The Fostering Services (England) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/581 |
| Year | 2011 |
2011 No. 581
Children And Young Persons, England
The Fostering Services (England) Regulations 2011
Made 2nd March 2011
Laid before Parliament 10th March 2011
Coming into force 1st April 2011
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 22(1), (2)(a) and (b), (e) to (j), (6), (7)(a) to (h) and (j), 34(1), 48(1)(a) and (c) to (f) and 118(5) to (7) of the Care Standards Act 20001, and sections 22C(11), 26(1) and (2), 31A(3), 59(2) and (3A) and 104(4) of, and paragraphs 12A to 12G of Schedule 2 to, the Children Act 19892.
In accordance with section 22(9) of the Care Standards Act 2000 the Secretary of State has consulted such persons as were considered appropriate.
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Fostering Services (England) Regulations 2011 and come into force on 1st April 2011.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“the 1989 Act” means the Children Act 1989;
“the 2000 Act” means the Care Standards Act 2000;
“approval” means approval as a foster parent in accordance with regulation 27 and references to a person being approved are to be construed accordingly;
“area authority”, in relation to a child, means the local authority3in whose area the child is placed, or is to be placed, where that authority is not the responsible authority;
“care plan” means the plan for the future care of a child prepared in accordance with Part 2 of the Care Planning Regulations;
“the Care Planning Regulations” means the Care Planning, Placement and Case Review (England) Regulations 20104;
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills5;
“child protection enquiries” has the meaning given in regulation 12(5);
“children’s guide” has the meaning given in regulation 3(3);
“early years provider” has the meaning given in section 96 of the Childcare Act 20066;
“foster care agreement” has the meaning given in regulation 27(5)(b);
“foster parent” means a person who—
(i) is approved as a foster parent under these Regulations, and
(ii) except in regulations 25 to 30, includes a person with whom a child is placed under regulation 24 of the Care Planning Regulations (temporary approval of a relative, friend or other person connected with the child);
“fostering agency” has the meaning given in section 4(4) of the 2000 Act7;
“fostering panel” means a panel constituted in accordance with regulation 23;
“fostering service” means—
(i) a fostering agency, or
(ii) a local authority fostering service;
“fostering service provider” means—
(i) in relation to a fostering agency, a registered person, or
(ii) in relation to a local authority fostering service, a local authority;
“independent fostering agency” means a fostering agency falling within section 4(4)(a) of the 2000 Act8;
“IRO” means the independent reviewing officer appointed for a child under section 25A(1) of the 1989 Act9;
“Independent Safeguarding Authority” has the meaning given in section 1 of the Safeguarding Vulnerable Groups Act 200610;
“later years provider” has the meaning given in section 96 of the Childcare Act 2006;
“local authority fostering service” means the discharge by a local authority of “relevant fostering functions” within the meaning of section 43(3)(b) of the 2000 Act11;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“parent”, in relation to a child, includes any person who has parental responsibility for the child;
“parent and child arrangements” means arrangements made by a local authority for a parent and their child to live with a foster parent, whether or not the parent or the child is placed with the foster parent;
“placement” means any placement of a child with foster parents made—
(i) by a local authority under section 22C of the 1989 Act, or
(ii) by a voluntary organisation under section 59(1)(a) of the 1989 Act,
which is not a placement for adoption, and includes a placement arranged by an independent fostering agency acting on behalf of a local authority, and references to a child who is placed are to be construed accordingly;
“placement plan” means the plan for the placement of a child prepared in accordance with regulation 9 of the Care Planning Regulations;
“placing authority”, in relation to a child, means the local authority or voluntary organisation (as the case may be) responsible for the child’s placement;
“Primary Care Trust” means a Primary Care Trust continued or established in accordance with section 18 of the National Health Service Act 200612;
“registered manager”, in relation to a fostering agency, means a person who is registered under Part 2 of the 2000 Act as the manager of the fostering agency;
“registered person”, in relation to a fostering agency, means a person who is the registered provider or the registered manager of the fostering agency;
“registered provider”, in relation to a fostering agency, means a person who is registered under Part 2 of the 2000 Act as the person carrying on the fostering agency;
“responsible authority”, in relation to a child, means the local authority that looks after the child13;
“responsible individual” has the meaning given in regulation 5(1)(d);
“statement of purpose” has the meaning given in regulation 3(1); and
“X” has the meaning given in regulation 26(1).
(2) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, but do not include allowing a person to act as a foster parent, and references to an employee or to a person being employed are to be construed accordingly.
PART 2
Statement of purpose and children’s guide
Statement of purpose and children’s guide
3.—(1) The fostering service provider must compile a written statement in relation to the fostering service (“the statement of purpose”) which consists of—
(a)
(a) a statement of the aims and objectives of the fostering service, and
(b)
(b) a statement as to the services and facilities (including any parent and child arrangements) provided by the fostering service.
(2) The fostering service provider must provide a copy of the statement of purpose to the Chief Inspector, place a copy on their website (if they have one), and make copies available, upon request, to—
(a)
(a) any person working for the purposes of the fostering service,
(b)
(b) any foster parent or prospective foster parent of the fostering service,
(c)
(c) any child placed with a foster parent by the fostering service, and
(d)
(d) the parent of any such child.
(3) The fostering service provider must produce a written guide to the fostering service (“the children’s guide”) which includes—
(a)
(a) a summary of the statement of purpose,
(b)
(b) a summary of the procedure(the representations and complaints procedure) established—
(i) in the case of an independent fostering agency, under regulation 18(1),
(ii) in the case of a local authority fostering service, under section 26(3) of the 1989 Act14,
(iii) in the case of a fostering agency falling within section 4(4)(b) of the 2000 Act, under section 59(4)(b) of the 1989 Act, and
(c)
(c) the address, including email address, and telephone number of the Chief Inspector.
(4) The fostering service provider must provide a copy of the children’s guide to the Chief Inspector, to each foster parent approved by the fostering service provider, and to each child placed by them (subject to the child’s age and understanding).
(5) Subject to paragraph (6), the fostering service provider must ensure that the fostering service is at all times conducted in a manner which is consistent with its statement of purpose.
(6) Nothing in paragraph (5) requires or authorises the fostering service provider to contravene or to fail to comply with—
(a)
(a) any other provision of these Regulations, or
(b)
(b) in the case of a fostering agency, any conditions for the time being in force in relation to the registration of the registered person under Part 2 of the 2000 Act.
Review of statement of purpose and children’s guide
4. The fostering service provider must—
(a) keep under review and, where appropriate, revise the statement of purpose and children’s guide,
(b) notify the Chief Inspector of any such revision within 28 days, and
(c) if the children’s guide is revised, supply a copy to each foster parent approved by the fostering service provider, and to each child placed by them (subject to the child’s age and understanding).
PART 3
Management of Fostering Service
Fostering agency
Fitness of fostering service provider
5.—(1) A person must not carry on a fostering agency unless—
(a)
(a) in the case of an individual carrying on an independent fostering agency otherwise than in partnership with others, that person,
(b)
(b) in the case of an individual carrying on an independent fostering agency in partnership with others, that person and each of the other partners,
(c)
(c) in the case of a partnership carrying on a fostering agency, each of the partners, and
(d)
(d) in the case of an organisation carrying on a fostering agency, where the organisation has given notice to the Chief Inspector of the name, address and position in the organisation of an individual (“the responsible individual”) who is a director, manager, secretary or other officer of...
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