopt. The court rules will deal with procedural aspects such as notification or who may be called to appear during the hearing. They will not, however, be used to prescribe anything in the lead up to the making of the application by the local authority. They are concerned with procedural requirements.

It must also be remembered that permanence orders are designed to be flexible and tailored to meet the individual needs of the child. The right to regulate the child's residence and the responsibility to provide guidance will always be vested in the local authority as the mandatory provisions. However it is open to the court to confer other parental rights and responsibilities on other named individuals or to allow some of those rights and responsibilities to remain with the child's parents depending on the circumstances of the individual case. Therefore a child who is subject to a permanence order will not always be a fostered child within the definition in the Looked After Children (Scotland) Regulations.

Bearing this in mind your views on where the provisions relating to permanence orders should sit would be appreciated.

Timescales

The additional 12 week consultation period has an impact on the timing of the implementation of the Adoption and Children Act 2007 and associated Regulations. The Looked After Children (Scotland) 2008 Regulations provide the framework for the permanence planning process for children which will support the new permanence order. The legislation is also linked through the training and guidance which is being commissioned to accompany the new legislation. It will cover the whole process from planning for a child coming into the looked after system, through placement, review and permanence. We therefore propose to delay commencement of the 2007 Act and associated Regulations until June 2009. This will enable local authorities and community planning partners to be better prepared to achieve effective implementation of the new legislation as soon as it is in force and to build in the provisions of the 2007 Act to their development of children's services and resource planning.

As these regulations cover the whole process of planning for a child, it is important to maintain consistency with the regulations currently being drafted to support the Adoption and Children (Scotland) Act 2007. Responses to the consultations on the regulations supporting the 2007 Act were considered alongside the responses to the first consultation on the Looked After Children regulations to ensure that, where necessary, the links and procedures with the planning for adoption and permanence were maintained. These draft regulations reflects those considerations, such as consistency in terminology and practice for panels, and the new adoption regulations will also reflect those changes.

Guidance

A large number of comments made throughout the responses to the first consultation highlight the need for clear and detailed guidance to support the regulations.

Guidance on these regulations will be developed along with the guidance for the Adoption and Children Act. The invitation to tender for the guidance was issued on 25 July and the bids are now being evaluated. We hope to have a successful tender in place in the near future. Both the guidance and the training will require finalised draft regulations to inform their content and we will be working closely with the successful bidders and stakeholders later in the year to ensure that the guidance and associated training is comprehensive and robust.

We have indicated in the consultation document where we propose to include more detailed information and good practice advice in guidance.

It would be very helpful if you could indicate in your response if there are particular areas where you feel further information should be included in guidance, as opposed to regulations.

COMMENTARY, RESPONSE FROM FIRST CONSULTATION AND SECOND CONSULTATION QUESTIONS

Part I - General

Regulation 1. Citation and commencement

Regulation 2. Interpretation

This provides for definitions to be used throughout the Regulations.

Question 1. Please consider the definitions and comment as you feel appropriate.

Part II - Care Planning

Part II makes provision for the care planning process when a child is or is about to be looked after in terms of section 17(6) of the 1995 Act. This Part prescribes the information which must be obtained by the local authority, the assessments and care plan which must be made.

Responses to the first consultation were split over the use of the term 'care' plan. Whilst a number of respondents were content, others favoured 'child's' plan (recognising however that this could refer to other, multi-agency plans in respect of the child) and some suggested other variations. As there was no clear consensus of views, the second draft of the regulations continues to use the term 'care plan'.

Responses to the first consultation indicated that it would be useful to differentiate between the stages of the care planning process. Part II of the regulations has therefore been split into three parts: beginning with gathering information and background material on the child; assessment of that information and decision making; and the formation of the care plan itself which sets out the way forward for the child.

Although the practicalities of the care planning process and record keeping process are obviously closely linked, regulations relating to record keeping appear separately at 40 and 41.

A number of respondents raised issues around how the arrangements for planning for looked after children will tie in with more general arrangements for assessing and planning for children's risks and needs. Some suggested that explicit reference might be made to the Getting it right for every child programme in the Regulations or guidance. Because the Getting it right programme is being pursued through practical development, testing and implementation, rather than through legislation, it does not seem right to refer explicitly to Getting it right in the Regulations, although they should reflect its spirit. More explicit reference to Getting it right will be appropriate in the forthcoming guidance to supplement the Regulations. Core components of Getting it right include that where multi-agency intervention is necessary to meet a child's needs or tackle risks to a child, there should be streamlined planning, assessment and decision making processes that lead to the right help at the right time for the child , with a lead professional identified to co-ordinate and monitor multi-agency activity where necessary. In the context of the planning arrangements put in place for these Regulations, the main implication is that where a child is being supported by multi-agency activity, there should be a single shared plan for that child, which, where the child is a looked after child, contains the information set out in the Regulations.

Regulation 3. Information to be obtained by the local authority in respect of a child to be or being looked after by them

Where a child is, or is about to be, looked after, the local authority must gather information on the child (as contained in Schedule 1), make arrangements for the child to be examined by a registered medical practitioner and obtain a written assessment of the child's health and their need for health care. This does not apply if the child has been examined by a registered medical practitioner within the 3 months immediately preceding the date they began to be looked after.

Responses to the first consultation indicated that local authorities may need to arrange for an updated medical examination, even if one has taken place within the last three months, as circumstances may have changed and/or deteriorated in that time and authorities must ensure urgent medical needs are met. This regulation does not prevent the local authority from obtaining a more updated medical report, but we propose to leave this to the discretion of the authority, rather than prescribing that a medical examination must take place each time. We propose to clarify this in guidance.

Some responses to the first consultation also stated that the consent of older children should be obtained prior to a medical examination taking place. Children with capacity are already required to consent to a medical examination in terms of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991; therefore we do not propose to restate this in these regulations. Again, we will clarify and include advice on this point in guidance.

Responses to the first consultation questioned the use of the term 'registered medical practitioner' due to the increasing role of 'looked after children's nurses'. It may be that the role of nurses should be covered in guidance instead of by regulations. Your views on this would be appreciated.

Regulation 4. Assessment of a child's case

Using the information gathered from Schedule 1 and the report from the medical examination, the authority must make an assessment of the child's immediate and long term needs, including whether the child could be placed with a family or friend and whether the authority should seek to make a change in the child's legal status (including whether a permanence order would be appropriate). The authority must make an assessment of contact arrangements with the child's parents or person with parental rights and responsibilities, the child's health arrangements and the child's educational needs.

We propose to include further advice and information on the assessment mechanism and process in guidance.

Regulation 5. Care plan

Following assessment, this regulation places a duty on the local authority to prepare a care plan which will describe the purpose and objective of the placement i.e. on what basis the child is being placed and how their needs will be met and, in turn, reviewed. The authority must consult with the child (taking into account the child's age and maturity), their parents, any person that has parental responsibilities or rights and any person who ordinarily has charge or control over the child.

The care plan must set out the matters specified in Schedule 2 and should be copied to the child (taking into account their age and maturity) the parents, any person with parental rights and responsibilities and any person who ordinarily has charge of or control over the child.

Responses to the first consultation indicated that there may be occasions where access to the care plan should be withheld, for example if there are concerns over the child's safety.

We propose to further amend this regulation to reflect this and enable local authorities to withhold a copy of the care plan where they feel it is in the child's best interests.

Regulation 6. Death of a looked after child

Should a looked after child die, this regulation determines that the authority should notify the Scottish Ministers, the parents of the child and every person with parental rights and responsibilities.

Regulation 7. Assessment of needs under section 29(5) of the 1995 Act: after care

Section 29 of the 1995 Act places a duty on LAs to advise, guide and assist any person in their area over school age but not yet 19 who, when they ceased to be school age or at any subsequent time, was (but is no longer) a looked after child.

The Support and Assistance of Young People Leaving Care (Scotland) Regulations deal with the provision of aftercare under section 29 of the 1995 Act for young people who have been looked after by local authorities, but are no longer looked after by them. They also provide for through-care preparation for young people leaving care, under section 17 of that Act. The regulations make provision for assessment of the young person's needs and in particular the preparation of an assessment of need ("pathway assessment") and a plan setting out details of the assistance to be provided to the young person ("pathway plan").

