The Looked After Children (Scotland) Regulations 2009

Review of emergency placement under regulation 36 S

38.—(1) This regulation applies where a child is placed in an emergency under regulation 36.

(2) Within [F1 3] [F1 5] working days 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).

(3) 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; and

(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 or as a foster carer;

(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.

[F2 (3A) A local authority need not carry out a review under paragraph (2) within the period of days mentioned in that paragraph if the authority's Chief Social Work Officer is satisfied that—

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

(b) placement of the child with that carer is in the best interests of the child, and

(c) it is not reasonably practicable for the authority to carry out the review within that period.

(3B) Where a local authority, in reliance on paragraph (3A), does not carry out a review under paragraph (2) within the period of days mentioned in paragraph (2), the authority must carry out the review as soon as reasonably practicable after the end of that period.

(3C) In paragraph (3A), “the Chief Social Work Officer”, in relation to a local authority, means the official appointed by the authority under section 3(1) of the Social Work (Scotland) Act 1968.]

(4) 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 in so far as they have not already done so.

Textual Amendments

F1 Word in reg. 38(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 10(7)(a) (with ss. 11-13, sch. 3 para. 10(10)(a)) (which affecting provision expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2))

F2 Reg. 38(3A)-(3C) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 3 para. 10(7)(b) (with ss. 11-13, sch. 3 para. 10(10)(a)) (which affecting provision expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2))