Boarding-out and Fostering of Children (Scotland) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1799 |
| Year | 1985 |
1985 No. 1799 (S. 135)
SOCIAL WORK, SCOTLAND
The Boarding-out and Fostering of Children (Scotland) Regulations 198519thNovember 1985
3rdDecember 1985
1stApril 1986
The Secretary of State, in exercise of the powers conferred on him by section 5(2) and (3) of the Social Work (Scotland) Act 1968(a), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Boarding-out and Fostering of Children (Scotland) Regulations 1985 and shall come into operation on 1st April 1986.
Interpretation
2.—(1) In these regulations—
"the Act" means the Social Work (Scotland) Act 1968;
"care authority" means a local authority or voluntary organisation responsible for the welfare of a child where regulation 3 applies;
"to foster" means to arrange for a child to live as a member of the family of a person who is not the child's parent or guardian and who undertakes to care for him other than in accordance with the Adoption Agencies (Scotland) Regulations 1984(b); and it includes "boarding-out" within the meaning of sections 5(3) and 21 of the Act;
"foster parent" means a person approved by a care authority in accordance with regulation 7;
"local authority" means a regional or islands council;
"voluntary organisation" has the meaning assigned to it by section 94(1) of the Act.
(2) In these regulations any reference to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these regulations.
(a) 1968 c.49; section 5(2) was substituted by the Children Act 1975 (c.72), Schedule 3, paragraph 49.
(b) S.I. 1984/988.
Application
3.—(1) These regulations apply where—
(a) a local authority foster a child who is in their care by virtue of sections 15 or 16 of the Act;
(b) a local authority foster a child who is in their care by virtue of section 10 of the Matrimonial Proceedings (Children) Act 1958(a), section 11 of the Guardianship Act 1973(b), or section 26 of the Adoption (Scotland) Act 1978(c);
(c) a local authority foster a child following the granting of authorisation under section 37(2) of the Act(d) or a warrant under sections 37, 40 or 42 of the Act;
(d) a local authority or voluntary organisation foster a child under respite care arrangements made at the request of the child's parent or guardian;
(e) a voluntary organisation foster a child in their care;
(f) a supervision requirement is made, or is under consideration, by a children's hearing under section 44(1)(a) of the Act which imposes a condition that the child is to reside in a place where he is to be under the care of a person who is not his parent or guardian.
(2) Where paragraph (1)(b) applies, these regulations shall apply subject to any directions made by the court as to the care of the child.
(3) For the purposes of paragraph (1)(d), "respite care arrangements" means arrangements whereby a child with particular handicaps or needs who is normally cared for by his parent, guardian, or relatives is cared for by others for a short period; and paragraph (1)(d) relates only to the situation where the local authority or voluntary organisation are responsible for the choice of those providing the respite care.
PART II
APPROVAL OF FOSTER PARENTS
Appointment and composition of fostering panels
4. A care authority shall appoint a panel for the purpose of considering and advising on the matters specified in regulation 6 and may appoint such additional panels as it considers necessary, and such a panel shall be known as a "fostering panel".
5. A care authority shall satisfy itself that the numbers, qualifications or experience of individual members of a fostering panel will enable it effectively to discharge its functions under regulation 6.
Functions of fostering panel
6.—(1) Subject to paragraphs (2) and (3), a fostering panel shall consider every person referred to it by the care authority as a prospective foster parent and shall make recommendations to the care authority as to whether such a person is suitable to be a foster parent and shall state whether the panel's recommendation is in respect of—
(a) any child to whom these regulations apply; or
(a) 1958 c.40.
(b) 1973 c.29.
(c) 1978 c.28.
(d) Section 37(2) was substituted by the Children Act 1975(c.72), section 83(b).
(b) certain categories of child to whom these regulations apply; or
(c) a particular child or particular children to whom these regulations apply.
(2) In considering its recommendations the panel shall have regard to the duties imposed upon the care authority by section 20 of the Act (a) (duty of local authority to further the best interests of a child in their care and to afford opportunity for his proper development) regulation 14 and, where relevant, regulations 15 and 16, and shall consider all the information and reports passed to it by virtue of regulation 7(1)(c) and any other information which it may request or which may be provided to it.
(3) The care authority may request a fostering panel to consider and advise on any other matters relevant to the performance of its functions under the Act and these regulations.
Approval of foster parents by a care authority
7.—(1) A care authority shall not approve any person as a foster parent unless—
(a) the care authority has, so far as reasonably practicable, obtained the information set out in Schedule 1;
(b) the prospective foster parent has been interviewed by or on behalf of the care authority;
(c) the care authority has conveyed to the fostering panel a report including the information gathered under sub-paragraph (a) together with such other information and such comment as it thinks appropriate;
(d) the care authority has considered a report from the fostering panel containing recommendations on the suitability of the prospective foster parent; and
(e) the care authority is satisfied, having regard to the duty imposed on it by section 20 of the Act, that the prospective foster parent is a suitable person with whom to place children.
(2) The care authority shall state whether its approval of any person as a foster parent is in respect of any of the following categories:—
(a) any child to whom these regulations apply; or
(b) certain categories of child to whom these regulations apply; or
(c) a particular child or particular children to whom these regulations apply.
Agreements with foster parents
8. A care authority which approves a foster parent under regulation 7 shall enter into an agreement with the foster parent regarding the care to be provided for any children who may be placed with the foster parent and the agreement shall include information on—
(a) the financial arrangements which are to exist between the authority and the foster parent, including any special financial arrangements in relation to particular categories of children who may be placed with the foster parent;
(a) Section 20(1) was substituted by the Children Act 1975 (c.72), section 79, and section 20 extended to voluntary organisations by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 2, paragraph 5(a).
(b) the care authority's policies and practice regarding the welfare of children for whom it has responsibility, including medical and dental care and education, the ways in which the foster parent will be expected to follow and contribute to these policies, and the assistance to be provided by the care authority to that effect;
(c) the arrangements made by the care authority to review at appropriate intervals its approval of the foster parent for the purposes of these regulations.
Payment of allowances
9.—(1) A care authority may, subject to such conditions as it considers necessary, pay such allowance, if any, as it sees fit to a foster parent with whom a child is placed under these regulations.
(2) Any allowance payable by virtue of paragraph (1) may be—
(a) a fixed allowance applicable in the case of all children for whom the care authority has responsibility by virtue of these regulations;
(b) a rate applicable to certain categories or circumstances of case;
(c) amounts relevant to the individual needs of a particular child;
and may take into account the needs and circumstances of the foster parent with whom the child is placed.
PART III
ARRANGEMENTS BY A CARE AUTHORITY TO PLACE A FOSTER CHILD
Application of Part III of the regulations
10. This Part of the regulations applies to arrangements made by a care authority to foster a child where regulation 3(1)(a) to (e) applies; this Part does not apply to placement of a child in pursuance of a supervision requirement made by a children's hearing under section 44(1)(a) of the Act.
Decision to place a child in a foster placement
11. Where a care authority has had responsibility for a child by virtue of any of the statutory provisions or arrangements referred to in...
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