The Local Authority Fostering Services (Wales) Regulations 2018

2018No. 1339 (W. 261)

SOCIAL CARE, WALES

The Local Authority Fostering Services (Wales) Regulations 2018

Made12December2018

Laid13December2018

Coming into force29April2019

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 87, 92, 94A and 196(1) and (2) of the Social Services and Well-being (Wales) Act 2014( 1).

PART 1

General

Title and commencement

1.—(1) The title of these Regulations is the Local Authority Fostering Services (Wales) Regulations 2018.

(2) These Regulations come into force on 29 April 2019.

Interpretation

2. In these Regulations—

the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014;

the 2016 Act” (“Deddf 2016”) means the Regulation and Inspection of Social Care (Wales) Act 2016( 2);

“the 2015 Regulations” (“Rheoliadau 2015”) means the Care Planning, Placement and Case Review (Wales) Regulations 2015( 3);

“the 2018 Regulations” (“Rheoliadau 2018”) means the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018( 4);

“area authority” (“awdurdod ardal”) means the local authority or local authority in England for the area in which the child is placed, or is to be placed, where this is different from the authority which is looking after the child;

“care and support plan” (“cynllun gofal a chymorth”) means a plan for the child made under section 83 of the 2014 Act;

“DBS certificate” (“tystysgrif GDG”) means a certificate of a type referred to in paragraph 2 or 3 of Schedule 3;

“the Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) and “DBS” (“GDG”) mean the body formed by section 87(1) of the Protection of Freedoms Act 2012( 5);

“employee” (“cyflogai”) has the same meaning as in section 230(1) of the Employment Rights Act 1996( 6);

“foster care agreement” (“cytundeb gofal maeth”) means the written agreement covering the matters specified in Schedule 3 to the 2018 Regulations;

“general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner( 7) who—

(a) provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006( 8), or

(b) provides services which correspond to services provided under Part 4 of the National Health Service (Wales) Act 2006, otherwise than in pursuance of that Act;

“improper treatment” (“triniaeth amhriodol”) means discrimination or unlawful restraint, including inappropriate deprivation of liberty under the terms of the Mental Capacity Act 2005( 9);

“local authority foster parent” (“rhiant maeth awdurdod lleol”) has the same meaning as that given in section 197 of the 2014 Act, and includes a person with whom a child is placed under regulation 26 of the 2015 Regulations (temporary approval of a relative, friend or other person connected with a child) or regulation 28 of those Regulations (temporary approval of a particular prospective adopter as a foster parent);

“local authority fostering service” (“gwasanaeth maethu awdurdod lleol”) means any service provided in Wales by a local authority which consists of or includes the placement of children with foster parents or exercising functions in connection with such a placement, and “service” (“gwasanaeth”) is to be construed accordingly;

“local authority manager” (“rheolwr awdurdod lleol”) means the person appointed by the local authority fostering services provider as manager under regulation 7;

“local authority provider” (“darparwr awdurdod lleol”) means the local authority providing the local authority fostering services;

“parent” (“rhiant”), in relation to a child, includes any person who has parental responsibility for the child;

“personal outcomes” (“canlyniadau personol”) means—

(a) the outcomes that the child wishes to achieve, or

(b) the outcomes that any persons with parental responsibility wish to achieve in relation to the child;

“placement” (“lleoliad”) means the placement of a child with foster parents under section 81(5), (6)(a) and (b) of the 2014 Act;

“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 2010( 10);

“Social Care Wales” (“Gofal Cymdeithasol Cymru”) has the meaning given in section 67(3) of the 2016 Act;

“social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in the register maintained by Social Care Wales under section 80 of the 2016 Act, in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001( 11) or in a corresponding register maintained under the law of Scotland or Northern Ireland;

“staff” (“staff”) includes—

(a) persons employed by the local authority provider to work at the service as an employee or a worker, and

(b) persons engaged by the local authority provider under a contract for services,

but does not include persons who are allowed to work as volunteers;

“statement of purpose” (“datganiad o ddiben”) means the document containing the information which must be provided in accordance with Schedule 1 for the place in relation to which the service is provided;

“worker” (“gweithiwr”) has the same meaning as in section 230(3) of the Employment Rights Act 1996( 12).

