Foster Placement (Children) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/910 |
1991 No. 910
CHILDREN AND YOUNG PERSONS
The Foster Placement (Children) Regulations 1991
Made 3rd April 1991
Laid before Parliament 10th April 1991
Coming into force 14th October 1991
The Secretary of State for Health, in exercise of the powersconferred by sections 23(2)(a) and (9), 59(2) and 62(3) of, andparagraph 12(a), (b), (c), (d), (e), (f) and (g) of Schedule 2 to, theChildren Act 19891and of all other powers enabling him in that behalf,hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Foster Placement (Children)Regulations 1991 and shall come into force on 14th October 1991.
(2) In these Regulations, unless the context otherwiserequires—
“the Act” means the Children Act 1989;
“approving authority”, in relation to a foster parent, means the local authority2or voluntary organisation responsible under regulation 3for approving (or not approving) the foster parent;
“area authority”, in relation to a child (and foster parent), means the localauthority in whose area the child is placed where that authority is notalso the responsible authority;
“foster parent” means the person with whom a child is or is proposed to be placedunder these Regulations;
“foster placement agreement” means an agreement referred to in regulation 5(6);
“responsible authority”, in relation to a child, means the local authority or voluntaryorganisation responsible for the placement of the child under (as thecase may be) section 23(2)(a) or 59(1)(a) of the Act.
(3) Any notice or consent required under these Regulations is to begiven in writing and any such notice may be sent by post.
(4) In these Regulations—
(a)
(a) any reference to a numbered regulation is to the regulation inthese Regulations bearing that number and any reference in a regulationto a numbered paragraph is to the paragraph of that regulation bearingthat number;
(b)
(b) any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
Scope of the Regulations
2.—(1) These Regulations apply (subject to paragraph (2)) to any placementof a child—
(a)
(a) by a local authority under section 23(2)(a) of the Act;
(b)
(b) by a voluntary organisation under section 59(1)(a) of the Act(unless they are acting on behalf of a local authority).
(2) These Regulations do not apply to any placement of achild—
(a)
(a) to which the Placement of Children with Parents etc. Regulations19913apply;
(b)
(b) if the child is not in the care of a local authority, with a parentof his or other person having parental responsibility for him;
(c)
(c) for adoption pursuant to the Adoption Act 19764.
(3) Where a care order is in force the application of these Regulationsis subject to any directions given by a court (whether before, on orafter these Regulations come into force).
(4) Nothing in these Regulations requires the temporary removal of achild from a person with whom he is already living before placementunder these Regulations.
PART II
APPROVALS AND PLACEMENTS
Approval of foster parents
3.—(1) Except in the case of an immediate placement under regulation 11, achild is not to be placed unless the foster parent is approved underthis regulation.
(2) Subject to paragraph (3), any local authority and any voluntaryorganisation which is also a responsible authority may approve a fosterparent.
(3) A local authority or voluntary organisation—
(a)
(a) are not to approve a foster parent who is already approved byanother local authority or voluntary organisation;
(b)
(b) are not to approve a foster parent in the area of an area authorityunless they first consult with, and take into account the views of, thatauthority whom they are also to notify of their decision.
(4) A local authority or voluntary organisation are not to give anyapproval under this regulation unless they have first—
(a)
(a) required the prospective foster parent to supply the names andaddresses of two persons to provide personal references for him and havearranged for them to be interviewed;
(b)
(b) obtained so far as practicable, the information specified inSchedule 1 relating to him and other members of his household andfamily,
and (having had regard to these matters) are satisfied that theperson is suitable to act as a foster parent and that his household issuitable for any child in respect of whom approval is given.
(5) An approval given under this regulation may be in respect of aparticular named child or children, or number and age range of children,or of placements of any particular kind or in any particularcircumstances.
