Welsh Statutory Instrument 2006 No. 940 (W.89)

The Children (Private Arrangements for Fostering) (Wales) Regulations 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2006 No. 940 (W.89)

CHILDREN AND YOUNG PERSONS, WALES

SOCIAL CARE, WALES

The Children (Private Arrangements for Fostering) (Wales) Regulations 2006

	Made	28 March 2006
	Coming into force	1 April 2006

ARRANGEMENT OF REGULATIONS

1.	Title, commencement and application

2.	Interpretation

3.	Notification of proposal to privately foster a child

4.	Action to be taken by local authority on receipt of notification of proposal to privately foster a child

5.	Notification by person already privately fostering a child

6.	Notification of a child going to live with private foster carer

7.	Action to be taken by local authority on receipt of notification about a child being privately fostered

8.	Subsequent visits to children who are being privately fostered

9.	Notification of change of circumstances

10.	Notification of the end of a private fostering arrangement

11.	Form of notifications

12.	Monitoring the discharge of functions under Part 9 of the Act

13.	Revocation and transitional provision

The National Assembly for Wales, in exercise of the powers conferred on it by section 67(2), (2A), (6) and section 104(4) of, and paragraph 7 of Schedule 8 to, the Children Act 1989[1] and of all other powers enabling it in that behalf, hereby makes the following Regulations—

Title, commencement and application
    1.—(1) The title of these Regulations is the Children (Private Arrangements for Fostering) (Wales) Regulations 2006.

    (2) These Regulations come into force on 1 April 2006.

    (3) These Regulations apply in relation to Wales.

Interpretation
    2.In these Regulations,

"the Act" ("y Ddeddf") means the Children Act 1989;

"appropriate local authority" ("awdurdod lleol priodol") means—

(i) the local authority within whose area the child is being privately fostered; or

(ii) in the case of a proposal to privately foster a child, the local authority within whose area it is proposed that the child will be privately fostered;

"private foster carer" ("gofalydd maeth preifat") means a person who fosters a child privately; and

"working day" ("diwrnod gwaith") means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971.

Notification of proposal to privately foster a child
    3.—(1) A person who proposes to privately foster a child must notify the appropriate local authority of the proposal—

(a) at least six weeks before the private fostering arrangement is to begin; or

(b) where the private fostering arrangement is to begin within six weeks, immediately.

    (2) Any person who is involved (whether or not directly) in arranging for a child to be privately fostered must notify the appropriate local authority of the arrangement as soon as possible after the arrangement has been made.

    (3) A parent of a child, and a person who is not a parent but who has parental responsibility for the child, who is not involved (whether or not directly) in arranging for the child to be privately fostered but who knows that it is proposed that the child should be privately fostered must notify the appropriate local authority of the proposal as soon as possible after becoming aware of the arrangement.

    (4) Notification given under paragraphs (1) to (3) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.

Action to be taken by local authority on receipt of notification of proposal to privately foster a child
    4.—(1) Where a local authority have received notification under regulation 3 they must, for the purposes of discharging their duty under s.67(1) of the Act (welfare of privately fostered children), arrange for an officer of the authority within seven working days to—

(a) visit the premises where it is proposed that the child will be cared for and accommodated;

(b) visit and speak to the proposed private foster carer and to all members of the household;

(c) visit and speak to the child, alone unless the officer considers it inappropriate;

(d) speak to and, if it is practicable to do so, visit every parent of, or person with parental responsibility for the child; and

(e) establish such matters listed in Schedule 2 as appear to the officer to be relevant.

    (2) Having completed the functions under paragraph (1) the officer must make a written report to the local authority.

Notification by person already privately fostering a child
    5.—(1) A person who is privately fostering a child and has not given notification to the appropriate local authority in accordance with regulation 3 must notify the appropriate local authority immediately.

    (2) Notification given under paragraph (1) must contain such of the information specified in Schedule 1 as the person giving the notification is able to provide.

Notification of a child going to live with private foster carer
    6.—(1) A person who has given notification under regulation 3(1) must, within 48 hours of the start of the arrangement, notify the appropriate local authority of the fact.

