THE ADOPTION AND CHILDREN (CORONAVIRUS) (AMENDMENT) REGULATIONS 2020

Statutory instrument 445 Changes to legal protections for children

Briefing for Secondary Legislation Scrutiny Committee

Statutory instrument 445 makes around 100 changes in all to 10 sets of children’s social care regulations. Within this, we identify 65 separate removals or dilutions of children’s legal protections (numbered below).

General concerns

We are deeply concerned that the Department for Education has made around 100 changes to 10 sets of children’s social care regulations without any public consultation or Parliamentary scrutiny. No evidence or rationale has been produced for individual changes.

The Explanatory Memorandum to the Regulations states that it was not possible to comply with the rule which requires relevant instruments to be laid before Parliament for at least 21 days prior to coming into force because “children’s social care resources are already stretched as a result of staffing shortages and an increased demand for services”. The Department for Education also claims to have “consulted informally with the sector who have asked for these changes to be in force as a matter of urgency”. However, organisations said to have been consulted have publicly refuted this on social media – among them the Local Government Association, the Association of Directors of Children’s Services and the Principal Children and Families Social Worker Network.

Many of the changes directly interfere with the human rights of very vulnerable children.

The Memorandum’s section on Impact makes no reference to the actual impact on children and outlines that a proper impact assessment has not been prepared because “the changes are temporary”.

A statement has not been made about the compatibility of SI 445 with the UK’s human rights obligations, because it is subject to the negative resolution procedure. We have a copy of the Department for Education’s unpublished ‘final’ child rights impact assessment (dated 15 April – eight days before the SI was laid before Parliament). This does not address key protections afforded to children through the Human Rights Act or review the changes against all relevant provisions of the UN Convention on the Rights of the Child. Only the treaty’s general principles are considered. The assessment describes the changes as “low risk” and “relatively small scale”. We strongly reject these assertions.

The Department for Education has sought (unsuccessfully) to impose several of the most significant changes before – through ‘exemption clauses’ in the Children and Social Work Bill 2016/17 and a so- called ‘myth busting’ guide in 2018/19. A review of foster care carried out for the department,

1 published in 2018, similarly made recommendations to remove vital safeguards (which were not evidenced by the review itself).

The expiry date of SI 445 has been tied to the review process of the Coronavirus Act 2020, which permits all or none of the legislation to be extended. There is no duty in the SI to consult affected children, young people and families, or professionals and other interest groups. We therefore fear the review process for this SI will be insufficient to protect the rights of children. Moreover, when the Children’s Minister was before the Education Select Committee, on 22 April, the day after she had signed the SI (though before it was published), she indicated the changes could become permanent. That exchange (Question 24) is reproduced below (and it is important to note that the Local Government Association supported the exemption clauses in 2016/17):

David Simmonds MP (a former Deputy Chair of the Local Government Association): Minister, coming back to this point about statutory duties, a review by the Department has found that some of statutory duties are leading to local authorities having to undertake activities that are not useful or purposeful, in particular, some of the reviews that are required under the statutory duties—help by foster carers, prospective adopters, the children in the care system—are found not to have improved their experience. Is the Department learning, and will it learn, from the suspension of any of those statutory duties, to see where it has exposed the fact that they were not leading to purposeful activity, with a view to dispensing with those statutory duties and freeing people up to do more useful things in future? Vicky Ford MP (Minister): That is exactly the point, David, about why we are laying in place the statutory instrument in order to implement flexibility on certain statutory duties. We are focused on giving that flexibility on the lower risk areas in order to make sure that the experts on the ground can be focused on what they need to do now. It does need to be done in a risk assessed way. I signed the statutory instrument last night and it will be coming before Parliament as a new statutory instrument and that will do exactly what we need, which is having worked with directors of children’s service to identify where they need this flexibility to make sure that they can get that, if they need it. They should always try to do first what they normally do—they have to use their reasonable and best endeavours, but it will give them legal flexibility. Safeguarding must come first in every case. David Simmonds MP: Exactly what I was hoping to hear, Minister. Thank you.

Specific areas of greatest concern (nos. in brackets correspond with those in the Table in the Appendix)

1. Dilution of statutory timescales for social worker visits to looked after children, and to children who are privately fostered (35-36 & 19); 2. Loss of timescales for statutory reviews of the welfare of children in care (37); 3. Loss of safeguards for children who come in and out of care system (short breaks redefined) (40- 42); 4. Removal in regulations of priority placement of looked after children with ‘connected persons’ (relative, friend or other person connected to the child) (contrary to s22C Children Act 1989) (26); 5. Loss of independent scrutiny in adoption (pre-court stage), including intercountry adoption (5-6, 13-15); 6. Loss of safeguards for children placed with foster parents who are also approved as prospective adoptive parents (29-30); 7. Loss of safeguards for looked after children placed with foster parents out of area (26); 8. Emergency foster placements may last for 24 weeks, instead of 6 working days (32); 9. Dilution of duty on fostering services to notify Ofsted of criminal convictions (45); 10. Dilution of duty on children’s homes providers to ensure independent persons visit and write a report each month (60); 11. Children living in children’s homes may now be deprived of their liberty in accordance with an exercise of powers under Schedule 21 to the Coronavirus Act 2020 (powers to detain a potentially infected person) (59); 12. Relaxation of placement planning duty for children remanded to custody (39);

2 13. Weakening of statutory care and education standards in children’s homes (57-58); 14. Weakening of health and welfare duty of residential family centres (where parenting is monitoring and assessed) (1); 15. Dilution of statutory timescales for inspection of children’s homes (including secure children’s homes), residential family centres, voluntary adoption agencies, adoption support agencies and fostering agencies (61-65); 16. Loss of statutory timescales for independent panel meetings and report where a person (including looked after children and care leavers) has made a formal children’s social care complaint (20-22).

Carolyne Willow Director, Article 39 [email protected] 4 May 2020

Appendix: Legal protections for vulnerable children lost or weakened through Statutory Instrument 445 (full list)

NB Where a safeguard has been previously counted, or we do not consider it amounts to a loss or dilution of protection, we indicate this through ‘…’

RESIDENTIAL FAMILY CENTRES REGULATIONS 2002 1 Health and welfare of residents Health and welfare of residents 10.—(1) The registered person shall ensure that the 10.—(1) The registered person shall use reasonable residential family centre is conducted so as to— endeavours to ensure that the residential family centre (a)promote and make proper provision for the health is conducted so as to— and welfare of residents; (a)promote and make proper provision for the health (b)make such provision for the care, treatment, and welfare of residents; education and supervision of residents as is (b)make such provision for the care, treatment, appropriate to their age and needs. education and supervision of residents as is appropriate to their age and needs. 2 Complaints Complaints 20.—(1) The registered person shall establish a 20.—(1) The registered person shall establish a procedure (“the complaints procedure”) for procedure (“the complaints procedure”) for considering complaints made to the registered person considering complaints made to the registered person by a resident or a person acting on behalf of a resident. by a resident or a person acting on behalf of a resident. (2) The registered person shall ensure that any (2) The registered person shall ensure that any complaint made under the complaints procedure is complaint made under the complaints procedure is fully investigated. fully investigated. (3) The registered person shall provide a written copy (3) The registered person shall provide a written copy of the complaints procedure on request to any resident of the complaints procedure on request to any resident and any person acting on behalf of a resident. and any person acting on behalf of a resident. (4) The written copy of the complaints procedure shall (4) The written copy of the complaints procedure shall include— include— (a)the name and address of the Commission; and (a)the name and address of the Commission; and (b)the procedure (if any) that has been notified by the (b)the procedure (if any) that has been notified by the Commission to the registered person for the making of Commission to the registered person for the making of complaints to the Commission relating to residential complaints to the Commission relating to residential family centres. family centres. (5) The registered person shall, within 28 days after the (5) The registered person shall, as far as reasonably date on which the complaint is made, or such shorter practicable, within 28 days after the date on which the period as may be reasonable in the circumstances, complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person 3 inform the person who made the complaint of the who made the complaint of the action (if any) that is to action (if any) that is to be taken. be taken. 3-4 Visits by registered provider Visits by registered provider 25.—(1) Where the registered provider is an individual, 25.—(1) Where the registered provider is an individual, but is not in day to day charge of the residential family but is not in day to day charge of the residential family centre, he shall visit the residential family centre in centre, he shall visit the residential family centre in accordance with this regulation. accordance with this regulation. (2) Where the registered provider is an organisation or (2) Where the registered provider is an organisation or a partnership, the residential family centre shall be a partnership, the residential family centre shall be visited in accordance with this regulation by— visited in accordance with this regulation by— (a)the responsible individual or one of the partners, as (a)the responsible individual or one of the partners, as the case may be; the case may be; (b)another of the directors or other persons responsible (b)another of the directors or other persons for the management of the organisation or partnership; responsible for the management of the organisation or or partnership; or (c)an employee of the organisation or partnership who (c)an employee of the organisation or partnership who is not directly concerned with the conduct of the is not directly concerned with the conduct of the residential family centre. residential family centre. (3) Visits under paragraph (1) or (2) shall take place at (3) Visits under paragraph (1) or (2) shall as far as least once a month and may be unannounced. reasonably practicable take place at least once a (4) The person carrying out the visit shall— month and may be unannounced. (a)interview, with their consent and in private, such of (4) The person carrying out the visit shall— the residents and persons working at the residential (a)interview, with their consent and in private, such of family centre as appears necessary in order to form an the residents and persons working at the residential opinion of the standard of care provided in the family centre as appears necessary in order to form an residential family centre; opinion of the standard of care provided in the (b)inspect the premises of the residential family centre, residential family centre; its daily log of events and records of any complaints; (b) as far as reasonably practicable inspect the and premises of the residential family centre, its daily log (c)prepare a written report on the conduct of the of events and records of any complaints; and residential family centre. (c)prepare a written report on the conduct of the residential family centre. 4A Any interview carried out under paragraph (4)(a) may be carried out by telephone, video-link or other electronic means. THE ADOPTION AGENCIES REGULATIONS 2005 5-6 Constituting an adoption panel Constituting an adoption panel 4.—(1) The adoption agency must constitute one or 4.—(1) The adoption agency must may constitute one more adoption panels, as necessary, to perform the or more adoption panels, as necessary, to perform the functions of an adoption panel under these functions of an adoption panel under these Regulations(3) and must appoint the panel members Regulations(3) and must appoint the panel members from the persons in the central list including— from the persons in the central list including— (2) The adoption agency must ensure that an adoption panel has sufficient members, and that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel. 7 Meetings of adoption panel Meetings of adoption panel 6.—(1) No business may be conducted by an adoption 6.—(1) No business may be conducted by an adoption panel unless at least the following meet as the panel— panel unless at least the following meet as the panel— (a)either the person appointed to chair the panel or (a)either the person appointed to chair the panel or one of the vice chairs, one of the vice chairs, (b)one person falling within regulation 3(1)(a), (b)one person falling within regulation 3(1)(a), (c)three, or in the case of an adoption panel established (c) three, or in the case of an adoption panel under regulation 4(3) four, other members and where established under regulation 4(3) four, other members the chair is not present and the vice chair is not an and where the chair is not present and the vice chair is

4 independent person, at least one other panel member not an independent person, at least one other panel must be an independent person. member must be an independent person one other independent person. 8 Requirement to prepare child’s permanence report Requirement to prepare child’s permanence report 17.—(2C) In a case not falling within paragraph (2), the 17.—(2C) In a case not falling within paragraph (2), the adoption agency must send the information and reports adoption agency must send the information and referred to in paragraph (2D) to the adoption panel. reports referred to in paragraph (2D) to the adoption panel. (2C) in a case not falling within paragraph (2), the adoption agency must decide whether to— (a)require the case to be referred to an adoption panel, or (b)proceed to make a decision under regulation 19 without such a referral, and where the case is to be referred to the adoption panel the adoption agency must send the information and reports referred to in paragraph (2D) to the adoption panel.

NB Paragraph 2= (2) In a case where— (a)the adoption agency is a local authority and is considering whether the child ought to be placed for adoption, and (b)either paragraph (2A) or paragraph (2B) applies, the adoption agency may not refer the case to the adoption panel. (2A) This paragraph applies where— (a)the child is placed for adoption by the adoption agency or is being provided with accommodation by them, (b)no adoption agency is authorised to place the child for adoption, and (c)the child has no parent or guardian, or the agency consider that the conditions in section 31(2) of the 1989 Act(1) are met in relation to the child. (2B) This paragraph applies where— (a)an application has been made, and has not been disposed of, on which a care order might be made in respect of the child, or (b)the child is subject to a care order and the adoption agency are not authorised to place the child for adoption. … Adoption agency decision and notification Adoption agency decision and notification 19.—(1) In any case falling within regulation 17(2C) the 19.—(1) In any case falling within regulation 17(2C) the adoption agency must take into account the adoption agency must take into account the recommendation of the adoption panel in coming to a recommendation of the adoption panel in coming to a decision about whether the child should be placed for decision about whether the child should be placed for adoption. adoption. (2) No member of the adoption panel shall take part in (2) No member of the adoption panel shall take part in any decision made by the adoption agency under any decision made by the adoption agency under paragraph (1). paragraph (1). (3) The adoption agency must, if their whereabouts are (3) The adoption agency must, if their whereabouts known to the agency, notify in writing the parent or are known to the agency, notify in writing the parent guardian and, where regulation 14(3) applies and the or guardian and, where regulation 14(3) applies and agency considers it is appropriate, the father of the the agency considers it is appropriate, the father of the child of its decision. child of its decision. (1A) In any case falling within regulation 17(2) the (1A) In any case falling within referred to the panel adoption agency must take into account the under regulation 17(2) the adoption agency must take information and reports referred to in regulation into account the information and reports referred to in 17(2D), and any other relevant information, in coming regulation 17(2D), and any other relevant information,

