The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

Regulation 30(2) and (3)

SCHEDULE 1 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

Commencement Information

I1 Sch. 1 para. 1 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I2 Sch. 1 para. 2 in force at 29.4.2019, see reg. 1(2)

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 Sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 as originally enacted are to be replaced by new sections 30A and 30B as a result of substitutions made by section 72(1) of the Protection of Freedoms Act 2012.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

Commencement Information

I3 Sch. 1 para. 3 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I4 Sch. 1 para. 4 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I5 Sch. 1 para. 5 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I6 Sch. 1 para. 6 in force at 29.4.2019, see reg. 1(2)

7.  Where relevant, documentary evidence of registration with SCW. E+W

Commencement Information

I7 Sch. 1 para. 7 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I8 Sch. 1 para. 8 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I9 Sch. 1 para. 9 in force at 29.4.2019, see reg. 1(2)

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 service provider in accordance with regulation 30(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.

Commencement Information

I10 Sch. 1 para. 10 in force at 29.4.2019, see reg. 1(2)

Regulations 2 and 39

SCHEDULE 2 E+W Records to be kept by service 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 child's local authority;

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

Commencement Information

I11 Sch. 2 para. 1 in force at 29.4.2019, see reg. 1(2)

2.  A record of all persons working for the service provider, which must include in respect of a person falling within regulation 30(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 service provider under a contract of service, a contract for services, or otherwise than under a contract, or is employed by someone other than the service 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.

Commencement Information

I12 Sch. 2 para. 2 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I13 Sch. 2 para. 3 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I14 Sch. 2 para. 4 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I15 Sch. 2 para. 5 in force at 29.4.2019, see reg. 1(2)

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

Commencement Information

I16 Sch. 2 para. 6 in force at 29.4.2019, see reg. 1(2)

Regulation 40

SCHEDULE 3 E+W Notifications by the service provider

PART 1 E+W Notifications to the Welsh Ministers

1.  Any revision to the statement of purpose, 28 days prior to the revised statement of purpose coming into effect. E+W

Commencement Information

I17 Sch. 3 para. 1 in force at 29.4.2019, see reg. 1(2)

2.  Service provider (individual or organisation) changes their name. E+W

Commencement Information

I18 Sch. 3 para. 2 in force at 29.4.2019, see reg. 1(2)

[F1 3.   Where, on or after 1 April 2020, the service provider is a body corporate, any change in the— E+W

(a) directors,

(b) trustees, or

(c) members of the managing committee,

of the body corporate.]

Textual Amendments

F1 Sch. 3 paras. 3, 3A substituted for Sch. 3 para. 3 (1.4.2020) by The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/389), regs. 1(2), 9(a)

[F1 3A.   Where, on or after 1 April 2020, the service provider is an unincorporated body, any change in the persons who are concerned in the management and control of the body.] E+W

Textual Amendments

F1 Sch. 3 paras. 3, 3A substituted for Sch. 3 para. 3 (1.4.2020) by The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/389), regs. 1(2), 9(a)

4.  Where the service provider is an individual, the appointment of a trustee in bankruptcy in relation to that individual. E+W

Commencement Information

I19 Sch. 3 para. 4 in force at 29.4.2019, see reg. 1(2)

5.  Where the service provider is a body corporate or partnership, the appointment of a receiver, receiver manager, liquidator or provisional liquidator in relation to that [F2 body corporate] or partnership. E+W

Textual Amendments

F2 Words in Sch. 3 para. 5 substituted (1.4.2020) by The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/389), regs. 1(2), 9(b)

Commencement Information

I20 Sch. 3 para. 5 in force at 29.4.2019, see reg. 1(2)

6.  Where the service provider is a partnership, death of one of the partners. E+W

Commencement Information

I21 Sch. 3 para. 6 in force at 29.4.2019, see reg. 1(2)