    (2) A parent of a child, and any other person who has parental responsibility for the child, who has given notification under regulation 3(2) or 3(3) must within 48 hours of the child's going to live with a private foster carer, notify the appropriate local authority of the fact.

Action to be taken by local authority on receipt of notification about a child being privately fostered
    7.Where a local authority have received notification under regulation 5 or 6 they must for the purposes of discharging their functions under section 67(1) of the Act, arrange for an officer of the authority within seven working days to—

(a) visit the premises where the child is being cared for and accommodated;

(b) visit and speak to the private foster carer and to all members of the private foster carer's household;

(c) visit and speak to the child, alone unless the officer considers it inappropriate;

(d) speak to and, if it is practicable to do so, visit every parent of, or person with parental responsibility for the child; and

(e) establish such matters listed in Schedule 3 as appear to the officer to be relevant.

    (2) Having completed the functions under paragraph (1) the officer must make a written report to the local authority.

Subsequent visits to children who are being privately fostered
    8.—(1) Each local authority must arrange for an officer of the authority to visit every child who is being privately fostered in their area—

(a) in the first year of the private fostering arrangement, at intervals of not more than six weeks; and

(b) in any second or subsequent year, at intervals of not more than 12 weeks.

    (2) In addition to visits carried out in accordance with paragraph (1) the local authority must arrange for every child who is privately fostered in their area to be visited by an officer when reasonably requested to do so by the child, the private foster carer, a parent of the child or any other person with parental responsibility for the child.

    (3) When carrying out a visit under this regulation the officer must speak to the child alone unless the officer considers it inappropriate.

    (4) When carrying out a visit under this regulation the officer must establish such matters listed in Schedule 3 as appear to the officer to be relevant.

    (5) The officer must make a written report to the local authority after each visit carried out in accordance with this regulation.

    (6) For the purposes of this regulation, the private fostering arrangement is deemed to begin when the local authority become aware of it.

Notification of change of circumstances
    9.—(1) A private foster carer must notify the appropriate local authority of—

(a) any change in his or her address;

(b) any person who ceases to be part of, or employed at, his or her household;

(c) any further offence of which the private foster carer or a person who is part of or employed at his or her household has been convicted;

(d) any further disqualification imposed on him or her or a person who is part of, or employed at, his or her household under section 68 of the Act; and

(e) any person who begins to be part of or employed at the private foster carer's household, and any offence of which that person has been convicted, and any disqualification or prohibition imposed on him or her under section 68 or 69 of the Act or under any previous enactment of either of those sections.

    (2) A notification under paragraph (1) must be given—

(a) in advance if practicable;

(b) in any other case, not more than 48 hours after the change of circumstances.

    (3) If the private foster carer's new address is in the area of another local authority, or of a local authority in England, Scotland or Northern Ireland, the authority to whom the notification is given under this regulation must pass on to the authority for the area—

(a) the name and new address of the private foster carer;

(b) the name of the child who is being privately fostered; and

(c) the name and address of the child's parents or any other person who has parental responsibility for the child.

    (4) The parent of a privately fostered child, and any other person who has parental responsibility for the child, who knows that the child is being privately fostered, must notify the appropriate local authority of any change to that person's own address.

Notification of the end of a private fostering arrangement
    10.—(1) Subject to paragraphs (2) and (3), any person who has been privately fostering a child, but has ceased to do so must notify the appropriate local authority within 48 hours and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.

    (2) Where a person has been privately fostering a child but has ceased to do so because of the death of the child that person must in the notification indicate that that is the reason.

    (3) Paragraph (1) will not apply where the private foster carer intends to resume the private fostering arrangement after an interval of not more than 27 days but if—

(a) the private foster carer subsequently abandons his or her intention; or

(b) the interval expires without the private foster carer having given effect to his or her intention,

the private foster carer must notify the local authority within 48 hours of abandoning his or her intention or, as the case may be, the expiry of the interval.

    (4) Any parent of a privately fostered child, and any other person who has parental responsibility for the child, who has given notification to the local authority under regulation 3(2) or (3) must notify the appropriate local authority of the ending of the private fostering arrangement and must include in the notification the name and address of the person into whose care the child was received and that person's relationship with the child.

