Statutory Instruments
CHILDREN AND YOUNG PERSONS
Made
2nd 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(5), and (9) and 104(4) of, and paragraph 14 ofSchedule 2 to, the Children Act 1989(1) and of all other powers enabling him in that behalfhereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Placement of Children withParents etc Regulations 1991 and shall come into force on 14th October1991.
(2) In these Regulations, unless the context otherwiserequires—
“the Act” means the Children Act 1989;
“area authority” means, in relation to a child who is or is to be placed, the localauthority(2) in whose area the child is or is to be placed where thechild is in the care of a different authority;
“guardian ad litem” means a guardian ad litem appointed pursuant to section 41 of theAct (representation of child and his interests in certain proceedings)or under rules made under section 65 of the Adoption Act 1976(3) (panels for selection of guardians and litem andreporting officers);
“placement” means allowing a child who is in the care of a local authority tolive pursuant to section 23(5) of the Act (placement of a child in carewith parents etc.) with
a parent of the child,
a person who is not a parent of the child but who has parentalresponsibility for him, or
where there was a residence order in force with respect to himimmediately before the care order was made a person in whose favour theresidence order was made,
and the expressions“place” and“placed” shall be construed accordingly and“placed with” a person means being allowed to live with that person pursuant tothat section;
“placement decision” means a decision to place a child which is made in accordance withregulation 5(2) (placement decisions by director of social services ornominated person);
“supervisory duties” means the duties imposed by regulation 9 (support and supervisionof placements).
(3) Any notice required under these Regulations is to be in writing andany such notice may be sent by post.
(4) In these Regulations, unless the context otherwiserequires—
(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)any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
2.—(1) These Regulations shall apply to every child who is in the care of alocal authority(4) and who is or is proposed to be placed.
(2) Where a child who is to be placed is aged 16 or over regulations 3,6, 7, 8, 9 and 12 shall not apply.
(3) These Regulations shall not apply to the placement of a child foradoption pursuant to the Adoption Act 1976.
(4) Nothing in these Regulations shall require the temporary removal ofa child from the person with whom he is already living and with whom hemay be placed, before a placement decision is made concerning him.
(5) These Regulations shall not apply in a case to the extent that theyare incompatible with any order made by a court under section 34 of theAct (parental contact with children in care etc), or any direction of acourt which has effect under paragraph 16(5) of Schedule 14 to the Act(transitional provision as to directions) in that case.
3.—(1) Before a placement decision is made, a local authority shall makeall necessary enquiries in respect of—
(a)the health of the child;
(b)the suitability of the person with whom it is proposed that thechild should be placed;
(c)the suitability of the proposed accommodation, including theproposed sleeping arrangements;
(d)the educational and social needs of the child; and
(e)the suitability of all other members of the household, aged 16 andover, in which it is proposed a child will live.
(2) In considering the suitability of a person as required by paragraph(1)(b) or (e), the local authority shall, so far as practicable, takeinto account the particulars specified in paragraphs 1 and 2respectively of Schedule 1.
4. A local authority shall satisfy themselves that the placement of achild is the most suitable way of performing their duty under section22(3) of the Act (general duty of local authority in respect of childrenlooked after by them) and that the placement is the most suitable havingregard to all the circumstances.
5.—(1) A placement shall be made only after a placement decision has beenmade.
(2) The decisions to place a child shall be made on behalf of the localauthority by the director of social services appointed by the authorityunder section 6 of the Local Authority Social Services Act 1970(5) (director of social services) or by an officer of thelocal authority nominated in writing for that purpose by the director.
6.—(1) Subject to paragraph (2), nothing in regulation 3 shall prevent theimmediate placement of a child pursuant to a placement decision incircumstances in which the local authority consider that to be necessaryand in accordance with their duty under section 22(3) of the Act and insuch a case the authority shall take steps to ensure that the provisionsof these Regulations that would otherwise have to be complied withbefore the placement decision is made are complied with as soon aspracticable thereafter.
(2) Before an immediate placement is made pursuant to this regulation alocal authority shall—
(a)arrange for the person with whom the child is to be placed to beinterviewed in order to obtain as much of the information specified inparagraph 1 of Schedule 1 as can be readily ascertained at theinterview, and
(b)arrange to obtain as much of the information specified in paragraph2 of Schedule 1 in relation to other members of the household aged 16and over, in which it is proposed the child will live, as can be readilyascertained at the time of that interview.