Regulation 8. Recommendations by local authority to Principal Reporter

This regulation enables local authorities to make recommendations on the placement of the child to a children's hearing.

Question 2

a) Do you consider that regulations 3 to 7 cover all the necessary and appropriate actions for local authorities in respect of care planning?

b) Do you consider that either regulations, accompanying guidance, or both should be explicit that looked after children should have one child's plan which reflects their range of needs and which fulfils a range of functions?

c) We welcome comments on the revised structure of the care planning section. Does this fit with good practice?

d) The duty to consult with the child and the duty to produce a care plan are new requirements (previous regulations referred to making a care plan "so far as is reasonably practicable"). Are you content with these new duties?

e) We welcome comments on the contents of Schedule 1 (information relating to the child) and schedule 2 (matters to be addressed in the care plan): should anything else be included here?

f) Successful transition to independent living is a key challenge for looked after young people. Could further provision be made in these regulations to support improvements for the transition process?

Part III - Looked after children cared for by parents

Part III, regulations 9 and 10, gives local authorities the power to allow looked after children to be cared for either by their own parents or persons who have parental rights and responsibilities.

Regulation 9. Arrangements for child to be cared for by parents

This regulation determines that a local authority may make arrangement for a looked after child to be cared for by their parents or any person who has parental rights and responsibilities for the child, provided the local authority is not providing accommodation for the child under section 25 of the 1995. The arrangements are subject to the terms of any supervision requirement or order or warrant under Chapter 2, 3 or 4 of Part II of the 1995 Act and the child cannot be returned to the care of a person where the child was previously removed from their care, by virtue of any order, authorisation or warrant.

Regulation 10. Notification of occurrences involving the child

The local authority must require the person caring for the child to notify the authority immediately if the child dies, suffers an illness or injury likely to result in death or serious disability, or absents themselves, or without lawful authority is taken from the person's home. On receiving notification of this, the authority must notify every person who has any parental rights or responsibilities in respect of the child.

Question 3

a) Do you consider that regulations 9 and 10 cover all the necessary and appropriate actions for local authorities in respect of children cared for by their parents or those with parental rights and responsibilities? Should anything else be included here?

Part IV - Kinship Care

Part IV makes provision for a group of carers to be known as "kinship carers" who will be related or known to the child (regulation 11(2)). Regulations 12 and 13 prescribe the requirements which must be met before a child may be placed with a kinship carer whilst regulation 14 specifies the notification requirements once a placement is made. Regulations 16 and 17 make provision for establishing and maintaining case records for kinship carers.

These are entirely new regulations, developed from the 'Getting it right for every child in kinship and foster care' strategy. This draft set builds on and is complementary to, the interim guidance on the assessment and approval of kinship carers of looked after children ( http://www.scotland.gov.uk/Publications/2008/09/11124435/0). The draft set of regulations makes clear that kinship carers are distinct from foster carers and a different set of arrangements are required for them, in relation to their and the local authority's responsibility for looked after children.

Regulation 11. Kinship carers

This regulation defines 'kinship' carer as a person related to the child (through blood or marriage) or a person who is known to the child and with whom the child has a pre-existing relationship.

Regulation 12. Placement of child with kinship carer

This determines that a local authority cannot place a child with a kinship carer where the placement would be contrary to the terms of a supervision requirement, order, authorisation or warrant granted under the 1995 Act or return the child to the care of person from whom the child has been previously removed by such a requirement, order, authorisation or warrant. The placement must be in the best interests of the child and the local authority must have taken into account all information available to them relevant to the performance of their duties under section 17 (1) to (5) of the 1995 Act. The kinship carer must enter into a written agreement with the local authority.

Regulation 13. Agreement with kinship carers

The written agreement must set out the matters and obligations in Schedule 3 and any other matters and obligations the authority considers appropriate.

Regulation 14. Notification of placement with kinship carer

When placing a child with a kinship carer, the local authority must notify the relevant local authority (if placing the child in a different area), the relevant Health Board, each parent of the child and any person who has parental rights or responsibilities. This requirement does not apply if the parent or person has already received a copy of the care plan or if the local authority considers that it would not be in the child's best interests, or if a supervision requirement or order/warrant has specified that the person should not be aware of the child's place of residence.

Regulation 15. Short-term placements in kinship care

This regulation allows short term placements to be treated as a single placement, provided they all take place in a 12 month period, no single placement lasts for more than 4 weeks and the total duration does not exceed 120 days.

Regulation 16. Establishment of case records for kinship carers

This regulation makes provision for local authorities to compile a written case record in respect of each kinship carer and specifies what information should be contained in the case record.

Regulation 17. Retention and confidentiality of case records for kinship carers

Local authorities must retain case records for a period of 10 years and must ensure the record is confidential subject to any enactment or court order, under which access to such records or information may be obtained or given.

Question 4

a) In relation to regulations 11 to 17, do you consider that all the necessary and appropriate actions and considerations when placing children with kinship carers are covered here?

b) These regulations place new requirements on local authorities. Are you content with these new duties?

c) We welcome your views on the contents of Schedule 3 (matters and obligations in kinship placement agreements).

Part V - Foster Panels

Part V regulates the creation and functions of foster panels.

Regulation 18. Appointment and composition of foster panels

Regulation 19. Meetings of the foster panel and joint foster panel

The regulations specify that panels must have at least 6 members and allow local authorities to establish joint panels. Business cannot be conducted by the panel unless a quorum of 3 members meet.

Regulation 20. Appointment of medical advisers

This stipulates that the foster panel must include a medical adviser.

Regulation 21. Functions of the foster panel

The foster panel shall consider the case of every child, every placement and the case of every foster carer and prospective foster carer. The foster panel shall also make recommendations on the maximum number of children a particular foster carer may have in their care at any one time.

The regulations have been drafted to be consistent with the adoption agencies regulations in respect of panel numbers, quorum and composition. Responses to the first consultation were very mixed over the desirability of specifying numbers and so your further views on this would be helpful.

Question 5

a) We welcome your comments on regulations 18 to 21.

b) The requirement to have 6 members on a foster panel and a quorum of 3 are new requirements. Are you content with these new requirements? Does specifying numbers in this way provide enough flexibility for agencies to conduct their business appropriately and timeously?

Part VI - Fostering

Part VI regulates the approval of foster carers, review of approval, placement of children in foster care and makes provision for establishing and maintaining case records for foster carers.

Regulation 22. Foster carers

Regulation 23. Approval of foster carers

These regulations make provision for local authorities to appoint foster carers and specify that the authority should provide the foster panel with the information set out in Schedule 4 and any other information or observations as they consider appropriate.

The regulations specify that where the local authority receives a recommendation from the foster panel, they must make a decision as to whether the prospective carer is suitable within 14 days and must notify the prospective carer within 7 days of making that decision.

The local authority must be satisfied that the prospective carer has been interviewed by or on behalf of the authority, the authority has taken into account the recommendations made by the foster panel and the prospective carer is a suitable person with whom to place a child or children. The decision shall specify whether the approval is respect of a particular child, any child, certain categories of child and the number of children each foster carer may have in their care at any one time.

If the local authority make a decision that is contrary to the recommendation of the foster panel the authority must record in writing the reasons for the decision.

Regulation 24. Deemed approval of foster carers

This regulation will allow foster carers to work for more than one local authority or agency. This regulation enables local authorities to approve a person as a foster carer where the person has been approved as a foster carer by another local authority, specifying that the authority must notify the other local authority in writing.

Regulation 25. Agreements with foster carers

The local authority must enter into a written agreement with the foster carer regarding the matters and obligations in Schedule 5.

Regulation 26. Reviews and termination of approval

This places a duty on local authorities to review the approval within a period of 2 months and sets out the requirements of the review and the action the local authority must take on completion of the review.

Regulation 27. Review of approval: further provision

This regulation makes provision for foster carers themselves to request a review of their approval and sets out the requirements of the review process.

Regulation 28. Placement of child with foster carer

This sets out the overall terms of the placement. Where the foster carer dies or ceases to live in the household, this regulation also makes provision for the local authority to allow the placement and the child to be cared for by another member of the household, provided this is in the child's best interests.

