The Care Planning, Placement and Case Review (Wales) Regulations 2015

CHAPTER 2 Placement with local authority foster parents

Interpretation

22.—(1) In this Chapter—

“approved” (“cymeradwy”) means a person has been approved as a local authority foster parent either—

(a)

in accordance with the Fostering Regulations; or

(b)

in accordance with the Fostering Services (England) Regulations 2011(1); or

(c)

in the case of a placement of C with a particular prospective adopter (“A”), in accordance with regulation 28; or

(d)

in a case of a placement of C with a connected person on a temporary basis, in accordance with regulation 26; and

“registered person” (“person cofrestredig”) has the same meaning as in the Fostering Regulations(2).

(2) Where C is placed jointly with two persons each of whom is approved as a local authority foster parent(3), any reference in these Regulations to a local authority foster parent is to be interpreted as referring equally to both such persons and any requirement to be satisfied by or relating to a particular local authority foster parent must be satisfied by, or treated as relating to, both of them.

Conditions to be complied with before placing a child with a local authority foster parent

23.—(1) This regulation applies where the responsible authority proposes to place C with F.

(2) The responsible authority may only place C with F if—

(a) F is approved by—

(i) the responsible authority, or

(ii) provided that the conditions specified in paragraph (3) are also satisfied, another fostering service provider,

(b) the terms of F’s approval are consistent with the proposed placement, and

(c) F has entered into a foster care agreement either with the responsible authority or with another fostering service provider in accordance with regulation 28(5)(b) of the Fostering Regulations or in accordance with regulation 27(5)(b) of the Fostering Services (England) Regulations 2011.

(3) The conditions referred to in paragraph (2)(a)(ii) are that—

(a) the fostering service provider by whom F is approved consents to the placement, and

(b) where any other local authority or local authority in England currently have a child placed with F, that authority consents to the proposed placement.

Emergency placement with a local authority foster parent

24.—(1) Where it is necessary to place C in an emergency, the responsible authority may place C with any local authority foster parent who has been approved in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011, even if the terms of that person’s approval are not consistent with the placement, provided that the placement is for no longer than 6 working days.

(2) When the period of 6 working days referred to in paragraph (1) expires, the responsible authority must terminate the placement unless the terms of that person’s approval have been amended to be consistent with the placement.

Placement following consideration in accordance with section 81(11) of the 2014 Act

25.—(1) This regulation applies where the responsible authority decides to place C with a particular prospective adopter (“A”) in accordance with section 81(11) of the 2014 Act.

(2) The decision to place C must not be put into effect until it has been approved by the nominated officer and the responsible authority has prepared a placement plan for C.

(3) Before approving a decision under paragraph (2) the nominated officer must—

(a) be satisfied that the placement is the most appropriate placement available for C and it is in C’s best interests to be placed with A,

(b) be satisfied that the requirements of regulation 10(1)(b) have been complied with, and

(c) if their whereabouts are known to the responsible authority, notify the parent or guardian of C of the proposed placement.

Temporary approval of a relative, friend or other person connected with C

26.—(1) Where the responsible authority is satisfied that—

(a) the most appropriate placement for C is with a connected person, notwithstanding that the connected person is not approved as a local authority foster parent, and

(b) it is necessary for C to be placed with the connected person before the connected person’s suitability to be a local authority foster parent has been assessed in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011,

it may approve that person as a local authority foster parent for a temporary period not exceeding 16 weeks (“temporary approval”) provided that it first complies with the requirements of paragraph (2).

(2) Before making a placement under paragraph (1), the responsible authority must—

(a) assess the suitability of the connected person to care for C, including the suitability of—

(i) the proposed accommodation, and

(ii) all other persons aged 18 and over who are members of the household in which it is proposed that C will live,

taking account all the matters set out in Schedule 5,

(b) provide such services to support the connected person as appear to the responsible authority to be necessary to safeguard and promote C’s well-being and it must record details of such services and support in C’s care and support plan,

(c) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s well-being and meet C’s needs set out in the care and support plan,

(d) unless sub-paragraph (e) applies, make immediate arrangements for the suitability of the connected person to be a local authority foster parent to be assessed in accordance with the Fostering Regulations (“the full assessment process”) before the temporary approval expires,

(e) where the connected person is or will be seeking to be assessed as suitable to be a local authority foster parent under the Fostering Services (England) Regulations 2011, the responsible authority may request the cooperation of the fostering service provider which is undertaking the assessment to complete the process before the temporary approval expires, and

(f) make a written agreement with the connected person to the effect that the connected person agrees to—

(i) care for C as if C were a member of the connected person’s family,

(ii) permit any person authorised by the responsible authority to visit C,

(iii) permit the removal of C from the placement at any time,

(iv) ensure that all information relating to C and to C’s family is kept confidential, and

(v) honour contact arrangements made in accordance with any order of the court or made by the responsible authority.