(6) Where an approving authority approve a person as a foster parentthey—
(a)
(a) shall give him notice which specifies whether the approval is inrespect of a particular named child or children or number and age rangeof children or of placements of any particular kind or in any particularcircumstances;
(b)
(b) shall nevertheless place no child with him unless he enters into awritten agreement with them covering the matters specified in Schedule 2.
(7) Where an approving authority decide not to approve a person as afoster parent they shall give him notice of the decision.
Reviews and terminations of approval
4.—(1) Where a foster parent has been approved under regulation 3 theapproving authority are to review, at intervals of not more than a year,whether the foster parent and his household continue to be suitable (asmentioned in regulation 3(4)).
(2) When undertaking a review under this regulation the approvingauthority are to seek, and take into account, the views of the fosterparent and of any responsible authority who have placed a child with thefoster parent within the preceding year or who have an earlier placementwith the foster parent which has not been terminated.
(3) At the conclusion of the review the approving authority are toprepare a report and give notice to the foster parent of their decision(including any revision of the terms of the approval under regulation3(6)(a)).
(4) Where on a review the approving authority are no longersatisfied—
(a)
(a) that the terms of the approval under regulation 3(6)(a) areappropriate they shall revise the terms;
(b)
(b) that the foster parent and his household are suitable they shallterminate the approval from a date to be specified in the notice underparagraph (3).
(5) Where a foster parent notifies the approving authority that he nolonger wishes to act as a foster parent, or where the authority areotherwise satisfied that that is the case, the authority are toterminate the approval from a date to be specified by notice to thefoster parent.
(6) A copy of any notice given under paragraph (3) or (5) is to be sentto any other local authority or voluntary organisation who have a childplaced with the foster parent.
Placements
5.—(1) A responsible authority are not to place a child with a fosterparent unless they are satisfied that—
(a)
(a) that is the most suitable way of performing their duty under (asthe case may be) section 22(3) or 61(1)(a) and (b) of the Act; and
(b)
(b) placement with the particular foster parent is the most suitableplacement having regard to all the circumstances.
(2) In making arrangements for a placement a responsible authority areto secure that where possible the foster parent is—
(a)
(a) of the same religious persuasion as the child, or
(b)
(b) gives an undertaking that the child will be brought up in thatreligious persuasion.
(3) Consistent with the terms of any approval given under regulation 3,a responsible authority may place a child with a foster parent whom theyhave themselves approved or, provided the conditions specified inparagraph (4) are satisfied, with a foster parent approved by anotherlocal authority or voluntary organisation.
(4) The conditions referred to in paragraph (3) are that—
(a)
(a) the approving authority consent to the placement;
(b)
(b) any other local authority or voluntary organisation who alreadyhave a child placed with the foster parent also consent to theplacement; and
(c)
(c) the area authority (if they are not also the approving authority)are consulted, and their views taken into account, and are given noticeof the placement.
(5) A responsible authority which places a child after consulting anarea authority under paragraph (4)(c) shall give notice of the placementto the area authority.
(6) Except in the case of an emergency or immediate placement underregulation 11, a responsible authority are not to place a child unlessthe authority and the foster parent have entered into a writtenagreement relating to that child covering the matters specified inSchedule 3.
Supervision of placements
6.—(1) A responsible authority are to satisfy themselves that the welfareof each child placed by them continues to be suitably provided for bythe placement and for that purpose the authority are to—
(a)
(a) make arrangements for a person authorised by the authority to visitthe child, in the home in which he is placed, from time to time ascircumstances may require and when reasonably requested by the child orthe foster parent and in particular (but subject to regulation9(2))—
(i) in the first year of the placement, within one week from itsbeginning and then at intervals of not more than six weeks,
(ii) subsequently, at intervals of not more than 3 months;
(b)
(b) give such advice to the foster parent as appears to the authorityto be needed.
(2) In the case of an emergency or immediate placement under regulation11 the responsible authority are to arrange for the child to be visitedat least once in each week during the placement.
(3) On each occasion on which the child is visited under this regulationthe responsible authority shall cause the authorised person, if theyconsider it...
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