Regulation 29. Notification of placement with foster carer

This places a duty on the local authority to provide notification of the placement to the local authority for the area in which the foster carer resides (if different from the placing authority), the relevant Health Board, each parent and any person with parental rights or responsibilities. This does not apply where the local authority considers that notification would not be in the child's best interests or where a supervision requirement, order or warrant specifies that the child's place of residence must not be disclosed.

Regulation 30. Short-term placements with foster carers

Regulation 31. Establishment of case records for foster carers

This determines that the local authority must establish a care record for each foster carer and sets out what information must be included.

Regulation 32. Retention and confidentiality of case records for foster carers

Case records must be retained for a period of at least 10 years and the local authority must secure the safe keeping of the record.

Question 6

a) In relation to regulations 22 to 32, do you consider that all the necessary and appropriate actions and considerations when placing children with foster carers are covered here? Should anything else be included?

b) We welcome your comments on the contents of schedule 4 (information as to prospective foster carer and other members of the household and family) and schedule 5 (matters and obligations in foster placement agreements).

Part VII - Fostering allowances

Regulation 33. Fostering allowances

This makes provision for local authorities to pay allowances to foster and kinship carers.

Question 7

a) We welcome your comments on regulation 33.

Part VIII - Looked after children placed in residential establishments

This makes provision for cases where a child is placed in a residential establishment.

Regulation 34. Child placed in a residential establishment: notification

This does not apply where the local authority considers that notification would not be in the child's best interests or where a supervision requirement, order or warrant specifies that the child's place of residence must not be disclosed.

Regulation 35. Child placed in residential establishment: information to be supplied

This regulation prescribes the information which must be supplied and the arrangements which must be made with the manager of the establishment.

Question 8

a) We welcome comments on regulations 34 and 35: should anything further be included in this section?

b) Many young people move from residential accommodation to independent living. Would any further provision in these regulations support more effective transitions for young people?

Part IX - Emergency measures and short term placements

Regulation 36. Emergency placement

This makes provision for emergency placements (for a period not exceeding 72 hours) with an approved kinship, foster carer or person known to the child with a pre-existing relationship.

Regulation 37. Emergency placement in residential establishment

This makes provision for emergency placements (for a period not exceeding 72 hours) in a residential establishment.

Regulation 38. Review of emergency placement under regulation 36

This places a duty on the local authority to review the emergency placement within 72 hours, consulting with the child and the person with whom the child has been placed.

Regulation 39. Review of emergency placement under regulation 37

This places a duty on the local authority to review the emergency placement within 72 hours, consulting with the child, the manager of the residential establishment, any parent and any person with parental rights and responsibilities.

Responses to the first consultation suggested that the requirement to review should be changed to 3 working days, instead of 72 hours. However, as the emergency placement itself cannot be longer than 72 days, in effect this could allow a review to take place after the placement had ended. The timescales for both emergency placement and review therefore remain at 72 hours.

Question 9

a) We welcome your comments on regulations 36 to 39.

Part X - Case records and review of child's case

Regulation 40. Establishment of records for looked after children

This prescribes the requirement to establish and maintain a case record for all looked after children and sets out the information the record must include.

Regulation 41. Retention and confidentiality of records

This regulation determines that the case record must be retained until the 75 ^th anniversary of the child's date of birth, or, if the child dies before the age of 18, for a period of 25 years.

Responses to the first consultation were mixed over the retention period for records. The regulations still therefore require records to be retained for the time limits above.

This regulation also requires local authorities to secure the safe keeping and confidentiality of every record.

Responses to the first consultation were generally in favour of requiring local authorities to adhere to the Code of Practice on records management. We therefore propose to include reference to this here.

Regulation 42. Review of child's case: child cared for by parents or persons with parental responsibility and parental rights

This makes provision for the local authority to review the child's case, consulting with the child, the child's parents and anyone with parental rights or responsibilities. The local authority must record details of the review in writing and must agree the frequency of reviews with the child and the person caring for the child.

Regulation 43. Review of the child's case: child placed with kinship carer, foster carer or in a residential establishment

This determines that the local authority must carry out a review within set timescales: a first review within 6 weeks, a second review within 3 months of the first review and subsequent reviews within 6 months thereafter

The local authority must consult with the child, the kinship carer, foster carer or manager of any residential establishment and anyone with parental rights or responsibilities. The local authority must record details of the review in writing and must agree the frequency of reviews with the child and the person caring for the child.

Responses to the first consultation highlighted the need for clarity about the purpose of the reviews at different stages. We will provide advice and information on this in guidance and would welcome your comments.

Regulation 44. Local authority visits: child in placement

Regulation 44 requires visits to be made on behalf of the local authority within one week of the placements being made and thereafter at 3 monthly intervals.

Regulation 45. Termination of placement

Regulation 45 places a duty on the local authority to terminate any placement where it is no longer in the child's interests to remain there.

Question 10

a) We welcome your comments on Regulations 40 to 45.

b) Should regulations 42-44 make clear this is a minimum requirement?

Part XI - Arrangements with registered fostering services

Regulation 46. Arrangements with registered fostering services

This allows local authorities to enter into agreements with other fostering services (who are not local authorities and who are registered with the Scottish Commission for the Regulation of Care) for the purposes of discharging certain functions in respect of looked after children on their behalf.

The references to voluntary organisations (as contained in the first draft of the regulations) have been replaced with 'registered fostering service'. This is to clarify that local authorities may enter into arrangements with both voluntary organisations and independent fostering providers.

Registered fostering service is defined as a person other than a local authority whose functions consist of or include the making of arrangements for or in connection with the performance of functions assigned to the LA under section 26 (1)(a) of the 1995 Act or by virtue of section 5 of the 1968 Act which person must be registered with the Scottish Commission for the Regulation of Care under the Regulation of Care (Scotland) Act.

Regulation 47. Visits by local authorities

This places a duty on local authorities to arrange for one of their officers to visit the child within 28 days of the placement.

Question 11

a) Are you content with Regulations 46 and 47 and the content of Schedule 6?

Part XII - Miscellaneous

This regulation revokes the Arrangements to Look After Children (Scotland) Regulations 1996 and the Fostering of Children (Scotland) Regulations 1996.

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

CARE PLANNING

3. Information to be obtained by the local authority in respect of a child to be or being looked after by them

4. Assessment of child's case

5. Care plan

6. Death of a looked after child

7. Assessment of needs under section 29(5) of the 1995 Act: after care

8. Recommendations by local authority to Principal Reporter

PART III

LOOKED AFTER CHILDREN CARED FOR BY PARENTS

9. Arrangements for child to be cared for by parents

10. Notification of occurrences involving the child

PART IV

KINSHIP CARE

11. Kinship carers

12. Placement of child with kinship carer

13. Agreement with kinship carers

14. Notification of placement with kinship carer

15. Short-term placements in kinship care

16. Establishment of case records for kinship carers

17. Retention and confidentiality of case records for kinship carers

PART V

FOSTER PANELS

18. Appointment and composition of foster panels

19. Meetings of the foster panel

20. Appointment of medical advisers

21. Functions of the foster panel

PART VI

FOSTERING

22. Foster carers

23. Approval of foster carers

24. Deemed approval of foster carers

25. Agreements with foster carers

26. Reviews and termination of approval

27. Review of approval: further provision

28. Placement of child with foster carer

29. Notification of placement with foster carer

30. Short-term placements with foster carers

31. Establishment of case records for foster carers

32. Retention and confidentiality of case records for foster carers

PART VII

FOSTERING ALLOWANCES

33. Fostering allowances

PART VIII

LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

34. Child placed in a residential establishment: notification

35. Child placed in residential establishment: information to be supplied

PART IX

EMERGENCY MEASURES

36. Emergency placement with carer

37. Emergency placement in residential establishment

38. Review of emergency placement under regulation 36

39. Review of emergency placement under regulation 37

PART X

CASE RECORDS AND REVIEW OF CHILD'S CASE

40. Establishment of records for looked after children

41. Retention and confidentiality of records

42. Review of child's case: child cared for by parents or persons with parental responsibility and parental rights

43. Review of the child's case: child placed with kinship carer, foster carer or in a residential establishment

44. Local authority visits: child in placement

45. Termination of placement

PART XI

ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

46. Arrangements with registered fostering services

47. Visits by local authorities

PART XII

MISCELLANEOUS

48. 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 KINSHIP 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 - ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

PART I - MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

PART II - MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968( ¹) and sections 17, 31 and 103(2) of the Children (Scotland) Act( ²) 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 .

