The Fostering Services Regulations 2002

Fitness of workers

20.—(1) The fostering service provider shall not—

(a) employ a person to work for the purposes of the fostering service unless that person is fit to work for the purposes of a fostering service; or

(b) allow a person to whom paragraph (2) applies, to work for the purposes of the fostering service unless that person is fit to work for the purposes of a fostering service.

(2) This paragraph applies to any person who is employed by a person other than the fostering service provider in a position in which he may in the course of his duties have regular contact with children placed by the fostering service.

(3) For the purposes of paragraph (1), a person is not fit to work for the purposes of a fostering service unless—

(a) he is of integrity and good character;

(b) he has the qualifications, skills and experience necessary for the work he is to perform;

(c) he is physically and mentally fit for the work he is to perform; and

(d) full and satisfactory information is available in relation to him in respect of the following matters—

(i) except where paragraph (4) applies, each of the matters specified in paragraphs 1 to 6 of Schedule 1;

(ii) where paragraph (4) applies, each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 1.

(4) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 1 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(5) The fostering service provider shall take reasonable steps to ensure that any person working for a fostering service who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.

(6) Subject to regulation 50(7), the fostering service provider shall not employ to work for the purposes of the fostering service in a position to which paragraph (7) applies, a person who is—

(a) a foster parent approved by the fostering service; or

(b) a member of the household of such a foster parent.

(7) This paragraph applies to any management, social work or other professional position, unless in the case of a position which is not a management or a social work position, the work is undertaken on an occasional basis, as a volunteer, or for no more than 5 hours in any week.

(1)

See footnote to regulation 6(4).