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

PART 17 Offences

Offences - service providers

68.—(1) It is an offence for a service provider to fail to comply with a requirement of any of the provisions specified in paragraph (2)(1).

(2) The provisions specified for the purposes of paragraph (1) are the provisions of regulations—

(a) 4(3) (requirements in relation to the statement of purpose),

(b) 4(4) (requirements in relation to the statement of purpose),

(c) 8(3) (requirements in relation to financial sustainability of the service),

(d) 9(1) (requirement to provide the service in accordance with policies and procedures),

(e) 12(1) (information about the service),

(f) 12(2) (information about the service),

(g) 12(3) (information about the service),

(h) 25 (policy and procedures on bullying),

(i) 26 (procedure when child is absent without permission),

(j) 30(1) (fitness of staff),

(k) 33(1) (information for staff),

(l) 39(1) (records with respect to fostering services),

(m) 39(2) (records with respect to fostering services),

(n) 40(1) (notifications),

(o) 40(2) (notifications),

(p) 40(3) (notifications),

(q) 40(4) (notifications),

(r) 40(5) (notifications),

(s) 40(8) (notifications).

(3) A service provider commits an offence if the provider fails to comply with a requirement of any of the provisions specified in paragraph (4) and such failure results in—

(a) avoidable harm (whether of a physical or psychological nature) to a child,

(b) a child being exposed to a significant risk of such harm occurring, or

(c) in a case of theft, misuse or misappropriation of money or property, any loss by a child of the money or property concerned.

(4) The provisions specified for the purposes of paragraph (3) are the provisions of regulations—

(a) 3 (requirements in relation to the provision of the service),

(b) 4(1) (requirements in relation to the statement of purpose),

(c) 9(5) (requirement to provide the service in accordance with policies and procedures),

(d) 11(1) (suitability of the service),

(e) 11(3) (suitability of the service),

(f) 13 (standards of care and support – overarching requirements),

(g) 20 (safeguarding),

(h) 27(3) (access to health services),

(i) 29 (staffing – overarching requirements).

Offences – responsible individuals

69.—(1) It is an offence for the responsible individual to fail to comply with a requirement of any of the provisions specified in paragraph (2)(2).

(2) The provisions specified for the purposes of paragraph (1) are the provisions of regulations—

(a) 50(1) (duty to appoint a manager),

(b) 51(1) (fitness requirements for appointment of manager),

(c) 54(1) (duty to report the appointment of manager to SCW and the Welsh Ministers),

(d) 54(2) (duty to report the appointment of manager to SCW and the Welsh Ministers),

(e) 56(1) (visits),

(f) 56(2) (visits),

(g) 57(1) (oversight of adequacy of resources),

(h) 57(2) (oversight of adequacy of resources),

(i) 58(1) (other reports to the service provider),

(j) 63(4) (quality of care review),

(k) 64(1) (statement of compliance with the requirements as to standards of care and support),

(l) 67(1) (notifications), and

(m) 67(4) (notifications).

(1)

For penalties upon conviction for an offence under this regulation, see section 51(1) of the 2016 Act.

(2)

For penalties upon conviction for an offence under this regulation, see section 51(1) of the 2016 Act.