Interpretation

2. In these Regulations-

"the 1995 Act" means the Children (Scotland) Act 1995;

"foster carer" means a person approved as a foster carer in accordance with a decision made under regulation 23(3) or 24;

"Health Board" means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978( ³);

"kinship carer" means a person approved as a kinship carer in accordance with a decision made under regulation 11;

"parent" means either the mother or father of the child or both;

"permanence order" has the meaning given by section 80(2) of the Adoption and Children (Scotland) Act 2007( ⁴);

"registered fostering service" means a person other than a local authority 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,

and who is registered under Part 1 of the Regulation of Care (Scotland) Act 2001( ⁵).

PART II

CARE PLANNING

Information to be obtained by the local authority in respect of a child to be or being looked after by them

3. This regulation applies where a child is looked after or about to be looked after in terms of section 17(6) of the 1995 Act by a local authority.

(1) The local authority must, so far as is reasonably practicable-

(a) obtain and record in writing the information relating to the child specified in Schedule 1;

(b) ensure that arrangements are made for the child to be examined by a registered medical practitioner; and

(c) obtain from the practitioner who has carried out the examination referred to in sub-paragraph (b) a written assessment of the child's health and their need for health care.

(2) The requirements at paragraph (2)(b) and (c) do not apply where the child has been examined by a registered medical practitioner and an assessment made of their health and need for health care by that practitioner within a period of 3 months immediately preceding the date the child began to be looked after by the local authority.

Assessment of child's case

4. This regulation applies where a local authority has obtained the information specified in regulation 3.

(1) The local authority must make an assessment of-

(a) the child's immediate needs and how those needs can be met;

(b) the child's long term needs and how those needs can be met;

(d) proposals for making sustainable and long term arrangements for the care of the child;

(e) the nature of the services proposed for the child in the immediate and long term with particular regard to the information specified in Schedule 1;

(f) alternative courses of action including the possibility of approving a person as a kinship carer under regulation 11;

(g) whether the local authority should seek a change in the child's legal status;

(h) the arrangements which require to be made for the time when the child will no longer be looked after by the local authority;

(i) the matters listed in section 17(4) of the 1995 Act; and

(j) any other matter relating to the welfare of the child either in the immediate or long term as appears to the local authority to be relevant.

(2) Where the local authority are considering placing the child with a kinship carer in accordance with regulation 12 or a foster carer in accordance with regulation 28, they must, in addition to the assessment at paragraph (2) make an assessment of-

(a) the contact arrangements with the child's parents, their family any person with parental responsibilities or parental rights and any other specified person and whether such arrangements should be changed;

(b) the existing health arrangements for the child and whether there is a need to change such arrangements taking into account the information specified in paragraph 9 of Schedule 1;

(i) the child's educational needs;

(ii) the proposals for achieving those needs; and

(iii) the proposals for achieving continuity in the child's education.

(3) Where the local authority are considering placing a child in a residential establishment they must, in addition to the assessment at paragraph (2), carry out the assessment specified in paragraph (3) and make an assessment of whether that particular placement is appropriate for the child's needs taking into account the residential establishment's statement of functions and objectives.

(4) In paragraph (3)(a) "specified person" means any person who is specified as having contact with the child in any court order or any order granted by a children's hearing.

Care plan

5. Following an assessment made under regulation 4(2), (3) or (4) the local authority must prepare a plan to be known as a "care plan" in respect of the child.

(1) Before preparing the care plan the local authority must so far as is reasonably practicable consult with-

(a) the child, taking account of the child's age and maturity;

(b) the parents of the child;

(d) any person who ordinarily has charge of or control over the child.

(2) The care plan shall set out-

(a) the assessments and findings made by the local authority under regulation 4;

(b) arrangements concerning the matters specified in Part I of Schedule 2;

(c) in each case where the local authority is considering placing or has placed the child either with a kinship carer in accordance with regulation 12, with a foster carer in accordance with regulation 28 or in a residential establishment arrangements concerning the matters specified in Part II of Schedule 2;

(d) the nature of services proposed for any person to ensure the arrangements concerning the matters in Part I or II of Schedule 2 are met;

(e) the medical report prepared in accordance with regulation 3.

(3) The local authority must provide a copy of the care plan to-

(a) the child where, taking account of the child's age and maturity, the local authority consider that the child is capable of understanding the purpose and effect of the care plan;

(b) the parents of the child;

(d) any person who ordinarily has charge of or control over the child.

Death of a looked after child

6. If a child who is being looked after by a local authority dies the authority shall immediately-

(a) notify the Scottish Ministers; and

(b) so far as is reasonably practicable notify every parent of the child and every person who has any parental responsibilities or parental rights in relation to the child.

(2) The requirement to notify at paragraph (1)(b) will not apply in respect of any person with whom the child was residing at the time of their death.

Assessment of needs under section 29(5) of the 1995 Act: after care

7. Where a local authority carries out an assessment of a person's needs in terms of section 29(5) of the 1995 Act that authority must have regard to the needs of the person and how those needs can be met.

(1) In carrying out an assessment the local authority must-

(a) interview the person;

(b) prepare a written report of the assessment;

(d) seek advice and information from such other persons as they consider appropriate.

Recommendations by local authority to Principal Reporter

8. This regulation applies where a local authority submit a report on a child to a children's hearing under section 56(7) of the 1995 Act.

(1) Where the local authority are of the view that it would be in the best interests of the child they may recommend that the child be placed with-

(a) a kinship carer approved under regulation 11 who has entered into an agreement under regulation 13;

(b) a foster carer approved under regulation 23(3) or 24 who has entered into an agreement under regulation 25; or

(c) a person who is known to the child and who has a pre-existing relationship with the child and who has signed a written agreement with the local authority under regulation 36.

PART III

LOOKED AFTER CHILDREN CARED FOR BY PARENTS

Arrangements for child to be cared for by parents

9. A local authority may, in the case of a child who is looked after by that authority in terms of section 17(6) of the 1995 Act, make arrangements for the child to be cared for by-

(a) the child's parents; or

(b) any person who has parental rights and parental responsibilities in respect of the child.

(2) A local authority may not make arrangements under paragraph (1) where that authority is providing accommodation for the child by virtue of section 25 of the 1995 Act.

(3) Any arrangements made by a local authority under paragraph (1) must-

(a) be subject to the terms of any supervision requirement made or any order made or authorisation or warrant granted under Chapter 2, 3 or 4 of Part II of the 1995 Act in respect of the child; and

(b) not return the child to the care of a person where the child was, by virtue of any order, authorisation or warrant, removed from the care of that person.

Notification of occurrences involving the child

10. The local authority must, in making arrangements under regulation 9, require the person who is to care for the child to notify the authority immediately if the child-

(a) dies;

(b) suffers an illness or injury likely to result in death or serious disability; or

(2) On receiving notification under paragraph (1) the local authority must, so far as is reasonably practicable, immediately notify the child's parents and every person who has any parental responsibilities or parental rights in relation to the child.

PART IV

KINSHIP CARE

Kinship carers

11. A local authority may make a decision to approve a person mentioned in paragraph (2) as a suitable carer for a child who is looked after by that authority in terms of section 17(6) of the 1995 Act which carer shall be known as a "kinship carer".

(1) The persons referred to in paragraph (1) are-

(a) a person who is related to the child; or

(b) a person who is known to the child and with whom the child has a pre-existing relationship.

(2) In paragraph (2)(a) "related" means related to the child either by blood or marriage.

Placement of child with kinship carer

12. A local authority must not place a child with a kinship carer where-

(a) the placement is or would be contrary to the terms of any supervision requirement made or any order made or authorisation or warrant granted under Chapter 2, 3 or 4 of Part II of the 1995 Act in respect of the child; and

(b) the placement would return the child to the care of a person where the child was, by virtue of any order, authorisation or warrant, removed from the care of that person.