7.  Where the service provider is a partnership, any change in the partners. E+W

Commencement Information

I22 Sch. 3 para. 7 in force at 29.4.2019, see reg. 1(2)

8.  Expected absence of the responsible individual for 28 days or more, 7 days prior to the commencement of the absence. E+W

Commencement Information

I23 Sch. 3 para. 8 in force at 29.4.2019, see reg. 1(2)

9.  Unexpected absence of the responsible individual, no later than 7 days after the commencement of the absence. E+W

Commencement Information

I24 Sch. 3 para. 9 in force at 29.4.2019, see reg. 1(2)

10.  Unexpected absence of the responsible individual for 28 days or more, where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence. E+W

Commencement Information

I25 Sch. 3 para. 10 in force at 29.4.2019, see reg. 1(2)

11.  Return from absence of the responsible individual. E+W

Commencement Information

I26 Sch. 3 para. 11 in force at 29.4.2019, see reg. 1(2)

12.  The responsible individual ceases, or proposes to cease, being the responsible individual for the service. E+W

Commencement Information

I27 Sch. 3 para. 12 in force at 29.4.2019, see reg. 1(2)

13.  Any abuse or allegation of abuse in relation to a child that involves the service provider, a member of staff, a volunteer and/or a foster parent. E+W

Commencement Information

I28 Sch. 3 para. 13 in force at 29.4.2019, see reg. 1(2)

14.  Service provider, responsible individual or appointed manager convicted of criminal offence. E+W

Commencement Information

I29 Sch. 3 para. 14 in force at 29.4.2019, see reg. 1(2)

15.  Any allegation of misconduct by a member of staff. E+W

Commencement Information

I30 Sch. 3 para. 15 in force at 29.4.2019, see reg. 1(2)

16.  Serious accident or injury of a child placed with foster parents. E+W

Commencement Information

I31 Sch. 3 para. 16 in force at 29.4.2019, see reg. 1(2)

17.  Any incident which is reported to the police relating to a child placed with foster parents. E+W

Commencement Information

I32 Sch. 3 para. 17 in force at 29.4.2019, see reg. 1(2)

18.  Death of a child placed with foster parents. E+W

Commencement Information

I33 Sch. 3 para. 18 in force at 29.4.2019, see reg. 1(2)

19.  Any referral to the Disclosure and Barring Service pursuant to the Safeguarding Vulnerable Groups Act 2006. E+W

Commencement Information

I34 Sch. 3 para. 19 in force at 29.4.2019, see reg. 1(2)

20.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents. E+W

Commencement Information

I35 Sch. 3 para. 20 in force at 29.4.2019, see reg. 1(2)

21.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation. E+W

Commencement Information

I36 Sch. 3 para. 21 in force at 29.4.2019, see reg. 1(2)

22.  Any proposed change to the address of the principal office, 28 days prior to the change taking place. E+W

Commencement Information

I37 Sch. 3 para. 22 in force at 29.4.2019, see reg. 1(2)

PART 2 E+W Notifications to the placing authority

23.  Death of a child placed with foster parents. E+W

Commencement Information

I38 Sch. 3 para. 23 in force at 29.4.2019, see reg. 1(2)

24.  Any referral to the Disclosure and Barring Service pursuant to the Safeguarding Vulnerable Groups Act 2006. E+W

Commencement Information

I39 Sch. 3 para. 24 in force at 29.4.2019, see reg. 1(2)

25.  Serious accident or injury of a child placed with foster parents. E+W

Commencement Information

I40 Sch. 3 para. 25 in force at 29.4.2019, see reg. 1(2)

26.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified. E+W

Commencement Information

I41 Sch. 3 para. 26 in force at 29.4.2019, see reg. 1(2)

27.  Allegation that a child placed with foster parents has committed a serious offence. E+W

Commencement Information

I42 Sch. 3 para. 27 in force at 29.4.2019, see reg. 1(2)

