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The Looked After Children (Scotland) Regulations 2009

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Child placed in a residential establishment: notification

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34.—(1) Where a local authority place a child who is looked after by them in terms of section 17(6) of the 1995 Act in a residential establishment they must, as soon as reasonably practicable, provide notification of the placement to–

(a)the local authority for the area in which the residential establishment is located if different from the authority making the placement;

(b)the Health Board which provides services in the area in which the residential establishment is located;

(c)each parent of the child; and

(d)any person with any parental responsibilities or parental rights in relation to the child.

(2) The requirement under paragraph (1)(c) does not apply in respect of any parent or person with parental responsibilities or parental rights who has already received a written copy of the child’s care plan under regulation 5.

(3) Notification under paragraph (1)(c) and (d) must not be given to a person–

(a)where the local authority are of the view that, taking into account their duties under section 17 of the 1995 Act, it would not be in the child’s interests for notification to be given to that particular person;

(b)where a permanence order, a supervision requirement or an order or warrant granted under Part II of the 1995 Act specifies that the place at which the child is to reside must not be disclosed to that particular person.

(4) In this regulation “notification” means notification in writing and shall include particulars of the placement.

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