(2) A local authority must not place a child with a kinship carer unless they are satisfied that-

(a) placement is in the best interests of the child;

(b) placement of the child with that kinship carer is in the best interests of the child;

(c) they have taken into account all information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act; and

(d) the kinship carer has entered into a written agreement with the local authority under regulation 13.

Agreement with kinship carers

13. Where a local authority make a decision to approve a kinship carer under regulation 11 that authority must enter into a written agreement with the kinship carer regarding the matters and obligations in Schedule 3 and any other matters and obligations as the authority consider appropriate.

Notification of placement with kinship carer

14. Where a local authority place a child with a kinship carer in accordance with regulation 12 they must, as soon as reasonably practicable, provide notification of the placement to-

(a) the local authority for the area in which the kinship carer resides if different from the authority making the placement;

(b) the Health Board which provides services in the area in which the kinship carer resides;

(d) any person who has any parental responsibilities or parental rights in relation to the child.

(2) The requirements under paragraph (1)(c) or (d) do not apply in respect of any parent or person with parental responsibilities or parental rights who has already received a written copy of the child's care plan under regulation 5.

(3) Notification under paragraph (1)(c) or (d) must not be given to-

(a) a person where the local authority are of the view that, taking into account their duties under section 17 of the 1995 Act, it would not be in the child's interests for notification to be given to that particular person;

(b) a person where a supervision requirement or an order or warrant granted under Part II of the 1995 Act specifies that the place at which a child is to reside shall not be disclosed to a particular person.

(4) In this regulation "notification" means notification in writing and shall include particulars of the placement.

Short-term placements in kinship care

15. Where paragraph (2) applies a series of planned short-term placements with a kinship carer made in accordance with regulation 12 may be treated as a single placement with a kinship carer for the purposes of these Regulations.

(1) This paragraph applies where-

(a) all the placements occur within a period which does not exceed 12 months;

(b) no single placement is for a duration of more than 4 weeks; and

Establishment of case records for kinship carers

16. A local authority shall compile a written case record, if one is not already in existence, in respect of each kinship carer who has been approved by that authority and with whom a child has been placed.

(1) The written case record referred to in paragraph (1) must include any-

(a) written agreement entered into under regulation 13;

(b) any agreement entered into under regulation 36;

(d) the information specified in paragraph (4).

(2) The information referred to in paragraph (2)(c) is-

(a) a record of each placement with the kinship carer to include-

(i) the name, age and sex of each child placed;

(ii) the dates on which each placement began and terminated;

(iii) the circumstances of any terminated placement; and

(b) the information obtained by the local authority in respect of the decision to approve the kinship carer.

(3) The information referred to in paragraph (2)(d) is information obtained as to-

(a) the prospective kinship carer;

(b) the members of the prospective kinship carer's household; and

Retention and confidentiality of case records for kinship carers

17. A case record for a kinship carer compiled under regulation 16 must be retained by the local authority for at least 10 years from the date the placement with that kinship carer is terminated or until their death if earlier.

(1) The requirements of paragraph (1) may be complied with either by retaining the original written record or a copy of it or by keeping all the information from the record in some other accessible form (such as by means of a computer).

(2) Each local authority must secure the safe-keeping of every case record and take all necessary steps to ensure that information contained in the case record is confidential subject only to-

(a) any provision of, or made under or by virtue of any enactment 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 given.

PART V

FOSTER PANELS

Appointment and composition of foster panels

18. Each local authority must appoint a panel to be known as the "foster panel" for the purpose of carrying out the functions conferred on it by regulation 21.

(1) The foster panel shall consist of at least 6 members.

(2) A foster panel may be established jointly by any 2 or more local authorities which panel shall be known as a "joint foster panel" and any reference to a foster panel in these Regulations shall include a reference to a joint foster panel.

(3) The persons appointed to a foster panel shall include a medical adviser appointed by the local authority under regulation 20.

(4) Each local authority must satisfy themselves that the numbers, qualifications and experience of individual members of a foster panel will enable it effectively to discharge its functions.

(5) Where the local authority are of the opinion that any member of the foster panel is unsuitable or unable to remain as a member they may terminate membership at any time by giving notice in writing with reasons.

Meetings of the foster panel

19. No business shall be conducted by the foster panel unless at least 3 of its members meet as the panel.

(1) The foster panel must make a written record of its proceedings and the reasons for its recommendations.

Appointment of medical advisers

20. Each local authority must appoint such number of persons with the qualifications specified in paragraph (2) as they consider necessary for the purpose of providing them with medical advice in connection with the exercise of their functions.

(1) The qualifications referred to in paragraph (1) are that the person is a registered medical practitioner.

Functions of the foster panel

21. The foster panel must consider-

(a) the case of every child;

(b) every proposed placement; and

referred to it by the local authority.

(2) The foster panel shall make recommendations on the following matters:-

(a) whether a prospective foster carer is suitable to be a foster carer;

(b) whether a prospective foster carer would be a suitable foster carer for-

(i) a particular child or children;

(ii) any child; or

(iii) certain categories of child;

(3) In carrying out its functions the foster panel must have regard to-

(a) the duties imposed on the local authority by section 17(1) of the 1995 Act;

(b) all the information and reports passed to it; and

PART VI

FOSTERING

Foster carers

22. A local authority may make a decision to approve a person as a suitable carer for a child who is looked after by that authority in terms of section 17(6) of the 1995 Act which carer shall be known as a "foster carer".

(1) A decision to approve a person as a foster carer must be made in accordance with regulation 23.

Approval of foster carers

23. Where a local authority are considering whether to approve a person as a foster carer they must refer the case to a foster panel.

(1) The local authority must so far as reasonably practicable provide the foster panel with-

(a) the information in Schedule 4; and

(b) such other information or observations as they consider appropriate.

(2) Where a local authority receive a recommendation from the foster panel under regulation 21(2) they must make a decision on whether the prospective foster carer is suitable to be a foster carer within 14 days from the date they received the recommendation.

(3) Where the local authority make a decision that a person is suitable to be a foster carer they must be satisfied that-

(a) the prospective foster carer has been interviewed by or on behalf of the authority;

(b) the authority has taken into account the recommendations made by the foster panel; and

(4) A decision that a person is suitable to be a foster carer shall specify whether the approval is in respect of-

(a) a particular child or children;

(b) any child;

(d) the number of children each foster carer may have in their care at any one time.

(5) Where the local authority make a decision that is contrary to the recommendation of the foster panel the authority must record in writing the reasons for that decision.

(6) The local authority must notify in writing the prospective foster carer of the decision made under paragraph (3) within 7 days of making that decision.

Deemed approval of foster carers

24. A local authority may make a decision to approve a person as a foster carer where-

(a) that person has been approved as such following a decision ("the original approval") made by another local authority in accordance with regulation 23(3); and

(b) the original approval has not been terminated under regulation 26(3) or 27(9).

(2) A decision to approve a person as a foster carer under paragraph (1) must correspond to the same terms as the original approval made under regulation 23(5) or any variation thereof made under regulation 26(3).

(3) Where a local authority make a decision to approve a person as a foster carer under paragraph (1) they must notify in writing the local authority which made the original approval under regulation 23.

Agreements with foster carers

25. Where a local authority make a decision to approve a person as a foster carer under regulation 23(3) or 24, that authority must enter into a written agreement with the foster carer regarding the matters and obligations in Schedule 5 and any other matters or obligations as the authority consider appropriate.

Reviews and termination of approval

26. Where a local authority have made a decision to approve a foster carer under regulation 23(3) or 24, that authority must, during the period of 2 months ending with the relevant day, review the approval of the foster carer by complying with the requirements in paragraph (2).

(1) The requirements are-

(a) to refer the case to the foster panel for a recommendation on whether the foster carer continues to be a suitable person with whom to place a child or children;

(b) to consider-

(i) whether the foster carer continues to be a suitable person with whom to place a child or children;

(ii) the performance of the foster carer during the appropriate period;

(iii) the development of the foster carer during the appropriate period;

(i) the child, taking account of their age and maturity;

(ii) the foster carer;

(iii) any local authority which placed a child with the foster carer within the appropriate period or at any time where that placement has not been terminated.

