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1.
Citation,
commencement and application
3.
Notification
of proposal to foster a child privately
5.
Notification
by person already fostering a child privately
6.
Notification
of a child going to live with private foster carer
8.
Subsequent
visits to children who are being fostered privately
9.
Notification
of change of circumstances
10.
Notification
of the end of a private fostering arrangement
12. Monitoring the discharge of functions
under Part 9 of the Act
13.
Revocation
and transitional provision
The
Children (Private Arrangements for Fostering) Regulations 2005
Citation, commencement and application <Back to Top>
1.—
(1) These
Regulations may be cited as the Children (Private Arrangements for Fostering) Regulations
2005 and shall come into force on 1st July 2005.
(2) These
Regulations apply to England only.
Interpretation <Back to Top>
2. In
these Regulations—
“the Act” means the Children Act 1989;
“appropriate local authority” means—
(i) the local authority
within whose area the child is being fostered privately; or
(ii) in the case of
a proposal to foster a child privately, the local authority within whose area it
is proposed that he will be fostered privately;
“private foster carer” means a person who fosters a child
privately; and
“working day” means any day other than a Saturday, Sunday,
Christmas Day, Good Friday or a day which is a bank holiday within the meaning
of the Banking and Financial Dealings
Notification of proposal to
foster a child privately <Back to Top>
3.—
(1) A
person who proposes to foster a child privately must notify the appropriate
local authority of the proposal—
(a) at least six weeks before the private fostering arrangement
is to begin; or
(b) where the private fostering arrangement is to begin within
six weeks, immediately.
(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 <Back to Top>
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—
(a) visit the premises where it is proposed that the child will
be cared for and accommodated;
(b) visit and speak to the proposed private foster carer and to
all members of his household;
(c) visit and speak to the child, alone unless the officer
considers it inappropriate;
(d) speak to and, if it is practicable to do so, visit every
parent of or person with parental responsibility for the child; and
(e) establish such matters listed in Schedule 2 as appear to the
officer to be relevant.
(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 <Back to Top>
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 <Back to Top>
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 <Back to Top>
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—
(a) visit the premises where the child is being cared for and
accommodated;
(b) visit and speak to the private foster carer and to all
members of his household;
(c) visit and speak to the child, alone unless the officer
considers it inappropriate;
(d) speak to and, if it is practicable to do so, visit every
parent of or person with parental responsibility for the child; and
(e) establish such matters listed in Schedule 3 as appear to the
officer to be relevant.
(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 <Back to Top>
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—
(a) in the first year of the private fostering arrangement, at
intervals of not more than six weeks; and
(b) in any second or subsequent year, at intervals of not more
than 12 weeks.
(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 <Back to Top>
9.—
(1) A
private foster carer must notify the appropriate local authority of—
(a) any change of his address;
(b) any further offence of which he or a person who is part of
or employed at his household has been convicted;
(c) any further disqualification imposed on him or a person who
is part of or employed at his household under section 68 of the Act;
(d) any
person who begins to be part of or employed at his household, and any offence
of which that person has been convicted, and any disqualification or
prohibition imposed on him under section 68 or 69 of the Act or under any
previous enactment of either of those sections; and
(e) any person who ceases to be part of or employed at his
household.
(2) A
notification under paragraph (1) must be given—
(a) in advance if practicable;
(b) in any other case, not more than 48 hours after the change
of circumstances.
(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—
(a) the name and new address of the private foster carer;
(b) the name of the child who is being fostered privately; and
(c) the name and address of the child’s parents or any other
person who has parental responsibility for him.
(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 <Back to Top>
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—
(a) he subsequently
abandons his intention; or
(b) the interval
expires without his having given effect to his intention, 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 <Back to Top>
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 <Back to Top>
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 <Back to Top>
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
SCHEDULE
1 Regulations 3 and 5 <Back to Top>
Information to be provided in Notification
1. The
information referred to in regulations 3(4) and 5(2) is–
(a) the name, sex, date and place of birth, religious
persuasion, racial origin and cultural and linguistic background of the child;
(b) the name and current address of the person giving the notice
and his addresses within the previous five years;
(c) the name and current address of the proposed or current
private foster carer and his addresses within the previous five years;
(d) the name and current address of the parents of the child and
of any other person who has parental responsibility for the child and (if
different) of any person from whom the child is to be, or was, received;
(e) the name and current address of the minor siblings of the
child, and details of the arrangements for their care;
(f) the
name and current address of any person, other than a person specified in
subparagraph (d), who is or was involved (whether or not directly) in arranging
for the child to be fostered privately;
(g) the date on which it is intended that the private fostering
arrangement will start, or on which it did start; and
(h) the intended duration of the private fostering arrangement.