5 to a decision about whether the child ought to be in coming to a decision about whether the child ought placed for adoption. to be placed for adoption. … Prospective adopter’s case record Prospective adopter’s case record 23.—(1) The adoption agency must set up a case record 23.—(1) The adoption agency must set up a case in respect of the prospective adopter (“the prospective record in respect of the prospective adopter (“the adopter’s case record”) and place on that case record— prospective adopter’s case record”) and place on that (a)the prospective adopter stage one plan; case record— (b)the information and reports obtained by the agency (a)the prospective adopter stage one plan; by virtue of this Part; (b)the information and reports obtained by the agency (c)the prospective adopter assessment plan; by virtue of this Part; (d)the prospective adopter’s report and the prospective (c)the prospective adopter assessment plan; adopter’s observations on that report; (d)the prospective adopter’s report and the (e)the written record of the proceedings of the prospective adopter’s observations on that report; adoption panel under regulation 30A (and where (e)where applicable the written record of the applicable regulation 30B(8)), its recommendation, the proceedings of the adoption panel under regulation reasons for the recommendation and any advice given 30A (and where applicable regulation 30B(8)), its by the panel to the agency; recommendation, the reasons for the recommendation and any advice given by the panel to the agency; 9- Other pre-assessment information Other pre-assessment information 10 26. The adoption agency must— 26. The adoption agency must— (a)obtain the information about the prospective (a)obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4; adopter which is specified in Part 1 of Schedule 4; (b)obtain a written report from a registered medical (b)subject to regulation 27(1A) obtain a written report practitioner about the health of the prospective from a registered medical practitioner about the adopter following a full examination which must health of the prospective adopter following a full include the matters specified in Part 2 of Schedule 4 examination which must include the matters specified unless the agency has received advice from its medical in Part 2 of Schedule 4 unless the agency has received adviser that such an examination and report is advice from its medical adviser that such an unnecessary; examination and report is unnecessary; (c)obtain a written report of each of the interviews with (c)obtain a written report of each of the interviews the persons nominated by the prospective adopter to with the persons nominated by the prospective provide personal references for the prospective adopter to provide personal references for the adopter; prospective adopter; (d)where the adoption agency considers it necessary, (d)where the adoption agency considers it necessary, obtain a personal reference from the prospective obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner; and adopter’s former spouse, civil partner or partner; and (e)where it is not the local authority in whose area the (e) subject to regulation 27(1A) where it is not the prospective adopter has their home ascertain whether local authority in whose area the prospective adopter the local authority in whose area the prospective has their home ascertain whether the local authority in adopter has their home have any information about the whose area the prospective adopter has their home prospective adopter which may be relevant to an have any information about the prospective adopter assessment of the prospective adopter’s suitability to which may be relevant to an assessment of the adopt and if so obtain from that authority a written prospective adopter’s suitability to adopt and if so report setting out that information. obtain from that authority a written report setting out that information. Pre-assessment decision Pre-assessment decision 27.—(1) The adoption agency must, taking into account 27.—(1) The adoption agency must, taking into the information obtained under regulations 25 and 26, account the information obtained under regulations decide whether— 25 and 26, decide whether— (a)the prospective adopter may be suitable to adopt a (a)the prospective adopter may be suitable to adopt a child; or child; or (b)that the prospective adopter is not suitable to adopt (b)that the prospective adopter is not suitable to a child. adopt a child. (2) Subject to paragraph (3), the agency must make its (1A) The adoption agency may make a decision under decision under paragraph (1) within a period of two

6 months from the date on which the adoption agency paragraph (1) even if the information requested under notified the prospective adopter that they had decided regulation 25 and 26(b) has yet to be obtained. to proceed with the pre-assessment process in (2) Subject to paragraph (3), the agency must where accordance with regulation 21. reasonably practicable make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that they had decided to proceed with the pre-assessment process in accordance with regulation 21.

NB Regulation 25 = police checks Regulation 26(b) = written report from medical practitioner 11 Stage 2 assessment Stage 2 assessment 28.—(1) Regulations 28 to 30G apply where the 28.—(1) Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that prospective adopter notifies the adoption agency that they wish to continue with the assessment process they wish to continue with the assessment process within six months from the date on which the agency within six months from the date on which the agency notified the prospective adopter that they may be notified the prospective adopter following notification suitable to adopt under regulation 27(4). (2) Where the that they may be suitable to adopt under regulation prospective adopter notifies the adoption agency that 27(4). they wish to continue with the assessment process (2) Where the prospective adopter notifies the more than six months from the date on which the adoption agency that they wish to continue with the agency assessment process more than six months from the 6 notified the prospective adopter that they may be date on which the agency notified the prospective suitable to adopt under regulation 27(4), the agency adopter that they may be suitable to adopt under must notify the prospective adopter in writing that the regulation 27(4), the agency must notify the prospective adopter cannot proceed with the prospective adopter in writing that the prospective assessment process. adopter cannot proceed with the assessment process. … Prospective adopter’s report Prospective adopter’s report 30.—(1) The adoption agency must obtain the 30.—(1) The adoption agency must obtain the information about the prospective adopter which is information about the prospective adopter which is specified in Part 3 of Schedule 4. specified in Part 3 of Schedule 4. (2) The adoption agency must prepare a written report (2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes— (“the prospective adopter’s report”) which includes— (a)the information about the prospective adopter and (a)the information about the prospective adopter and the prospective adopter’s family which is specified in the prospective adopter’s family which is specified in Parts 1 and 3 of Schedule 4; Parts 1 and 3 of Schedule 4; (b)a summary, written by the agency’s medical adviser, (b)a summary, written by the agency’s medical adviser, of the state of health of the prospective adopter; of the state of health of the prospective adopter; (c)any relevant information obtained by the agency (c)any relevant information obtained by the agency under regulation 26(e); under regulation 26(e); (d)any observations of the agency on the matters (d)any observations of the agency on the matters referred to in regulations 24 and 25; referred to in regulations 24 and 25; (e)the agency’s assessment of the prospective (e)the agency’s assessment of the prospective adopter’s suitability to adopt; and adopter’s suitability to adopt; and (f)any other information which the agency considers (f)any other information which the agency considers relevant. relevant. (3) In a section 83 case, the prospective adopter’s (3) In a section 83 case, the prospective adopter’s report must also include— report must also include— (a)the name of the country from which the prospective (a)the name of the country from which the prospective adopter wishes to adopt a child (“country of origin”); adopter wishes to adopt a child (“country of origin”); (b)confirmation that the prospective adopter meets the (b)confirmation that the prospective adopter meets eligibility requirements to adopt from the country of the eligibility requirements to adopt from the country origin; of origin;

7 (c)any additional information obtained as a (c)any additional information obtained as a consequence of the requirements of the country of consequence of the requirements of the country of origin; and origin; and (d)the agency’s assessment of the prospective (d)the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually adopter’s suitability to adopt a child who is habitually resident outside the British Islands. resident outside the British Islands. (4) Where the adoption agency receives information (4) Where the adoption agency receives information under paragraph (1) or other information in relation to under paragraph (1) or other information in relation to the assessment of the prospective adopter and is of the the assessment of the prospective adopter and is of opinion that the prospective adopter is unlikely to be the opinion that the prospective adopter is unlikely to considered suitable to adopt a child, it may prepare the be considered suitable to adopt a child, it may prepare prospective adopter’s report under paragraph (2) the prospective adopter’s report under paragraph (2) notwithstanding that the agency may not have received notwithstanding that the agency may not have all the information about the prospective adopter received all the information about the prospective which may be required by this regulation. adopter which may be required by this regulation. (5) The adoption agency must— (5) The adoption agency must— (a)notify the prospective adopter that the prospective (a)where applicable notify the prospective adopter adopter’s application is to be referred to the adoption that the prospective adopter’s application is to be panel; referred to the adoption panel; (b)give the prospective adopter a copy of the (b)give the prospective adopter a copy of the prospective adopter’s report; prospective adopter’s report; (c)invite the prospective adopter to send any (c)invite the prospective adopter to send any observations in writing to the agency within 5 working observations in writing to the agency within 5 working days, beginning with the date on which the notification days, beginning with the date on which the notification is sent; and is sent; and (d)explain to the prospective adopter that the adoption (d)explain to the prospective adopter that the agency may, in exceptional circumstances, extend the adoption agency may, in exceptional circumstances, timescale referred to in paragraph (c) above. extend the timescale referred to in paragraph (c) 6) At the end of the 5 working days referred to in above. paragraph (5)(c) (or, where that timescale is extended (6) At the end of the 5 working days referred to in by the adoption agency, as soon as possible after the paragraph (5)(c) (or, where that timescale is extended prospective adopter’s observations are received) the by the adoption agency, as soon as possible after the adoption agency must send— prospective adopter’s observations are received) the (a)the prospective adopter’s report and the prospective adoption agency must decide whether or not to refer adopter’s observations; the case to an adoption panel or proceed to make a (b)the written reports and references referred to in decision under regulation 30B without such a referral regulation 26(b) to (e) but in the case of reports and, if the case is being referred to an adoption panel, obtained in accordance with regulation 26(b), only if the adoption agency must send— the agency’s medical adviser advises it to do so; and (a)the prospective adopter’s report and the (c)any other relevant information obtained by the prospective adopter’s observations; agency, to the adoption panel. (b)the written reports and references referred to in regulation 26(b) to (e) but in the case of reports obtained in accordance with regulation 26(b), only if the agency’s medical adviser advises it to do so; and (c)any other relevant information obtained by the agency, to the adoption panel. 12 Adoption agency decision and notification Adoption agency decision and notification 30B.—(1) Subject to paragraph (2), the adoption agency 30B.—(1) Subject to paragraph (2), the adoption must decide whether the prospective adopter is agency must decide whether the prospective adopter suitable to adopt a child within four months of the date is suitable to adopt a child where reasonably on which the agency received the prospective adopter’s practicable within four months of the date on which notification that they wished to proceed with the the agency received the prospective adopter’s assessment process. notification that they wished to proceed with the (2) The adoption agency may delay making the decision assessment process. under paragraph (1)— (1A) The adoption agency must not make a decision

8 (a)in a case where the adoption agency considers there under paragraph (1) until it has obtained the are exceptional circumstances which mean it cannot information requested under regulation 25 and 26(b). make the decision within that time, or (2) The adoption agency may delay making the (b)upon the request of the prospective adopter. decision under paragraph (1)— (3) No member of the adoption panel may take part in (a)in a case where the adoption agency considers any decision made by the adoption agency under there are exceptional circumstances which mean it paragraph (1). cannot make the decision within that time, or (4) Where the adoption agency decides to approve the (b)upon the request of the prospective adopter. prospective adopter as suitable to adopt a child, it must (3) No member of the adoption panel may take part in notify the prospective adopter in writing of its decision. any decision made by the adoption agency under (5) Where the adoption agency considers that the paragraph (1). prospective adopter is not suitable to adopt a child, it (4) Where the adoption agency decides to approve the must— prospective adopter as suitable to adopt a child, it (a)notify the prospective adopter in writing that it must notify the prospective adopter in writing of its proposes not to approve the prospective adopter as decision. suitable to adopt a child (“qualifying determination”); (5) Where the adoption agency considers that the (b)send with that notification its reasons together with prospective adopter is not suitable to adopt a child, it a copy of the recommendation of the adoption panel if must— that recommendation is different; and (a)notify the prospective adopter in writing that it (c)advise the prospective adopter that within 40 proposes not to approve the prospective adopter as working days beginning with the date on which the suitable to adopt a child (“qualifying determination”); notification was sent the prospective adopter may— (b)send with that notification its reasons together with (i)submit any representations the prospective adopter a copy of the recommendation of the adoption panel if wishes to make to the agency; or that recommendation is different; and (ii)apply to the Secretary of State for a review by an (c)advise the prospective adopter that within 40 independent review panel of the qualifying working days beginning with the date on which the determination. notification was sent the prospective adopter may— (6) If, within the period of 40 working days referred to (i)submit any representations the prospective adopter in paragraph (5)(c), the prospective adopter has not wishes to make to the agency; or made any representations or applied to the Secretary of (ii)subject to paragraph 5A apply to the Secretary of State for a review by an independent review panel, the State for a review by an independent review panel of adoption agency must proceed to make its decision and the qualifying determination. notify the prospective adopter in writing of its decision (5A) Where the adoption agency consider that the together with reasons for that decision. prospective adopter is not suitable to adopt because (7) If, within the period of 40 working days referred to of information obtained under regulation 25 or 26(b) in paragraph (5)(c), the adoption agency receives the prospective adopter may not apply to the further representations from the prospective adopter, Secretary of State for a review by an independent it may refer the case together with all relevant review panel of the qualifying determination. information to the adoption panel for further (6) If, within the period of 40 working days referred to consideration. in paragraph (5)(c), the prospective adopter has not (8) The adoption panel must consider any case referred made any representations or applied to the Secretary to it under paragraph (7) and make a fresh of State for a review by an independent review panel, recommendation to the adoption agency as to whether the adoption agency must proceed to make its the prospective adopter is suitable to adopt a child. decision and notify the prospective adopter in writing (9) The adoption agency must make a decision on the of its decision together with reasons for that decision. case but— (7) If, within the period of 40 working days referred to (a)if the case has been referred to the adoption panel in paragraph (5)(c), the adoption agency receives under paragraph (7), the agency must make the further representations from the prospective adopter, decision only after taking into account the it may refer the case together with all relevant recommendations of the adoption panel made under information to the adoption panel for further both paragraph (8) and regulation 30A; or consideration. (b)if the prospective adopter has applied to the (8) The adoption panel must consider any case Secretary of State for a review by an independent referred to it under paragraph (7) and make a fresh review panel of the qualifying determination, the recommendation to the adoption agency as to agency must make the decision only after taking into whether the prospective adopter is suitable to adopt a account the recommendation of the independent child.

