Search Legislation

The Looked After Children (Scotland) Regulations 2009

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II CARE PLANNING

    1. 3.Information to be obtained by the local authority in respect of a child to be or being looked after by them

    2. 4.Assessment

    3. 5.Child’s plan

  4. PART III GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN

    1. 6.Death of a looked after child

    2. 7.Recommendations by local authority to Principal Reporter

  5. PART IV LOOKED AFTER CHILDREN CARED FOR BY PARENTS

    1. 8.Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities

    2. 9.Notification of occurrences involving the child

  6. PART V KINSHIP CARE

    1. 10.Kinship carers

    2. 11.Placement of child with kinship carer

    3. 12.Agreement with kinship carers

    4. 13.Notification of placement with kinship carer

    5. 14.Short-term placements in kinship care

    6. 15.Establishment of case records for kinship carers

    7. 16.Retention and confidentiality of case records for kinship carers

  7. PART VI FOSTERING PANELS

    1. 17.Appointment and composition of fostering panels

    2. 18.Meetings of the fostering panel

    3. 19.Appointment of medical and legal advisers

    4. 20.Functions of the fostering panel

  8. PART VII FOSTERING

    1. 21.Foster carers

    2. 22.Approval of foster carers

    3. 23.Derivative approval of foster carers

    4. 24.Agreements with foster carers

    5. 25.Reviews and termination of approval

    6. 26.Review of approval: further provision

    7. 27.Placement of child with foster carer

    8. 28.Death or absence of the foster carer: continuation of placement

    9. 29.Notification of placement with foster carer

    10. 30.Short-term placements with foster carers

    11. 31.Establishment of case records for foster carers

    12. 32.Retention and confidentiality of case records for foster carers

  9. PART VIII FOSTERING AND KINSHIP CARE ALLOWANCES

    1. 33.Fostering and kinship care allowances

  10. PART IX LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

    1. 34.Child placed in a residential establishment: notification

    2. 35.Child placed in residential establishment: information to be supplied

  11. PART X EMERGENCY MEASURES

    1. 36.Emergency placement with carer

    2. 37.Emergency placement in residential establishment

    3. 38.Review of emergency placement under regulation 36

    4. 39.Extension of emergency placement

    5. 40.Notification of an extended emergency placement

    6. 41.Review of emergency placement under regulation 37

  12. PART XI CASE RECORDS

    1. 42.Establishment of case records for looked after children

    2. 43.Retention and confidentiality of records

  13. PART XII REVIEW OF CHILD'S CASE

    1. 44.Review of child’s case: child cared for by parents or persons with parental responsibilities and parental rights

    2. 45.Review of the child’s case: child placed with kinship carer, foster carer or in a residential establishment

    3. 46.Local authority visits: child in placement

    4. 47.Termination of placement

  14. PART XIII ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

    1. 48.Arrangements with registered fostering services

    2. 49.Visits by local authorities

  15. PART XIV TRANSITIONAL AND SAVINGS PROVISION

    1. 50.Cases in progress under the Arrangements to Look After Children Regulations or the Fostering Regulations

    2. 51.Fostering allowances

  16. PART XV MISCELLANEOUS

    1. 52.Revocation

  17. Signature

    1. SCHEDULE 1

      INFORMATION RELATING TO THE CHILD

      1. 1.Name, sex, date and place of birth and present address...

      2. 2.Nationality, race, religion and language.

      3. 3.Physical description.

      4. 4.Present legal status of the child, including any statutory responsibility...

      5. 5.Why consideration is to be given to the child being...

      6. 6.Previous history of involvement of the child with any local...

      7. 7.Details of any brothers and sisters, including their dates of...

      8. 8.The extent of contact with members of the child’s family...

      9. 9.The child’s health history, current state of health and development...

      10. 10.The child’s education history and current arrangements for provision of...

      11. 11.Personality and social development.

      12. 12.Interests and recreational activities.

    2. SCHEDULE 2

      MATTERS TO BE SPECIFIED IN THE CHILD'S PLAN

      1. PART I MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY

        1. 1.The local authority’s immediate and longer-term plans for the child....

        2. 2.Details of any services to be provided to meet the...

        3. 3.The respective responsibilities of– (a) the local authority;

      2. PART II MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY

        1. 4.The type of accommodation to be provided and its address...

        2. 5.The contribution the child’s parents or any other person will...

        3. 6.The arrangements for involving those persons and the child in...

        4. 7.The arrangements for contact between the child and any of...

        5. 8.The expected duration of arrangements and the steps which should...

    3. SCHEDULE 3

      INFORMATION AS TO PROSPECTIVE FOSTER CARER OR KINSHIP CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY

      1. 1.Full name, date of birth, health (supported by a medical...

      2. 2.Particulars of the other adult members of the household and...

      3. 3.Particulars of the children in the family, whether or not...

      4. 4.Address and particulars of the prospective foster or kinship carer’s...

      5. 5.Religious persuasion, degree of religious observance and capacity to care...

      6. 6.Racial origin, cultural and linguistic background and capacity to care...

      7. 7.Past and present employment or occupation, and standard of living....

      8. 8.Leisure activities and interests.

      9. 9.Present capacity to care for the prospective foster or kinship...

      10. 10.Details of any criminal offences of which the person has...

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

      12. 12.Particulars of any previous approval under regulation 22(3) or 23,...

      13. 13.An analysis of the motivation of the prospective foster or...

      14. 14.References from third parties as to the character of the...

    4. SCHEDULE 4

      MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER AND KINSHIP PLACEMENT AGREEMENTS

      1. 1.The provision by the local authority of a statement containing...

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

      3. 3.Any arrangements for delegation of parental responsibility for consent to...

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

      5. 5.The arrangements for visits to the child, in connection with...

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

      7. 7.Compliance by the foster or kinship carer with the terms...

      8. 8.Co operation by the foster or kinship carer with any...

    5. SCHEDULE 5

      MATTERS AND OBLIGATIONS IN KINSHIP CARER AGREEMENTS

      1. 1.The support and training to be given to the kinship...

      2. 2.The procedure for the review of the child’s placement with...

      3. 3.The procedure for placement with the kinship carer and in...

      4. 4.The kinship carer’s obligation to give written notice to the...

      5. 5.The kinship carer’s obligation– (a) not to administer corporal punishment...

    6. SCHEDULE 6

      MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS

      1. 1.The support and training to be given to the foster...

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

      3. 3.The procedure for handling of complaints against foster carers.

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

      5. 5.The foster carer’s obligation to give written notice to the...

      6. 6.The foster carer’s obligation– (a) not to administer corporal punishment...

    7. SCHEDULE 7

      ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

      1. PART I MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

        1. 1.The duties the local authority propose to delegate to the...

        2. 2.The services to be provided to the local authority by...

        3. 3.The arrangements for the selection by the local authority of...

        4. 4.The requirements for the registered fostering service to submit reports...

        5. 5.The arrangements for the termination of the agreement.

      2. PART II MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD

        1. 6.Details of the foster carer with whom the child is...

        2. 7.Details of any services the child is to receive.

        3. 8.The terms of the proposed foster agreement and foster placement....

  18. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources