The Looked After Children (Scotland) Regulations 2009

PART II S CARE PLANNING

Information to be obtained by the local authority in respect of a child to be or being looked after by them S

3.—(1) This regulation applies where a child is looked after or about to be looked after by a local authority in terms of section 17(6) of the 1995 Act.

(2) The local authority must–

(a) carry out the assessment in accordance with regulation 4; and

(b) so far as is reasonably practicable comply with the requirements in paragraph (3).

(3) The requirements are–

(a) to obtain and record in writing the information relating to the child specified in Schedule 1; and

(b) to obtain a written assessment of the child's health and their need for health care by a registered medical practitioner or a registered nurse.

(4) The requirement at paragraph (3)(b) does not apply where an assessment of the child's health and their need for health care has already been made by a registered medical practitioner or a registered nurse within a period of 3 months immediately preceding the date the child began to be looked after by the local authority.

Assessment S

4.—(1) The local authority must make an assessment of–

(a) the child's immediate needs and how those needs can be met;

(b) the child's long term needs and how those needs can be met;

(c) proposals for safeguarding and promoting the child's welfare;

(d) proposals for making sustainable and long term arrangements for the care of the child;

(e) the nature of the services proposed for the child in the immediate and long term with particular regard to the information specified in Schedule 1;

(f) alternative courses of action including the possibility of making an arrangement in accordance with regulation 8 or approving a person as a kinship carer;

(g) whether the local authority should seek a change in the child's legal status;

(h) the arrangements which require to be made for the time when the child will no longer be looked after by the local authority;

(i) the existing health arrangements for the child and whether there is a need to change such arrangements taking into account the information specified in paragraph 9 of Schedule 1;

(j) having regard to the information specified in paragraph 10 of Schedule 1, the child's educational needs, the proposals for meeting those needs, and the proposals for achieving continuity in the child's education;

(k) the child's religious persuasion and the need for the child to continue to be brought up in accordance with their religious persuasion; and

(l) any other matter relating to the welfare of the child either in the immediate or long term as appears to the local authority to be relevant.

(2) In making an assessment under paragraph (1) the local authority must, where appropriate, seek and take into account the views of–

(a) the child, taking account of their age and maturity;

(b) the child's parents;

(c) any person with parental responsibilities or parental rights in respect of the child; F1 ...

[F2 (ca) any sibling of the child; and]

(d) any other person as the authority considers appropriate.

(3) Where the local authority are considering placing the child with a kinship carer in accordance with regulation 11 or a foster carer in accordance with regulation 27 they must, in addition to the assessment at paragraph (1) make an assessment of the contact arrangements with the child's parents, their family [F3 including any sibling of the child], any person with parental responsibilities or parental rights and any other specified person and whether such arrangements should be changed.

(4) Where the local authority are considering placing a child in a residential establishment they must, in addition to the assessment at paragraph (1), carry out the assessment specified in paragraph (3) and make an assessment of whether that particular placement is appropriate for the child's needs taking into account the residential establishment's statement of functions and objectives.

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph (3) “specified person” means any person who is specified as having contact with the child in any court order or any order granted by a children's hearing.

Textual Amendments

F1 Word in reg. 4(2)(c) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(a)(i)

F2 Reg. 4(2)(ca) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(a)(ii)

F3 Words in reg. 4(3) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(b)

F4 Reg. 4(5) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(c)

Child's plan S

5.—(1) Following an assessment made under regulation 4 the local authority must prepare a plan to be known as the “child's plan” in respect of the child.

(2) Before preparing the child's plan the local authority must, so far as is reasonably practicable and consistent with the best interests of the child, consult with–

(a) the child, taking account of their age and maturity;

(b) the child's parents;

[F5 (c) any relevant person in respect of the child;]

[F6 (d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child;]

(e) any person, of whom the local authority are aware, who has had–

(i) parental responsibilities or parental rights in respect of the child; and

(ii) charge of or control over the child; F7 ...

[F8 (ea) any sibling of the child; and]

(f) any other person as the authority consider appropriate.

(3) The child's plan must include–

(a) the assessments and findings made by the local authority under regulation 4;

(b) arrangements concerning the matters specified in Part I of Schedule 2;

(c) in each case where the local authority are considering placing or have placed the child with a kinship carer in accordance with regulation 11, with a foster carer in accordance with regulation 27 or in a residential establishment arrangements concerning the matters specified in Part II of Schedule 2;

(d) the nature of services proposed for any person to ensure the arrangements concerning the matters specified in Part I or II of Schedule 2 are met;

(e) the health assessment referred to in regulation 3.

(4) The local authority must provide a copy of the child's plan to–

(a) the child where, taking account of the child's age and maturity, the local authority consider that the child is capable of understanding the purpose and effect of the child's plan;

(b) the child's parents;

[F9 (c) any relevant person in respect of the child; and]

[F10 (d) any person other than a relevant person who appears to the authority to have (or to recently have had) a significant involvement in the upbringing of the child.]

(5) The requirements under paragraph (4)(b) or (c) do not apply where the local authority are of the view that, taking into account their duties under section 17 of the 1995 Act and the terms of any permanence order, [F11 an exclusion order or any order or warrant made by a children’s hearing or sheriff under the 2011 Act], it would not be in the child's interest for a copy of the child's plan to be given to that person.

Textual Amendments

F5 Reg. 5(2)(c) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(a)(i); S.S.I. 2013/195, arts. 2, 3

F6 Reg. 5(2)(d) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(a)(ii); S.S.I. 2013/195, arts. 2, 3

F7 Word in reg. 5(2)(e) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(4)(a)

F8 Reg. 5(2)(ea) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(4)(b)

F9 Reg. 5(4)(c) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(b)(i); S.S.I. 2013/195, arts. 2, 3

F10 Reg. 5(4)(d) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(b)(ii); S.S.I. 2013/195, arts. 2, 3

F11 Words in reg. 5(5) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) Order 2013 (S.S.I. 2013/147), art. 1, sch. para. 11(3)(c); S.S.I. 2013/195, arts. 2, 3

[F12 Duty to place siblings together S

5A.— (1) Paragraph (2) applies where—

(a) the local authority are considering placing the child—

(i) with a kinship carer in accordance with regulation 11,

(ii) with a foster carer in accordance with regulation 27,

(iii) in a residential establishment, and

(b) any sibling of the child is looked after or about to be looked after.

(2) The local authority must, where appropriate—

(a) place the child and the sibling of the child with the same carer or in the same residential establishment, or

(b) place the child and the sibling of the child in homes which are near to each other.

(3) In determining for the purposes of paragraph (2) whether the placement is appropriate, the local authority must be satisfied that the placement safeguards and promotes the welfare of the child (which is the paramount concern).

(4) In determining for the purposes of paragraph (2) whether a placement as referred to in sub-paragraph (b) of that paragraph is appropriate, the local authority must be satisfied that such a placement would better safeguard and promote the welfare of a child than a placement as referred to in sub-paragraph (a) of that paragraph.]

Textual Amendments

F12 Reg. 5A inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(5)