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The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

Status:

This is the original version (as it was originally made).

Regulation 30(2) and (3)

SCHEDULE 1

PART 1Information and documentation to be available in respect of persons working in fostering services

1.  Proof of identity including a recent photograph.

2.  Where required for the purposes of an exempted question in accordance with section 113A(2)(b) of the Police Act 1997(1), a copy of a valid criminal record certificate issued under section 113A of that Act together with, after the appointed day and where applicable, the information mentioned in section 30A(3) of the Safeguarding Vulnerable Groups Act 2006(2) (provision of barring information on request).

3.  Where required for the purposes of an exempted question asked for a prescribed purpose under section 113B(2)(b) of the Police Act 1997, a copy of a valid enhanced criminal record certificate issued under section 113B of that Act together with, where applicable, suitability information relating to children (within the meaning of section 113BA(2) of that Act) or suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act).

4.  Two written references, including a reference from the last employer, if any.

5.  Where a person has previously worked in a position whose duties involved work with children or vulnerable adults, so far as reasonably practicable verification of the reason why the employment or position ended.

6.  Documentary evidence of any relevant qualification.

7.  Where relevant, documentary evidence of registration with SCW.

8.  A full employment history, together with a satisfactory written explanation of any gaps in employment.

9.  Details of registration with or membership of any professional body.

PART 2Interpretation of Part 1

10.  For the purposes of paragraphs 2 and 3 of Part 1 of this Schedule—

(a)if the person to whom the certificate relates is not registered with the DBS update service, a certificate is only valid if—

(i)it has been issued in response to an application by the service provider in accordance with regulation 30(3) or (6), and

(ii)no more than three years have elapsed since the certificate was issued;

(b)if the person to whom the certificate relates is registered with the DBS update service, the certificate is valid regardless of when it was issued.

Regulations 2 and 39

SCHEDULE 2Records to be kept by service providers

1.  A record showing in respect of each child placed with foster parents—

(a)the date of the child’s placement;

(b)the child’s care and support plan;

(c)the foster care agreement in respect of the child;

(d)the name and address of the foster parents;

(e)the date on which the child ceased to be placed there;

(f)the child’s address prior to placement;

(g)the child’s address on leaving the placement;

(h)the child’s local authority;

(i)the statutory provision under which the child is or was provided with foster care.

2.  A record of all persons working for the service provider, which must include in respect of a person falling within regulation 30(1) the following matters—

(a)full name and home address;

(b)date of birth;

(c)sex;

(d)qualifications relevant to, and experience of, work involving children;

(e)copy of birth certificate and passport (if any) in respect of the person;

(f)copy of each reference obtained in respect of the person;

(g)whether the person is employed by the service provider under a contract of service, a contract for services, or otherwise than under a contract, or is employed by someone other than the service provider;

(h)whether the person works full-time or part-time, and, if part-time, the average number of hours worked per week;

(i)the dates on which the person commences and ceases to be so employed;

(j)the position the person holds in the service;

(k)records of disciplinary action and any other records in relation to the person’s employment; and

(l)a record of the date of the person’s latest DBS certificate and whether there was any action taken as a result of the content of the certificate.

3.  A record of all serious accidents and injuries occurring to children whilst placed with foster parents.

4.  A record of all complaints made under the complaints policy put in place by the service provider, and the action taken by the service provider in respect of any such complaints.

5.  Date and circumstances of any safeguarding referrals, and the outcome.

6.  Date and circumstances of any incident of control or restraint used by foster parents on a child.

Regulation 40

SCHEDULE 3Notifications by the service provider

PART 1Notifications to the Welsh Ministers

1.  Any revision to the statement of purpose, 28 days prior to the revised statement of purpose coming into effect.

2.  Service provider (individual or organisation) changes their name.

3.  Where the service provider is a company, any change in the directors of the company.

4.  Where the service provider is an individual, the appointment of a trustee in bankruptcy in relation to that individual.

5.  Where the service provider is a body corporate or partnership, the appointment of a receiver, receiver manager, liquidator or provisional liquidator in relation to that company or partnership.

6.  Where the service provider is a partnership, death of one of the partners.

7.  Where the service provider is a partnership, any change in the partners.

8.  Expected absence of the responsible individual for 28 days or more, 7 days prior to the commencement of the absence.

9.  Unexpected absence of the responsible individual, no later than 7 days after the commencement of the absence.

10.  Unexpected absence of the responsible individual for 28 days or more, where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence.

11.  Return from absence of the responsible individual.

12.  The responsible individual ceases, or proposes to cease, being the responsible individual for the service.

13.  Any abuse or allegation of abuse in relation to a child that involves the service provider, a member of staff, a volunteer and/or a foster parent.

14.  Service provider, responsible individual or appointed manager convicted of criminal offence.

15.  Any allegation of misconduct by a member of staff.

16.  Serious accident or injury of a child placed with foster parents.

17.  Any incident which is reported to the police relating to a child placed with foster parents.

18.  Death of a child placed with foster parents.

19.  Any referral to the Disclosure and Barring Service pursuant to the Safeguarding Vulnerable Groups Act 2006.

20.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents.

21.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation.

22.  Any proposed change to the address of the principal office, 28 days prior to the change taking place.

PART 2Notifications to the placing authority

23.  Death of a child placed with foster parents.

24.  Any referral to the Disclosure and Barring Service pursuant to the Safeguarding Vulnerable Groups Act 2006.

25.  Serious accident or injury of a child placed with foster parents.

26.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified.

27.  Allegation that a child placed with foster parents has committed a serious offence.

28.  Any incident which is reported to the police relating to a child placed with foster parents.

29.  Any incident of a child placed with foster parents being absent without permission.

30.  Any serious complaint or allegation about any foster parents approved by the service provider.

31.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents.

32.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation.

PART 3Notifications to the area authority in whose area the foster home is situated

33.  Death of a child placed with foster parents.

34.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified.

35.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation.

36.  Instigation and outcome of any child protection enquiry involving a child placed with foster parents.

37.  Any incident which is reported to the police relating to a child placed with foster parents.

PART 4Notifications to the Local Health Board in whose area the child is placed

38.  The death of a child placed with foster parents.

39.  Outbreak at the home of foster parents of any infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious to be so notified.

PART 5Notifications to the police

40.  Allegation that a child placed with foster parents has committed a serious offence.

41.  Any incident of child sexual or criminal exploitation or any suspected child sexual or criminal exploitation.

Regulation 67(1)

SCHEDULE 4Notifications by the responsible individual

1.  The appointment of a manager (see regulation 50(1)).

2.  The expected absence of the appointed manager for 28 days or more, 7 days prior to the commencement of the absence.

3.  The unexpected absence of the appointed manager, no later than 7 days after the commencement of the absence.

4.  The unexpected absence of appointed manager for 28 days or more where no prior notification has been given, immediately on the expiry of 28 days following the commencement of the absence.

5.  Return from absence of appointed manager.

6.  Interim arrangements where the manager is absent for longer than 28 days.

7.  Someone other than the appointed manager is proposing to manage or is managing the service.

8.  The appointed manager ceases, or proposes to cease, managing the service.

(2)

2006 c. 47. Sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 as originally enacted are to be replaced by new sections 30A and 30B as a result of substitutions made by section 72(1) of the Protection of Freedoms Act 2012. Section 72(1) is to be commenced on a day to be appointed.

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