Sentencing Act 2020

PART 11 Fostering requirement

Requirement

26 (1) In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent.

(2) A youth rehabilitation order which imposes a fostering requirement must specify—

(a) the fostering period, and

(b) the local authority which is to place the offender with a local authority foster parent under—

(i) section 22C of the Children Act 1989, or

(ii) section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) The fostering period—

(a) must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and

(b) must end before the offender reaches the age of 18.

This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).

(4) The authority specified must be the local authority in whose area the offender resides or is to reside.

(5) Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—

(a) that no suitable local authority foster parent is available, and

(b) that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.

(6) The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.

(7) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

Restrictions on imposing fostering requirement

27 A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.

A

The court is satisfied that—

(a)

the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b)

imposing that requirement would assist in the offender’s rehabilitation.

B

The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).

C

The court has consulted—

(a)

the offender’s parents or guardians (unless it is impracticable to do so), and

(b)

the local authority which is to place the offender with a local authority foster parent.

D

The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if—

(a)

representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender’s conduct, or

(b)

the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the fostering requirement.