The Care Planning, Placement and Case Review (England) Regulations 2010

CHAPTER 2 E+W Placement with local authority foster parents

Interpretation E+W

21.—(1) In this Chapter “ registered person” has the same meaning as in [F1 the Fostering Services Regulations].

(2) Where C is placed jointly with two persons each of whom is approved as a local authority foster parent, any reference in these Regulations to a local authority foster parent is to be interpreted as referring equally to both such persons and any requirement to be satisfied by or relating to a particular local authority foster parent must be satisfied by, or treated as relating to, both of them.

Textual Amendments

F1 Words in reg. 21(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(iii) (with reg. 45)

Conditions to be complied with before placing a child with a local authority foster parent E+W

22.—(1) This regulation applies where the responsible authority propose to place C with F.

(2) The responsible authority may only place C with F if—

(a) F is approved by—

(i) the responsible authority, or

(ii) provided that the conditions specified in paragraph (3) are also satisfied, another fostering service provider,

(b) the terms of F's approval are consistent with the proposed placement, and

(c) F has entered into a foster care agreement either with the responsible authority or with another fostering service provider in accordance with regulation [F2 27(5)(b) of the Fostering Services Regulations].

(3) The conditions referred to in paragraph (2)(a)(ii) are that—

(a) the fostering service provider by whom F is approved consents to the proposed placement, and

(b) where any other local authority currently have a child placed with F, that local authority consents to the proposed placement.

Textual Amendments

F2 Words in reg. 22(2)(c) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(4) (with reg. 45)

[F3 Placement following consideration in accordance with section 22C(9B)(c) of the Act E+W

22A.— (1) This regulation applies where the responsible authority decides to place C in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of the 1989 Act.

(2) [F4 The decision to place C must not be put into effect until it has been approved by a nominated officer, and the responsible authority have prepared a placement plan for C.]

(3) [F5 Before approving a decision under paragraph (2), the nominated officer must—] [F5 Before making a placement under paragraph (1), the responsible authority must—]

(a) be satisfied that the placement is the most appropriate placement available for C and will safeguard and promote C’s welfare;

(b) be satisfied that the requirements of regulation 9(1)(b) have been complied with; and

(c) if their whereabouts are known to the responsible authority, notify the parent or guardian of C of the proposed placement.]

Textual Amendments

F3 Reg. 22A inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 11

F4 Reg. 22A(2) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(8)(a) (with Pts. 12, 13)

F5 Words in reg. 22A(3) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(8)(b) (with Pts. 12, 13)

[F6 Conditions to be complied with before placing C in a long term foster placement E+W

22B.— (1) This regulation applies where the responsible authority propose to place C with F in a long term foster placement.

(2) The responsible authority may only place C with F if—

(a) [F7 the responsible authority have prepared a placement plan for C,]

(b) the requirements of regulation 9(1)(b)(i) have been complied with,

(c) the placement will safeguard and promote C’s welfare,

(d) the IRO has been consulted,

(e) C’s relatives have been consulted, where appropriate, and

(f) F intends to act as C’s foster parent until C ceases to be looked after.]

Textual Amendments

F6 Reg. 22B inserted (1.4.2015) by The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/495), regs. 1, 4

F7 Reg. 22B(2)(a) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(9) (with Pts. 12, 13)

Emergency placement with a local authority foster parent E+W

23.—(1) Where it is necessary to place C in an emergency, the responsible authority may place C with any local authority foster parent who has been approved in accordance with [F8 the Fostering Services Regulations], even if the terms of that approval are not consistent with the placement, provided that the placement is for no longer than [F9 six working days] [F9 twenty four weeks].

(2) When the period of [F9 six working days] [F9 twenty four weeks] referred to in paragraph (1) expires, the responsible authority must terminate the placement unless the terms of that person's approval have been amended to be consistent with the placement.

Textual Amendments

F8 Words in reg. 23(1) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(iv) (with reg. 45)

F9 Words in reg. 23 substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(10) (with Pts. 12, 13)

[F10 Temporary approval of relative, friend or other person connected with C] [F10 Temporary approval] E+W

24.— [F11 (1) Where the responsible authority is satisfied that—

(a) the most appropriate placement for C is with a connected person, notwithstanding that the connected person is not approved as a local authority foster parent, and

(b) it is necessary for C to be placed with the connected person before the connected person's suitability to be a local authority foster parent has been assessed in accordance with [F12 the Fostering Services Regulations],

they may approve that person as a local authority foster parent for a temporary period not exceeding 16 weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2).]

[F11 (1)  Where the responsible authority is satisfied that the most appropriate placement for C is with a person who has not yet been approved as a local authority foster parent they may approve that person as a local authority foster parent for a temporary period not exceeding 24 weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2).]

