Statutory Instruments
CHILDREN AND YOUNG PERSONS
Made
2nd April 1991
Laid before Parliament
10th April 1991
Coming into force
14th October 1991
The Secretary of State for Health, in exercise of the powersconferred by sections 23(2)(a) and (f)(ii) and (5), 59(2) and (3) and104(4) of, and paragraphs 12, 13 and 14 of Schedule 2, 4(1) and (2)(d)of Schedule 4, 7(1) and (2)(g) of Schedule 5 and paragraph 10(1) and(2)(f) of Schedule 6 to the Children Act 1989(1) and of all other powers enabling him in that behalfhereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Arrangements for Placement ofChildren (General) Regulations 1991 and shall come into force on 14thOctober 1991.
(2) In these Regulations, unless the context otherwiserequires—
“the Act” means the Children Act 1989;
“area authority” means, in relation to a child who is or is to be placed, the localauthority(2) in whose area the child is or is to be placed, where thechild is looked after by a different authority;
“care case” means a case in which the child is in the care of a localauthority(3);
“placement” subject to regulation 13 means—
the provision of accommodation and maintenance by a local authorityfor any child whom they are looking after by any of the means specifiedin section 23(2)(a), (b), (c), (d) or (f) of the Act (accommodation andmaintenance of child looked after by a local authority);
the provision of accommodation for a child by a voluntaryorganisation by any of the means specified in section 59(1)(a), (b),(c), (d) or (f) of the Act (provision of accommodation by voluntaryorganisations), and
the provision of accommodation for a child in a registeredchildren’s home, and the expressions“place” and“placed” shall be construed accordingly;
“responsible authority” means—
in relation to a placement by a local authority (including one inwhich the child is accommodated and maintained in a voluntary home or aregistered children’s home), the local authority which place the child,
in relation to a placement by a voluntary organisation of a childwho is not looked after by a local authority, the voluntary organisationwhich place the child, and
in relation to a placement in a registered children’s home of achild who is neither looked after by a local authority nor accommodatedin such a home by a voluntary organisation, the person carrying on thehome.
(3) Any notice required under these Regulations is to be given inwriting and may be sent by post.
(4) In these Regulations, unless the context otherwiserequires—
(a)any reference to a numbered regulation is to the regulation in theseRegulations bearing that number and any reference in a regulation to anumbered paragraph is to the paragraph of that regulation bearing thatnumber;
(b)any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
2. These Regulations apply to placements—
(a)by a local authority of any child;
(b)by a voluntary organisation of a child who is not looked after by alocal authority;
(c)in a registered children’s home of a child who is neither lookedafter by a local authority nor accommodated in such a home by avoluntary organisation, by a person carrying on the home.
3.—(1) Before they place a child the responsible authority shall, so far asis reasonably practicable, make immediate and long-term arrangements forthat placement, and for promoting the welfare of the child who is to beplaced.
(2) Where it is not practicable to make those arrangements before theplacement, the responsible authority shall make them as soon asreasonably practicable thereafter.
(3) In the case of a child to whom section 20(11) of the Act applies(child aged 16 or over agreeing to be provided with accommodation) thearrangements shall so far as reasonably practicable be agreed by theresponsible authority with the child before a placement is made and ifthat is not practicable as soon as reasonably practicable thereafter.
(4) In any other case in which a child is looked after or accommodatedbut is not in care the arrangements shall so far as reasonablypracticable be agreed by the responsible authority with—
(a)a person with parental responsibility for the child, or
(b)if there is no such person the person who is caring for the child
before a placement is made and if that is not practicable as soon as reasonably practicable thereafter.
(5) Any arrangements made by the responsible authority under thisregulation shall be recorded in writing.
4.—(1) The considerations to which the responsible authority are to haveregard so far as reasonably practicable in making the arrangementsreferred to in regulation 3 in each case are the general considerationsspecified in Schedule 1, the considerations concerning the health of achild specified in Schedule 2 and the considerations concerning theeducation of a child specified in Schedule 3.
(2) Except in a care case, the arrangements referred to in regulation 3shall include, where practicable, arrangements concerning the mattersspecified in Schedule 4.