(2) On the review of the approval of the foster carer the local authority may-

(a) vary the terms of the approval;

(b) terminate the approval;

(3) Where a foster carer notifies the local authority that they no longer wish to act as a foster carer or the local authority are otherwise satisfied that this is the case the authority must terminate the approval.

(4) Following a review the local authority must-

(a) record in writing a report of the review which must include-

(i) information obtained in respect of the review;

(ii) details of the proceedings at any meeting arranged by the authority at which the approval of the foster carer is reviewed;

(iii) details of any decisions or arrangements made in the course of or as a result of the review;

(b) give notice of the decision made under paragraph (3) to-

(i) the foster carer;

(ii) any other local authority which has approved the foster carer under regulation 23(3) or 24.

(5) Where a local authority are approving a foster carer under regulation 24 they must, on receiving any notice under paragraph (5)(b)-

(a) vary or terminate their approval in accordance with any revision or determination made under paragraph (3); and

(b) give notice to the foster carer of any variation or terminate made under sub-paragraph (a).

(6) In paragraph (1) the "relevant day" means-

(a) the day which falls 12 months after the day the decision to approve the foster carer was made under regulation 23(3) or 24;

(b) where that relevant day has passed the day falling on the same day in every year thereafter.

(7) In paragraph (2) "appropriate period" means the period ending 12 months from the day the decision to approve the foster carer was made under regulation 23(3) or 24.

Review of approval: further provision

27. Where a local authority approve a person as a foster carer under regulation 23(3), that person may request a review of the terms of the approval.

(1) Where a local authority make a decision under regulation 23(3) not to approve a person as a foster carer that person may request a review of the decision.

(2) A request for a review under paragraph (1) or (2) must be made before the end of the period of 28 days beginning with the day on which notice of the decision was made under regulation 23(7).

(3) Where the local authority receive a request for a review under paragraph (1) or (2) they must refer the case to a foster panel for a recommendation.

(4) A referral under paragraph (4) must be made to a differently constituted foster panel.

(5) Where a referral is made under paragraph (4) the local authority must provide the foster panel with-

(a) a copy of the decision and reasons made under regulation 23(3);

(b) the information provided to the foster panel under regulation 23(2);

(c) any further representations received by the local authority from the foster carer or the prospective foster carer; and

(d) any other relevant information.

(6) The foster panel shall consider the case referred to it under paragraph (4) and make a fresh recommendation to the local authority as to whether-

(a) the prospective foster carer is suitable to be a foster carer; or

(b) the terms of the foster carer's approval under regulation 23(5) should be varied.

(7) The local authority must-

(a) make a decision within 14 days from the day it receives the recommendation from the foster panel under paragraph (7); and

(b) notify the foster carer or prospective foster carer of its decision.

(8) In making a decision under paragraph (8)(a) the local authority may-

(a) vary the terms of the approval;

(b) reverse the decision made under regulation 23(3) not to approve a foster carer; or

(9) The right to request a review under paragraph (1) or (2) does not apply to a decision made under paragraph (8)(a).

Placement of child with foster carer

28. A local authority must not place a child with a foster carer unless they are satisfied that-

(a) placement is in the best interests of the child;

(b) placement of the child with that particular foster carer is in the best interests of the child;

(c) the person with whom it is proposed to place the child has been approved by the local authority in accordance with a decision made under regulation 23(3) or 24;

(d) they have taken into account all information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act;

(e) they have given full consideration to the possibility of entering into an arrangement under regulation 9 or placing the child with a kinship carer;

(f) the foster carer has entered into a written agreement with the local authority under regulation 25; and

(g) the terms of the foster carer's approval are consistent with the placement.

(2) Where the foster carer dies or ceases to live in the household following the placement the local authority may allow the placement to continue where they are of the view that it is in the best interests of the child to be cared for by another member or members of the foster carer's household.

(3) The local authority must require the foster carer with whom a child is placed to notify the authority immediately if the child-

(a) dies;

(b) suffers an illness or injury likely to result in death or serious disability; or

(4) On receiving notification under paragraph (3) the local authority must, so far as reasonably practicable, immediately notify the child's parents and any person who has any parental responsibilities or parental rights in relation to the child.

Notification of placement with foster carer

29. Where a local authority places a child with a foster carer in accordance with regulation 28 they must, as soon as reasonably practicable, provide notification of the placement to-

(a) the local authority for the area in which the foster carer resides if different from the authority making the placement;

(b) the Health Board which provides services in the area in which the foster carer resides;

(d) any person with any parental responsibilities or parental rights in relation to the child.

(2) The requirements under paragraph (1)(c) do not apply in respect of any parent or person with parental responsibilities or parental rights who has already received a written copy of the child's care plan under regulation 5.

(3) Notification under paragraph (1)(c) must not be given to-

(b) a person where a supervision requirement or an order or warrant granted under Part II of the 1995 Act specifies that the place at which the child is to reside must not be disclosed to that particular person.

(4) In this regulation "notification" means notification in writing and shall include particulars of the placement.

Short-term placements with foster carers

30. Where paragraph (2) applies a series of planned short-term placements with a foster carer made in accordance with regulation 28 may be treated as a single placement with a foster carer for the purposes of these Regulations.

(1) This paragraph applies where-

(a) all the placements occur within a period which does not exceed 12 months;

(b) no single placement is for a duration of more than 4 weeks; and

Establishment of case records for foster carers

31. A local authority must compile a written case record, if one is not already in existence, in respect of each foster carer who has been approved by that local authority and with whom a child has been placed.

(1) The written case record referred to in paragraph (1) shall include any-

(a) written agreement entered into under regulation 25;

(b) review of approval made under regulation 26 or 27;

(d) termination of approval made under regulation 26(3);

(e) any agreement entered into under regulation 36;

(f) information specified insofar as it is relevant to the case in paragraph (3).

(2) The information referred to in paragraph (2)(e) is-

(a) a record of each placement with the foster carer to include-

(i) the name, age and sex of each child placed;

(ii) the dates on which each placement began and terminated;

(iii) the circumstances of any terminated placement;

(b) the information obtained by the local authority in respect of the decision to approve the foster carer;

(c) the information obtained by the local authority in respect of any review, variation or termination of the foster carer's approval.

(3) The local authority must compile a written case record for each prospective foster carer.

(4) The written record referred to in paragraph (4) must include the information obtained as to-

(a) the prospective foster carer;

(b) the members of the prospective foster carer's household;

Retention and confidentiality of case records for foster carers

32. A case record for a foster carer or prospective foster carer compiled under regulation 31 must be retained by the local authority for at least 10 years from the date the foster carer's approval is terminated or until their death if earlier.

(2) Each local authority must secure the safe-keeping of every case record and take all necessary steps to ensure that information contained in the case record is confidential subject only to-

(a) any provision of, or made under or by virtue of any enactment 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.

PART VII

FOSTERING ALLOWANCES

Fostering allowances

33. A local authority shall, subject to such conditions as they consider necessary, pay such allowance, if any, as they see fit to-

(a) a foster carer;

(b) a kinship carer,

with whom a child has been placed in accordance with these Regulations.

(2) Any allowance payable in terms 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 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 VIII

LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

Child placed in a residential establishment: notification

34. Where a local authority place a child who is looked after by them in terms of section 17(6) of the 1995 Act in a residential establishment they must, as soon as reasonably practicable, provide notification of the placement to-

(a) the local authority for the area in which the residential establishment is located if different from the authority making the placement;

(b) the Health Board which provides services in the area in which the residential establishment is located;

(d) any person with any parental responsibilities or parental rights in relation to the child.

(2) The requirement under paragraph (1)(c) does not apply in respect of any parent or person with parental responsibilities or parental rights who has already received a written copy of the child's care plan under regulation 5.

(3) Notification under paragraph (1)(c) must not be given to-

(4) In this regulation "notification" means notification in writing and shall include particulars of the placement.

