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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Children (Private Arrangements for Fostering) Regulations 2005 No. 1533 URL: http://www.bailii.org/uk/legis/num_reg/2005/20051533.html |
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| Made | 9th June 2005 | ||
| Laid before Parliament | 10th June 2005 | ||
| Coming into force | 1st July 2005 |
Notification of proposal to foster a child privately
3.
—(1) A person who proposes to foster a child privately must notify the appropriate local authority of the proposal—
(2) Any person who is involved (whether or not directly) in arranging for a child to be fostered privately must notify the appropriate local authority of the arrangement as soon as possible after the arrangement has been made.
(3) A parent of a child, and a person who is not a parent of his but who has parental responsibility for a child, who is not involved (whether or not directly) in arranging for the child to be fostered privately but who knows that it is proposed that the child should be fostered privately must notify the appropriate local authority of the proposal as soon as possible after he becomes aware of the arrangement.
(4) Notification given under paragraphs (1) to (3) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.
Action to be taken by local authority on receipt of notification of proposal to foster a child privately
4.
—(1) Where a local authority have received notification under regulation 3 they must, for the purposes of discharging their duty under section 67(1) of the Act (welfare of privately fostered children), arrange for an officer of the authority within seven working days to—
(2) Having completed his functions under paragraph (1) the officer must make a written report to the local authority.
Notification by person already fostering a child privately
5.
—(1) A person who is fostering a child privately and has not given notification to the appropriate local authority in accordance with regulation 3 must notify the appropriate local authority immediately.
(2) Notification given under paragraph (1) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.
Notification of a child going to live with private foster carer
6.
—(1) A person who has given notification under regulation 3(1) must, within 48 hours of the start of the arrangement, notify the appropriate local authority of the fact.
(2) A parent of a child, and any other person who has parental responsibility for the child, who has given notification under regulation 3(2) or 3(3) must within 48 hours of the child's going to live with a private foster carer, notify the appropriate local authority of the fact.
Action to be taken by local authority on receipt of notification about a child being fostered privately
7.
—(1) Where a local authority have received a notification under regulation 5 or 6 they must for the purposes of discharging their functions under section 67(1) of the Act, arrange for an officer of the authority within seven working days to—
(2) Having completed his functions under paragraph (1) the officer must make a written report to the local authority.
Subsequent visits to children who are being fostered privately
8.
—(1) Each local authority must arrange for an officer of the authority to visit every child who is being fostered privately in their area—
(2) In addition to visits carried out in accordance with paragraph (1) the local authority must arrange for every child who is fostered privately in their area to be visited by an officer when reasonably requested to do so by the child, the private foster carer, a parent of the child or any other person with parental responsibility for the child.
(3) When carrying out a visit under this regulation the officer must speak to the child alone unless he considers it inappropriate.
(4) When carrying out a visit under this regulation the officer must establish such matters listed in Schedule 3 as appear to him to be relevant.
(5) The officer must make a written report to the local authority after each visit carried out in accordance with this regulation.
(6) For the purposes of this regulation, the private fostering arrangement is deemed to begin when the local authority become aware of it.
Notification of change of circumstances
9.
—(1) A private foster carer must notify the appropriate local authority of—
(2) A notification under paragraph (1) must be given—
(3) If the private foster carer's new address is in the area of another local authority, or of a local authority in Scotland, Wales or Northern Ireland, the authority to whom the notification is given under this regulation must pass on to the authority for the area—
(4) The parent of a privately fostered child, and any other person who has parental responsibility for the child, who knows that the child is being fostered privately, must notify the appropriate local authority of any change of his own address.
Notification of the end of a private fostering arrangement
10.
—(1) Subject to paragraphs (2) and (3), any person who has been fostering a child privately but has ceased to do so must notify the appropriate local authority within 48 hours and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.
(2) Where a person has been fostering a child privately but has ceased to do so because of the death of the child he must in his notification to the local authority indicate that that is the reason.
(3) Paragraph (1) shall not apply where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days but if—
he must notify the local authority within 48 hours of abandoning his intention or, as the case may be, the expiry of the interval.
(4) Any parent of a privately fostered child, and any other person who has parental responsibility for a child, who has given notification to the local authority under regulation 3(2) or (3) must notify the appropriate local authority of the ending of the private fostering arrangement and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.
Form of notification
11.
Any notification required under these Regulations must be given in writing and may be sent by post.
Monitoring the discharge of functions under Part 9 of the Act
12.
Each local authority must monitor the way in which they discharge their functions under Part 9 of the Act and must appoint an officer of the authority for that purpose.
Revocation and transitional provision
13.
The Children (Private Arrangements for Fostering) Regulations 1991[3] in so far as they apply to England are revoked, save that any notification given under those Regulations before the coming into force of these Regulations shall be treated as if it had been given under these Regulations.
Signed by the Secretary of State for Education and Skills
Maria Eagle
Parliamentary Under Secretary of State Department for Education and Skills
9th June 2005
2.
In the case of a person giving notice under regulation 3(1) or 5(1) the information referred to in regulations 3(4) and 5(2) also includes—
(b) the wishes and feelings of the child about the proposed arrangement (considered in the light of his age and understanding);
(c) the suitability of the proposed accommodation;
(d) the capacity of the proposed private foster carer to look after the child;
(e) the suitability of other members of the proposed private foster carer's household;
(f) that arrangements for contact between the child and his parents, any other person with parental responsibility for him, and other persons who are significant to him, have been agreed and understood and that those arrangements will be satisfactory for the child;
(g) that the parents of the child or any other person with parental responsibility for him and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;
(h) that consideration has been given to, and necessary steps taken to make arrangements for, care of the child's health;
(i) that consideration has been given to, and necessary steps taken to make arrangements for, the child's education;
(j) how decisions about the care of the child will be taken; and
(k) whether the proposed private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as seems to the authority to be needed.
(b) the wishes and feelings of the child about the arrangement (considered in the light of his age and understanding);
(c) that the child's physical, intellectual, emotional, social and behavioural development is appropriate and satisfactory;
(d) that the child's needs arising from his religious persuasion, racial origin, and cultural and linguistic background are being met;
(e) that the financial arrangements for the care and maintenance of the child are working;
(f) the capacity of the private foster carer to look after the child;
(g) the suitability of the accommodation;
(h) that the arrangements for care of the child's health are in place and, in particular, that the child is included on the list of a person who provides primary medical services pursuant to Part 1 of the National Health Service Act 1977[4];
(i) the arrangements for the child's education;
(j) the standard of the care which the child is being given;
(k) the suitability of members of the private foster carer's household;
(l) whether the contact between the child and his parents, or any other person with whom contact has been arranged, is satisfactory for the child;
(m) how decisions about the child's care are being taken; and
(n) whether the private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as appears to the authority to be needed.
[3] S.I. 1991/2050, as amended in relation to England by S.I. 2004/865.back
[4] 1977 c.49; section 16CC (inserted by section 174 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) imposes a duty on primary care trusts to provide or secure provision of primary medical services.back