5.—(1) The responsible authority shall, so far as is reasonablypracticable, notify the following persons in writing of the arrangementsto place a child, before the placement is made—
(a)any person an indication of whose wishes and feelings have beensought under section 22(4), section 61(2) or section 64(2) of the Act(consultation prior to decision making in respect of children lookedafter by a local authority, provided with accommodation by a voluntaryorganisation or in a registered children’s home);
(b)the district health authority for the district in which the child isliving;
(c)the local education authority for the area in which the child isliving;
(d)the child’s registered medical practitioner;
(e)the local authority for the area in which the child is living wherethe child is not placed by such an authority;
(f)he area authority;
(g)any person, not being an officer of a local authority, who is caringfor the child immediately before the arrangements are made;
(h)except in a care case, any person in whose favour a contact order isin force with respect to the child, and
(i)n a care case, any person who has contact with the child pursuant tosection 34 of the Act (contact with a child in care by parents etc) orto an order under that section.
(2) Where it is not practicable to give the notification before theplacement, it shall be given as soon as reasonably practicablethereafter.
(3) The responsible authority shall send a copy of the arrangementsreferred to in regulation 3 or such part of the arrangements as theyconsider will not prejudice the welfare of the child with thenotification referred to in paragraph (1) but in the case ofnotification to those specified in paragraph (1)(b) to (i) they shallsend details of only such part of the arrangements as they considerthose persons need to know.
6. In operating the arrangements referred to in paragraph 6 of Schedule4, a voluntary organisation or a person carrying on a registeredchildren’s home shall, unless it is not reasonably practicable orconsistent with the child’s welfare, endeavour to promote contactbetween the child and the persons mentioned in that paragraph.
7.—(1) A responsible authority shall, so far as reasonably practicablebefore a placement is made and if that is not reasonably practicable assoon as practicable after the placement is made—
(a)ensure that arrangements are made for the child to be examined by aregistered medical practitioner and
(b)require the practitioner who has carried out the examination to makea written assessment of the state of health of the child and his needfor health care
unless the child has been so examined and such assessment has been made within a period of three months immediately preceding the placementor the child is of sufficient understanding and he refuses to submit tothe examination.
(2) During the placement of the child the responsible authority shallensure that arrangements are made for a child to be provided with healthcare services, including medical and dental care and treatment.
8.—(1) A responsible authority shall establish, if one is not already inexistence, a written case record in respect of each child whom itplaces.
(2) The record shall include—
(a)a copy of the arrangements referred to in regulation 3;
(b)a copy of any written report in its possession concerning thewelfare of the child;
(c)a copy of any document considered or record established in thecourse of or as a result of a review of the child’s case;
(d)details of arrangements for contact, of contact orders and of othercourt orders relating to the child; and
(e)details of any arrangements whereby another person acts on behalf ofthe local authority or organisation which placed the child.
9.—(1) A case record relating to a child who is placed shall be retained bythe responsible authority until the seventy-fifth anniversary of thedate of birth of the child to whom it relates or, if the child diesbefore attaining the age of 18, for a period of 15 years beginning withthe date of his death.
(2) The requirements of paragraph (1) may be complied with either byretaining the original written record, or a copy of it, or by keepingall of the information from such record in some other accessible form(such as by means of a computer).
(3) A responsible authority shall secure the safe keeping of caserecords and shall take all necessary steps to ensure that informationcontained in them is treated as confidential, subject onlyto—
(a)any provision of or made under or by virtue of, a statute underwhich access to such records or information may be obtained or given;
(b)any court order under which access to such records or informationmay be obtained or given.
10.—(1) A local authority, shall, in respect of every child placed in theirarea (by them and any other responsible authority) and every childplaced by them outside their area enter into a register to be kept forthe purpose—
(a)the particulars specified in paragraph (3), and
(b)such of the particulars specified in paragraph (4) as may beappropriate.
(2) A voluntary organisation and a person carrying on a registeredchildren’s home shall, in respect of every child placed by them, enterinto a register to be kept for the purpose—
(a)the particulars specified in paragraph (3), and
(b)such of the particulars specified in paragraph (4) as may beappropriate.