9 review panel and the recommendation of the adoption (9) The adoption agency must make a decision on the panel made under regulation 30A. case but— (a)if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel made under both paragraph (8) and regulation 30A; or (b)if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review panel and the any recommendation of the adoption panel made under regulation 30A. 13 Review and termination of approval Review and termination of approval 30D.—(1) The adoption agency must review the 30D.—(1) The adoption agency must review the approval of each prospective adopter in accordance approval of each prospective adopter in accordance with this regulation, unless— with this regulation, unless— (a)in a section 83 case, the prospective adopter has (a)in a section 83 case, the prospective adopter has visited the child in the country in which the child is visited the child in the country in which the child is habitually resident and has confirmed in writing that habitually resident and has confirmed in writing that they wish to proceed with the adoption; and they wish to proceed with the adoption; and (b)in any other case, a child is placed for adoption with (b)in any other case, a child is placed for adoption with the prospective adopter or the agency is considering the prospective adopter or the agency is considering placing a child with the prospective adopter in placing a child with the prospective adopter in accordance with regulations 31 to 33. accordance with regulations 31 to 33. (2) A review must take place whenever the adoption (2) A review must take place whenever the adoption agency considers it necessary but otherwise not more agency considers it necessary but otherwise not more than one year after approval and thereafter at intervals than one year after approval and thereafter at of not more than one year. intervals of not more than one year. (3) When undertaking such a review the adoption (3) When undertaking such a review the adoption agency must— agency must— (a)make such enquiries and obtain such information as (a)make such enquiries and obtain such information as it considers necessary in order to review whether the it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a prospective adopter continues to be suitable to adopt child; and a child; and (b)seek and take into account the views of the (b)seek and take into account the views of the prospective adopter. prospective adopter. (4) If, at the conclusion of the review, the adoption (4) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no agency considers that the prospective adopter may no longer be suitable to adopt a child, it must— longer be suitable to adopt a child, it must— (a)prepare a written report (“the prospective adopter’s (a)prepare a written report (“the prospective review report”) which includes the agency’s reasons; adopter’s review report”) which includes the agency’s (b)notify the prospective adopter that the case is to be reasons; referred to the adoption panel; and (b) decide whether or not to refer the case to the (c)give the prospective adopter a copy of the report adoption panel and, where applicable, notify the inviting the prospective adopter to send any prospective adopter that the case is to be referred to observations to the agency within 10 working days the adoption panel; and beginning with the date on which that report is given to (c)give the prospective adopter a copy of the report the prospective adopter. inviting the prospective adopter to send any (5) At the end of the period of 10 working days referred observations to the agency within 10 working days to in paragraph (4)(c) (or earlier if the prospective beginning with the date on which that report is given adopter’s comments are received before that period to the prospective adopter. has expired), the adoption agency must send the (5) At the end of the period of 10 working days prospective adopter’s review report together with the referred to in paragraph (4)(c) (or earlier if the prospective adopter’s comments are received before

10 prospective adopter’s observations to the adoption that period has expired), the adoption agency must panel. where applicable send the prospective adopter’s review report together with the prospective adopter’s observations to the adoption panel. 14 Duties of the adoption agency in a section 83 case Duties of the adoption agency in a section 83 case 30E. Where the adoption agency decides in a section 30E. Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to 83 case to approve a prospective adopter as suitable adopt a child, the agency must send the Secretary of to adopt a child, the agency must send the Secretary of State— State— (a)written confirmation of the decision and any (a)written confirmation of the decision and any recommendation the agency may make in relation to recommendation the agency may make in relation to the number of children the prospective adopter may be the number of children the prospective adopter may suitable to adopt, their age range, sex and likely needs; be suitable to adopt, their age range, sex and likely (b)all the documents and information which were needs; passed to the adoption panel in accordance with (b)where applicable all the documents and regulation 30; information which were passed to the adoption panel c)the record of the proceedings of the adoption panel, in accordance with regulation 30; its recommendation and the reasons for its c)where applicable the record of the proceedings of recommendation; the adoption panel, its recommendation and the reasons for its recommendation;

NB Section 83 case = child brought into UK for adoption (intercountry adoption) 15 Proposed placement Proposed placement 31.—(1) Where an adoption agency is considering 31.—(1) Where an adoption agency is considering placing a child for adoption with a particular placing a child for adoption with a particular prospective adopter (“the proposed placement”) the prospective adopter (“the proposed placement”) the agency must— agency must— (a)provide the prospective adopter with a copy of the (a)provide the prospective adopter with a copy of the child’s permanence report and any other information child’s permanence report and any other information the agency considers relevant; the agency considers relevant; (b)meet with the prospective adopter to discuss the (b)meet with the prospective adopter to discuss the proposed placement; proposed placement; (c)ascertain the views of the prospective adopter (c)ascertain the views of the prospective adopter about— about— (i)the proposed placement; and (i)the proposed placement; and (ii)the arrangements the agency proposes to make for (ii)the arrangements the agency proposes to make for allowing any person contact with the child; and allowing any person contact with the child; and (d)provide a counselling service for, and any further (d)provide a counselling service for, and any further information to, the prospective adopter as may be information to, the prospective adopter as may be required. required. (2) Where the adoption agency considers that the (2) Where the adoption agency considers that the proposed placement should proceed, the agency proposed placement should proceed, the agency must— must— (a)where the agency is a local authority, carry out an (a)where the agency is a local authority, carry out an assessment of the needs of the child and the assessment of the needs of the child and the prospective adopter and any children of the prospective adopter and any children of the prospective adopter (“the adoptive family”) for prospective adopter (“the adoptive family”) for adoption support services in accordance with adoption support services in accordance with regulations made under section 4(6) of the Act; regulations made under section 4(6) of the Act; (b)where the agency is a registered adoption society, (b)where the agency is a registered adoption society, notify the prospective adopter that he may request the notify the prospective adopter that he may request local authority in whose area he has his home (“the the local authority in whose area he has his home relevant authority”) to carry out an assessment of his (“the relevant authority”) to carry out an assessment needs for adoption support services under section 4(1) of his needs for adoption support services under of the Act and pass to the relevant authority, at their section 4(1) of the Act and pass to the relevant

11 request, a copy of the child’s permanence report and a authority, at their request, a copy of the child’s copy of the prospective adopter’s report; permanence report and a copy of the prospective (c)consider the arrangements for allowing any person adopter’s report; contact with the child; and (c)consider the arrangements for allowing any person (d)prepare a written report (“the adoption placement contact with the child; and report”) which shall include— (d)prepare a written report (“the adoption placement (i)the agency’s reasons for proposing the placement; report”) which shall include— (ii)the information obtained by the agency by virtue of (i)the agency’s reasons for proposing the placement; paragraph (1); (ii)the information obtained by the agency by virtue of (iii)where the agency is a local authority, their proposals paragraph (1); for the provision of adoption support services for the (iii)where the agency is a local authority, their adoptive family; proposals for the provision of adoption support (iv)the arrangements the agency proposes to make for services for the adoptive family; allowing any person contact with the child; and (iv)the arrangements the agency proposes to make for (v)any other relevant information. allowing any person contact with the child; and (3) The adoption agency must notify the prospective (v)any other relevant information. adopter that the proposed placement is to be referred (3) The adoption agency must notify the prospective to the adoption panel and give him a copy of the adopter that whether the proposed placement is to be adoption placement report, inviting him to send any referred to the adoption panel and give him a copy of observations in writing to the agency within 10 working the adoption placement report, inviting him to send days, beginning with the date on which the notification any observations in writing to the agency within 10 is sent. working days, beginning with the date on which the (4) At the end of the period of 10 working days referred notification is sent. to in paragraph (3) (or earlier if observations are (4) At the end of the period of 10 working days received before the 10 working days has expired) the referred to in paragraph (3) (or earlier if observations adoption agency must send— are received before the 10 working days has expired) (a)the adoption placement report; the adoption agency must decide whether or not to (b)the child’s permanence report; and refer the case to an adoption panel or to proceed to (c)the prospective adopter’s report and his make a decision under regulation 33 without such a observations, referral and, where the case is being referred to an to the adoption panel. adoption panel, the adoption agency must send— (a)the adoption placement report; (b)the child’s permanence report; and (c)the prospective adopter’s report and his observations, to the adoption panel. … Adoption agency decision in relation to proposed Adoption agency decision in relation to proposed placement placement 33.—(1) The adoption agency must take into account 33.—(1) The adoption agency must take into account the recommendation of the adoption panel in coming the any recommendation of the adoption panel in to a decision about whether the child should be placed coming to a decision about whether the child should for adoption with the particular prospective adopter. be placed for adoption with the particular prospective adopter. 16 Reviews Reviews 36.—(1) Where an adoption agency is authorised to (A1) Subject to paragraph (B1) an adoption agency place a child for adoption but the child is not for the does not have to carry out a review required by this time being placed for adoption the agency must carry regulation where the adoption agency decide that it is out a review of the child’s case— not reasonably practicable to carry out the review of (a)not more than 3 months after the date on which the the child’s case. agency first has authority to place; and (B1) Paragraph (A1) does not apply where the (b)thereafter not more than 6 months after the date of adoption agency is satisfied that a review is necessary the previous review (“6 months review”), to safeguard and promote the welfare of the child. 36.—(1) Where an adoption agency is authorised to place a child for adoption but the child is not for the time being placed for adoption the agency must carry out a review of the child’s case—

12 (a)not more than 3 months after the date on which the agency first has authority to place; and (b)thereafter not more than 6 months after the date of the previous review (“6 months review”), CHILDREN (PRIVATE ARRANGEMENTS FOR FOSTERING) REGULATIONS 2005 17 Action to be taken by local authority on receipt of Action to be taken by local authority on receipt of notification of proposal to foster a child privately notification of proposal to foster a child privately 4.—(1) Where a local authority have received 4.—(1) Where a local authority have received notification under regulation 3 they must, for the notification under regulation 3 they must, for the purposes of discharging their duty under section 67(1) purposes of discharging their duty under section 67(1) of the Act (welfare of privately fostered children), of the Act (welfare of privately fostered children), arrange for an officer of the authority within seven arrange for an officer of the authority within seven working days to— working days or as soon as is reasonably practicable (a)visit the premises where it is proposed that the child to— will be cared for and accommodated; (a)visit the premises where it is proposed that the child (b)visit and speak to the proposed private foster carer will be cared for and accommodated; and to all members of his household; (b)visit and speak to the proposed private foster carer (c)visit and speak to the child, alone unless the officer and to all members of his household; considers it inappropriate; (c)visit and speak to the child, alone unless the officer (d)speak to and, if it is practicable to do so, visit every considers it inappropriate; parent of or person with parental responsibility for the (d)speak to and, if it is practicable to do so, visit every child; and parent of or person with parental responsibility for the (e)establish such matters listed in Schedule 2 as appear child; and to the officer to be relevant. (e)establish such matters listed in Schedule 2 as appear to the officer to be relevant. 18 Action to be taken by local authority on receipt of Action to be taken by local authority on receipt of notification about a child being fostered privately notification about a child being fostered privately 7.—(1) Where a local authority have received a 7.—(1) Where a local authority have received a notification under regulation 5 or 6 they must for the notification under regulation 5 or 6 they must for the purposes of discharging their functions under section purposes of discharging their functions under section 67(1) of the Act, arrange for an officer of the authority 67(1) of the Act, arrange for an officer of the authority within seven working days to— within seven working days or as soon as is reasonably (a)visit the premises where the child is being cared for practicable to— and accommodated; (a)visit the premises where the child is being cared for (b)visit and speak to the private foster carer and to all and accommodated; members of his household; (b)visit and speak to the private foster carer and to all (c)visit and speak to the child, alone unless the officer members of his household; considers it inappropriate; (c)visit and speak to the child, alone unless the officer (d)speak to and, if it is practicable to do so, visit every considers it inappropriate; parent of or person with parental responsibility for the (d)speak to and, if it is practicable to do so, visit every child; and parent of or person with parental responsibility for the (e)establish such matters listed in Schedule 3 as appear child; and to the officer to be relevant. (e)establish such matters listed in Schedule 3 as appear to the officer to be relevant. 19 Subsequent visits to children who are being fostered Subsequent visits to children who are being fostered privately privately 8.—(1) Each local authority must arrange for an officer 8.—(1) Each local authority must arrange for an officer of the authority to visit every child who is being of the authority to visit every child who is being fostered privately in their area— fostered privately in their area— (a)in the first year of the private fostering arrangement, (a)in the first year of the private fostering at intervals of not more than six weeks; and arrangement, where reasonably practicable at (b)in any second or subsequent year, at intervals of not intervals of not more than six weeks; and more than 12 weeks. (b)in any second or subsequent year, where reasonably practicable at intervals of not more than 12 weeks.

13 CHILDREN ACT 1989 REPRESENTATIONS PROCEDURE (ENGLAND) REGULATIONS 2006 … Request for review panel Request for review panel 18.—(1) Where the complainant is dissatisfied with the 18.—(1) Where the complainant is dissatisfied with the outcome of the investigation of his representations outcome of the investigation of his representations under regulation 17 the complainant or, where one has under regulation 17 the complainant or, where one been appointed, his advocate may request that the has been appointed, his advocate may request that representations be further considered by a panel in the representations be further considered by a panel accordance with regulation 19. in accordance with regulation 19. (2) A request under paragraph (1) must be made within (2) A request under paragraph (1) must be made 20 working days of the date on which the complainant within 20 working days of the date on which the received the notice of the local authority’s response complainant received the notice of the local and must set out the reasons for the complainant’s authority’s response or as soon as is reasonably dissatisfaction with the outcome of the investigations. practicable and must set out the reasons for the complainant’s dissatisfaction with the outcome of the investigations.

[[This is the only concession in the SI to those who use services]] 20 Review panel Review panel 19.—(1) Where the local authority have received a 19.—(1) Where the local authority have received a request in accordance with regulation 18 they must request in accordance with regulation 18 they must appoint a panel to consider the representations. appoint a panel to consider the representations. (2) The panel shall consist of three independent (2) The panel shall consist of three independent persons, one of whom will chair the panel. persons, one of whom will chair the panel. (3) The independent person appointed in accordance (3) The independent person appointed in accordance with regulation 17(2) may not be a member of the with regulation 17(2) may not be a member of the panel. panel. (4) The panel shall meet within 30 working days of the (4) The panel shall meet within 30 working days of the local authority receiving a request in accordance with local authority receiving a request in accordance with regulation 18. regulation 18 or as soon as is reasonably practicable. 21- Recommendations Recommendations 22 20.—(1) After the meeting referred to in regulation 19 20.—(1) After the meeting referred to in regulation 19 the panel shall decide on their recommendations and the panel shall decide on their recommendations and compile a written report which must set out— compile a written report which must set out— (a)a brief summary of the representations; and (a)a brief summary of the representations; and (b)the panel’s recommendations for the resolution of (b)the panel’s recommendations for the resolution of the issues raised in the representations. the issues raised in the representations. (2) Within 5 working days of the meeting the panel (2) Within 5 working days of the meeting or as soon as must send its report to— is reasonably practicable the panel must send its (a)the local authority; report to— (b)the complainant and, where one has been (a)the local authority; appointed, his advocate; (b)the complainant and, where one has been (c)the independent person appointed under regulation appointed, his advocate; 17(2); and (c)the independent person appointed under regulation (d)any other person whom the panel consider has 17(2); and sufficient interest in the case to warrant their receiving (d)any other person whom the panel consider has such a notice. sufficient interest in the case to warrant their receiving (3) Within 15 working days of receiving the panel’s such a notice. recommendations the local authority must, together (3) Within 15 working days of receiving the panel’s with the independent person appointed under recommendations or as soon as is reasonably regulation 17(2), consider the recommendations and practicable the local authority must, together with the determine— independent person appointed under regulation 17(2), (a)how the authority will respond to them; and consider the recommendations and determine— (b)what they propose to do in the light of them, (a)how the authority will respond to them; and (b)what they propose to do in the light of them,

14 and send to the complainant its response and and send to the complainant its response and proposals, along with information about making a proposals, along with information about making a complaint to a Local Commissioner. complaint to a Local Commissioner. EDUCATION AND INSPECTIONS ACT 2006 (INSPECTION OF LOCAL AUTHORITIES) REGULATIONS 2007 23 Publication of a written statement of proposed action Publication of a written statement of proposed action 3. A local authority in England which has received a 3. A local authority in England which has received a copy of a report under section 137 of the Act must, copy of a report under section 137 of the Act must, within 70 working days of receiving that report, publish within 70 working days of receiving that report, or as a written statement of action which they propose to soon as is reasonably practicable, publish a written take in the light of the report (a “written statement”) statement of action which they propose to take in the by— light of the report (a “written statement”) by— (a)sending a copy of the written statement to— (a)sending a copy of the written statement to— (i)the Chief Inspector, and (i)the Chief Inspector, and (ii)the Secretary of State; (ii)the Secretary of State; (b)sending a copy of the written statement to the (b)sending a copy of the written statement to the persons or bodies to whom a copy of the report of the persons or bodies to whom a copy of the report of the inspection was sent by virtue of regulation 2(a); inspection was sent by virtue of regulation 2(a); (c)making a copy of the written statement available for (c)making a copy of the written statement available for inspection free of charge at the offices of the authority; inspection free of charge at the offices of the and authority; and (d)supplying a copy of the written statement to a (d)supplying a copy of the written statement to a member of the public on demand on payment of a member of the public on demand on payment of a reasonable fee. reasonable fee.

