Search Legislation

The Local Authority Fostering Services (Wales) Regulations 2018

Status:

This is the original version (as it was originally made).

PART 2General requirements for local authority providers

Requirements in relation to the provision of the local authority fostering service

3.  The local authority provider must ensure that the service is provided with sufficient care, competence and skill, having regard to the statement of purpose.

Content of statement of purpose

4.  The local authority provider must prepare a statement of purpose which contains the information listed in Schedule 1.

Requirements in relation to statement of purpose

5.—(1) The local authority provider must provide the service in accordance with the statement of purpose.

(2) The local authority provider must—

(a)keep the statement of purpose under review, and

(b)where appropriate, revise the statement of purpose.

(3) The local authority provider must give notice to the persons listed in paragraph (4) of any revision to be made to the statement of purpose at least 28 days before it is to take effect.

(4) The persons who must be given notice of any revision to the statement of purpose in accordance with paragraph (3) are—

(a)the Welsh Ministers,

(b)any child placed by the local authority provider, unless it would not be appropriate to do so having regard to the child’s age and understanding,

(c)the parents of any such child,

(d)foster parents and prospective foster parents,

(e)persons working for the purposes of the local authority fostering service.

(5) The local authority provider must provide the up to date statement of purpose to any person on request, unless it is not appropriate to do so or would be inconsistent with the well-being of a child.

Requirements in relation to monitoring and improvement

6.—(1) The local authority provider must ensure that there are effective arrangements in place for monitoring, reviewing and improving the quality of the service.

(2) Those arrangements must include arrangements for seeking the views of—

(a)any child placed by the local authority provider,

(b)the parents of any such child, unless this is inappropriate or inconsistent with the child’s well-being,

(c)foster parents,

(d)persons working for the purposes of the local authority fostering service, and

(e)any area authority,

on the quality of the service.

(3) When making any decisions on plans for improvement of the quality of the service, the local authority provider must take into account the views of those persons consulted in accordance with paragraph (2).

Requirement to appoint a local authority manager

7.—(1) The local authority provider must appoint one of its officers to be responsible for the management of the service.

(2) The local authority provider must immediately give notice in writing to the Welsh Ministers—

(a)of the name of the person appointed as manager,

(b)of the date on which the appointment is to take effect,

(c)if the person appointed as manager ceases to manage the local authority fostering service.

Fitness requirements for appointment of manager

8.—(1) The local authority provider must not appoint a person to manage the service unless that person is fit to do so.

(2) For the purposes of paragraph (1), a person is not fit to manage the service unless the requirements of regulation 29(2) (fitness of staff) are met in respect of that person.

Other requirements in relation to the manager

9.—(1) The local authority provider must ensure that the person who is appointed as the manager—

(a)is supported to carry out their duties effectively, and

(b)undertakes appropriate training.

(2) The local authority provider must ensure that the manager complies with the requirements of Part 11 (duties of local authority managers).

(3) In the event that the local authority provider has reason to believe that the manager has not complied with a requirement imposed by the regulations in Part 11, the provider must take such action as is necessary to ensure that the requirement is complied with.

(4) The local authority provider must put suitable arrangements in place to ensure that the service is managed effectively at any time when there is no manager appointed or when the manager is absent from the service.

Requirement to provide the service in accordance with policies and procedures

10.—(1) The local authority provider must ensure that the following policies and procedures are in place for the service—

(a)safeguarding (see regulation 20),

(b)appropriate use of control or restraint (see regulation 21),

(c)bullying (see regulation 24),

(d)absence (see regulation 25),

(e)medication (see regulation 26 (access to health services)),

(f)supporting and developing staff (see regulation 30),

(g)staff discipline (see regulation 32),

(h)complaints (see regulation 39),

(i)whistleblowing (see regulation 40),

(j)support for foster parents on how to help children manage their money (see regulation 45).

(2) The local authority provider must also have such other policies and procedures in place as are reasonably necessary to support the aims and objectives of the service set out in the statement of purpose.

(3) The local authority provider must ensure that the content of the policies and procedures which are required to be in place by virtue of paragraphs (1) and (2) is—

(a)appropriate to the needs of children for whom care and support is provided,

(b)consistent with the statement of purpose, and

(c)kept up to date.

(4) The local authority provider must put arrangements in place to ensure that the service is provided in accordance with its policies and procedures.

(5) The local authority provider must ensure that the content of the policies and procedures which are required to be in place under paragraph (1)(a), (b), (c) and (h) takes into account the needs of any other children who may be affected by the placement being made.

Duty of candour

11.  The local authority provider must act in an open and honest way with—

(a)any child placed by it,

(b)the parents of any such child,

(c)foster parents and prospective foster parents,

(d)any area authority,

(e)in the case of a child who is placed with an area authority, that area authority.

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. The revised version is currently only available in English.

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

Original (As Enacted or Made) - Welsh:The original Welsh language 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

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