PART 2

General requirements for local authority providers

Requirements in relation to the provision of the local authority fostering service

3. The local authority provider must ensure that the service is provided with sufficient care, competence and skill, having regard to the statement of purpose.

Content of statement of purpose

4. The local authority provider must prepare a statement of purpose which contains the information listed in Schedule 1.

Requirements in relation to statement of purpose

5.—(1) The local authority provider must provide the service in accordance with the statement of purpose.

(2) The local authority provider must—

(a) keep the statement of purpose under review, and

(b) where appropriate, revise the statement of purpose.

(3) The local authority provider must give notice to the persons listed in paragraph (4) of any revision to be made to the statement of purpose at least 28 days before it is to take effect.

(4) The persons who must be given notice of any revision to the statement of purpose in accordance with paragraph (3) are—

(a) the Welsh Ministers,

(b) any child placed by the local authority provider, unless it would not be appropriate to do so having regard to the child's age and understanding,

(c) the parents of any such child,

(d) foster parents and prospective foster parents,

(e) persons working for the purposes of the local authority fostering service.

(5) The local authority provider must provide the up to date statement of purpose to any person on request, unless it is not appropriate to do so or would be inconsistent with the well-being of a child.

Requirements in relation to monitoring and improvement

6.—(1) The local authority provider must ensure that there are effective arrangements in place for monitoring, reviewing and improving the quality of the service.

(2) Those arrangements must include arrangements for seeking the views of—

(a) any child placed by the local authority provider,

(b) the parents of any such child, unless this is inappropriate or inconsistent with the child's well-being,

(c) foster parents,

(d) persons working for the purposes of the local authority fostering service, and

(e) any area authority,

on the quality of the service.

(3) When making any decisions on plans for improvement of the quality of the service, the local authority provider must take into account the views of those persons consulted in accordance with paragraph (2).

Requirement to appoint a local authority manager

7.—(1) The local authority provider must appoint one of its officers to be responsible for the management of the service.

(2) The local authority provider must immediately give notice in writing to the Welsh Ministers—

(a) of the name of the person appointed as manager,

(b) of the date on which the appointment is to take effect,

(c) if the person appointed as manager ceases to manage the local authority fostering service.

Fitness requirements for appointment of manager

8.—(1) The local authority provider must not appoint a person to manage the service unless that person is fit to do so.

(2) For the purposes of paragraph (1), a person is not fit to manage the service unless the requirements of regulation 29(2) (fitness of staff) are met in respect of that person.

Other requirements in relation to the manager

9.—(1) The local authority provider must ensure that the person who is appointed as the manager—

(a) is supported to carry out their duties effectively, and

(b) undertakes appropriate training.

(2) The local authority provider must ensure that the manager complies with the requirements of Part 11 (duties of local authority managers).

(3) In the event that the local authority provider has reason to believe that the manager has not complied with a requirement imposed by the regulations in Part 11, the provider must take such action as is necessary to ensure that the requirement is complied with.

(4) The local authority provider must put suitable arrangements in place to ensure that the service is managed effectively at any time when there is no manager appointed or when the manager is absent from the service.

Requirement to provide the service in accordance with policies and procedures

10.—(1) The local authority provider must ensure that the following policies and procedures are in place for the service—

(a) safeguarding (see regulation 20),

(b) appropriate use of control or restraint (see regulation 21),

(c) bullying (see regulation 24),

(d) absence (see regulation 25),

(e) medication (see regulation 26 (access to health services)),

(f) supporting and developing staff (see regulation 30),

(g) staff discipline (see regulation 32),

(h) complaints (see regulation 39),

(i) whistleblowing (see...

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