NB Section 137 report = inspection report CARE PLANNING, PLACEMENT AND CASE REVIEW (ENGLAND) REGULATIONS 2010 … Interpretation Interpretation 2.—(1) In these Regulations— 2.—(1) In these Regulations— “connected person” has the meaning given in “connected person” has the meaning given in regulation 24; regulation 24; 24 Preparation and content of the care plan Preparation and content of the care plan 5. (1) The care plan must include a record of the 5. (1) The care plan must include a record of the following information— following information— (a)the long term plan for C’s upbringing (“the plan for (a)the long term plan for C’s upbringing (“the plan for permanence”), permanence”), (b)the arrangements made by the responsible authority (b)the arrangements made by the responsible to meet C’s needs in relation to— authority to meet C’s needs in relation to— (i)health, including the information set out in paragraph (i)health, including the information set out in 1 of Schedule 1 (“the health plan”), paragraph 1 of Schedule 1 (“the health plan”), (ii)education and training, including, so far as (ii)education and training, including, so far as reasonably practicable, the information set out in reasonably practicable, the information set out in paragraph 2 of Schedule 1 (“the personal education paragraph 2 of Schedule 1 (“the personal education plan”), plan”), (iii)emotional and behavioural development, (iii)emotional and behavioural development, (iv)identity, with particular regard to C’s religious (iv)identity, with particular regard to C’s religious persuasion, racial origin and cultural and linguistic persuasion, racial origin and cultural and linguistic background, background, (v)family and social relationships and in particular the (v)family and social relationships and in particular the information set out in paragraph 3 of Schedule 1, information set out in paragraph 3 of Schedule 1, (vi)social presentation, and (vi)social presentation, and (vii)self-care skills, (vii)self-care skills, (c)except in a case where C is in the care of the (c)except in a case where C is in the care of the responsible authority but is not provided with responsible authority but is not provided with accommodation by them by any of the means specified accommodation by them by any of the means in section 22C, the placement plan, specified in section 22C, the placement plan, once (d)the name of the IRO, and prepared

15 (e)details of the wishes and feelings of the persons (d)the name of the IRO, and listed in section 22(4)(1) about the arrangements (e)details of the wishes and feelings of the persons referred to in sub-paragraph (b) and the placement listed in section 22(4)(1) about the arrangements plan that have been ascertained and considered in referred to in sub-paragraph (b) and the placement accordance with section 22(4) and (5) and the wishes plan, once this has been prepared that have been and feelings of those persons in relation to any change, ascertained and considered in accordance with section or proposed change, to the care plan. 22(4) and (5) and the wishes and feelings of those persons in relation to any change, or proposed change, to the care plan. 25 Placement plan Placement plan 9.—(1) Subject to paragraphs (2) and (4), before making 9.—(1) Subject to paragraphs (2) and (4), before arrangements in accordance with section 22C for C’s making arrangements in accordance with section 22C placement, the responsible authority must— for C’s placement, the responsible authority must— (a)prepare a plan for the placement (“the placement (a)prepare a plan for the placement (“the placement plan”) which— plan”) which— (i)sets out how the placement will contribute to (i)sets out how the placement will contribute to meeting C’s needs, and meeting C’s needs, and (ii)includes all the matters specified in Schedule 2 as are (ii)includes all the matters specified in Schedule 2 as applicable, having regard to the type of the placement, are applicable, having regard to the type of the and placement, and (b)ensure that— (b)ensure that— (i)C’s wishes and feelings have been ascertained and (i)C’s wishes and feelings have been ascertained and given due consideration, and given due consideration, and (ii)the IRO has been informed. (ii)the IRO has been informed. (2) If it is not reasonably practicable to prepare the (2) If it is not reasonably practicable to prepare the placement plan before making the placement, the placement plan before making the placement, the placement plan must be prepared within five working placement plan must be prepared within five working days of the start of the placement. days of as soon as is reasonably practicable the start of the placement. 26 Placement decision Placement decision 11.—(1) Subject to paragraphs (3) and (4), a decision to 11.—(1) Subject to paragraphs (3) and (4), a decision place C outside the area of the responsible authority to place C outside the area of the responsible (including a placement outside England) must not be authority (including a placement outside England) put into effect until it has been approved by a must not be put into effect until it has been approved nominated officer. by a nominated officer. (2) Before approving a decision under paragraph (1), (2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that— the nominated officer must be satisfied that— (a)the requirements of regulation 9(1)(b)(i) have been (a)the requirements of regulation 9(1)(b)(i) have been complied with, complied with, (b)the placement is the most appropriate placement (b)the placement is the most appropriate placement available for C and consistent with C’s care plan, available for C and consistent with C’s care plan, (c)C’s relatives(1) have been consulted, where (c)C’s relatives(1) have been consulted, where appropriate, appropriate, (d)the area authority have been notified, and (d)the area authority have been notified, and (e)the IRO has been consulted. (e)the IRO has been consulted. (3) In the case of a placement made in an emergency, (3) In the case of a placement made in an emergency, paragraph (2) does not apply and before approving a paragraph (2) does not apply and before approving a decision under paragraph (1) the nominated officer decision under paragraph (1) the nominated officer must— must— (a)be satisfied that regulation 9(1)(b)(i) and the (a)be satisfied that regulation 9(1)(b)(i) and the requirements of sub-paragraph (2)(b) have been requirements of sub-paragraph (2)(b) have been complied with, and complied with, and (b)take steps to ensure that regulation 9(1)(b)(ii) and (b)take steps to ensure that regulation 9(1)(b)(ii) and the requirements set out in sub-paragraphs (2)(c) and the requirements set out in sub-paragraphs (2)(c) and (d) are complied with by the responsible authority (d) are complied with by the responsible authority

16 within five working days of approval of the decision within five working days of approval of the decision under paragraph (1). under paragraph (1). (4) Paragraphs (1) and (2) do not apply to a decision to (4) Paragraphs (1) and (2) do not apply to a decision to place C outside the area of the responsible authority place C outside the area of the responsible authority with— with— (a)F who is a connected person, or (a)F who is a connected person, or (b)F who is approved as a local authority foster parent (a)F who is a person with whom a placement is made by the responsible authority. under regulation 24, or (b)F who is approved as a local authority foster parent by the responsible authority.

NB Regulation 24 = Temporary approval (see below) F= a person who is approved as a local authority foster parent and with whom it is proposed to place C or, as the case may be, with whom C is placed. 27 Decision to place a child with P Decision to place a child with P 18.—(1) The decision to place C with P must not be put 18.—(1) The decision to place C with P must not be put into effect until it has been approved by a nominated into effect until it has been approved by a nominated officer, and the responsible authority have prepared a officer, and the responsible authority have prepared a placement plan for C. placement plan for C. (2) Before approving a decision under paragraph (1), (2) Before approving a decision under paragraph (1), the nominated officer must be satisfied that- the nominated officer must be satisfied that- (a)the requirements of regulation 9(1)(b)(i) have been (a)the requirements of regulation 9(1)(b)(i) have been complied with, complied with, (b)the requirements of regulation 17 have been (b)the requirements of regulation 17 have been complied with, complied with, (c)the placement will safeguard and promote C’s (c)the placement will safeguard and promote C’s welfare, and welfare, and (d)the IRO has been consulted. (d)the IRO has been consulted.

NB This relates to s22C Children Act 1989: 22C Ways in which looked after children are to be accommodated and maintained (1)This section applies where a local authority are looking after a child (“C”). (2)The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)). (3)A person (“P”) falls within this subsection if— (a)P is a parent of C; (b)P is not a parent of C but has parental responsibility for C; or (c)in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live 28 Circumstances in which a child may be placed with P Circumstances in which a child may be placed with P before assessment completed before assessment completed 19. Where the nominated officer considers it to be 19. Where the nominated officer considers it to be necessary and consistent with C’s welfare, the necessary and consistent with C’s welfare, the responsible authority may place C with P before their responsible authority may place C with P before their assessment under regulation 17 (“the assessment”) is assessment under regulation 17 (“the assessment”) is completed provided that they— completed provided that they— (a)arrange for P to be interviewed in order to obtain as (a)arrange for P to be interviewed in order to obtain as much of the information specified in Schedule 3 about much of the information specified in Schedule 3 about P and the other persons living in P’s household who are P and the other persons living in P’s household who

17 aged 18 and over as can be readily ascertained at that are aged 18 and over as can be readily ascertained at interview, that interview, (b)ensure that the assessment and the review of C’s (b)ensure that the assessment and the review of C’s case are completed in accordance with regulation 17 case are completed in accordance with regulation 17 within ten working days of C being placed with P, and within ten working days of as soon as is reasonably (c)ensure that a decision in accordance with regulation practicable after C being placed with P, and 18 is made and approved within ten working days after (c)ensure that a decision in accordance with regulation the assessment is completed, and— 18 is made and approved within ten working days after (i)if the decision is to confirm the placement, review the the assessment is completed, and— placement plan and, if appropriate amend it, and (i)if the decision is to confirm the placement, review (ii)if the decision is not to confirm the placement, the placement plan and, if appropriate amend it, and terminate the placement. (ii)if the decision is not to confirm the placement, terminate the placement. 29- Placement following consideration in accordance with Placement following consideration in accordance 30 section 22C(9B)(c) of the Act with section 22C(9B)(c) of the Act 22A.—(1) This regulation applies where the responsible 22A.—(1) This regulation applies where the authority decides to place C in accordance with section responsible authority decides to place C in accordance 22C of the 1989 Act with a local authority foster parent with section 22C of the 1989 Act with a local authority who is also an approved prospective adopter following foster parent who is also an approved prospective consideration in accordance with section 22C(9B)(c) of adopter following consideration in accordance with the 1989 Act. section 22C(9B)(c) of the 1989 Act. (2) The decision to place C must not be put into effect (2) The decision to place C must not be put into effect until it has been approved by a nominated officer, and until it has been approved by a nominated officer, and the responsible authority have prepared a placement the responsible authority have prepared a placement plan for C. plan for C. (3) Before approving a decision under paragraph (2), (3) Before approving a decision under paragraph (2), the nominated officer must— the nominated officer must— (3) Before making a (a)be satisfied that the placement is the most placement under paragraph (1), the responsible appropriate placement available for C and will authority must— safeguard and promote C’s welfare; (a)be satisfied that the placement is the most (b)be satisfied that the requirements of regulation appropriate placement available for C and will 9(1)(b) have been complied with; and safeguard and promote C’s welfare; (c)if their whereabouts are known to the responsible (b)be satisfied that the requirements of regulation authority, notify the parent or guardian of C of the 9(1)(b) have been complied with; and proposed placement. (c)if their whereabouts are known to the responsible authority, notify the parent or guardian of C of the proposed placement. 31 Conditions to be complied with before placing C in a Conditions to be complied with before placing C in a long term foster placement long term foster placement 22B.—(1) This regulation applies where the responsible 22B.—(1) This regulation applies where the authority propose to place C with F in a long term foster responsible authority propose to place C with F in a placement. long term foster placement. (2) The responsible authority may only place C with F (2) The responsible authority may only place C with F if— if— (a)the responsible authority have prepared a placement (a)the responsible authority have prepared a plan for C, placement plan for C, (b)the requirements of regulation 9(1)(b)(i) have been (b)the requirements of regulation 9(1)(b)(i) have been complied with, complied with, (c)the placement will safeguard and promote C’s (c)the placement will safeguard and promote C’s welfare, welfare, (d)the IRO has been consulted, (d)the IRO has been consulted, (e)C’s relatives have been consulted, where (e)C’s relatives have been consulted, where appropriate, and appropriate, and (f)F intends to act as C’s foster parent until C ceases to (f)F intends to act as C’s foster parent until C ceases to be looked after. be looked after.

18 32 Emergency placement with a local authority foster Emergency placement with a local authority foster parent parent 23.—(1) Where it is necessary to place C in an 23.—(1) Where it is necessary to place C in an emergency, the responsible authority may place C with emergency, the responsible authority may place C with any local authority foster parent who has been any local authority foster parent who has been approved in accordance with the 2002 Regulations, approved in accordance with the 2002 Regulations, even if the terms of that approval are not consistent even if the terms of that approval are not consistent with the placement, provided that the placement is for with the placement, provided that the placement is for no longer than six working days. no longer than six working days twenty four weeks. (2) When the period of six working days referred to in (2) When the period of six working days twenty four paragraph (1) expires, the responsible authority must weeks referred to in paragraph (1) expires, the terminate the placement unless the terms of that responsible authority must terminate the placement person’s approval have been amended to be consistent unless the terms of that person’s approval have been with the placement. amended to be consistent with the placement. 33- Temporary approval of relative, friend or other person Temporary approval of relative, friend or other 34 connected with C person connected with C 24.—(1) Where the responsible authority is satisfied 24.—(1) Where the responsible authority is satisfied that— that— (a)the most appropriate placement for C is with a (a)the most appropriate placement for C is with a connected person, notwithstanding that the connected connected person, notwithstanding that the person is not approved as a local authority foster connected person is not approved as a local authority parent, and foster parent, and (b)it is necessary for C to be placed with the connected (b)it is necessary for C to be placed with the connected person before the connected person’s suitability to be a person before the connected person’s suitability to be local authority foster parent has been assessed in a local authority foster parent has been assessed in accordance with the 2002 Regulations, accordance with the 2002 Regulations, they may approve that person as a local authority they may approve that person as a local authority foster parent for a temporary period not exceeding 16 foster parent for a temporary period not exceeding 16 weeks (“temporary approval”) provided that they first weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2). comply with the requirements of paragraph (2). (2) Before making a placement under paragraph (1), the 24.—(1) Where the responsible authority is satisfied responsible authority must— that the most appropriate placement for C is with a (a)assess the suitability of the connected person to care person who has not yet been approved as a local for C, including the suitability of— authority foster parent they may approve that person (i)the proposed accommodation, and as a local authority foster parent for a temporary (ii)all other persons aged 18 and over who are members period not exceeding 24 weeks (“temporary approval”) of the household in which it is proposed that C will live, provided that they first comply with the requirements taking into account all the matters set out in Schedule of paragraph (2). 4, (2) Before making a placement under paragraph (1), (b)consider whether, in all the circumstances and taking the responsible authority must— into account the services to be provided by the (a)assess the suitability of the connected person to responsible authority, the proposed arrangements will care for C, including the suitability of— safeguard and promote C’s welfare and meet C’s needs (i)the proposed accommodation, and set out in the care plan, and (ii)all other persons aged 18 and over who are (c)make immediate arrangements for the suitability of members of the household in which it is proposed that the connected person to be a local authority foster C will live, parent to be assessed in accordance with the 2002 taking into account all the matters set out in Schedule Regulations (“the full assessment process”) before the 4, temporary approval expires. (b)consider whether, in all the circumstances and (3) In this regulation “connected person” means a taking into account the services to be provided by the relative, friend or other person connected with C. responsible authority, the proposed arrangements will safeguard and promote C’s welfare and meet C’s needs set out in the care plan, and (c)make immediate arrangements for the suitability of the connected person to be a local authority foster parent to be assessed in accordance with the 2002