(3) The particulars to be entered into the register in accordance withparagraphs (1) or (2) are—
(a)the name, sex and date of birth of the child;
(b)the name and address of the person with whom the child is placedand, if different, of those of the child’s parent or other person notbeing a parent of his who has parental responsibility for him;
(c)in the case of a child placed on behalf of a local authority by avoluntary organisation or in a registered children’s home, the name ofthe authority;
(d)whether the child’s name is entered on any local authority registerindicating that the child is at risk of being abused;
(e)whether the child’s name is entered on the register maintained underparagraph 2 of Schedule 2 to the Act (register of disabled children);
(f)he date on which each placement of the child began and terminatedand the reason for each termination;
(g)in a care case the name of the local authority in whose care thechild is;
(h)the legal provisions under which the child is being looked after orcared for.
(4) The additional particulars to be entered in the register, whereappropriate in accordance with paragraphs (1) or (2) are—
(a)in the case of a child placed by a local authority in respect ofwhom arrangements have been made for the area authority to carry outfunctions pursuant to regulation 12 a note that the arrangements weremade and the name of the other local authority with whom they were made;and
(b)in the case of a child who has been placed, in respect of whomarrangements have been made for supervision of the placement to becarried out on behalf of a responsible authority (otherwise thanpursuant to Regulation 12), a note that the arrangements were made andthe name of person with whom the arrangements were made.
(5) Entries in registers kept in accordance with this regulation shallbe retained until the child to whom the entry relates attains the age of23 or, if the child has died before attaining 23, the period of 5 yearsbeginning with the date of his death.
(6) The requirements of paragraph (1) may be complied with either byretaining the original register, or a copy of it, or by keeping all ofthe information from such a register in some other accessible form (suchas by means of a computer).
(7) A responsible authority shall secure the safe keeping of registerskept in accordance with this regulation and shall take all necessarysteps to ensure that information contained in them is treated asconfidential, subject only to—
(a)any provision of or made under or by virtue of a statute under whichaccess to such registers or information may be obtained or given;
(b)any court order under which access to such registers or informationmay be obtained or given.
11. Each voluntary organisation, where they are not acting as anauthorised person(4), and every person carrying on a registered children'shome shall provide a guardian ad litem of a child—
(a)such access as may be required to—
(i)case records and registers maintained in accordance with theseRegulations; and
(ii)the information from such records or registers held in whatever form(such as by means of computer);
(b)such copies of the records or entries in the registers as he mayrequire.
12. Where arrangements are made by a local authority which is lookingafter a child with an area authority for the area authority to carry outfunctions in relation to a placement on behalf of the localauthority—
(a)the local authority shall supply the area authority with all suchinformation as is necessary to enable the area authority to carry outthose functions on behalf of the local authority;
(b)the area authority shall keep the local authority informed of theprogress of the child and, in particular, shall furnish reports to thelocal authority following each visit to the home in which the child isplaced and following each review of the case of the child carried out bythe area authority on behalf of the local authority;
(c)the local authority and the area authority shall consult each otherfrom time to time as necessary, and as soon as reasonably practicableafter each such review of the case of the child, with regard to whataction is required in relation to him.
13.—(1) This regulation applies to a series of short-term placements at thesame place where the following conditions are satisfied—
(a)all the placements occur within a period which does not exceed oneyear;
(b)no single placement is for a duration of more than four weeks; and
(c)the total duration of the placements does not exceed 90 days.
(2) Any series of short-term placements to which this regulation appliesmay be treated as a single placement for the purposes of theseRegulations.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991
Regulation 4(1)
1. In the case of a child who is in care, whether an application shouldbe made to discharge the care order.
2. Where the responsible authority is a local authority whether theauthority should seek a change in the child’s legal status.
3. Arrangements for contact, and whether there is any need for changesin the arrangements in order to promote contact with the child’s familyand others so far as is consistent with his welfare.
4. The responsible authority’s immediate and long term arrangements forthe child, previous arrangements in respect of the child, and whether achange in those arrangements is needed and consideration of alternativecourses of action.
5. Where the responsible authority is a local authority, whether anindependent visitor should be appointed if one has not already beenappointed.
6. Whether arrangements need to be made for the time when the childwill no longer be looked after by the responsible authority.
7. Whether plans need to be made to find a permanent substitute familyfor the child.
Regulation 4(1)
1. The child’s state of health.
2. The child’s health history.
3. The effect of the child’s health and health history on hisdevelopment.
4. Existing arrangements for the child’s medical and dental care andtreatment and health and dental surveillance.
5. The possible need for an appropriate course of action which shouldbe identified to assist necessary change of such care, treatment orsurveillance.
6. The possible need for preventive measures, such as vaccination andimmunisation, and screening for vision and hearing.
Regulation 4(1)
1. the child’s educational history.