28.  Any incident which is reported to the police relating to a child placed with foster parents. E+W

Commencement Information

I43 Sch. 3 para. 28 in force at 29.4.2019, see reg. 1(2)

29.  Any incident of a child placed with foster parents being absent without permission. E+W

Commencement Information

I44 Sch. 3 para. 29 in force at 29.4.2019, see reg. 1(2)

30.  Any serious complaint or allegation about any foster parents approved by the service provider. E+W

Commencement Information

I45 Sch. 3 para. 30 in force at 29.4.2019, see reg. 1(2)

31.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents. E+W

Commencement Information

I46 Sch. 3 para. 31 in force at 29.4.2019, see reg. 1(2)

32.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation. E+W

Commencement Information

I47 Sch. 3 para. 32 in force at 29.4.2019, see reg. 1(2)

PART 3 E+W Notifications to the area authority in whose area the foster home is situated

33.  Death of a child placed with foster parents. E+W

Commencement Information

I48 Sch. 3 para. 33 in force at 29.4.2019, see reg. 1(2)

34.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified. E+W

Commencement Information

I49 Sch. 3 para. 34 in force at 29.4.2019, see reg. 1(2)

35.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation. E+W

Commencement Information

I50 Sch. 3 para. 35 in force at 29.4.2019, see reg. 1(2)

36.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents. E+W

Commencement Information

I51 Sch. 3 para. 36 in force at 29.4.2019, see reg. 1(2)

37.  Any incident which is reported to the police relating to a child placed with foster parents. E+W

Commencement Information

I52 Sch. 3 para. 37 in force at 29.4.2019, see reg. 1(2)

PART 4 E+W Notifications to the Local Health Board in whose area the child is placed

38.  The death of a child placed with foster parents. E+W

Commencement Information

I53 Sch. 3 para. 38 in force at 29.4.2019, see reg. 1(2)

39.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified. E+W

Commencement Information

I54 Sch. 3 para. 39 in force at 29.4.2019, see reg. 1(2)

PART 5 E+W Notifications to the police

40.  Allegation that a child placed with foster parents has committed a serious offence. E+W

Commencement Information

I55 Sch. 3 para. 40 in force at 29.4.2019, see reg. 1(2)

41.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation. E+W

Commencement Information

I56 Sch. 3 para. 41 in force at 29.4.2019, see reg. 1(2)

Regulation 67(1)

SCHEDULE 4 E+W Notifications by the responsible individual

1.  The appointment of a manager (see regulation 50(1)). E+W

Commencement Information

I57 Sch. 4 para. 1 in force at 29.4.2019, see reg. 1(2)

2.  The expected absence of the appointed manager for 28 days or more, 7 days prior to the commencement of the absence. E+W

Commencement Information

I58 Sch. 4 para. 2 in force at 29.4.2019, see reg. 1(2)

3.  The unexpected absence of the appointed manager, no later than 7 days after the commencement of the absence. E+W

Commencement Information

I59 Sch. 4 para. 3 in force at 29.4.2019, see reg. 1(2)

4.  The unexpected absence of appointed manager for 28 days or more where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence. E+W

Commencement Information

I60 Sch. 4 para. 4 in force at 29.4.2019, see reg. 1(2)

5.  Return from absence of appointed manager. E+W

Commencement Information

I61 Sch. 4 para. 5 in force at 29.4.2019, see reg. 1(2)

6.  Interim arrangements where the manager is absent for longer than 28 days. E+W

Commencement Information

I62 Sch. 4 para. 6 in force at 29.4.2019, see reg. 1(2)

7.  Someone other than the appointed manager is proposing to manage or is managing the service. E+W

Commencement Information

I63 Sch. 4 para. 7 in force at 29.4.2019, see reg. 1(2)

8.  The appointed manager ceases, or proposes to cease, managing the service. E+W

Commencement Information

I64 Sch. 4 para. 8 in force at 29.4.2019, see reg. 1(2)