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

PART 6 E+W Requirements on service providers – safeguarding

Safeguarding – overarching requirements E+W

20.  The service provider must put arrangements in place to ensure that children placed by it are safe and are protected from abuse, neglect and improper treatment.

Commencement Information

I1 Reg. 20 in force at 29.4.2019, see reg. 1(2)

Safeguarding policies and procedures E+W

21.—(1) The service provider must have policies and procedures in place—

(a) for the prevention of abuse, neglect and improper treatment, and

(b) for responding to any allegation or evidence of abuse, neglect or improper treatment.

(2) In this regulation, such policies and procedures are referred to as safeguarding policies and procedures.

(3) The service provider must ensure that its safeguarding policies and procedures are operated effectively.

(4) In particular, where there is an allegation or evidence of abuse, neglect or improper treatment, the service provider must—

(a) act in accordance with its safeguarding policies and procedures,

(b) take immediate action to ensure the safety of all children for whom care and support is provided,

(c) make appropriate referrals to other agencies, and

(d) keep a record of any evidence or the substance of any allegation, any action taken and any referrals made.

Commencement Information

I2 Reg. 21 in force at 29.4.2019, see reg. 1(2)

The appropriate use of control and restraint E+W

22.—(1) The service provider must have a policy and procedures in place on the use of control or restraint.

(2) The policy and procedures must prohibit care and support being provided in a way which includes acts intended to control or restrain a child unless those acts—

(a) are necessary to prevent a risk of harm posed to the child or other persons or likely serious damage to property, and

(b) are a proportionate response to such a risk.

(3) The policy and procedures must require foster parents to be trained in any methods of control or restraint to be used.

(4) The policy and procedures must require foster parents to—

(a) make a record of any incident in which control or restraint is used, and

(b) notify the service provider of any such incident within 24 hours.

(5) The service provider must ensure that any control or restraint used by foster parents is carried out in accordance with these policies and procedures.

(6) For the purposes of this regulation, a person controls or restrains a child if that person—

(a) uses, or threatens to use, force to secure the doing of an act which the child resists, or

(b) restricts the child's liberty of movement, whether or not the child resists, including by the use of physical, mechanical or chemical means.

(7) For the purposes of this regulation, “harm” has the same meaning as in section 22(10) of the 2016 Act.

Commencement Information

I3 Reg. 22 in force at 29.4.2019, see reg. 1(2)

Prohibition on the use of corporal punishment E+W

23.  The service provider must ensure that foster parents do not use any form of corporal punishment at any time against any child.

Commencement Information

I4 Reg. 23 in force at 29.4.2019, see reg. 1(2)

Deprivation of liberty E+W

24.  A child must not be deprived of their liberty for the purpose of receiving care and support without lawful authority.

Commencement Information

I5 Reg. 24 in force at 29.4.2019, see reg. 1(2)

Policy and procedures on bullying E+W

25.  The service provider must have in place a policy on the prevention of bullying and procedures for dealing with an allegation of bullying.

Commencement Information

I6 Reg. 25 in force at 29.4.2019, see reg. 1(2)

Procedure when child is absent without permission E+W

26.  The service provider must ensure that there is a procedure to be followed when any child who has been placed with foster parents by the provider is absent without permission.

Commencement Information

I7 Reg. 26 in force at 29.4.2019, see reg. 1(2)