The Care Planning, Placement and Case Review (Wales) Regulations 2015

Temporary approval of a relative, friend or other person connected with C E+W

26.—(1) Where the responsible authority is satisfied that—

(a) the most appropriate placement for C is with a connected person, notwithstanding that the connected person is not approved as a local authority foster parent, and

(b) it is necessary for C to be placed with the connected person before the connected person's suitability to be a local authority foster parent has been assessed in accordance with the Fostering Regulations or the Fostering Services (England) Regulations 2011,

it may approve that person as a local authority foster parent for a temporary period not exceeding [F1 24 weeks] (“temporary approval”) provided that it first complies with the requirements of paragraph (2).

(2) Before making a placement under paragraph (1), the responsible authority must—

(a) assess the suitability of the connected person to care for C, including the suitability of—

(i) the proposed accommodation, and

(ii) all other persons aged 18 and over who are members of the household in which it is proposed that C will live,

taking account all the matters set out in Schedule 5,

(b) provide such services to support the connected person as appear to the responsible authority to be necessary to safeguard and promote C's well-being and it must record details of such services and support in C's care and support plan,

(c) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C's well-being and meet C's needs set out in the care and support plan,

(d) unless sub-paragraph (e) applies, make immediate arrangements for the suitability of the connected person to be a local authority foster parent to be assessed in accordance with the Fostering Regulations (“the full assessment process”) before the temporary approval expires,

(e) where the connected person is or will be seeking to be assessed as suitable to be a local authority foster parent under the Fostering Services (England) Regulations 2011, the responsible authority may request the cooperation of the fostering service provider which is undertaking the assessment to complete the process before the temporary approval expires, and

(f) make a written agreement with the connected person to the effect that the connected person agrees to—

(i) care for C as if C were a member of the connected person's family,

(ii) permit any person authorised by the responsible authority to visit C,

(iii) permit the removal of C from the placement at any time,

(iv) ensure that all information relating to C and to C's family is kept confidential, and

(v) honour contact arrangements made in accordance with any order of the court or made by the responsible authority.

Textual Amendments

F1 Words in reg. 26(1) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 8 (with reg. 9) (as amended (30.3.2021) by The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/251), regs. 1(2), 2(2))