The Fostering Panels and Care Planning (Miscellaneous Amendments) (Wales) Regulations 2026

Welsh Statutory Instruments

2026 No. 16

children and young persons, wales

SOCIAL CARE, WALES

The Fostering Panels and Care Planning (Miscellaneous Amendments) (Wales) Regulations 2026

Made

23 January 2026

Coming into force

1 April 2026

The Welsh Ministers, in exercise of the powers conferred by sections 87, 93(1)(a), 94A(1)(a) and (b), 97(4)(a), 97(5), 100(1)(b) and (d), 100(2)(a), 102(1) and (2) and 196(1) and (2) of the Social Services and Well-being (Wales) Act 2014(1), make the following Regulations.

Title and coming into force

1.—(1) The title of these Regulations is the Fostering Panels and Care Planning (Miscellaneous Amendments) (Wales) Regulations 2026.

(2) These Regulations come into force on 1 April 2026.

Interpretation

2.  In these Regulations—

“the 2015 Regulations” (“Rheoliadau 2015”) means the Care Planning, Placement and Case Review (Wales) Regulations 2015(2);

“the 2018 Regulations” (“Rheoliadau 2018”) means the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018(3).

Amendments to the 2015 Regulations

3.—(1) The 2015 Regulations are amended as follows.

(2) In regulation 31 (frequency of visits), for paragraph (2)(c) substitute—

“(c) thereafter—

(i) where the placement is made in accordance with section 81(6)(a) of the 2014 Act, at a frequency to be determined by the responsible authority following consultation with the IRO, F, P and C that must be at intervals of not more than 6 months,

(ii) where the placement is not made in accordance with section 81(6)(a) but is intended to last until C is 18, at intervals of not more than 3 months, and

(iii) in any other case, at intervals of not more than 6 weeks.”

(3) In regulation 39 (timing of reviews)—

(a) in paragraph (2)—

(i) in the English language text, after “carried” in the first place it occurs insert “out”;

(ii) omit—

“, and subsequent reviews must be carried out at intervals of no more than 6 months”;

(b) after paragraph (2) insert—

“(2A) Subsequent reviews must be carried out at intervals of not more than 6 months, except where the placement is made in accordance with section 81(6)(a) of the 2014 Act.

(2B) Where the placement is made in accordance with section 81(6)(a) of the 2014 Act, the frequency of reviews must be determined by the responsible authority following consultation with the IRO, F, P and C, and the reviews must be at intervals of not more than 12 months.”;

(c) in paragraph (3), for “or (2)” substitute “, (2), (2A) or (2B)”;

(d) in paragraph (4), for “or (2)” substitute “, (2), (2A) or (2B)”.

Amendments to the 2018 Regulations

4.—(1) The 2018 Regulations are amended as follows.

(2) In regulation 2 (interpretation)—

(a) at the beginning insert “(1)”;

(b) at the end of the regulation insert the following paragraph—

“(2) In these Regulations, references to members of a person’s household include any person living in the household whether under a placement or other arrangements with the local authority.”

(3) In regulation 7 (assessment of prospective foster parents)—

(a) in paragraph (2)(a) omit “and family”;

(b) for paragraph (2)(e) (but not the “and” after it) substitute—

“(e) must, where the person was approved as a foster parent by another fostering services provider or by a fostering services provider in England and consents to the sharing of their information, request access to the following if prepared by that other fostering services provider—

(i) the report prepared under paragraph (5)(c),

(ii) the report of the most recent review of approval prepared under regulation 9(4),

(iii) any records under regulation 20(4)(d) of the Local Authority Fostering Services (Wales) Regulations 2018,

(iv) any records under regulation 21(4)(d) of the Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019,

(v) the report prepared under regulation 26(2)(c) of the 2011 Regulations,

(vi) the report of the most recent review of approval prepared under regulation 28(4) of the 2011 Regulations,

(vii) any records under paragraph 4 of Schedule 6 to the 2011 Regulations, and

(viii) any other records that may be relevant to the person’s suitability to be a foster parent,”;

(c) after paragraph (2) insert—

“(2A) In this regulation “the 2011 Regulations” means the Fostering Services (England) Regulations 2011.