7. Following a placement decision the local authority shall seek toreach agreement with the person with whom the child is to be placed onall the particulars, so far as is practicable, specified in Schedule 2and the placement shall not be put into effect unless and until such anagreement on all such particulars has been reached and recorded inwriting and a copy of it has been given or sent to that person.
8.—(1) Subject to paragraph (3) the local authority shall, so far aspracticable, give notice to all the persons whose wishes and feelingshave been sought in relation to the decision to place the child pursuantto section 22(4) of the Act (persons to be consulted concerning localauthority decisions) and to those persons specified in paragraph (4)of—
(a)the placement decision, and
(b)details of where the child is to be placed.
(2) Where the child is placed with a person other than a parent thelocal authority’s notice under paragraph (1) to the persons referred toin the paragraph shall contain—
(a)the name and address of the person with whom the child is placed;
(b)particulars of arrangements for contact with the child;
(c)any other particulars relating to the care and welfare of the childwhich it appears to the local authority ought to be supplied.
(3) A local authority shall not be required to give notice underparagraph (1) in the case of a person whose whereabouts are unknown tothe authority, or cannot be readily ascertained, or in any case wherethe authority determine that to give such notice would not be inaccordance with their duty under section 22(3) of the Act.
(4) For the purposes of paragraph (1) the persons specifiedare—
(a)the district health authority for the district in which the childis living;
(b)the local education authority for the area in which the child isliving;
(c)the child’s registered medical practitioner;
(d)the area authority;
(e)any person, not being an officer of a local authority, who has beencaring for the child immediately before the placement; and
(f)where there was a residence order in force with respect to thechild immediately before the care order was made, the person in whosefavour the residence order was made.
9.—(1) A local authority shall satisfy themselves that the welfare of eachchild who has been placed by them continues to be appropriately providedfor by his placement and for that purpose the authorityshall—
(a)give such advice and assistance to the person with whom the childis placed as appears to the local authority to be necessary;
(b)make arrangements for a person authorised by the local authority tovisit the child from time to time as necessary but in anyevent—
(i)within one week of the beginning of the placement,
(ii)at intervals of not more than 6 weeks during the first year ofthe placement,
(iii)thereafter at intervals of not more than three months andalso whenever reasonably requested by the child or the person with whomthe child is placed
and for the person so authorised to make arrangements, so far as practicable, on each visit to see the child alone.
(2) On each occasion on which a child is visited in pursuance of thisregulation by any person authorised by the local authority which placedthe child the local authority shall cause a written report on the childto be prepared by that person.
10. A local authority which make arrangements to place a child outsideEngland and Wales in accordance with the provisions of paragraph 19 ofSchedule 2 to the Act (placement of child in care outside England andWales) shall take steps to ensure that, so far as is reasonablypracticable, requirements corresponding with the requirements of theseRegulations are complied with in relation to that child as would berequired to be complied with under these Regulations if the child wereplaced in England and Wales.
11.—(1) If it appears to a local authority that the placement is no longerin accordance with their duty in respect of the child under section22(3) of the Act or would prejudice the safety of the child, they shallterminate the placement and shall remove the child forthwith from theperson with whom he is placed.
(2) Where, in the case of a child who has been placed in the area of anarea authority by another local authority, it appears to the areaauthority that it would be detrimental to the welfare of the child if hecontinued to be so placed, the area authority may remove the childforthwith from the person with whom he is placed.
(3) Where a child is removed under paragraph (2) the area authorityshall forthwith notify the other authority of that fact and thatauthority shall make other arrangements for the care of the child assoon as is practicable.
12. In relation to a decision to terminate a placement a local authorityshall, so far as is reasonably practicable—
(a)give notice in writing of any decision to terminate the placementbefore it is terminated to—
(i)the child, having regard to his age and understanding,
(ii)the other persons whose wishes and feelings have been soughtin relation to the decision to terminate the placement pursuant tosection 22(4) of the Act,
(iii)the person with whom the child is placed,
(iv)the other persons to whom regulation 8(1) refers; and
(b)give notice in writing of the termination of the placement to allthose persons, other than the child and the person with whom the childwas placed.
13.—(1) This regulation applies to a series of short-term placements withthe same person where the following conditions aresatisfied—
(a)all the placements occur within a period which does not exceed oneyear;
(b)no single placement is for a duration of more than four weeks; and
(c)the total duration of the placements does not exceed 90 days.
(2) Any series of short-term placements to which this regulation appliesmay be treated as a single placement for the purpose of theseRegulations.