19 Regulations (“the full assessment process”) before the temporary approval expires. (3) In this regulation “connected person” means a relative, friend or other person connected with C. … Expiry of temporary approval Expiry of temporary approval 25.—(1) Subject to paragraph (4), the responsible 25.—(1) Subject to paragraph (4), the responsible authority may extend the temporary approval of a authority may extend the temporary approval of a connected person if— connected person if— (a)it is likely to expire before the full assessment (a)it is likely to expire before the full assessment process is completed, or process is completed, or (b)the connected person, having undergone the full (b)the connected person, having undergone the full assessment process, is not approved and seeks a review assessment process, is not approved and seeks a of the decision in accordance with Regulations made review of the decision in accordance with Regulations under paragraph 12F(1)(b) of Schedule 2 to the 1989 made under paragraph 12F(1)(b) of Schedule 2 to the Act (1). 1989 Act (1). (2) In a case falling within paragraph (1)(a), the (2) In a case falling within paragraph (1)(a), the responsible authority may extend the temporary responsible authority may extend the temporary approval once for a further period of up to eight weeks. approval once for a further period of up to eight (3) In a case falling within paragraph (1)(b), the weeks. responsible authority may extend the temporary (3) In a case falling within paragraph (1)(b), the approval until the outcome of the review is known. responsible authority may extend the temporary (4) Before deciding whether to extend the temporary approval until the outcome of the review is known. approval in the circumstances set out in paragraph (1), (4) Before deciding whether to extend the temporary the responsible authority must first— approval in the circumstances set out in paragraph (1), (a)consider whether placement with the connected the responsible authority must first— person is still the most appropriate placement (a)consider whether placement with the connected available, person is still the most appropriate placement (b)seek the views of the fostering panel established by available, the fostering service provider in accordance with the (b)seek the views of the fostering panel established by 2002 Regulations, and the fostering service provider in accordance with the (c)inform the IRO. 2002 Regulations, and (5) A decision to extend temporary approval must be (c)inform the IRO. approved by a nominated officer. (5) A decision to extend temporary approval must be (6) If the period of temporary approval and of any approved by a nominated officer. extension to that period expires and the connected (6) If the period of temporary approval and of any person has not been approved as a local authority extension to that period expires and the connected foster parent in accordance with the 2002 Regulations, person has not been approved as a local authority the responsible authority must terminate the foster parent in accordance with the 2002 Regulations, placement after first making other arrangements for C’s the responsible authority must terminate the accommodation. placement after first making other arrangements for C’s accommodation. 35- Frequency of visits Frequency of visits 36 28.—(1) As part of their arrangements for supervising 28.—(1) As part of their arrangements for supervising C’s welfare, the responsible authority must ensure that C’s welfare, the responsible authority must ensure that their representative (“R”) visits C in accordance with their representative (“R”) visits C in accordance with this regulation, wherever C is living. this regulation, wherever C is living. (2) Subject to paragraphs (3) to (6), the responsible 1A) Any visit required by this regulation may be authority must ensure that R visits C— conducted by telephone, video-link or other electronic (a)within one week of the start of any placement, means. (b)at intervals of not more than six weeks for the first (1B) Where R is unable to visit C within the timescales year of any placement, and set out in this regulation the responsible authority (c)thereafter— must ensure that R visits C as soon as is reasonably (i)where the placement is intended to last until C is practicable thereafter. aged 18, at intervals of not more than three months, (2) Subject to paragraphs (3) to (6), the responsible (ii)and in any other case, at intervals of not more than authority must ensure that R visits C— six weeks. (a)within one week of the start of any placement,

20 (3) Where regulation 19 applies, the responsible (b)at intervals of not more than six weeks for the first authority must ensure that R visits C— year of any placement, and (a)at least once a week until the first review carried out (c)thereafter— in accordance with Part 6, and (i)where the placement is intended to last until C is (b)thereafter at intervals of not more than six weeks. aged 18, at intervals of not more than three months, (3A) Where— (ii)and in any other case, at intervals of not more than (a)C is in a long term foster placement and has been in six weeks. that placement for at least one year, and (3) Where regulation 19 applies, the responsible (b)C, being of sufficient age and understanding, agrees authority must ensure that R visits C— to be visited less frequently than required by paragraph (a)at least once a week until the first review carried (2)(c), out in accordance with Part 6, and the responsible authority must ensure that R visits C at (b)thereafter at intervals of not more than six weeks. intervals of no more than 6 months. (3A) Where— (4) Where regulation 24 applies, or where an interim (a)C is in a long term foster placement and has been in care order has been made in relation to C under section that placement for at least one year, and 38 (interim orders) and C is living with P, the (b)C, being of sufficient age and understanding, agrees responsible authority must ensure that R visits C— to be visited less frequently than required by (a)at least once a week until the first review carried out paragraph (2)(c), in accordance with Part 6, and the responsible authority must ensure that R visits C at (b)thereafter at intervals of not more than four weeks. intervals of no more than 6 months. (5) Where a care order has been made in relation to C (4) Where regulation 24 applies, or where an interim under section 31 (care and supervision orders) and C is care order has been made in relation to C under living with P, the responsible authority must ensure section 38 (interim orders) and C is living with P, the that R visits C— responsible authority must ensure that R visits C— (a)within one week of the making of the care order, and (a)at least once a week until the first review carried (b)thereafter at intervals of not more than six weeks. out in accordance with Part 6, and (6) Where C is in the care of the responsible authority (b)thereafter at intervals of not more than four weeks. but another person is responsible for the arrangements (5) Where a care order has been made in relation to C under which C is living for the time being (“C’s living under section 31 (care and supervision orders) and C is arrangements”), the responsible authority must ensure living with P, the responsible authority must ensure that R visits C— that R visits C— (a)within one week of the start of C’s living (a)within one week of the making of the care order, arrangements and within one week of any change to C’s and living arrangements, (b)thereafter at intervals of not more than six weeks. (b)at intervals of not more that six weeks for the first (6) Where C is in the care of the responsible authority year thereafter, and but another person is responsible for the (c)at intervals of not more than three months in any arrangements under which C is living for the time subsequent year. being (“C’s living arrangements”), the responsible (7) In addition to visits in accordance with paragraphs authority must ensure that R visits C— (2) to (6), the responsible authority must ensure that R (a)within one week of the start of C’s living visits C— arrangements and within one week of any change to (a)whenever reasonably requested to do so by— C’s living arrangements, (i)C, (b)at intervals of not more that six weeks for the first (ii)where paragraphs (2), (3), (3A) or (4) apply, the year thereafter, and appropriate person, or (c)at intervals of not more than three months in any (iii)where paragraph (5) applies, the person responsible subsequent year. for C’s living arrangements, (7) In addition to visits in accordance with paragraphs (b)within one week of first receiving notification under (2) to (6), the responsible authority must ensure that R section 30A of the Care Standards Act 2000(1) visits C— (notification of matters relating to persons carrying on (a)whenever reasonably requested to do so by— or managing certain establishments or agencies), where (i)C, the children’s home in which C is placed for the time (ii)where paragraphs (2), (3), (3A) or (4) apply, the being is referred to in that notification. appropriate person, or (iii)where paragraph (5) applies, the person responsible for C’s living arrangements,

21 (b)within one week of first receiving notification under section 30A of the Care Standards Act 2000(1) (notification of matters relating to persons carrying on or managing certain establishments or agencies), where the children’s home in which C is placed for the time being is referred to in that notification.

NB Provision relating to telephone, video-link or other electronic means, although understandable in current circumstances, is counted as a dilution because the private caveat has not been added, as it has in Children’s Homes Regulations below. 37 Timing of reviews Timing of reviews 33.—(1) The responsible authority must first review C’s 33.—(1) The responsible authority must first review C’s case within 20 working days of the date on which C case within 20 working days of the date on which C becomes looked after. becomes looked after. (2) The second review must be carried out not more (2) The second review must be carried out not more than three months after the first, and subsequent than three months after the first, and subsequent reviews must be carried out at intervals of not more reviews must be carried out at intervals of not more than six months. than six months where reasonably practicable thereafter. 38 The role of the IRO The role of the IRO 36.—(1) The IRO must— 36.—(1) The IRO must— (a)so far as reasonably practicable, attend any meeting (a)so far as reasonably practicable, attend any meeting held as part of the review (“the review meeting”) and, if held as part of the review (“the review meeting”) and, attending the review meeting, chair it, if attending the review meeting, chair it, (b)speak to C in private about the matters to be (b)speak to C in private about the matters to be considered at the review unless C, being of sufficient considered at the review unless C, being of sufficient understanding to do so, refuses or the IRO considers it understanding to do so, refuses or the IRO considers it inappropriate having regard to C’s age and inappropriate having regard to C’s age and understanding, understanding, (c)ensure that, so far as reasonably practicable, the (c)ensure that, so far as reasonably practicable, the wishes and feelings of C’s parents, or any person who is wishes and feelings of C’s parents, or any person who not C’s parent but who has parental responsibility for C, is not C’s parent but who has parental responsibility have been ascertained and taken into account, and for C, have been ascertained and taken into account, (d)ensure that the review is conducted in accordance and with this Part and in particular— (d)ensure that the review is conducted in accordance (i)that the persons responsible for implementing any with this Part and in particular— decision taken in consequence of the review are (i)that the persons responsible for implementing any identified, and decision taken in consequence of the review are (ii)that any failure to review the case in accordance identified, and with this Part or to take proper steps to implement (ii)that any failure to review the case in accordance decisions taken in consequence of the review are with this Part or to take proper steps to implement brought to the attention of an officer at an appropriate decisions taken in consequence of the review are level of seniority within the responsible authority. brought to the attention of an officer at an (2) The IRO may, if not satisfied that sufficient appropriate level of seniority within the responsible information has been provided by the responsible authority. authority to enable proper consideration of any of the (2) The IRO may, if not satisfied that sufficient matters in Schedule 7, adjourn the review meeting once information has been provided by the responsible for not more than 20 working days, and no proposal authority to enable proper consideration of any of the considered in the course of the review may be matters in Schedule 7, adjourn the review meeting implemented until the review has been completed. once for not more than 20 working days, and no proposal considered in the course of the review may be implemented until the review has been completed. (2) The IRO may adjourn the review meeting for not more than 20 working days, and no proposal

22 considered in the course of the meeting may be implemented until the review has been completed. … Assessment of needs Assessment of needs 42.—(1) The responsible authority must complete the 42.—(1) The responsible authority must complete the assessment of C’s needs in accordance with paragraph assessment of C’s needs in accordance with paragraph 19B(4) of Schedule 2 to the 1989 Act not more than 19B(4) of Schedule 2 to the 1989 Act not more than three months after the date on which C reaches the age three months after the date on which C reaches the of 16 or becomes an eligible child after that age. age of 16 or becomes an eligible child after that age. (2) In carrying out their assessment of C’s likely needs (2) In carrying out their assessment of C’s likely needs when C ceases to be looked after, the responsible when C ceases to be looked after, the responsible authority must take account of the following authority must take account of the following considerations— considerations— (a)C’s state of health (including physical, emotional and (a)C’s state of health (including physical, emotional mental health) and development, and mental health) and development, (b)C’s continuing need for education, training or (b)C’s continuing need for education, training or employment, employment, (c)the support that will be available to C from C’s (c)the support that will be available to C from C’s parents and other connected persons, parents and other connected persons, (d)C’s actual and anticipated financial resources and (d)C’s actual and anticipated financial resources and capacity to manage personal finances independently, capacity to manage personal finances independently, (e)the extent to which C possesses the practical and (e)the extent to which C possesses the practical and other skills necessary for independent living, other skills necessary for independent living, (f)C’s need for continuing care, support and (f)C’s need for continuing care, support and accommodation, accommodation, (g)the wishes and feelings of— (g)the wishes and feelings of— (i)C, (i)C, (ii)any parent of C’s and any person who is not C’s (ii)any parent of C’s and any person who is not C’s parent but who has parental responsibility for C, parent but who has parental responsibility for C, (iii)the appropriate person, (iii)the appropriate person, (h)the views of— (h)the views of— (i)any person or educational institution that provides C (i)any person or educational institution that provides C with education or training and, if C has a statement of with education or training and, if C has a statement of special educational needs, the local authority who special educational needs, the local authority who maintain the statement (if different)(1), maintain the statement (if different)(1), (ii)the IRO, (ii)the IRO, (iii)any person providing health (whether physical, (iii)any person providing health (whether physical, emotional or mental health) or dental care or emotional or mental health) or dental care or treatment to C, treatment to C, (iv)the personal adviser appointed for C, and (iv)the personal adviser appointed for C, and (v)any other person whose views the responsible (v)any other person whose views the responsible authority, or C, consider may be relevant. authority, or C, consider may be relevant. 39 Application of these Regulations with modifications to Application of these Regulations with modifications children on remand to children on remand 47C.—(1) Part 3 (placements) applies with the following 47C.—(1) Part 3 (placements) applies with the modifications. following modifications. (2) Where C is remanded to YDA, regulations 9, 10, 11 (2) Where C is remanded to YDA, regulations 9, 10, 11 and 14 do not apply, and instead— and 14 do not apply, and instead— (a)the responsible authority must prepare a plan for the (a)the responsible authority must prepare a plan for remand (“the detention placement plan”) within ten the remand (“the detention placement plan”) within working days of C’s remand to YDA which— ten working days of C’s remand to YDA which— (i)sets out how the YDA will meet C’s needs, and (i)sets out how the YDA will meet C’s needs, and (ii)includes the address of the YDA and all the matters (ii)includes the address of the YDA and all the matters specified in Schedule 2A, specified in Schedule 2A, (b)the responsible authority must ensure— (b)the responsible authority must ensure— (i)that C’s wishes and feelings have been ascertained (i)that C’s wishes and feelings have been ascertained and given due consideration, and given due consideration,