Form of notifications
    11.Any notification required under these Regulations must be given in writing and may be sent by post.

Monitoring the discharge of functions under Part 9 of the Act
    12.Each local authority must monitor the way in which they discharge their functions under Part 9 of the Act and must appoint an officer of the authority for that purpose.

Revocation and transitional provision
    13.The Children (Private Arrangements for Fostering) Regulations 1991[2] in so far as they apply to Wales are revoked, save that any notification given under those Regulations before the coming into force of these Regulations will be treated as if it had been given under these Regulations.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].


D. Elis-Thomas
The Presiding Officer of the National Assembly

28 March 2006

SCHEDULE 1Regulations 3 and 5


INFORMATION TO BE PROVIDED IN NOTIFICATION

    1.The information referred to in regulations 3(4) and 5(2) is—

(a) the name, sex, date and place of birth, religious persuasion, racial origin and cultural and linguistic background of the child;

(b) the name and current address of the person giving the notice and any previous addresses of that person within the previous five years;

(c) the name and current address of the proposed or current foster carer and his or her addresses within the previous five years;

(d) the intended duration of the private fostering arrangement;

(e) the name and current address of the parents of the child and of any other person who has parental responsibility for the child and (if different) of any person from whom the child is to be, or was, received;

(f) the name and current address of the minor siblings of the child, and details of the arrangements for their care;

(g) the name and current address of any person, other than a person specified in sub-paragraph (e), who is or was involved (whether or not directly) in arranging for the child to be privately fostered; and

(h) the date on which it is intended that the private fostering arrangement will start, or on which it did start.

    2.In the case of a person giving notice under regulation 3(1) or 5(1) the information referred to in regulations 3(4) and 5(2) also includes—

(a) any offence of which he or she has been convicted;

(b) any disqualification or prohibition imposed on him or her under section 68 or 69 of the Act or under any previous enactment of either of those sections;

(c) any such conviction, disqualification or prohibition imposed on any other person living in or employed at the same household;

(d) any order of a kind specified in regulations under section 68 of the Act, made at any time with respect to him or her;

(e) any order, of a kind specified in regulations under section 68 of the Act, made at any time with respect to a child who has been in his or her care; and

(f) any rights or power with respect to a child who is or has been in his or her care that have been at any time vested in an authority specified in regulations under section 68 of the Act under an enactment specified in those regulations.

SCHEDULE 2Regulation 4


WELFARE OF CHILDREN WHO ARE TO BE PRIVATELY FOSTERED

    1.The matters referred to in regulation 4(1)(e) are—

(a) that the intended duration of the arrangement is understood by and agreed between—


(i) the parent of the child or any other person with parental responsibility for the child; and

(ii) the proposed private foster carer;



(b) the wishes and feelings of the child about the proposed arrangement (considered in the light of the child's age and understanding);

(c) the suitability of the proposed accommodation;

(d) the capacity of the proposed private foster carer to look after the child;

(e) the suitability of other members of the proposed private foster carer's household;

(f) that arrangements for contact between the child and the child's parents, any other persons with parental responsibility for the child, and other persons who are significant to the child, have been agreed and understood and that those arrangements will be satisfactory for the child;

(g) that the parents or other persons with parental responsibility for the child and the proposed private foster carer have agreed financial arrangements for the care and maintenance of the child;

(h) that consideration has been given, and necessary steps taken, to make arrangements for the medical, dental and optical care and treatment of the child;

(i) that consideration has been given to, and necessary steps taken, to make arrangements for the child's education;

(j) how decisions about the care of the child will be taken; and

(k) whether the proposed private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child are being given such advice as seems to the authority to be needed.

