Amendment of the Looked After Children (Scotland) Regulations 2009: Fostering placement limit2.

(1)

The Looked After Children (Scotland) Regulations 20093 are amended as follows.

(2)

In regulation 20(2)(c) (functions of the foster panel) after “time” insert “, subject to the placement limit set out in regulation 27A.”.

(3)

In regulation 22(5)(d) (approval of foster carers) after “time” insert “, subject to the placement limit set out in regulation 27A.”.

(4)

In regulation 27(1) (placement of child with foster carer) after sub-paragraph (b) insert—

“; or

(c)

the placement would result in the placement limit set out in regulation 27A being exceeded.”.

(5)

After regulation 27 insert—

“Placement limit27A.

(1)

Subject to paragraph (2) a local authority must not place a child with a foster carer where the placement would result in more than 3 children being placed with that foster carer at any one time.

(2)

The limit in paragraph (1) does not apply—

(a)

when a group of more than 3 siblings are being placed by a local authority; or

(b)

when an emergency placement of a child with a foster carer in accordance with regulation 36 or a short–term placement of less than 4 weeks would result in more than 3 children being placed with that foster carer.”.