23 (ii)where C was looked after immediately before being (ii)where C was looked after immediately before being so remanded, that the IRO has been informed of the so remanded, that the IRO has been informed of the remand, remand, (c)the detention placement plan must be agreed with, (c)the detention placement plan must be agreed with, and signed by, the director, governor or registered and signed by, the director, governor or registered manager (as the case may be) of the YDA. manager (as the case may be) of the YDA. (3) Where C is remanded to local authority (3) Where C is remanded to local authority accommodation, regulation 9(1) applies with the accommodation, regulation 9(1) applies with the modification that the placement plan must be prepared modification that the placement plan must be within five working days of C being so remanded. prepared within five working days of as soon as is reasonably practicable from C being so remanded. 40- Application of these Regulations with modifications to Application of these Regulations with modifications 42 short breaks to short breaks 48.—(1) In the circumstances set out in paragraph (2) 48.—(1) In the circumstances set out in paragraph (2) these Regulations apply with the modifications set out these Regulations apply with the modifications set out in paragraph (3). in paragraph (3). (2) The circumstances are that— (2) The circumstances are that— (a)C is not in the care of the responsible authority, (a)C is not in the care of the responsible authority, (b)the responsible authority have arranged to place C in (b)the responsible authority have arranged to place C a series of short-term placements with the same person in a series of short-term placements with the same or in the same accommodation (“short breaks”), and person or in the same accommodation (“short (c)the arrangement is such that— breaks”), and (i)no single placement is intended to last for longer than (c)the arrangement is such that— 17 days, (i)no single placement is intended to last for longer (ii)at the end of each such placement, C returns to the than 17 days, care of C’s parent or a person who is not C’s parent but (ii)at the end of each such placement, C returns to the who has parental responsibility for C, and care of C’s parent or a person who is not C’s parent but (iii)the short breaks do not exceed 75 days in total in who has parental responsibility for C, and any period of 12 months. (iii)the short breaks do not exceed 75 days in total in (3) The modifications are that— any period of 12 months. (a)regulations 5 and 9 do not apply, but instead the (c)the arrangement is such that— care plan must set out the arrangements made to meet (i)at the end of each placement, C returns to the care C’s needs with particular regard to— of C’s parent or a person who is not C’s parent but (i)C’s health and emotional and behavioural who has parental responsibility for C, and development, in particular in relation to any disability C (ii)the short breaks do not exceed 75 days in total in may have, any period of 12 months. (ii)promoting contact between C and C’s parents and (3) The modifications are that— any other person who is not C’s parent but who has (a)regulations 5 and 9 do not apply, but instead the parental responsibility for C, during any period when C care plan must set out the arrangements made to is placed, meet C’s needs with particular regard to— (iii)C’s leisure interests, and (i)C’s health and emotional and behavioural (iv)promoting C’s educational achievement, development, in particular in relation to any disability and must include the name and address of C’s C may have, registered medical practitioner, and the information set (ii)promoting contact between C and C’s parents and out in paragraph 3 of Schedule 2, where appropriate, any other person who is not C’s parent but who has (b)regulations 7, 13 and 49(2)(b) do not apply, parental responsibility for C, during any period when C (c)regulation 28(2) does not apply, but instead the is placed, responsible authority must ensure that R visits C on (iii)C’s leisure interests, and days when C is in fact placed, at regular intervals to be (iv)promoting C’s educational achievement, agreed with the IRO and C’s parents (or any person who and must include the name and address of C’s is not C’s parent but who has parental responsibility for registered medical practitioner, and the information C) and recorded in the care plan before the start of the set out in paragraph 3 of Schedule 2, where first placement, and in any event— appropriate, (i)the first visit must take place within three months of (b)regulations 7, 13 and 49(2)(b) do not apply, the start of the first placement, or as soon as (c)regulation 28(2) does not apply, but instead the practicable thereafter, and responsible authority must ensure that R visits C on

24 (ii)subsequent visits must take place at intervals of not days when C is in fact placed, at regular intervals to be more than six months, for as long as the short breaks agreed with the IRO and C’s parents (or any person continue, who is not C’s parent but who has parental (d)regulation 33 does not apply, but instead— responsibility for C) and recorded in the care plan (i)the responsible authority must first review C’s case before the start of the first placement, and in any within three months of the start of the first placement, event— and (i)the first visit must take place within three months of (ii)the second and subsequent reviews must be carried the start of the first placement, or as soon as out at intervals of not more than six months. practicable thereafter, and (ii)subsequent visits must take place at intervals of not more than six months, for as long as the short breaks continue, (d)regulation 33 does not apply, but instead— (i)the responsible authority must first review C’s case within three months of the start of the first placement, and (ii)the second and subsequent reviews must be carried out at intervals of not more than six months. (c)regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C at regular intervals during any short break to be agreed with the IRO and C’s parents (or any person who is not C’s parent but has parental responsibility for C), (d)regulation 33 does not apply, but instead the responsible authority must first review C’s case as soon as is reasonably practicable from the start of the first placement, and subsequent reviews must be carried out at regular intervals during any short break, (e)any visit required by this regulation may be conducted by telephone, video-link or other electronic means. … SCHEDULE 4 SCHEDULE 4 Matters to be taken into account when assessing the Matters to be taken into account when assessing the suitability of a connected person to care for C suitability of a connected any person to care for C 1. In respect of the connected person— 1. In respect of the connected person— (a)the nature and quality of any existing relationship (a)the nature and quality of any existing relationship with C, with C, (b)their capacity to care for children and in particular in (b)their capacity to care for children and in particular relation to C to— in relation to C to— (i)provide for C’s physical needs and appropriate (i)provide for C’s physical needs and appropriate medical and dental care, medical and dental care, (ii)protect C adequately from harm or danger including (ii)protect C adequately from harm or danger including from any person who presents a risk of harm to C, from any person who presents a risk of harm to C, (iii)ensure that the accommodation and home (iii)ensure that the accommodation and home environment is suitable with regard to the age and environment is suitable with regard to the age and developmental stage of C, developmental stage of C, (iv)promote C’s learning and development, and (iv)promote C’s learning and development, and (v)provide a stable family environment which will (v)provide a stable family environment which will promote secure attachments for C, including promoting promote secure attachments for C, including positive contact with P and other connected persons, promoting positive contact with P and other unless to do this is not consistent with the duty to connected persons, unless to do this is not consistent safeguard and promote C’s welfare, with the duty to safeguard and promote C’s welfare, (c)their state of health including their physical, (c)their state of health including their physical, emotional and mental health and medical history emotional and mental health and medical history including any current or past issues of domestic including any current or past issues of domestic violence, substance misuse or mental health problems, violence, substance misuse or mental health problems,

25 (d)their family relationships and the composition of (d)their family relationships and the composition of their household, including particulars of— their household, including particulars of— (i)the identity of all other members of the household, (i)the identity of all other members of the household, including their age and the nature of their relationship including their age and the nature of their relationship with the connected person and with each other, with the connected person and with each other, including any sexual relationship, including any sexual relationship, (ii)any relationship with any person who is a parent of (ii)any relationship with any person who is a parent of C, C, (iii)any relationship between C and other members of (iii)any relationship between C and other members of the household the household (iv)other adults not being members of the household (iv)other adults not being members of the household who are likely to have regular contact with C, and who are likely to have regular contact with C, and (v)any current or previous domestic violence between (v)any current or previous domestic violence between members of the household, including the connected members of the household, including the connected person, person, (e)their family history, including— (e)their family history, including— (i)particulars of their childhood and upbringing (i)particulars of their childhood and upbringing including the strengths and difficulties of their parents including the strengths and difficulties of their parents or other persons who cared for them, or other persons who cared for them, (ii)their relationships with their parents and siblings, (ii)their relationships with their parents and siblings, and their relationships with each other, and their relationships with each other, (iii)their educational achievement and any specific (iii)their educational achievement and any specific learning difficulty or disability, learning difficulty or disability, (iv)a chronology of significant life events, and (iv)a chronology of significant life events, and (v)particulars of other relatives and their relationships (v)particulars of other relatives and their relationships with C and the connected person, with C and the connected person, (f)particulars of any criminal offences of which they v)particulars of relatives and any relationships with C have been convicted or in respect of which they have and the person, been cautioned, (f)particulars of any criminal offences of which they (g)their past and present employment and other have been convicted or in respect of which they have sources of income, and been cautioned, (h)the nature of the neighbourhood in which their (g)their past and present employment and other home is situated and resources available in the sources of income, and community to support C and the connected person. (h)the nature of the neighbourhood in which their home is situated and resources available in the community to support C and the connected person. FOSTERING SERVICES (ENGLAND) REGULATIONS 2011 43 Review of statement of purpose and children’s guide Review of statement of purpose and children’s guide 4. The fostering service provider must— 4. The fostering service provider must— (a)keep under review and, where appropriate, revise (a)keep under review and, where appropriate, revise the statement of purpose and children’s guide, the statement of purpose and children’s guide, (b)notify the Chief Inspector of any such revision within (b)notify the Chief Inspector of any such revision 28 days, and within 28 days as soon as is reasonably practicable, (c)if the children’s guide is revised, supply a copy to and each foster parent approved by the fostering service (c)if the children’s guide is revised, supply a copy to provider, and to each child placed by them (subject to each foster parent approved by the fostering service the child’s age and understanding). provider, and to each child placed by them (subject to the child’s age and understanding). 44 Appointment of manager Appointment of manager 6.—(1) The registered provider must appoint an 6.—(1) The registered provider must appoint an individual to manage the fostering agency. individual to manage the fostering agency. (2) Where the registered provider is— (2) Where the registered provider is— (a)an organisation, it must not appoint the person who (a)an organisation, it must not appoint the person who is the responsible individual as the manager, is the responsible individual as the manager, (b)a partnership, it must not appoint any of the (b)a partnership, it must not appoint any of the partners as the manager. partners as the manager.

26 (3) The registered provider must notify the Chief (3) The registered provider must notify the Chief Inspector without delay of— Inspector without delay as soon as is reasonably (a)the name of any person appointed in accordance practicable of— with this regulation, and (a)the name of any person appointed in accordance (b)the date on which the appointment is to take effect. with this regulation, and (b)the date on which the appointment is to take effect. 45 Notification of offences Notification of offences 9. Where the registered person or the responsible 9. Where the registered person or the responsible individual is convicted of any criminal offence, whether individual is convicted of any criminal offence, in England and Wales or elsewhere, that person must whether in England and Wales or elsewhere, that without delay give notice in writing to the Chief person must without delay as soon as is reasonably Inspector of— practicable give notice in writing to the Chief Inspector of— (a)the date and place of the conviction, (a)the date and place of the conviction, (b)the offence of which they were convicted, and (b)the offence of which they were convicted, and (c)the penalty imposed on them in respect of the (c)the penalty imposed on them in respect of the offence. offence. 46 Manager Manager 10.—(1) Each local authority must appoint one of its 10.—(1) Each local authority must appoint one of its officers to manage the local authority fostering service, officers to manage the local authority fostering and must notify the Chief Inspector without delay of— service, and must notify the Chief Inspector without (a)the name of the person appointed, and delay as soon as is reasonably practicable of— (b)the date on which the appointment is to take effect. (a)the name of the person appointed, and (2) Regulations 7, 8 and 9 apply to the manager of a (b)the date on which the appointment is to take effect. local authority fostering service, in relation to that (2) Regulations 7, 8 and 9 apply to the manager of a service, as they apply to the manager of a fostering local authority fostering service, in relation to that agency in relation to the fostering agency. service, as they apply to the manager of a fostering (3) The local authority must notify the Chief Inspector agency in relation to the fostering agency. without delay if the person appointed under paragraph (3) The local authority must notify the Chief Inspector (1) ceases to manage the local authority fostering without delay if the person appointed under service. paragraph (1) ceases to manage the local authority fostering service. 47- Constitution and membership of fostering panel Constitution and membership of fostering panel 48 23.—(1) The fostering service provider must maintain a 23.—(1) The fostering service provider must maintain list of persons who are considered by them to be a list of persons who are considered by them to be suitable to be members of a fostering panel (“the suitable to be members of a fostering panel (“the central list”), including one or more social workers who central list”), including one or more social workers have at least three years’ relevant post-qualifying who have at least three years’ relevant post-qualifying experience. experience. (2) A person who is included in the central list may at (2) A person who is included in the central list may at any time ask to be removed from the central list by any time ask to be removed from the central list by giving one month’s notice in writing. giving one month’s notice in writing. (3) Where the fostering service provider are of the (3) Where the fostering service provider are of the opinion that a person included in the central list is opinion that a person included in the central list is unsuitable or unable to remain on the list, the fostering unsuitable or unable to remain on the list, the service provider may remove that person’s name from fostering service provider may remove that person’s the list by giving them one month’s notice in writing. name from the list by giving them one month’s notice (4) Subject to paragraph (5), the fostering service in writing. provider must constitute one or more fostering panels, (4) Subject to paragraph (5), the fostering service as necessary, to perform the functions of a fostering provider must constitute may constitute one or more panel under these Regulations, and must appoint panel fostering panels, as necessary, to perform the members including— functions of a fostering panel under these Regulations, (i)a person to chair the panel who, in the case of any and where a panel is constituted, the fostering service appointment made after 1st October 2011, must be provider must appoint panel members including— independent of the fostering service provider, and