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—
(a) any offence of which he has been convicted;
(b) any disqualification or prohibition imposed on him under
section 68 or 69 of the Act or under any previous enactment of either of those
sections;
(c) any such conviction, disqualification or prohibition imposed
on any other person living in or employed at the same household;
(d) any order of a kind specified in regulations under section
68 of the Act made at any time with respect to him;
(e) any
order of a kind specified in regulations under section 68 of the Act made at
any time with respect to a child who has been in his care; and
(f) any
rights or power with respect to a child that have been at any time vested in an
authority specified in regulations under section 68 of the Act under an
enactment specified in those regulations.
SCHEDULE
2 Regulation 4 <Back to Top>
Welfare of children who are to be fostered
privately
1. The matters referred to in
regulation 4(1)(e) are—
(a) that the intended duration of the arrangement is understood
by and agreed between—
(i) the parents of the
child or any other person with parental responsibility for the child;
and
(ii) the proposed private foster carer;
(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.
SCHEDULE
3 Regulations 7 and 8 <Back to Top>
Welfare of children who are fostered
privately
1. The
matters referred to in regulations 7(1)(e) and 8(4)
are—
(a) that the intended duration of the fostering arrangement is
understood and agreed between —
(i) the parents of the
child or any other person with parental responsibility for the child;
and
(ii) the private foster carer;
(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;
(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.
EXPLANATORY NOTE <Back to Top>
(This note is not part of the Regulations)
These
Regulations revoke and replace the Children (Private Arrangements for
Fostering) Regulations 1991 in relation to England, following amendments to the
private fostering notification scheme made by section 44 of the Children Act
2004.
Regulation
3 requires any person proposing to foster a child privately, any person
involved (whether directly or not) in arranging for the child to be fostered
privately, and a parent of the child or other person with parental
responsibility for the child who knows that it is proposed to foster the
children privately, to notify the appropriate local authority in advance of the
arrangement starting. Notification by the proposed private foster carer has to
be given at least six weeks before the private fostering arrangement is to
begin, or where the arrangement is to begin within six weeks then immediately. Others
required to give notification under regulation 3 must do so as soon as possible
after the arrangement has been made, or as soon as possible after they become
aware of the arrangement.
The
notification should contain such of the information set out in Schedule 1 as
the person giving the notification is able to provide.
Having
received a notification the local authority then have to arrange for an officer
of the authority to visit the place where the child will live and speak to the
proposed private foster carer, members of
his household, the child and
others (regulation 4) and establish such matters as are listed in Schedule 2 as
appear relevant to the officer. The officer then has to make a written report
to the authority.
Regulation
5 sets out the requirement to notify the local authority of the arrangement where
notification under regulation 3 has not been given. Regulation 6 sets out the
requirement to notify the local authority when a private fostering arrangement
of which they have been notified under regulation 3 actually starts. Having
received notification under either regulation 5 or 6, the local authority must
arrange for an officer to
carry out visits and
establish such matters listed in Schedule 3 as appear to him to be relevant
(regulation 7).
Regulation
8 is concerned with local authority visits to the child once the private
fostering arrangement has started. It provides for when the visits should take
place and what the officer of the authority should do when carrying out a
visit. After each visit he is required to make a written report to the local authority.
Private
foster carers are required to notify the local authority of certain changes in
circumstances, such as a change of address or when someone leaves or joins
their household. If the private foster carer moves to the area of another local
authority then certain information is required to be passed to the local
authority for the new area by the local authority for the old. The parent of a
privately fostered child, or other person with parental responsibility for the
child, who knows that the child is being fostered privately must notify the
local authority of a change of their address (regulation 9).
Regulation
10 is concerned with notification of the end of the arrangement. A person who
has been fostering privately a child must notify the local authority within 48
hours of him ceasing to foster
the child privately, and if the
reason for the ending of the arrangement is that the child has died then he
must tell the local authority that that is the reason.
All
notifications given under these Regulations must be in writing (regulation 11).
Regulation
12 requires local authorities to monitor the way in which they discharge their
functions in respect of privately fostered children and to appoint an officer
of the local authority for that purpose.
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