2. The need to achieve continuity in the child’s education.
3. The need to identify any educational need which the child may haveand to take action to meet that need.
4. The need to carry out any assessment in respect of any specialeducational need under the Education Act 1981(4) and meet any such needs identified in a statement ofspecial educational needs made under section 7 of that Act.
Regulation 4(2)
1. The type of accommodation to be provided and its address togetherwith the name of any person who will be responsible for the child atthat accommodation on behalf of the responsible authority.
2. The details of any services to be provided for the child.
3. The respective responsibilities of the responsible authorityand—
(a)the child;
(b)any parent of his; and
(c)any person who is not a parent of his but who has parentalresponsibility for him.
4. What delegation there has been by the persons referred to inparagraph 3(b) and (c) of this Schedule to the responsible authority ofparental responsibility for the child’s day to day care.
5. The arrangements for involving those persons and the child indecision making with respect to the child having regard—
(a)to the local authority’s duty under sections 20(6) (involvement ofchildren before provision of accommodation) and 22(3) to (5) of the Act(general duties of the local authority in relation to children lookedafter by them);
(b)the duty of the voluntary organisation under section 61(1) and (2)of the Act (duties of voluntary organisations); and
(c)the duty of the person carrying on a registered children’s homeunder section 64(1) and (2) of the Act (welfare of children inregistered children’s homes).
6. The arrangements for contact between the child and—
(a)his parents;
(b)any person who is not a parent of his but who has parentalresponsibility for him; and
(c)any relative, friend or other person connected with him,
and if appropriate. the reasons why contact with any such person would not be reasonably practicable or would be inconsistent with thechild’s welfare.
7. The arrangements for notifying changes in arrangements for contactto any of the persons referred to in paragraph 6.
8. In the case of a child aged 16 or over whether section 20(11)(accommodation of a child of 16 or over despite parental opposition)applies.
9. The expected duration of arrangements and the steps which shouldapply to bring the arrangements to an end, including arrangements forrehabilitation of the child with the person with whom he was livingbefore the voluntary arrangements were made or some other suitableperson, having regard in particular, in the case of a local authoritylooking after a child, to section 23(6) of the Act (duty to placechildren where practicable with parents etc.) and paragraph 15 ofSchedule 2 to the Act (maintenance of contact between child and family).
(This note does not form part of the Regulations)
These Regulations make provision for the arrangements for placementof children by local authorities, voluntary organisations and personscarrying on registered children’s homes. These placements are withfoster parents, in community homes, voluntary children’s homes orregistered children’s homes and under other arrangements (but not in ahome provided in accordance with arrangements made by the Secretary ofState under section 82(5) of the Children Act 1989).
The Regulations make provision for the application of theregulations (regulation 2); the making of arrangements for accommodationand maintenance of and promotion of the welfare of children (regulation3); the considerations to be given on making the arrangements and exceptin a care case the contents of those arrangements (regulation 4);notification of the arrangements (regulation 5); the arrangements forcontact in respect of children placed by voluntary organisations or in aregistered children’s home (regulation 6); the health requirements(regulation 7); establishment of records (regulation 8); the retentionand confidentiality of records (regulation 9); registers of relevantinformation (regulation 10); the access by guardians ad litem to recordsand registers (regulation 11); arrangements made between localauthorities and other authorities for carrying out responsibilities inrespect of those arrangements on their behalf (regulation 12) andshort-term placements (regulation 13).
1989 c. 41. Paragraph 14 of Schedule 2 was amended byparagraph 26 of Schedule 16 to the Courts and Legal Services Act 1990(c.41).
“local authority” is defined in section 105(1) of the Act as the council of a county,a metropolitan district, a London Borough or the Common Council of theCity of London. Pursuant to section 2 of the Local Authority SocialServices Act 1970 (c. 42), local authority functions under the ChildrenAct 1989 stand referred to the social services committee of a localauthority.
See the definition of“care order” in section 105(1) of the Children Act 1989 and paragraphs 15 and 16of Schedule 14 to that Act.
For access by guardians ad litem to local authority andauthorised person’s records see section 42 of the 1989 Act as amended byparagraph 18 of Schedule 16 to the Courts and Legal Services Act 1990(c.41).“Authorised person” is defined in section 31, of the 1989 Act.