The Fostering Services Regulations 2002

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Statement of purpose and children’s guide

   4. 4. Review of statement of purpose and children’s guide

3. PART II REGISTERED PERSONS AND MANAGEMENT OF LOCAL AUTHORITY FOSTERING SERVICE

   1. 5. Fostering agency—fitness of provider

   2. 6. Fostering agency—appointment of manager

   3. 7. Fostering agency—fitness of manager

   4. 8. Registered person—general requirements

   5. 9. Notification of offences

   6. 10. Local authority fostering service—manager

4. PART III CONDUCT OF FOSTERING SERVICES

   1. 11. Independent fostering agencies—duty to secure welfare

   2. 12. Arrangements for the protection of children

   3. 13. Behaviour management and absence from foster parent’s home

   4. 14. Duty to promote contact

   5. 15. Health of children placed with foster parents

   6. 16. Education, employment and leisure activities

   7. 17. Support, training and information for foster parents

   8. 18. Independent fostering agencies—complaints and representations

   9. 19. Staffing of fostering service

   10. 20. Fitness of workers

   11. 21. Employment of staff

   12. 22. Records with respect to fostering services

   13. 23. Fitness of premises

5. PART IV APPROVAL OF FOSTER PARENTS

   1. 24. Establishment of fostering panel

   2. 25. Meetings of fostering panel

   3. 26. Functions of fostering panel

   4. 27. Assessment of prospective foster parents

   5. 28. Approval of foster parents

   6. 29. Reviews and terminations of approval

   7. 30. Case records relating to foster parents and others

   8. 31. Register of foster parents

   9. 32. Retention and confidentiality of records

6. PART V PLACEMENTS

   1. 33. General duty of responsible authority

   2. 34. Making of placements

   3. 35. Supervision of placements

   4. 36. Termination of placements

   5. 37. Short-term placements

   6. 38. Emergency and immediate placements by local authorities

   7. 39. Placements outside England

   8. 40. Independent fostering agencies—discharge of local authority functions

7. PART VI LOCAL AUTHORITY VISITS

   1. 41. Local authority visits to children placed by voluntary organisations

8. PART VII FOSTERING AGENCIES—MISCELLANEOUS

   1. 42. Review of quality of care

   2. 43. Notifiable events

   3. 44. Financial position

   4. 45. Notice of absence

   5. 46. Notice of changes

   6. 47. Appointment of liquidators etc.

   7. 48. Offences

   8. 49. Compliance with regulations

9. PART VIII MISCELLANEOUS

   1. 50. Transitional provisions

   2. 51. Revocation

10. Signature

11. 1. SCHEDULE 1

       INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK FOR THE PURPOSES OF A FOSTERING SERVICE

       1. 1. Positive proof of identity including a recent photograph.

       2. 2. Either— (a) where the certificate is required for a purpose...

       3. 3. Two written references, including a reference from the person’s most...

       4. 4. Where a person has previously worked in a position whose...

       5. 5. Documentary evidence of any relevant qualification.

       6. 6. A full employment history, together with a satisfactory written explanation...

       7. 7. Details of any criminal offences— (a) of which the person...

    2. SCHEDULE 2

       RECORDS TO BE KEPT BY FOSTERING SERVICE PROVIDERS

       1. 1. A record in the form of a register showing in...

       2. 2. A record showing in respect of each person working for...

       3. 3. A record of all accidents occurring to children whilst placed...

    3. SCHEDULE 3

       INFORMATION AS TO PROSPECTIVE FOSTER PARENT AND OTHER MEMBERS OF HIS HOUSEHOLD AND FAMILY

       1. 1. His full name, address and date of birth.

       2. 2. Details of his health (supported by a medical report), personality,...

       3. 3. Particulars of any other adult members of his household.

       4. 4. Particulars of the children in his family, whether or not...

       5. 5. Particulars of his accommodation.

       6. 6. His religious persuasion, and his capacity to care for a...