SCHEDULE 3Regulations 7 and 8


WELFARE OF CHILDREN WHO ARE PRIVATELY FOSTERED

    1.The matters referred to in regulations 7(1)(e) and 8(4) are—

(a) that the intended duration of the fostering arrangement are understood and agreed between—


(i) the parents of the child or any other person with parental responsibility for the child; and

(ii) the private foster carer;



(b) the wishes and feelings of the child about the arrangement (considered in the light of the child's age and understanding);

(c) the child's physical, intellectual, emotional, social and behavioural development is appropriate and satisfactory;

(d) that the child's needs arising from the their religious persuasion, racial origin, and cultural and linguistic background are being met;

(e) that the financial arrangements for the care and maintenance of the child are working;

(f) the capacity of the private foster carer to look after the child;

(g) the suitability of the accommodation;

(h) that arrangements for the care of the child's medical, dental and optical care and treatment are in place and, in particular, that the child is included on the list of a person who provides primary medical services pursuant to Part 1 of the National Health Service Act 1977;

(i) the arrangements for the child's education;

(j) the standard of the care which the child is being given;

(k) the suitability of members of the private foster carer's household;

(l) whether the private foster carer, the parents of the child, any other person with parental responsibility for the child, or any other person concerned with the child is being given such advice as appears to the authority to be needed;

(m) how decisions about the child's care are being taken; and

(n) whether the contact between the child and the child's parents, or any other person with whom contact has been arranged, is satisfactory for the child.

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations revoke and replace the Children (Private Arrangements for Fostering) Regulations 1991 in relation to Wales, save that any notification given under those Regulations will be treated as if it had been given under these Regulations. This is following amendments to the private fostering notification scheme made by section 44 of the Children Act 2004.

Regulation 3 requires any person proposing to privately foster a child, any person involved (whether directly or not) in arranging for the child to be privately fostered, and a parent of the child or other person with parental responsibility for the child who knows that it is proposed to privately foster the child, to notify the local authority in advance of the arrangement starting. Notification by the proposed private foster carer has to be given at least six weeks before the private fostering arrangement is to begin, or where the arrangement is to begin within six weeks then immediately. Others required to give notification under regulation 3 must do so as soon as possible after the arrangement has been made, or as soon as possible after they become aware of the arrangement.

The notification should contain such of the information set out in Schedule 1 as the person giving the notification is able to provide.

Having received a notification the local authority then have to arrange for an officer of the authority to visit the place where the child will live and speak to the proposed private foster carer, members of his or her household, the child and others (regulation 4) and establish such matters as are listed in Schedule 2 as appear to the officer to be relevant. The officer then has to make a written report to the authority.

Regulation 5 sets out the requirement to notify the local authority of the arrangement where notification under regulation 3 has not been given. Regulation 6 sets out the requirement to notify the local authority when a private fostering arrangement of which they have been notified under regulation 3 actually starts. Having received notification under either regulation 5 or 6, the local authority must arrange for an officer to carry out visits and establish such matters listed in Schedule 3 as appear to the officer to be relevant (regulation 7).

Regulation 8 is concerned with local authority visits to the child once the private fostering arrangement has started. It provides for when the visits should take place and what the officer of the authority should do when carrying out a visit. After each visit the officer is required to make a written report to the local authority.

Private foster carers are required to notify the local authority of certain changes in circumstances, such as a change of address or when someone leaves or joins their household. If the private foster carer moves to the area of another local authority then certain information is required to be passed to the local authority for the new area by the local authority for the old. The parent of a privately fostered child, or other person with parental responsibility for the child, who knows that the child is being privately fostered must notify the local authority of a change of their address (regulation 9).

Regulation 10 is concerned with notification of the end of the arrangement. A person who has been privately fostering a child must notify the local authority within 48 hours of ceasing to privately foster the child, and if the reason for the ending of the arrangement is that the child has died then the person must tell the local authority that that is the reason.

All notifications given under these Regulations must be in writing (regulation 11).

Regulation 12 requires local authorities to monitor the way in which they discharge their functions in respect of privately fostered children and to appoint an officer of the local authority for that purpose.

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Notes:

[1] 1989 c.41. Functions of the Secretary of State under the 1989 Act are made exercisable by the National Assembly for Wales by virtue of the inclusion of the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999 (S.I.1999/672) (see article 2(a) of the 1999 Order and section 22(1) of the Government of Wales Act 1998 (c.38)).back

[2] S.I.1991/2050.back

[3] 1998 c.38.back

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