27 (ii)one or two persons who may act as chair if the (i)a person to chair the panel who, in the case of any person appointed to chair the panel is absent or that appointment made after 1st October 2011, must be office is vacant (“the vice chairs”) independent of the fostering service provider, and from the persons on the central list. (ii)one or two persons who may act as chair if the (5) A fostering panel may be constituted jointly by any person appointed to chair the panel is absent or that two or more fostering service providers, in which case office is vacant (“the vice chairs”) from the persons on the appointment of members must be made by the central list. agreement between the fostering service providers. (5) A fostering panel may be constituted jointly by any (6) A local authority may pay to any member of a two or more fostering service providers, in which case fostering panel constituted by them such fee as they the appointment of members must be made by may determine, being a fee of a reasonable amount. agreement between the fostering service providers. (7) The fostering service provider must ensure that the (6) A local authority may pay to any member of a fostering panel has sufficient members, and that fostering panel constituted by them such fee as they individual members have between them the experience may determine, being a fee of a reasonable amount. and expertise necessary, to effectively discharge the (7) The fostering service provider must ensure that the functions of the panel. fostering panel has sufficient members, and that (8) Any fostering panel member may resign at any time individual members have between them the by giving one month’s notice in writing to the fostering experience and expertise necessary, to effectively service provider which appointed them. discharge the functions of the panel. (9) Where a fostering service provider are of the (8) Any fostering panel member may resign at any time opinion that any member of the fostering panel by giving one month’s notice in writing to the fostering appointed by them is unsuitable or unable to continue service provider which appointed them. as a panel member, they may terminate that member’s (9) Where a fostering service provider are of the appointment at any time by giving the member notice opinion that any member of the fostering panel in writing. appointed by them is unsuitable or unable to continue (10) For the purposes of this regulation and regulation as a panel member, they may terminate that 24— member’s appointment at any time by giving the (a)a person is not independent of the fostering service member notice in writing. provider if— (10) For the purposes of this regulation and regulation (i)they are currently approved by the fostering service 24— provider as a foster parent, (a)a person is not independent of the fostering service (ii)in the case of a local authority fostering service, the provider if— person is an elected member of that local authority, or (i)they are currently approved by the fostering service is employed by that local authority for the purposes of provider as a foster parent, the fostering service or for the purposes of any of that (ii)in the case of a local authority fostering service, the local authority’s functions relating to the protection or person is an elected member of that local authority, or placement of children, or is employed by that local authority for the purposes of (iii)in the case of a fostering agency, the person is the fostering service or for the purposes of any of that employed by, or is a trustee of, that fostering agency, local authority’s functions relating to the protection or and placement of children, or (b)‘social worker’ means a person who is registered as a (iii)in the case of a fostering agency, the person is social worker in a register maintained by the General employed by, or is a trustee of, that fostering agency, Social Care Council or by the Care Council for Wales and under section 56 of the Care Standards Act 2000(1), or (b)‘social worker’ means a person who is registered as in a corresponding register maintained under the law of a social worker in a register maintained by the General Scotland or Northern Ireland. Social Care Council or by the Care Council for Wales under section 56 of the Care Standards Act 2000(1), or in a corresponding register maintained under the law of Scotland or Northern Ireland. 49 Meetings of fostering panel Meetings of fostering panel 24.—(1) No business may be conducted by a fostering 24.—(1) No business may be conducted by a fostering panel unless at least the following meet as the panel— panel unless at least the following meet as the panel— (i)either the person appointed to chair the panel or one (i)either the person appointed to chair the panel or of the vice chairs, one of the vice chairs, (ii)one member who is a social worker who has at least (ii)one member who is a social worker who has at least three years’ relevant post-qualifying experience, and three years’ relevant post-qualifying experience, and

28 (iii)three, or in the case of a fostering panel established (iii)three, or in the case of a fostering panel established under regulation 23(5) four, other members, and under regulation 23(5) four, other members, and where the chair is not present and the vice chair who is where the chair is not present and the vice chair who present is not independent of the fostering service is present is not independent of the fostering service provider, at least one of the other panel members must provider, at least one of the other panel members be independent of the fostering service provider. must be independent of the fostering service provider. one other independent person, and 50 Functions of fostering panel Functions of fostering panel 25.—(1) The functions of the fostering panel in respect 25.—(1) The functions of the fostering panel in respect of cases referred to it by the fostering service provider of cases referred to it by the fostering service provider are— are— (a)to consider each application for approval and to (a)to consider each application for approval and to recommend whether or not a person is suitable to be a recommend whether or not a person is suitable to be a foster parent, foster parent, (b)where it recommends approval of an application, to (b)where it recommends approval of an application, to recommend any terms on which the approval is to be recommend any terms on which the approval is to be given, given, (c)to recommend whether or not a person remains (c)to recommend whether or not a person remains suitable to be a foster parent, and whether or not the suitable to be a foster parent, and whether or not the terms of their approval (if any) remain appropriate— terms of their approval (if any) remain appropriate— (i)on the first review carried out in accordance with (i)on the first review carried out in accordance with regulation 28(2), and regulation 28(2), and (ii)on the occasion of any other review, if requested to (ii)on the occasion of any other review, if requested to do so by the fostering service provider in accordance do so by the fostering service provider in accordance with regulation 28(5), and with regulation 28(5), and (d)to consider any case referred to it under regulation (d)to consider any case referred to it under regulation 27(9) or 28(10). 27(9) or 28(10). (2) In considering what recommendation to make under (2) In considering what recommendation to make paragraph (1), the fostering panel— under paragraph (1), the fostering panel— (a)must consider and take into account all of the (a)must consider and take into account all of the information passed to it in accordance with regulation information passed to it in accordance with regulation 26, 27 or 28 (as the case may be), 26, 27 or 28 (as the case may be), (b)may request the fostering service provider to obtain (b)may request the fostering service provider to obtain any other relevant information or to provide such other any other relevant information or to provide such assistance as the fostering panel considers necessary, other assistance as the fostering panel considers and necessary, and (c)may obtain such legal advice or medical advice as it (c)may obtain such legal advice or medical advice as it considers necessary. considers necessary. (3) The fostering service provider must obtain such (3) The fostering service provider must obtain such information as the fostering panel considers necessary information as the fostering panel considers necessary and send that information to the panel, and provide and send that information to the panel, and provide such other assistance as the fostering panel may such other assistance as the fostering panel may request, so far as is reasonably practicable. request, so far as is reasonably practicable. (4) The fostering panel must also— (4) The fostering panel must also may also— (a)advise, where appropriate, on the procedures under (a)advise, where appropriate, on the procedures under which reviews in accordance with regulation 28 are which reviews in accordance with regulation 28 are carried out by the fostering service provider, and carried out by the fostering service provider, and periodically monitor their effectiveness, periodically monitor their effectiveness, (b)oversee the conduct of assessments carried out by (b)oversee the conduct of assessments carried out by the fostering service provider, and the fostering service provider, and (c)give advice, and make recommendations, on such (c)give advice, and make recommendations, on such other matters or cases as the fostering service provider other matters or cases as the fostering service may refer to it. provider may refer to it. (5) In this regulation “recommend” means recommend (5) In this regulation “recommend” means recommend to the fostering service provider. to the fostering service provider.

29 51 Assessment of prospective foster parents Assessment of prospective foster parents (1) Where a person (“X”) applies to become a foster (1) Where a person (“X”) applies to become a foster parent and the fostering service provider decide to parent and the fostering service provider decide to assess X’s suitability to become a foster parent, any assess X’s suitability to become a foster parent, any such assessment must be carried out in accordance such assessment must be carried out in accordance with this regulation. with this regulation. (1A) Subject to paragraph (1B), the fostering service (1A) Subject to paragraph (1B), the fostering service provider— provider— (a)must, as soon as reasonably practicable, obtain the (a)must, as soon as reasonably practicable, obtain the information specified in Part 1 of Schedule 3 relating to information specified in Part 1 of Schedule 3 relating X and other members of X’s household and family, to X and other members of X’s household and family, (b)where X has been a foster parent within the (b)where X has been a foster parent within the preceding 12 months and was approved as such by preceding 12 months and was approved as such by another fostering service provider, must request a another fostering service provider, must request a written reference from that other fostering service written reference from that other fostering service provider, provider, (c)except in a case where (b) applies and the other (c)except in a case where (b) applies and the other fostering service provider provides the reference fostering service provider provides the reference requested, must interview at least two persons requested, must interview at least two persons nominated by X to provide personal references for X, nominated by X to provide personal references for X, and prepare written reports of the interviews, and prepare written reports of the interviews, (d)except where the fostering service provider is a local (d)except where the fostering service provider is a authority and X lives in the area of that authority, must local authority and X lives in the area of that authority, consult, and take into account the views of, the local must consult, and take into account the views of, the authority in whose area X lives, local authority in whose area X lives, (e)may, where X was approved as a foster parent by (e)may, where X was approved as a foster parent by another fostering service provider and consents, another fostering service provider and consents, request access to the relevant records compiled by that request access to the relevant records compiled by other fostering service provider in relation to X, and that other fostering service provider in relation to X, (f)may, where X has been approved as a prospective and adopter by an adoption agency and consents, request (f)may, where X has been approved as a prospective access to the relevant records compiled by that adopter by an adoption agency and consents, request adoption agency in relation to X. access to the relevant records compiled by that (1B) Where— adoption agency in relation to X. (a)having regard to any information obtained under (1B) Where— paragraph (1A), the fostering service provider decide (a)having regard to any information obtained under that X is not suitable to become a foster parent, or paragraph (1A), the fostering service provider decide (b)X is not suitable to become a foster parent by virtue that X is not suitable to become a foster parent, or of paragraphs (5) to (7), and paragraph (8) does not (b)X is not suitable to become a foster parent by virtue apply, of paragraphs (5) to (7), and paragraph (8) does not the fostering service provider must notify X in writing apply, that X is not suitable to be a foster parent giving their the fostering service provider must notify X in writing reasons for that decision. that X is not suitable to be a foster parent giving their (1C) The notification in paragraph (1B)— reasons for that decision. (a)may be given notwithstanding that the fostering (1C) The notification in paragraph (1B)— service provider has not obtained all the information (a)may be given notwithstanding that the fostering set out in paragraph (1A), and service provider has not obtained all the information (b)may not be given more than 10 working days after set out in paragraph (1A), and the fostering service provider has obtained all the (b)may not be given more than 10 working days must information set out in paragraph (1A). be sent as soon as is reasonably practicable after the (2) Where the fostering service provider have obtained fostering service provider has obtained all the all the information set out in paragraph (1A) and have information set out in paragraph (1A). not given the notification in paragraph (1B) within 10 (2) Where the fostering service provider have obtained working days of doing so, the fostering service provider all the information set out in paragraph (1A) and have must, subject to paragraph (3)— not given the notification in paragraph (1B) within 10 working days of doing so, the fostering service

30 (a)obtain the information specified in Part 2 of Schedule provider must, subject to paragraph (3)— 3 relating to X and other members of X’s household and 2) Subject to paragraphs (2A) and (3), where the any other information they consider relevant, fostering service provider have obtained all the (b)consider whether X is suitable to be a foster parent information set out in paragraph (1A) and have not and whether X’s household is suitable for any child, given the notification in paragraph (1B), the fostering (c)prepare a written report on X which includes the service provider must— following matters— (a)obtain the information specified in Part 2 of (i)the information required by Schedule 3 and any other Schedule 3 relating to X and other members of X’s information the fostering service provider consider household and any other information they consider relevant, relevant, (ii)the fostering service provider’s assessment of X’s (b)consider whether X is suitable to be a foster parent suitability to be a foster parent, and and whether X’s household is suitable for any child, (iii)the fostering service provider’s proposals about any (c)prepare a written report on X which includes the terms of approval, and following matters— (d)notify X that the case is to be referred to the (i)the information required by Schedule 3 and any fostering panel, and give X a copy of the report other information the fostering service provider prepared under subparagraph (c) inviting X to send any consider relevant, observations in writing to the fostering service provider (ii)the fostering service provider’s assessment of X’s within 10 working days beginning with the date on suitability to be a foster parent, and which the notification is sent. (iii)the fostering service provider’s proposals about any (3) Where, having regard to any information obtained terms of approval, and under paragraph 2(a), the fostering service provider (d)decide whether to refer the case to the fostering decide that X is unlikely to be considered suitable to panel or to proceed to make a decision under become a foster parent, it may prepare a written report regulation 27 without such a referral and, where the under paragraph (2)(c) notwithstanding that the case is referred the fostering service provider must fostering service provider may not have obtained all the notify X that the case is to be referred to the fostering information about X which is required by paragraph panel, and give X a copy of the report prepared under (2)(c). subparagraph (c) inviting X to send any observations in (4) At the end of the 10 working days referred to in writing to the fostering service provider within 10 paragraph (2)(d) (or when X’s observations are working days beginning with the date on which the received, whichever is sooner), the fostering service notification is sent. provider must send— (2A) The fostering service provider may comply with (a)the report prepared under paragraph (2)(c), paragraph (2)(a) even if the information required by (b)X’s observations on that report, if any, and paragraphs 2 and 9 of Schedule 3 has yet to be (c)any other relevant information obtained by the obtained. fostering services provider, (3) Where, having regard to any information obtained to the fostering panel. under paragraph 2(a), the fostering service provider decide that X is unlikely to be considered suitable to become a foster parent, it may prepare a written report under paragraph (2)(c) notwithstanding that the fostering service provider may not have obtained all the information about X which is required by paragraph (2)(c). (4) At the end of the 10 working days referred to in paragraph (2)(d) (or when X’s observations are received, whichever is sooner), the fostering service provider must send— 4) As soon as is reasonably practicable after X’s observations are received the fostering service provider must, where the case is being referred to the fostering panel, send— (a)the report prepared under paragraph (2)(c), (b)X’s observations on that report, if any, and (c)any other relevant information obtained by the fostering services provider, to the fostering panel.

31 … Approval of foster parents Approval of foster parents 27.—(1) A fostering service provider must not approve 27.—(1) A fostering service provider must not approve a person who has been approved as a foster parent by a person who has been approved as a foster parent by another fostering service provider where that approval another fostering service provider where that approval has not been terminated. has not been terminated. (2) A fostering service provider must not approve X as a (2) A fostering service provider must not approve X as foster parent unless— a foster parent unless— (a)they have completed their assessment of X’s (a)they have completed their assessment of X’s suitability, and suitability, and (b)the fostering panel has considered the application. (b)where the case was referred to the fostering panel, (3) A fostering service provider must, in deciding the fostering panel has considered the application. whether to approve X as a foster parent and as to the (3) A fostering Where the case was referred to the terms of any approval, take into account the fostering panel a fostering service provider must, in recommendation of the fostering panel. deciding whether to approve X as a foster parent and (4) No member of the fostering panel may take part in as to the terms of any approval, take into account the any decision made by a fostering service provider under recommendation of the fostering panel. paragraph (3). (4) No member of the fostering panel may take part in (5) If a fostering service provider decide to approve X as any decision made by a fostering service provider a foster parent they must— under paragraph (3). (a)give X notice in writing specifying any terms on which (5) If a fostering service provider decide to approve X the approval is given, and as a foster parent they must— (b)enter into a written agreement with X covering the (a)give X notice in writing specifying any terms on matters specified in Schedule 5 (the “foster care which the approval is given, and agreement”). (b)enter into a written agreement with X covering the (6) If a fostering service provider consider that X is not matters specified in Schedule 5 (the “foster care suitable to be a foster parent they must, subject to agreement”). paragraph (7)— (6) If a fostering service provider consider that X is not (a)give X written notice that they propose not to suitable to be a foster parent they must, subject to approve X as suitable to be a foster parent (a paragraph (7)— “qualifying determination”), together with their reasons (a)give X written notice that they propose not to and a copy of the fostering panel’s recommendation, approve X as suitable to be a foster parent (a and “qualifying determination”), together with their (b)advise X that, within 28 days of the date of the reasons and, where the case has been referred to the qualifying determination, X may— fostering panel, a copy of the fostering panel’s (i)submit any written representations that X wishes to recommendation, and make to the fostering service provider, or (b)advise X that, within 28 days of the date of the (ii)apply to the Secretary of State for a review by an qualifying determination, X may— independent review panel of the qualifying (i)submit any written representations that X wishes to determination(1). make to the fostering service provider, or (7) Paragraph (6)(b)(ii) does not apply in a case where (ii)apply to the Secretary of State for a review by an the fostering service provider consider in accordance independent review panel of the qualifying with regulation 26(8) that X is not suitable to be a foster determination(1). parent. (7) Paragraph (6)(b)(ii) does not apply in a case where (8) If, within the period referred to in paragraph the fostering service provider consider in accordance (6)(b)— with regulation 26(8) that X is not suitable to be a (a)the fostering service provider do not receive any foster parent. representations, and (8) If, within the period referred to in paragraph (b)X does not apply to the Secretary of State for a (6)(b)— review by an independent review panel of the (a)the fostering service provider do not receive any qualifying determination, representations, and the fostering service provider may proceed to make (b)X does not apply to the Secretary of State for a their decision. review by an independent review panel of the (9) If within the period referred to in paragraph (6)(b) qualifying determination, the fostering service provider receive any written the fostering service provider may proceed to make representations, they must— their decision.

