The Placement of Children (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Arrangements for Placement of Children (General) Regulations 1991 in relation to Wales. The Regulations make provision for the arrangements for placement of children by local authorities, voluntary organisations and persons carrying on private children’s homes in Wales. The placements may be with foster parents, in community homes, voluntary children’s homes or private children’s homes and under other arrangements (but not in a home provided in accordance with arrangements made by the Assembly under section 82(5) of the Children Act 1989).

Regulation 4 provides for the making of arrangements for accommodation and maintenance of, children, the promotion of their welfare and for the planning of placements.

Regulation 5 makes provision for the matters to be considered by a responsible authority when making arrangements to place a child, including the procedures to be followed where a placement outside the area in which a child normally lives is being considered. The regulation also places a responsible authority under a duty to make a written record of the reasons for its actions under the regulation.

Regulation 6 provides for the responsible authority to notify certain people of the arrangements for the placement of a child, and specifies a time period within which notification must take place, along with a requirement that where appropriate, the responsible authority must request certain bodies to initiate a transfer of relevant records.

Regulation 7 requires voluntary organisations and those persons operating private children’s homes to promote contact between a child and certain people.

Regulation 8 requires a responsible authority to make arrangements for a child’s health to be assessed, provision of health care services during the placement and the registration of the child with a general practitioner and a dentist.

Regulation 9 requires a responsible authority to keep a written case record for every child they place, and provides for the type of information to be kept in that record.

Regulation 10 provides for the length of time a case record must be kept and for the security and confidentiality of those records.

Regulation 11 requires a local authority, a voluntary organisation and a person carrying on a private children’s home, to keep a register containing details of all the children placed by them.

Regulation 12 requires a voluntary organisation or a person carrying on a private children’s home, to provide access to records to Welsh family proceedings officers or to officers of the service.

Regulation 13 provides for the arrangements to be made between a local authority and an area authority, when a local authority arranges for the area authority to carry out some of its functions in respect of a child that is being looked after by the local authority.

Regulation 14 provides for the application of the regulations to short term placements.

Regulation 15 revokes the Arrangements for Placement of Children (General) Regulations 1991 in relation to Wales.