Expiry of temporary approval

27.—(1) Subject to paragraph (4), the responsible authority may extend the temporary approval of a connected person if—

(a) it is likely to expire before the full assessment process is completed, or

(b) the connected person, having undergone the full assessment process, is not approved and seeks a review of the decision in accordance with regulations made under section 87 of the 2014 Act(4) or under paragraph 12F(1)(b) of Schedule 2 to the 1989 Act.

(2) In a case falling within paragraph (1)(a), the responsible authority may extend the period of temporary approval once for a further period of up to 8 weeks.

(3) In a case falling within paragraph (1)(b), the responsible authority may extend the period of temporary approval until the outcome of the review is known.

(4) Before deciding whether to extend the temporary approval in the circumstances set out in paragraph (1), the responsible authority must first—

(a) consider whether placement with the connected person is still the most appropriate placement available,

(b) seek the views of the fostering panel established by the fostering service provider in accordance with the Fostering Regulations or in accordance with the Fostering Services (England) Regulations 2011, and

(c) inform the IRO.

(5) A decision to extend temporary approval must be made by the nominated officer.

(6) If the period of temporary approval and of any extension to that period expires and the connected person has not been approved as a local authority foster parent in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011, the responsible authority must terminate the placement after first making other arrangements for C’s accommodation.

Temporary approval of a particular prospective adopter as a foster parent

28.—(1) Where the responsible authority is satisfied that—

(a) the most appropriate placement for C is with a person who is not approved as a local authority foster parent, but that person is the prospective adopter with whom it proposes to place C for adoption (“A”), and

(b) it is in C’s best interests to be placed with A,

the responsible authority may approve A as a local authority foster parent for a temporary period (“temporary approval period”) provided that the responsible authority first complies with the requirements of paragraph (2).

(2) Before approving A as local authority foster parent under paragraph (1), the responsible authority must—

(a) assess A’s suitability to care for C as a foster parent, and

(b) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s well-being and meet C’s needs as set out in the care and support plan.

(3) The temporary approval period expires—

(a) on C’s placement with A being terminated by the responsible authority;

(b) on A’s approval as a prospective adopter being terminated;

(c) on A being approved as a foster parent in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011;

(d) if A gives written notice to the responsible authority that they no longer wish to be temporarily approved as a foster parent in relation to C, with effect from 28 days from the date on which the notice is received by the responsible authority; or

(e) on C being placed for adoption with A in accordance with the Adoption and Children Act 2002(5).

Independent fostering agencies – discharge of authority functions

29.—(1) A responsible authority may make arrangements in accordance with this regulation for the duties imposed on it by regulation 15(3) and regulation 23 to be discharged on its behalf by a registered person.

(2) No arrangements may be made under this regulation unless the responsible authority has entered into a written agreement with the registered person which includes the information set out in paragraph 1 of Schedule 6, and where the responsible authority proposes to make an arrangement under this regulation in relation to a particular child, the written agreement must also include the matters set out in paragraph 2 of Schedule 6.

(3) The responsible authority must report to the Chief Inspector of the Care and Social Services Inspectorate Wales any concerns it may have about the services provided by a registered person.

(1)

S.I. 2011/581.

(2)

“Registered provider” is defined in regulation 2(1) of the Fostering Regulations (and in identical terms in regulation 2(1) of the Fostering Services (England) Regulations 2011 (S.I. 2011/581).

(3)

“Local authority foster parent” is defined in section 197(1) of the 2014 Act as (a) an English local authority foster parent approved in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to the Children Act 1989 (regulations providing for approval of English local authority foster parents); (b) a Welsh local authority foster parent approved in accordance with regulations made by virtue of section 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of Welsh local authority foster parents).

(4)

Section 92 (regulations about the placing of children with local authority foster parents and prospective adopters) and section 93 (regulations providing for the approval of local authority foster parents) of the 2014 Act provide examples of the way in which the power to make regulations under section 87 of that Act may be exercised by the Welsh Ministers.

(5)

2002 c. 38.