The Children (Private Arrangements for Fostering) Regulations 2005

Regulations 3 and 5

SCHEDULE 1 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 sub-paragraph (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.

Regulation 4

SCHEDULE 2 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.

Regulations 7 and 8

SCHEDULE 3 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(1);

(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.

(1)

1977 c. 49; section 16CC (inserted by section 174 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) imposes a duty on primary care trusts to provide or secure provision of primary medical services.