Child placed in residential establishment: information to be supplied

35. Where a local authority place a child who is looked after by them in terms of section 17(6) of the 1995 Act in a residential establishment, that authority must-

(a) provide the person in charge of the residential establishment with-

(i) written information about the child's background, health and mental and emotional development; and

(ii) any other information which the local authority consider relevant to the placement including the views of the child having regard to the child's age and maturity;

(b) agree with the person in charge of the residential establishment arrangements-

(i) for ensuring that the child's welfare is safeguarded and promoted;

(ii) for ensuring that the child receives such provision for their development and control as is conducive to their best interests;

(iii) for contact between the child and their family;

(iv) for ensuring that the child receives adequate and efficient education.

PART IX

EMERGENCY MEASURES

Emergency placement with carer

36. Where a child who is looked after by a local authority in terms of section 17(6) of the 1995 Act is to be placed in an emergency that authority may, for a period not exceeding 72 hours, place the child with-

(a) any person approved under regulation 11 as a kinship carer in respect of that child;

(b) any person approved under regulation 23(3) or 24 as a foster carer; or

(2) A local authority may not place a child under paragraph (1) unless-

(a) they are satisfied that an emergency placement is the most suitable way of meeting the child's needs; and

(b) the person with whom the child is to be placed has signed a written agreement with the local authority to carry out the duties in paragraph (3).

(3) The duties are-

(a) to care for the child as if that child were a member of that person's family and in a safe and appropriate manner;

(b) to allow any person authorised by the local authority to visit the child at any reasonable time;

(d) to ensure that any information which the person may acquire relating to the child or to their family or any other person which has been given 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-

(i) section 17(1)(c) of the 1995 Act;

(ii) the terms of any contact order; and

(iii) any arrangements made or agreed by the local authority.

Emergency placement in residential establishment

37. Where a child who is looked after by a local authority in terms of section 17(6) of the 1995 Act is to be placed in an emergency that authority may place the child in a residential establishment for a period not exceeding 72 hours.

(1) A local authority may not place a child under paragraph (1) unless-

(a) they are satisfied that an emergency placement in a residential establishment is the most suitable way of meeting the child's needs; and

(b) they have given full consideration to the possibility of placing the child with a carer in accordance with regulation 36.

Review of emergency placement under regulation 36

38. This regulation applies where a child is placed in an emergency under regulation 36.

(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 by complying with the requirements in paragraph (3).

(2) The requirements are-

(a) to consult-

(i) the child, taking into account their age and maturity;

(ii) the person with whom the child has been placed;

(iii) any parent of the child;

(iv) any person with parental responsibilities or parental rights in respect of the child;

(b) to assess-

(i) whether placement is in the best interests of the child;

(ii) whether placement of the child with that carer is in the best interests of the child;

(iii) whether that carer has been approved as a kinship carer under regulation 11 or as a foster carer under regulation 23(3) or 24;

(iv) all the information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act; and

(v) where the child has not been placed with a member of their family, the possibility of placing the child with a kinship carer.

(3) Where the local authority are satisfied that, following a review of the emergency placement, placement with that carer continues to be in the best interests of the child the local authority must carry out the requirements in regulations 3, 4 and 5.

(4) A child may not remain in an emergency placement under regulation 36 unless the local authority-

(a) are satisfied that placement with that carer is in the best interests of the child;

(b) have approved the carer as a kinship carer under regulation 11 or as a foster carer under regulation 23(3) or 24; and

Review of emergency placement under regulation 37

39. This regulation applies where a child is placed in an emergency in a residential establishment under regulation 37.

(1) Within 72 hours the local authority must review the child's case to determine whether placement in that residential establishment continues to be in the best interests of the child by complying with the requirements in paragraph (3).

(2) The requirements are-

(a) to consult-

(i) the child, taking into account their age and maturity;

(ii) the manager of the residential establishment;

(iii) any parent of the child;

(iv) any person with parental responsibilities or parental rights in respect of the child;

(b) to assess-

(i) whether placement is in the best interests of the child;

(ii) whether placement of the child in a residential establishment is in the best interests of the child;

(iii) all the information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act; and

(iv) the possibility of placing the child with a kinship carer under regulation 12 or a foster carer under regulation 28.

(3) Where the local authority are satisfied that, following a review of the emergency placement in a residential establishment, placement in that establishment continues to be in the best interests of the child the local authority must carry out the requirements in regulations 3, 4, 5, 34 and 35.

PART X

CASE RECORDS AND REVIEW OF CHILD'S CASE

Establishment of records for looked after children

40. Each local authority must establish and maintain a written case record, if one is not already in existence, in respect of each child who is looked after by that authority in terms of section 17(6) of the 1995 Act.

(1) Each case record must include-

(a) a copy of the care plan referred to in regulation 5 and any revised care plan;

(b) a copy of the information obtained under regulation 3(2);

(d) a copy of any document considered or record established in the course of or as a result of any review of the child's case; and

(e) details of any arrangements made by the local authority with any person.

Retention and confidentiality of records

41. A case record relating to a child who is placed by a local authority must be retained by that authority-

(a) until the 75th anniversary of the child's date of birth;

(b) if the child dies before attaining the age of 18 years, for a period of 25 years beginning with the date of death.

(2) The requirements of paragraph (1) may be complied with either by retaining the original written record or a copy of it or by keeping all of the information from the record in some other accessible form (such as by means of a computer).

(3) Each local authority must secure the safe-keeping of every case record and take all necessary steps to ensure that information contained in the case record is confidential subject only to-

(a) any provision of, or made under or by virtue of any enactment 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.

Review of child's case: child cared for by parents or persons with parental responsibility and parental rights

42. This regulation applies where a child is looked after by a local authority in terms of section 17(6) of the 1995 Act and is cared for by their parents or any person with parental rights and parental responsibilities in respect of the child by virtue of-

(a) an arrangement made in accordance with regulation 9; or

(b) a permanence order.

(2) The local authority must review the child's case by complying with the requirements in paragraph (3).

(3) The requirements are-

(a) to consult and take into account the views of-

(i) the child, taking account of the child's age and maturity;

(ii) the child's parents; and

(iii) any person with parental responsibilities or parental rights in respect of the child;

(b) to assess-

(i) the child's needs and how those needs are being met;

(ii) the child's long term needs and how those needs are being or can be met;

(iii) whether the child's welfare is being safeguarded and promoted;

(iv) the child's development;

(v) whether the accommodation is suitable for the child;

(vi) the child's educational needs and whether those needs are being met.

(4) Following a review of the child's case the local authority must-

(a) record in writing-

(i) information obtained in respect of the review;

(ii) 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;

(iii) details of any decisions or arrangements made in the course of or as a result of the review; and

(b) amend the care plan prepared under regulation 5 to take account of the outcome of the review.

(5) The local authority must agree the frequency of reviews with-

(a) the child, taking account of the child's age and maturity; and

(b) the person caring for the child under arrangements made in accordance with regulation 9 or by virtue of the terms of a permanence order.

Review of the child's case: child placed with kinship carer, foster carer or in a residential establishment

43. This regulation applies where a child has been placed by a local authority-

(a) with a kinship carer in accordance with regulation 12;

(b) with a foster carer in accordance with regulation 28; or

(2) The local authority must, by complying with the requirements in paragraph (5), carry out the following reviews of the child's case:-

(a) a first review within 6 weeks of the placement;

(b) a second review within 3 months from the date of the first review; and

(3) Where regulation 15 or 30 applies the local authority must, by complying with the requirements in paragraph (5), carry out the following reviews of the child's case:-

(a) a first review within 3 months from the date on which the placement was first made; and

(b) thereafter subsequent reviews within 6 months from the date of the previous review.

(4) Notwithstanding paragraphs (2) and (3) a review must be carried out prior to-

(a) a decision by the local authority to refer the child's case to the Principal Reporter under section 73(4) of the 1995 Act;

(b) an application by the local authority for a permanence order; and

(c) where practicable, under any other circumstances when a children's hearing is convened under section 73 or 65(3) of the 1995 Act to consider the case of a child.

(5) The requirements are-

(a) to consult and take into account the views of-

(i) the child, taking account of the child's age and maturity;

(ii) the kinship carer, foster carer or manager of any residential establishment where the child has been placed; and

(iii) any person with any parental responsibilities or parental rights in respect of the child;

(b) to assess-

(i) the child's needs and how those needs are being met;

(ii) the child's long term needs and how those needs are being or can be met;

(iii) whether the child's welfare is being safeguarded and promoted;

(iv) the child's development;

(v) whether the accommodation is suitable for the child;

(vi) the child's educational needs and whether those needs are being met.

