- Latest available (Revised)
- Original (As made)
The Looked After Children (Scotland) Regulations 2009
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are currently no known outstanding effects for the The Looked After Children (Scotland) Regulations 2009, Section 4.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
AssessmentS
This section has no associated Executive Note
4.—(1) The local authority must make an assessment of–
(a)the child's immediate needs and how those needs can be met;
(b)the child's long term needs and how those needs can be met;
(c)proposals for safeguarding and promoting the child's welfare;
(d)proposals for making sustainable and long term arrangements for the care of the child;
(e)the nature of the services proposed for the child in the immediate and long term with particular regard to the information specified in Schedule 1;
(f)alternative courses of action including the possibility of making an arrangement in accordance with regulation 8 or approving a person as a kinship carer;
(g)whether the local authority should seek a change in the child's legal status;
(h)the arrangements which require to be made for the time when the child will no longer be looked after by the local authority;
(i)the existing health arrangements for the child and whether there is a need to change such arrangements taking into account the information specified in paragraph 9 of Schedule 1;
(j)having regard to the information specified in paragraph 10 of Schedule 1, the child's educational needs, the proposals for meeting those needs, and the proposals for achieving continuity in the child's education;
(k)the child's religious persuasion and the need for the child to continue to be brought up in accordance with their religious persuasion; and
(l)any other matter relating to the welfare of the child either in the immediate or long term as appears to the local authority to be relevant.
(2) In making an assessment under paragraph (1) the local authority must, where appropriate, seek and take into account the views of–
(a)the child, taking account of their age and maturity;
(b)the child's parents;
(c)any person with parental responsibilities or parental rights in respect of the child; F1...
[F2(ca)any sibling of the child; and]
(d)any other person as the authority considers appropriate.
(3) Where the local authority are considering placing the child with a kinship carer in accordance with regulation 11 or a foster carer in accordance with regulation 27 they must, in addition to the assessment at paragraph (1) make an assessment of the contact arrangements with the child's parents, their family [F3including any sibling of the child], any person with parental responsibilities or parental rights and any other specified person and whether such arrangements should be changed.
(4) Where the local authority are considering placing a child in a residential establishment they must, in addition to the assessment at paragraph (1), carry out the assessment specified in paragraph (3) and make an assessment of whether that particular placement is appropriate for the child's needs taking into account the residential establishment's statement of functions and objectives.
F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In paragraph (3) “specified person” means any person who is specified as having contact with the child in any court order or any order granted by a children's hearing.
Textual Amendments
F1Word in reg. 4(2)(c) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(a)(i)
F2Reg. 4(2)(ca) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(a)(ii)
F3Words in reg. 4(3) inserted (26.7.2021) by The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(b)
F4Reg. 4(5) omitted (26.7.2021) by virtue of The Looked After Children (Scotland) Amendment Regulations 2021 (S.S.I. 2021/103), regs. 1(3), 3(3)(c)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
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
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.