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The Fostering Services (Wales) Regulations 2003

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Reviews and terminations of approval

29.—(1) The fostering service provider must review the approval of each foster parent in accordance with this regulation.

(2) A review must take place not more than a year after approval and thereafter whenever the fostering service provider considers it necessary, but at intervals of not more than a year.

(3) When undertaking a review the fostering service provider must—

(a)make such enquiries and obtain such information as it considers necessary in order to review the approval so as to determine whether the person continues to be suitable to act as a foster parent and the person’s household continues to be suitable; and

(b)seek and take into account, the views of—

(i)the foster parent;

(ii)(subject to the child’s age and understanding) any child placed with the foster parent; and

(iii)any responsible authority which has within the preceding year placed a child with the foster parent.

(4) At the conclusion of the review the fostering service provider must prepare a written report, setting out whether—

(a) the person continues to be suitable to act as a foster parent and the person’s household continues to be suitable; and

(b)the terms of the person’s approval continue to be appropriate.

(5) The fostering service provider must on the occasion of the first review under this regulation, and may on any subsequent review, refer its report to the fostering panel for consideration.

(6) If the fostering service provider decides, taking into account any recommendation made by the fostering panel, that the foster parent and the foster parent’s household continue to be suitable and that the terms of the foster parent’s approval continue to be appropriate, it must give written notice to the foster parent of its decision.

(7) If, taking into account any recommendation made by the fostering panel, the fostering service provider is no longer satisfied that the foster parent and the foster parent’s household continue to be suitable, or that the terms of the approval are appropriate, it must—

(a)give written notice to the foster parent that it proposes to terminate the approval or to revise the terms of the approval as the case may be, together with its reasons; and

(b)invite the foster parent to submit any written representations within 28 days of the date of the notice.

(8) If the fostering service provider does not receive any representations within the period referred to in paragraph (7)(b), it may proceed to make its decision.

(9) If the fostering service provider receives any written representations within the period referred to in paragraph (7)(b), it must—

(a)refer the case to the fostering panel for its consideration; and

(b)make its decision, taking into account any recommendation made by the fostering panel.

(10) As soon as practicable after making the decision referred to in paragraph (8) or (9)(b), the fostering service provider must give written notice to the foster parent specifying as the case may be—

(a)that the foster parent and the foster parent’s household continue to be suitable and that the terms of the approval continue to be appropriate;

(b)that the approval is terminated from a specified date, and the reasons for the termination; or

(c)the revised terms of the approval and the reasons for the revision.

(11) A foster parent may give notice in writing to the fostering service provider at any time that the foster parent no longer wishes to act as a foster parent whereupon the foster parent’s approval is terminated 28 days from the date of receipt of the notice.

(12) A copy of any notice given under this regulation must be sent to the responsible authority for any child placed with the foster parent (unless the responsible authority is also the fostering service provider), and the area authority.

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