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Children Act 1989

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Children Act 1989, Cross Heading: Regulations as to placing of children with local authority foster parents is up to date with all changes known to be in force on or before 28 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Regulations as to placing of children with local authority foster parentsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 2 paras. 12A-12G substituted (1.9.2009 for E. and otherwise prosp.) for Sch. 2 paras. 12-14 by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4; S.I. 2009/2273, art. 2(2)(b)

12ERegulations under section 22C may, in particular, make provision—E+W

(a)with regard to the welfare of children placed with local authority foster parents;

(b)as to the arrangements to be made by local authorities in connection with the health and education of such children;

(c)as to the records to be kept by local authorities;

(d)for securing that where possible the local authority foster parent with whom a child is to be placed is—

(i)of the same religious persuasion as the child; or

(ii)gives an undertaking that the child will be brought up in that religious persuasion;

(e)for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it.

12F(1)Regulations under section 22C may, in particular, also make provision—E+W

(a)for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed [F2in regulations made by the Secretary of State];

(b)establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the [F3Secretary of State] for a review of that determination by a panel constituted by [F4the Secretary of State].

(2)A determination is a qualifying determination if—

(a)it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and

(b)it is of a prescribed description.

(3)Regulations made by virtue of sub-paragraph (1)(b) may include provision as to—

(a)the duties and powers of a panel;

(b)the administration and procedures of a panel;

(c)the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);

(d)the payment of fees to members of a panel;

(e)the duties of any person in connection with a review conducted under the regulations;

(f)the monitoring of any such reviews.

(4)Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the [F5Secretary of State] such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5)The [F6Secretary of State] must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions.

(6)The [F7Secretary of State] may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf.

(7)If the [F8Secretary of State] makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority.

(8)The arrangement may include provision for payments to be made to the organisation by the [F9Secretary of State].

(9)Payments made by the [F10Secretary of State] in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions.

F11( 10 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)In this paragraph—

  • financial year ” means a period of twelve months ending with 31st March;

  • independent review function ” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);

  • organisation ” includes [F12the Welsh Ministers,] a public body and a private or voluntary organisation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

12GRegulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf.]E+W

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