The Fostering Services Regulations 2002

Independent fostering agencies—discharge of local authority functions

40.—(1) A local authority may make arrangements in accordance with this regulation for the duties imposed on it as a responsible authority by regulations 34, 35, 36(1) and 37 and where paragraph (3) applies, 33(b) to be discharged on its behalf by a registered person.

(2) Subject to paragraph (3), no arrangements may be made under this regulation in respect of a particular child, unless a local authority has performed its duties under regulation 33 in relation to that child.

(3) Where a local authority makes arrangements with a registered person for the registered person to provide foster parents for the purposes of a short-term placement within the meaning of regulation 37(1), the local authority may also make arrangements for the registered person to perform the local authority’s duty under regulation 33(b) in relation to that placement on its behalf.

(4) No arrangements may be made under this regulation unless a local authority has entered into a written agreement with the registered person which sets out—

(a) which of its duties the local authority proposes to delegate in accordance with this regulation;

(b) the services to be provided to the local authority by the registered person;

(c) the arrangements for the selection by the local authority of particular foster parents from those approved by the registered person;

(d) a requirement for the registered person to submit reports to the local authority on any placement as may be required by the authority, and in particular following any visit carried out under regulation 35; and

(e) the arrangements for the termination of the agreement.

(5) Where a local authority proposes to make an arrangement under this regulation in respect of a particular child the local authority shall enter into an agreement with the registered person in respect of that child which sets out—

(a) details of the particular foster parent with whom the child is to be placed;

(b) details of any services the child is to receive;

(c) the terms (including as to payment) of the proposed foster placement agreement;

(d) the arrangements for record keeping about the child, and for the return of records at the end of the placement;

(e) a requirement for the registered person to notify the local authority immediately in the event of any concerns about the placement; and

(f) whether and on what basis other children may be placed with the foster parent.

(6) A foster parent with whom a child is placed in accordance with arrangements made under this regulation is, in relation to that placement, to be treated for the purposes of paragraph 12(d) of Schedule 2 to the 1989 Act as a local authority foster parent.

(7) A local authority shall report to the Commission any concerns it may have about the services provided by a registered person.

(8) In this regulation “registered person” means a person who is the registered person in respect of an independent fostering agency.