       7. 7. His racial origin, his cultural and linguistic background and his...

       8. 8. His past and present employment or occupation, his standard of...

       9. 9. His previous experience (if any) of caring for his own...

       10. 10. His skills, competence and potential relevant to his capacity to...

       11. 11. The outcome of any request or application made by him...

       12. 12. The names and addresses of two persons who will provide...

       13. 13. In relation to the prospective foster parent, either—

    4. SCHEDULE 4

       OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 27(7)(b)

       1. 1. Offences in Scotland

       2. 2. An offence specified in Schedule 1 to the Criminal Procedure...

       3. 3. An offence of plagium (theft of a child below the...

       4. 4. Section 52 or 52A of the Civic Government (Scotland) Act...

       5. 5. An offence under section 3 of the Sexual Offences (Amendment)...

       6. 6. Offences in Northern Ireland

       7. 7. An offence specified in Schedule 1 to the Children and...

       8. 8. An offence under Article 3 of the Protection of Children...

       9. 9. An offence contrary to Article 9 of the Criminal Justice...

       10. 10. An offence contrary to Article 15 of the Criminal Justice...

       11. 11. An offence under section 3 of the Sexual Offences (Amendment)...

    5. SCHEDULE 5

       MATTERS AND OBLIGATIONS IN FOSTER CARE AGREEMENTS

       1. 1. The terms of the foster parent’s approval.

       2. 2. The amount of support and training to be given to...

       3. 3. The procedure for the review of approval of a foster...

       4. 4. The procedure in connection with the placement of children and...

       5. 5. The arrangements for meeting any legal liabilities of the foster...

       6. 6. The procedure available to foster parents for making representations.

       7. 7. To give written notice to the fostering service provider forthwith,...

       8. 8. Not to administer corporal punishment to any child placed with...

       9. 9. To ensure that any information relating to a child placed...

       10. 10. To comply with the terms of any foster placement agreement....

       11. 11. To care for any child placed with him as if...

       12. 12. To comply with the policies and procedures of the fostering...

       13. 13. To co-operate as reasonably required with the Commission and in...

       14. 14. To keep the fostering service provider informed about the child’s...

       15. 15. To allow any child placed with him to be removed...

    6. SCHEDULE 6

       MATTERS AND OBLIGATIONS IN FOSTER PLACEMENT AGREEMENTS

       1. 1. A statement by the responsible authority containing all the information...

       2. 2. The responsible authority’s arrangements for the financial support of the...

       3. 3. The arrangements for giving consent to the medical or dental...

       4. 4. The circumstances in which it is necessary to obtain in...

       5. 5. The arrangements for visits to the child by the person...

       6. 6. The arrangements for the child to have contact with his...

       7. 7. Compliance by the foster parent with the terms of the...

       8. 8. Co-operation by the foster parent with the responsible authority regarding...

    7. SCHEDULE 7

       MATTERS TO BE MONITORIED BY THE REGISTERED PERSON

       1. 1. Compliance in relation to each child placed with foster parents,...

       2. 2. All accidents, injuries and illnesses of children placed with foster...

       3. 3. Complaints in relation to children placed with foster parents and...

       4. 4. Any allegations or suspicions of abuse in respect of children...

       5. 5. Recruitment records and conduct of required checks of new workers....

       6. 6. Notifications of events listed in Schedule 8.

       7. 7. Any unauthorised absence from the foster home of a child...

       8. 8. Use of any measures of control, restraint or discipline in...

       9. 9. Medication, medical treatment and first aid administered to any child...

       10. 10. Where applicable, the standard of any education provided by the...

       11. 11. Records of assessments.

       12. 12. Records of fostering panel meetings.

       13. 13. Duty rosters of persons working for the fostering agency, as...

       14. 14. Records of appraisals of employees.

       15. 15. Minutes of staff meetings.

    8. SCHEDULE 8

       EVENTS AND NOTIFICATIONS

12. Explanatory Note