(2) Before making a placement under paragraph (1), the responsible authority must—

(a) assess the suitability of the [F13 connected] person to care for C, including the suitability of—

(i) the proposed accommodation, and

(ii) all other persons aged 18 and over who are members of the household in which it is proposed that C will live,

taking into account all the matters set out in Schedule 4,

(b) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C's welfare and meet C's needs set out in the care plan, and

(c) make immediate arrangements for the suitability of the [F13 connected] person to be a local authority foster parent to be assessed in accordance with [F14 the Fostering Services Regulations] (“the full assessment process”) before the temporary approval expires.

(3) [F15 In this regulation “connected person” means a relative, friend or other person connected with C.]

Textual Amendments

F10 Reg. 24 heading substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(a) (with Pts. 12, 13)

F11 Reg. 24(1) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(a) (with Pts. 12, 13)

F12 Words in reg. 24(1)(b) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(v) (with reg. 45)

F13 Words in reg. 24(2) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(b) (with Pts. 12, 13)

F14 Words in reg. 24(2)(c) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(v) (with reg. 45)

F15 Reg. 24(3) omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(11)(c) (with Pts. 12, 13)

Expiry of temporary approval E+W

25.—(1) Subject to paragraph (4), the responsible authority may extend the temporary approval of a [F16 connected] person if—

(a) it is likely to expire before the full assessment process is completed, or

(b) the [F16 connected] person, having undergone the full assessment process, is not approved and seeks a review of the decision in accordance with Regulations made under paragraph 12F(1)(b) of Schedule 2 to the 1989 Act M1 .

(2) In a case falling within paragraph (1)(a), the responsible authority may extend the temporary approval once for a further period of up to eight weeks.

(3) In a case falling within paragraph (1)(b), the responsible authority may extend the temporary approval until the outcome of the review is known.

(4) Before deciding whether to extend the temporary approval in the circumstances set out in paragraph (1), the responsible authority must first—

(a) consider whether placement with the [F16 connected] person is still the most appropriate placement available,

(b) seek the views of the fostering panel established by the fostering service provider in accordance with [F17 the Fostering Services Regulations], and

(c) inform the IRO.

(5) A decision to extend temporary approval must be approved by a nominated officer.

(6) If the period of temporary approval and of any extension to that period expires and the [F16 connected] person has not been approved as a local authority foster parent in accordance with [F18 the Fostering Services Regulations], the responsible authority must terminate the placement after first making other arrangements for C's accommodation.

Textual Amendments

F16 Words in reg. 25 omitted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(12) (with Pts. 12, 13)

F17 Words in reg. 25(4)(b) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(vi) (with reg. 45)

F18 Words in reg. 25(6) substituted (1.4.2011) by The Fostering Services (England) Regulations 2011 (S.I. 2011/581), regs. 1(1), 43(3)(vi) (with reg. 45)

Marginal Citations

M1 See the Independent Review of Determinations (Adoptions and Fostering) Regulations 2009 (S.I. 2009/395).

[F19 Temporary approval of prospective adopter as foster parent E+W

25A.— (1) Where the responsible authority is satisfied that—

(a) the most appropriate placement for C is with a person who is not approved as a local authority foster parent, but who is an approved prospective adopter, and

(b) it is in C’s best interests to be placed with that person,

the responsible authority may approve that person as a local authority foster parent in relation to C for a temporary period (“temporary approval period”) provided that the responsible authority first comply with the requirements of paragraph (2).

(2) Before approving an approved prospective adopter as a local authority foster parent under paragraph (1), the responsible authority must—

(a) assess the suitability of that person to care for C as a foster parent, and

(b) consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan.

(3) The temporary approval period expires—

(a) on C’s placement with the approved prospective adopter being terminated by the responsible authority,

(b) on the approved prospective adopter’s approval as a prospective adopter being terminated,

(c) on the approved prospective adopter being approved as a foster parent in accordance with the Fostering Services Regulations,

(d) if the approved prospective adopter gives written notice to the responsible authority that they no longer wish to be temporarily approved as a foster parent in relation to C, with effect from 28 days from the date on which the notice is received by the responsible authority, or

(e) on C being placed for adoption with the approved prospective adopter in accordance with the Adoption and Children Act 2002.

(4) In this regulation “approved prospective adopter” means a person who has been approved as suitable to adopt a child under the Adoption Agencies Regulations 2005 and whose approval has not been terminated.]

Textual Amendments

F19 Reg. 25A inserted (1.7.2013) by The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/984), regs. 1, 3

Independent fostering agencies – discharge of responsible authority functions E+W

26.—(1) A responsible authority may make arrangements in accordance with this regulation for the duties imposed on it as responsible authority by regulation 14(3) and regulation 22 to be discharged on their behalf by a registered person.

(2) No arrangements may be made under this regulation unless the responsible authority has entered into a written agreement with the registered person which includes the information set out in paragraph 1 of Schedule 5, and where the responsible authority proposes to make an arrangement under this regulation in relation to a particular child, the written agreement must also include the matters set out in paragraph 2 of Schedule 5.

(3) The responsible authority must report to the Chief Inspector of Education, Children's Services and Skills any concerns they may have about the services provided by a registered person.