The Local Authority Fostering Services (Wales) Regulations 2018

Regulations 2 and 4

SCHEDULE 1 E+W Information to be contained in a statement of purpose by a local authority provider

The statement of purpose prepared by a local authority provider must contain the following information—

(a) the name and principal address of the local authority,

(b) the name of the local authority manager,

(c) a statement of the range of needs of the children for whom the service is to be provided,

(d) how the service is to be provided to meet the needs of children and to support them to achieve their personal outcomes,

(e) details of the management and staff structure of the service,

(f) details of the facilities and equipment that will be available for foster parents to assist them to meet the needs of children for care and support and to support them to achieve their personal outcomes,

(g) details of the arrangements made to support the cultural, linguistic and religious needs of children,

(h) details of the arrangements made to provide support to children in relation to their sexual orientation and gender identity,

(i) details of the arrangements made for consulting children about the operation of the local authority fostering service,

(j) details of how the local authority will meet children's language and communication needs, including through the medium of Welsh.

Regulation 37

SCHEDULE 2 E+W Records to be kept by local authority providers

1.  A record showing in respect of each child placed with foster parents— E+W

(a) the date of the child's placement;

(b) the child's care and support plan;

(c) the foster care agreement in respect of the child;

(d) the name and address of the foster parents;

(e) the date on which the child ceased to be placed there;

(f) the child's address prior to placement;

(g) the child's address on leaving the placement;

(h) the statutory provision under which the child is or was provided with foster care.

2.  A record of all persons working for the local authority provider, which must include in respect of a person falling within regulation 29(1) the following matters— E+W

(a) full name and home address;

(b) date of birth;

(c) sex;

(d) qualifications relevant to, and experience of, work involving children;

(e) copy of birth certificate and passport (if any) in respect of the person;

(f) copy of each reference obtained in respect of the person;

(g) whether the person is employed by the local authority provider for the purposes of the local authority fostering service under a contract of service, a contract for services, or otherwise than under a contract, or is employed by someone other than the local authority provider;

(h) whether the person works full-time or part-time, and, if part-time, the average number of hours worked per week;

(i) the dates on which the person commences and ceases to be so employed;

(j) the position the person holds in the service;

(k) records of disciplinary action and any other records in relation to the person's employment; and

(l) a record of the date of the person's latest DBS certificate and whether there was any action taken as a result of the content of the certificate.

3.  A record of all serious accidents and injuries occurring to children whilst placed with foster parents. E+W

4.  A record of all complaints made under the complaints policy put in place by the local authority provider, and the action taken by the local authority provider in respect of any such complaints. E+W

5.  Date and circumstances of any safeguarding referrals, and the outcome. E+W

6.  Date and circumstances of any incident of control or restraint used by foster parents on a child. E+W

Regulations 2 and 29

SCHEDULE 3 E+W

PART 1 E+W Information and documentation to be available in respect of persons working in fostering services

1.  Proof of identity including a recent photograph. E+W

2.  Where required for the purposes of an exempted question in accordance with section 113A(2)(b) of the Police Act 1997 M1 , a copy of a valid criminal record certificate issued under section 113A of that Act together with, after the appointed day and where applicable, the information mentioned in section 30A(3) of the Safeguarding Vulnerable Groups Act 2006 M2 (provision of barring information on request). E+W

Marginal Citations

M1 1997 c. 50.

M2 2006 c. 47. Sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 as originally enacted are to be replaced by new sections 30A and 30B as a result of substitutions made by section 72(1) of the Protection of Freedoms Act 2012. Section 72(1) is to be commenced on a day to be appointed.

3.  Where required for the purposes of an exempted question asked for a prescribed purpose under section 113B(2)(b) of the Police Act 1997, a copy of a valid enhanced criminal record certificate issued under section 113B of that Act together with, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act) or suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act). E+W

4.  Two written references, including a reference from the last employer, if any. E+W

5.  Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended. E+W

6.  Documentary evidence of any relevant qualification. E+W

7.  Where relevant, documentary evidence of registration with Social Care Wales. E+W

8.  A full employment history, together with a satisfactory written explanation of any gaps in employment. E+W

9.  Details of registration with or membership of any professional body. E+W

PART 2 E+W Interpretation of Part 1

10.  For the purposes of paragraphs 2 and 3 of Part 1 of this Schedule— E+W

(a) if the person to whom the certificate relates is not registered with the DBS update service, a certificate is only valid if—

(i) it has been issued in response to an application by the local authority provider in accordance with regulation 29(3) or (6), and

(ii) no more than three years have elapsed since the certificate was issued;

(b) if the person to whom the certificate relates is registered with the DBS update service, the certificate is valid regardless of when it was issued.