(3) Regulation 9(1)(b) shall apply in relation to short-term placementsto which this regulation applies as if for paragraphs (1)(b)(i) to (iii)of that regulation there were substituted—
“(i)during the first of the series of short-term placements towhich this regulation applies, and
(ii)on one other occasion while the child is in fact placed duringthe series of short- term placements.”
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991
Regulation 3(2)
1. In respect of a person with whom it is proposed the child should beplaced—
(a)age;
(b)health;
(c)personality;
(d)marital status and particulars of any previous marriage;
(e)previous experience of looking after and capacity to look afterchildren and capacity to care for the child;
(f)the result of any application to have a child placed with him or toadopt a child or of any application for registration under section 71(registration as child-minder) of the Act and details of any prohibitionon his acting as a child-minder, providing day care, or caring forfoster children privately or children in a voluntary or registeredchildren’s home;
(g)details of children in his household, whether living there or not;
(h)religious persuasion and degree of observance, racial origin andcultural and linguistic background;
(i)past and present employment and leisure activities and interests;
(j)details of the living standards and particulars of accommodation ofhis household;
(k)subject to the provisions of the Rehabilitation of Offenders Act1974, any criminal conviction.
2. In respect of members of the household aged 16 and over of a personwith whom a child is to be placed, so far as is practicable, all theparticulars specified in paragraph 1(a), (b), (c), (d), (f), (i), and(k) of this Schedule.
Regulation 7
1. The authority’s plans for the child and the objectives of theplacement.
2. The arrangements for support of the placement.
3. Arrangements for visiting the child in connection with thesupervision of the placement by the person authorised by or on behalf ofthe local authority or area authority, and frequency of visits andreviews of the child’s case under regulations made under section 26 ofthe Act(6) (review of cases).
4. Arrangements for contact, if any, (including prohibition of contact)in pursuance of section 34 of the Act (parental contact etc for childrenin care).
5. Removal of the child from the placement in the circumstancesspecified in regulation 11.
6. The need to notify the local authority of relevant changes incircumstances of the person with whom the child is placed, including anyintention to change his address, changes in the household in which thechild will live and any serious occurrence involving the child such asinjury or death.
7. The provision of a statement concerning the health of the child, thechild’s need for health care and surveillance, and the child'seducational needs and the local authority’s arrangements to provide forall such needs.
8. Any arrangements for any delegation and exercise of responsibilityfor consent to medical examination or treatment.
9. The need to ensure that any information relating to any child or hisfamily or any other person given in confidence to the person with whomthe child is placed in connection with the placement is keptconfidential and that such information is not disclosed to any personwithout the consent of the local authority.
10. The circumstances in which it is necessary to obtain in advance theapproval of the local authority for the child living, even temporarily,in a household other than the household of the person with whom thechild has been placed.
11. The arrangements for requesting a change in the agreement.
(This note is not part of the Regulations)
These Regulations provide for the accommodation of children in thecare of a local authority with a parent, person who is not a parent buthas parental responsibility and a person in whose favour there was aresidence order immediately before the care order was made.
They make provision for the children to whom the regulations apply(regulation 2); the enquiries and assessment to be made by localauthorities before making decisions to place children in suchaccommodation (regulation 3); the duties of local authorities inrelation to placements in those circumstances (regulation 4); the takingof such decisions by the director of social services or a personnominated by him (regulation 5); immediate placements (regulation 6);the provision of and particulars to be included in agreements betweenlocal authorities and those who are to accommodate the children(regulation 7); notification of placements (regulation 8); support andsupervision of placements by local authorities (regulation 9); theapplication of the regulations to placements which may be made outsideEngland and Wales (regulation 10); the circumstances in which there maybe termination of placements (regulation 11); notification oftermination of placements (regulation 12); and the application of theseRegulations to short-term placements (regulation 13).
1989 c. 41. Section 23 was amended by the insertion of anew subsection (5A) by paragraph 12(2) of Schedule 16 to the Courts andLegal Services Act 1990 (c. 41). Paragraph 14(d) of Schedule 2 to the1989 Act was inserted by paragraph 26 of Schedule 16 to the 1990 Act.
authority is defined in section 105(1) of the Act asthe council of a county, a metropolitan district, a London Borough orthe Common Council of the City of London. Pursuant to section 2 of theLocal Authority Social Services Act 1970 (c. 42), local authorityfunctions under the Children Act 1989 stand referred to the socialservices committee of a local authority.
See the definition of order in section105(1) of the Children Act 1989 and paragraphs 15 and 16 of Schedule 14to that Act.
See Review of Children’s Cases Regulations 1991, S.I.1991/895.