The Looked After Children (Scotland) Regulations 2009

Placement of child with kinship carer S

11.—(1) A local authority must not place a child with a kinship carer where–

[F1 (a) the placement is, or would be, contrary to the terms of any—

(i) order or warrant made by the children’s hearing or the sheriff under the 2011 Act;

(ii) permanence order; or

(iii) exclusion order; or]

(b) the placement would return the child to the care of a person where the child was, by virtue of any order, authorisation or warrant, removed from the care of that person.

(2) A local authority must not place a child with a kinship carer unless they are satisfied that–

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

(b) placement of the child with that kinship carer is in the best interests of the child;

(c) following the assessment referred to in regulation 10(3), that kinship carer is a suitable person to care for the child;

(d) they have taken into account all information available to them relevant to the performance of their duties under section 17(1) to (5) of the 1995 Act;

(e) the kinship carer has entered into a written agreement with the local authority under regulation 12; and

(f) the kinship carer has entered into a written agreement with the local authority as to the matters specified in Schedule 4.

Textual Amendments

F1 Reg. 11(1)(a) 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(7); S.S.I. 2013/195, arts. 2, 3