(2B) Where a fostering services provider makes a request to another fostering services provider or a fostering services provider in England for a reference under paragraph (2)(b) or for records under paragraph (2)(e), the request must be made in writing.”;

(d) for paragraph (5)(a) substitute—

“(a) obtain the information relating to the person and other members of the person’s household specified in—

(i) Part 3 of Schedule 1 where the person is a relative, friend or other person connected with the child, or

(ii) Part 2 of Schedule 1 in all other cases,”;

(e) after paragraph (5)(a) insert—

“(aa) obtain any other information the fostering services provider considers to be relevant,”;

(f) in paragraph (5)(b) omit “for any child”;

(g) in paragraph (6), after “paragraph (5)(a)” insert “and (aa)”;

(h) in paragraph (11)—

(i) omit “(or children)”;

(ii) omit “(or those children)”;

(iii) for sub-paragraph (a) (but not the “or” after it) substitute—

“(a) the person is a relative, friend or other person connected with the child,”;

(i) omit paragraph (12).

(4) After regulation 10 (information to be sent to the independent review panel) insert—

Information Sharing

10A.— (1) This regulation applies where a fostering services provider receives a request for information made under regulation 7(2)(b) (a request for a reference) or (e) (a request for records).

(2) Upon receipt of a request for information under regulation 7(2)(b) or (e) the fostering services provider must—

(a) provide the information in so far as they are not prohibited from doing so by any enactment or other rule of law,

(b) provide the information within 15 working days, and

(c) provide the information at no cost to the requesting fostering services provider.”

(5) In Schedule 1 (information as to prospective foster parents and other members of their household and family)—

(a) in the heading omit “and family”;

(b) in the reference note for “, (5) and (12)” substitute “and (5)”;

(c) in paragraph 8, in the English language text, for “addressed” substitute “addresses”;

(d) after Part 2 insert—

PART 3

18.   Details of personality, religious persuasion, racial origin, cultural and linguistic background.

19.   Details of any current or previous involvement with the local authority.

20.   Details of family dynamics, including relationships within the household, with extended family and other connected persons.

21.   Skill, competence and potential relevant to their capacity to provide suitable care for the named child and to meet their current and likely future needs.

22.   Capacity to protect and promote the safety and well-being of the named child in the context of the family dynamics and current or previous local authority involvement.

23.   Current lifestyle and commitments, including past and present employment or occupation, accommodation, leisure activities, interests and caring responsibilities relevant to their capacity to effectively care for the named child.

24.   Details of any support or intervention necessary to effectively care for the named child or mitigate any identified risks.

25.   Ability to co-operate with the provision of any support or intervention identified as necessary.”

Dawn Bowden

Minister for Children and Social Care, under authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

23 January 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care Planning, Placement and Case Review (Wales) Regulations 2015 (“the 2015 Regulations”) and the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 (“the 2018 Regulations”).

The 2015 Regulations make provision about care planning for looked after children, and other associated matters.

The 2018 Regulations impose requirements on fostering services providers in relation to the establishment and functions of fostering panels, and in relation to the assessment of prospective foster carers.

Regulation 3 amends the 2015 Regulations to make changes in relation to the placement of children with connected persons under section 81(6)(a) of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

Regulation 3(2) amends regulation 31 of the 2015 Regulations by providing for the frequency of visits to these placements to be at intervals of not more than 6 months.

Regulation 3(3) amends regulation 39 of the 2015 Regulations by providing for the frequency of reviews of these placements to be at intervals of not more than 12 months.

Regulation 4 amends the 2018 Regulations.

Regulation 4(2) amends regulation 2 of the 2018 Regulations to provide that references to members of a person’s household include any person living in the household whether under a placement or other arrangement with the local authority.

Regulation 4(3) amends regulation 7 of the 2018 Regulations to change the requirements for the assessment of prospective foster carers.

Regulation 4(4) adds a new regulation 10A to the 2018 Regulations to make provision for information sharing between fostering services providers.

Regulation 4(5) makes provision for amendments to Schedule 1 to the 2018 Regulations. The amendments include provision for a new Part 3 of Schedule 1 that sets out the information to be provided when assessing a prospective foster carer who is a relative, friend or other person connected with the child.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Health, Social Care and Early Years Group, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2014 anaw 4. See section 197(1) for the definitions of “regulations” and “specified”.

(2)

S.I. 2015/1818 (W. 261), amended by S.I. 2018/48 (W. 15); there are other amending instruments but none is relevant to these Regulations.

(3)

S.I. 2018/1333 (W. 260), to which there are amendments not relevant to these Regulations.