(6) Following a review of the child's case the local authority must-

(a) record in writing-

(i) information obtained in respect of the review;

(ii) 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

(iii) details of any decisions or arrangements made in the course of or as a result of the review; and

(b) amend the care plan prepared under regulation 5 to take account of the outcome of the review.

Local authority visits: child in placement

44. This regulation applies where a child has been placed by a local authority-

(a) with a kinship carer in accordance with regulation 12;

(b) with a foster carer in accordance with regulation 28; or

(2) The local authority must ensure that the child and their carer are visited on their behalf-

(a) within one week of the placement being made; and

(b) thereafter at intervals of not more than 3 months from the date of the previous visit.

(3) Without prejudice to the duty at paragraph (2) the local authority must ensure that the child and their carer are visited on their behalf-

(a) on any occasion where the local authority consider it necessary or appropriate to safeguard or promote the welfare of the child;

(b) where paragraph (1)(a) or (b) applies on any occasion where the local authority consider it necessary or appropriate to provide support and assistance to the child's carer for the purpose of safeguarding or promoting the welfare of the child;

(4) The local authority must ensure that written reports are produced recording the visits made in accordance with paragraph (2) or (3).

(5) In this regulation "carer" means, in relation to the child,-

(a) the kinship carer with whom the child has been placed in accordance with regulation 12;

(b) the foster carer with whom the child has been placed in accordance with regulation 28;

Termination of placement

45. Where for any reason it appears to local authority that it is no longer in a child's best interests to remain in a placement the local authority must make arrangements to terminate the placement as soon as is practicable in the interests of the child.

(1) Where a local authority terminates a placement under paragraph (1) they must immediately notify any person, local authority or Health Board who received notification of the placement under regulation 14, 28 or 34.

(2) In this regulation a child is in a placement where that child is-

(a) being cared for under arrangements made in accordance with regulation 9;

(b) placed with a kinship carer under regulation 12;

(d) otherwise provided with accommodation by a local authority under section 25 of the 1995 Act.

PART XI

ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

Arrangements with registered fostering services

46. Each local authority may individually or jointly enter into arrangements with one or more registered fostering service for the purposes of carrying out the functions mentioned in paragraph (2) in relation to children who are looked after by them in terms of section 17(6) of the 1995 Act.

(1) The functions are the duties and functions specified in Parts II, III, IV, V, VI, VIII, X, IX and X of these Regulations.

(2) A local authority must not make arrangements under this regulation unless-

(a) they are satisfied-

(i) as to the capacity of the registered fostering service to discharge duties and functions on their behalf; and

(ii) the arrangements are the most suitable way for those duties and functions to be discharged;

(b) they enter into a written agreement with the registered fostering service regarding the mattes in Part 1 of Schedule 6; and

(c) where they propose to make arrangements in respect of a particular child they enter into a written agreement with the registered fostering service regarding the matters in Part II of Schedule 6.

(3) Each local authority entering into an arrangement under this regulation must review the arrangement at intervals of not more than 12 months.

(4) No registered fostering service shall be permitted to place a child outside Great Britain.

Visits by local authorities

47. This regulation applies where, by virtue of an arrangement made under regulation 46, a registered fostering service places a child with-

(a) a foster carer; or

(b) a kinship carer,

in accordance with these Regulations.

(2) The local authority must arrange for one of their officers to visit the child within 28 days of the placement.

(3) Where the registered fostering service which placed the child with the carer makes representations to the local authority that there are circumstances relating to the child which require a visit, the local authority must arrange for one of their officers to visit the child within 14 days from the day they receive those representations.

(4) Where the local authority are informed that the welfare of the child may not or is not being safeguarded or promoted the local authority must arrange for one of their officers to visit the child as soon as reasonably practicable but not later than 7 days from the day they are so informed.

PART XII

MISCELLANEOUS

Revocation

48. The following Regulations are revoked:-

(a) the Arrangements to Look After Children (Scotland) Regulations 1996( ⁶); and

(b) the Fostering of Children (Scotland) Regulations 1996( ⁷).

[ ]

St Andrew's House,

Edinburgh

[Date]

SCHEDULE 1 Regulation 3(2), 4(2) and (3)

INFORMATION RELATING TO THE CHILD

1. Name, sex, date and place of birth and present address of the child, their 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 5(3)

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;

(d) any foster carer or kinship carer of the child;

(e) where the child has been placed in a residential establishment, the designated manager of that establishment who is responsible for the care of the child whilst in that establishment;

(f) 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 the 1995 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 the return of the child to their parents or other suitable person.

SCHEDULE 3 Regulation 13

MATTERS AND OBLIGATIONS IN KINSHIP PLACEMENT AGREEMENTS

1. The support and training to be given to the kinship carer.

2. The procedure for the review of the child's case placement with the kinship carer and the timescales agreed for such review.

3. The procedure for placement with the kinship carer and in particular-

(a) the matters to be covered in the kinship placement agreement and the respective obligations, under any such agreements, of the local authority and the kinship carer;

(b) the financial arrangements which are to exist between the local authority and the kinship carer [including any special financial arrangements in relation to particular categories of children who may be placed with the kinship carer;

(c) the procedure available to kinship carers who wish to make representations to the local authority which place the child.

4. The kinship 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 the household, any other change in personal circumstances and any other event affecting either the kinship 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

5. The kinship carer's obligation-

(a) not to administer corporal punishment to any child placed with them;

(b) to ensure that any information relating to a child placed with them, 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 kinship placement agreement, to care for the child placed with the kinship carer as if the child were 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 their home by the local authority.

SCHEDULE 4 Regulation 23

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( ⁸) and which may be disclosed by virtue of the Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2003( ⁹) 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 23(3) or 24, 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 the household, 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

6. The foster carer's obligation-

(a) not to administer corporal punishment to any child placed with them;

(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 their home by the local authority.

SCHEDULE 6 Regulation 46

ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

PART I

MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

1. The duties the local authority propose to delegate to the registered fostering service.

2. The services to be provided to the local authority by the registered fostering service.

3. The arrangements for the selection by the local authority of particular foster carers or kinship carers from those approved by the registered fostering service.

4. The requirements for the registered fostering service to submit reports to the local authority on any placement as may be required by the authority.

5. The arrangements for the termination of the agreement.

PART II

MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD

6. Details of the foster carer or kinship carer with whom the child is to be placed.

7. Details of any services the child is to receive.

8. The terms of the proposed foster agreement placement.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the duties and functions of local authorities in respect of children who are looked after by them in terms of section 17(6) of the Children (Scotland) Act 1995 ("the 1995 Act"). They revoke 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).

Part III, regulations 9 and 10, give local authorities the power to allow looked after children to be cared for either by their own parents or persons who have parental rights and responsibilities.

Parts V and VI make provision for foster care. Part V regulates the creation and functions of foster panels whilst Part VI regulates the approval of foster carers, review of approval and placement of children in foster care. Regulations 31 and 32 also make provision for establishing and maintaining case records for foster carers. Part VII, regulation 33, makes provision for fostering allowances.

Part VIII makes provision for cases where a child is placed in a residential establishment. Regulation 34(2) prescribes notification requirements and regulation 35 the information which must be supplied and the arrangements which must be made with the manager of the establishment.

Part IX concerns emergency placements and regulates when they may be made with a carer (regulation 36) or in a residential establishment (regulation 37). Regulations 38 and 39 prescribe the review of emergency placements.

Part X prescribes the requirement to establish a case record for all looked after children and to review the child's case. Regulation 44 requires visits to be made on behalf of the local authority. Regulation 45 places a duty on the local authority to terminate any placement where it is no longer in the child's interests to remain there.

Part XI allows local authorities to enter into agreements with other fostering services (who are not local authorities and who are registered with the Care Commission) for the purposes of discharging certain functions in respect of looked after children on their behalf.

SECOND CONSULTATION ON DRAFT LOOKED AFTER CHILDREN (SCOTLAND) REGULATIONS 2008

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The Looked After Children (Scotland) Regulations 2008: Second Consultation