The Foster Placement (Children) Regulations 1991

PART III RECORDS

Register of foster parents and others with whom a child is placed

12.—(1) A local authority are to enter, in a register kept for the purpose,the particulars specified in paragraph (2) for each foster parent intheir area who is approved under regulation 3 and each person, not beingan approved foster parent, with whom a child is placed pursuant toregulation 11 in their area.

(2) The particulars mentioned in paragraph (1) are—

(a) the name and address of the foster parent (or, where foster parentsare approved jointly, of both foster parents) or other person with whomthe child is placed pursuant to regulation 11;

(b) the date of the approval under regulation 3 or agreement specifiedin regulation 11(3)(b);

(c) the terms of the notice of approval under regulation 3(6)(a) or ofthe agreement specified in regulation 11(3)(b) as for the time being inforce.

Case records for foster parents and others with whom a child isplaced

13.—(1) An approving authority are to compile (if one is not alreadyestablished) and maintain a record for each foster parent whom they haveapproved under regulation 3 and for each person, not being an approvedfoster parent, with whom a child is placed by them pursuant toregulation 11.

(2) Each record compiled under paragraph (1) is to include copies ofeach of the documents specified in paragraph (3) and the informationspecified in paragraph (4).

(3) The documents referred to in paragraph (2) are as the case maybe—

(a) the notice of approval under regulation 3(6)(a);

(b) the agreement under regulation 3(6)(b) and Schedule 2;

(c) any report of review of approval under regulation 4(3);

(d) any notice of termination of approval under regulation 4(3) or(5);

(e) any agreement specified in regulation 11(3)(b).

(4) The information referred to in paragraph (2) is as the case maybe—

(a) a record of each placement with the foster parent or person, notbeing an approved foster parent, with whom a child is placed pursuant toregulation 11, including the name, age and sex of each child placed, thedates on which each placement began and terminated and the circumstancesof the termination;

(b) the information obtained by the approving authority in relation tothe approval of the foster parent and in relation to any review oftermination of the approval;

(c) the information obtained under regulation 11(3).

(5) An approving authority are to compile a record for each prospectivefoster parent to whom notice is given under regulation 3(7) that he isnot approved as a foster parent, the record to include a copy of thenotice and the information, as to the foster parent and his householdand family, obtained by the authority in connection with the question ofapproval.

Retention and confidentiality of records

14.—(1) The record for a foster parent or other person compiled underregulation 13, and any entry relating to him in the register maintainedunder regulation 12, is to be retained for at least 10 years from thedate on which his approval is terminated, or until his death ifearlier.

(2) The requirements of paragraph (1) may be complied with either byretaining the original written record (or a copy of it) or by keepingall the information from the record in some other accessible form (suchas by means of a computer).

(3) The authority or organisation responsible for the maintenance of anyregister or record under regulation 12 or 13 are to secure its safekeeping and to take all necessary steps to ensure that the informationwhich it contains is treated as confidential subject onlyto—

(a) any provision in under or by virtue of a statute under which accessto such register, record or information may be obtained or should begranted;

(b) any court order under which access to such register, record orinformation may be obtained or given.

(4) Each voluntary organisation, where they are not acting as anauthorised person(1), shall provide a guardian ad litem of achild—

(a) such access as may be required to—

(i) case records and registers maintained in accordance with theseRegulations,

(ii) the information from such records or registers held inwhatever form (such as by means of computer);

(b) such copies of the records or entries in the registers as he mayrequire.

(1)

For access by guardian ad litem to local authority andauthorised person’s records see section 42 of the 1989 Act as amended byparagraph 18 of Schedule 16 to the Courts and Legal Services Act 1990(c.41). person is defined in section 31 of the 1989 Act.