32 (a)refer the case to the fostering panel for further (9) If within the period referred to in paragraph (6)(b) consideration, and the fostering service provider receive any written (b)make their decision, taking into account any further representations, they must— recommendation made by the fostering panel. a)refer the case to the fostering panel for further (10) If, within the period referred to in paragraph (6)(b), consideration, and X applies to the Secretary of State for a review by an (b)make their decision, taking into account any further independent review panel of the qualifying recommendation made by the fostering panel. determination, the fostering service provider must (9) If within the period referred to in paragraph (6)(b) make their decision taking into account the the fostering provider receive any written recommendation of the fostering panel and the representations, they may refer the case to the recommendation of the independent review panel. fostering panel for further consideration and, where a (11) As soon as practicable after making the decision case is referred, the fostering service provider must referred to in paragraph (8), (9)(b) or (10) (as the case make their decision taking into account any further may be), the fostering service provider must notify X in recommendation made by the fostering panel. writing and— (10) If, within the period referred to in paragraph (a)if the decision is to approve X as a foster parent, (6)(b), X applies to the Secretary of State for a review comply with paragraph (5) in relation to X, or by an independent review panel of the qualifying (b)if the decision is not to approve X, provide written determination, the fostering service provider must reasons for their decision. make their decision taking into account the into account any recommendation of the fostering panel (12) In a case where an independent review panel has and the recommendation of the independent review made a recommendation, the fostering service provider panel. must send a copy of the notification referred to in (11) As soon as practicable after making the decision paragraph (11) to the Secretary of State. referred to in paragraph (8), (9)(b) or (10) (as the case may be), the fostering service provider must notify X in writing and— (a)if the decision is to approve X as a foster parent, comply with paragraph (5) in relation to X, or (b)if the decision is not to approve X, provide written reasons for their decision.

(12) In a case where an independent review panel has made a recommendation, the fostering service provider must send a copy of the notification referred to in paragraph (11) to the Secretary of State. 52 Reviews and terminations of approval Reviews and terminations of approval 28.—(1) The fostering service provider must review the 28.—(1) The fostering service provider must review approval of each foster parent in accordance with this the approval of each foster parent in accordance with regulation. this regulation. (2) A review must take place not more than a year after (2) A review must take place not more than a year approval, and thereafter whenever the fostering service after approval, and thereafter whenever the fostering provider consider it necessary, but at intervals of not service provider consider it necessary, but at intervals more than a year. of not more than a year. (2) A review must, where reasonably practicable, take place not more than a year after approval, and thereafter whenever the fostering service provider consider it necessary. … Case records relating to foster parents and others Case records relating to foster parents and others 30.—(1) A fostering service provider must maintain a 30.—(1) A fostering service provider must maintain a case record for each foster parent approved by them case record for each foster parent approved by them which must include copies of the documents specified which must include copies of the documents specified in paragraph (2) and the information specified in in paragraph (2) and the information specified in paragraph (3). paragraph (3). (2) The documents referred to in paragraph (1) are— (2) The documents referred to in paragraph (1) are— (a)the report prepared under regulation 26(3)(b) and any other reports submitted to the fostering panel,

33 (b)any recommendations made by the fostering panel, (a)the report prepared under regulation 26(3)(b) and (c)the notice of approval given under regulation any other reports submitted to the fostering panel (if 27(5)(a), any), (d)the foster care agreement, (b)any recommendations made by the fostering panel, (e)any report of a review of approval prepared under (c)the notice of approval given under regulation regulation 28(4), and 27(5)(a), (f)any notice given under regulation 28(12). (d)the foster care agreement, (e)any report of a review of approval prepared under regulation 28(4), and (f)any notice given under regulation 28(12). 53 Application of these Regulations with modifications to Application of these Regulations with modifications short breaks to short breaks 42.—(1) In the circumstances set out in paragraph (2), 42.—(1) In the circumstances set out in paragraph (2), these Regulations apply in relation to a child with the these Regulations apply in relation to a child with the modifications set out in paragraph (3). modifications set out in paragraph (3). (2) The circumstances are that the child— (2) The circumstances are that the child— (a)is not in the care of a local authority, and (a)is not in the care of a local authority, and (b)is placed in a series of short-term placements with (b)is placed in a series of short-term placements with the same foster parent (“short breaks”), where— the same foster parent (“short breaks”), where— (i)no single placement is intended to last for more than (i)no single placement is intended to last for more than 17 days, 17 days, (ii)at the end of each such placement the child returns (ii)at the end of each such placement the child returns to the care of the child’s parent or a person who is not to the care of the child’s parent or a person who is not his parent but who has parental responsibility for the his parent but who has parental responsibility for the child, child, (iii)the short breaks do not exceed 75 days in total in (iii)the short breaks do not exceed 75 days in total in any period of 12 months. any period of 12 months. (3) The modifications are that regulations 14, 15(2)(a) (3) The modifications are that regulations 14, 15(2)(a) and (d), and 16 do not apply in relation to the child. and (d), and 16 do not apply in relation to the child. 54 SCHEDULE 3 SCHEDULE 3 Information as to prospective foster parent (“X”) and Information as to prospective foster parent (“X”) and other members of their household and family other members of their household and family PART 1 PART 1 1. Full name, address and date of birth. 1. Full name, address and date of birth. 2. Details of health (supported by a medical report). 2. Details of health (supported by a medical report). 55 SCHEDULE 7 SCHEDULE 7 Events and notifications Events and notifications Outbreak at the home of a foster parent of any Outbreak at the home of a foster parent of any infectious disease which in the opinion of a general infectious disease which in the opinion of a general practitioner attending the home is sufficiently serious practitioner attending the home is sufficiently serious to be so notified [duty to notify Chief Inspector] to be so notified [duty to notify Chief Inspector [removed] CHILDREN ACT 2004 (JOINT AREA REVIEWS) REGULATIONS 2015 56 Written statement of proposed action Written statement of proposed action 4.—(1) This regulation applies where the Chief 4.—(1) This regulation applies where the Chief Inspector of Schools makes a determination under Inspector of Schools makes a determination under regulation 3(3)(b). regulation 3(3)(b). (2) The principal authority must make the written (2) The principal authority must make the written statement of proposed action within 70 working days of statement of proposed action within 70 working days receiving the report under regulation 3. or as soon as is reasonably practicable of receiving the report under regulation 3. CHILDREN’S HOMES (ENGLAND) REGULATIONS 2015 57 The quality and purpose of care standard The quality and purpose of care standard 6.—(1) The quality and purpose of care standard is that 6.—(1) The quality and purpose of care standard is children receive care from staff who— that children receive care from staff who—

34 (a)understand the children’s home’s overall aims and (a)understand the children’s home’s overall aims and the outcomes it seeks to achieve for children; the outcomes it seeks to achieve for children; (b)use this understanding to deliver care that meets (b)use this understanding to deliver care that meets children’s needs and supports them to fulfil their children’s needs and supports them to fulfil their potential. potential. (2) In particular, the standard in paragraph (1) requires (2) In particular, the standard in paragraph (1) requires the registered person to— the registered person to— (a)understand and apply the home’s statement of (a)understand and apply the home’s statement of purpose; purpose; (b)ensure that staff— (b)ensure that staff— (i)understand and apply the home’s statement of (i)understand and apply the home’s statement of purpose; purpose; (ii)protect and promote each child’s welfare; (ii)protect and promote each child’s welfare; (iii)treat each child with dignity and respect; (iii)treat each child with dignity and respect; (iv)provide personalised care that meets each child’s (iv)provide personalised care that meets each child’s needs, as recorded in the child’s relevant plans, taking needs, as recorded in the child’s relevant plans, taking account of the child’s background; account of the child’s background; (v)help each child to understand and manage the (v)help each child to understand and manage the impact of any experience of abuse or neglect; impact of any experience of abuse or neglect; (vi)help each child to develop resilience and skills that (vi)help each child to develop resilience and skills that prepare the child to return home, to live in a new prepare the child to return home, to live in a new placement or to live independently as an adult; placement or to live independently as an adult; (vii)provide to children living in the home the physical (vii)provide to children living in the home the physical necessities they need in order to live there comfortably; necessities they need in order to live there comfortably; (viii)provide to children personal items that are (viii)provide to children personal items that are appropriate for their age and understanding; and appropriate for their age and understanding; and (ix)make decisions about the day-to-day arrangements (ix)make decisions about the day-to-day arrangements for each child, in accordance with the child’s relevant for each child, in accordance with the child’s relevant plans, which give the child an appropriate degree of plans, which give the child an appropriate degree of freedom and choice; freedom and choice; (c)ensure that the premises used for the purposes of (c)ensure that the premises used for the purposes of the home are designed and furnished so as to— the home are designed and furnished so as to— (i)meet the needs of each child; and (i)meet the needs of each child; and (ii)enable each child to participate in the daily life of the (ii)enable each child to participate in the daily life of home; and the home; and (d)ensure that any care that is arranged or provided for (d)ensure that any care that is arranged or provided a child that— for a child that— (i)relates to the child’s development (within the (i)relates to the child’s development (within the meaning of section 17(11) of the Children Act 1989) or meaning of section 17(11) of the Children Act 1989) or health; and health; and (ii)is not arranged or provided as part of the health (ii)is not arranged or provided as part of the health service continued under section 1(1) of the National service continued under section 1(1) of the National Health Service Act 2006(1), Health Service Act 2006(1), satisfies the conditions in paragraph (3). satisfies the conditions in paragraph (3). (3) The conditions are— (3) The conditions are— (a)that the care is approved, and kept under review (a)that the care is approved, and kept under review throughout its duration, by the placing authority; throughout its duration, by the placing authority; (b)that the care meets the child’s needs; (b)that the care meets the child’s needs; (c)that the care is delivered by a person who— (c)as far as reasonably practicable that the care is (i)has the experience, knowledge and skills to deliver delivered by a person who— that care; and (i)has the experience, knowledge and skills to deliver (ii)is under the supervision of a person who is that care; and appropriately skilled and qualified to supervise that (ii)is under the supervision of a person who is care; and appropriately skilled and qualified to supervise that care; and

35 (d)that the registered person keeps the child’s general (d)that the registered person keeps the child’s general medical practitioner informed, as necessary, about the medical practitioner informed, as necessary, about the progress of the care throughout its duration. progress of the care throughout its duration. 58 The education standard The education standard 8.—(1) The education standard is that children make 8.—(1) The education standard is that children make measurable progress towards achieving their measurable progress towards achieving their educational potential and are helped to do so. educational potential and are helped to do so. (2) In particular, the standard in paragraph (1) requires (2) In particular, the standard in paragraph (1) requires the registered person to ensure— the registered person to use reasonable endeavours to (a)that staff— ensure— (i)help each child to achieve the child’s education and (a)that staff— training targets, as recorded in the child’s relevant (i)help each child to achieve the child’s education and plans; training targets, as recorded in the child’s relevant (ii)support each child’s learning and development, plans; including helping the child to develop independent (ii)support each child’s learning and development, study skills and, where appropriate, helping the child to including helping the child to develop independent complete independent study; study skills and, where appropriate, helping the child (iii)understand the barriers to learning that each child to complete independent study; may face and take appropriate action to help the child (iii)understand the barriers to learning that each child to overcome any such barriers; may face and take appropriate action to help the child (iv)help each child to understand the importance and to overcome any such barriers; value of education, learning, training and employment; (iv)help each child to understand the importance and (v)promote opportunities for each child to learn value of education, learning, training and employment; informally; (v)promote opportunities for each child to learn (vi)maintain regular contact with each child’s education informally; and training provider, including engaging with the (vi)maintain regular contact with each child’s provider and the placing authority to support the child’s education and training provider, including engaging education and training and to maximise the child’s with the provider and the placing authority to support achievement; the child’s education and training and to maximise the (vii)raise any need for further assessment or specialist child’s achievement; provision in relation to a child with the child’s education (vii)raise any need for further assessment or specialist or training provider and the child’s placing authority; provision in relation to a child with the child’s (viii)help a child who is excluded from school, or who is education or training provider and the child’s placing of compulsory school age but not attending school, to authority; access educational and training support throughout the (viii)help a child who is excluded from school, or who is period of exclusion or non-attendance and to return to of compulsory school age but not attending school, to school as soon as possible; access educational and training support throughout (ix)help each child who is above compulsory school age the period of exclusion or non-attendance and to to participate in further education, training or return to school as soon as possible; employment and to prepare for future care, education (ix)help each child who is above compulsory school age or employment; to participate in further education, training or (x)help each child to attend education or training in employment and to prepare for future care, education accordance with the expectations in the child’s relevant or employment; plans; and (x)help each child to attend education or training in (b)that each child has access to appropriate equipment, accordance with the expectations in the child’s facilities and resources to support the child’s learning. relevant plans; and (b)that each child has access to appropriate equipment, facilities and resources to support the child’s learning. 59 Restraint and deprivation of liberty Restraint and deprivation of liberty 20.—(1) Restraint in relation to a child is only permitted 20.—(1) Restraint in relation to a child is only for the purpose of preventing— permitted for the purpose of preventing— (a)injury to any person (including the child); (a)injury to any person (including the child); (b)serious damage to the property of any person (b)serious damage to the property of any person (including the child); or (including the child); or

36 (c)a child who is accommodated in a secure children’s (c)a child who is accommodated in a secure children’s home from absconding from the home. home from absconding from the home. (2) Restraint in relation to a child must be necessary (2) Restraint in relation to a child must be necessary and proportionate. and proportionate. (3) These Regulations do not prevent a child from being (3) These Regulations do not prevent a child from deprived of liberty where that deprivation is authorised being deprived of liberty where that deprivation is in accordance with a court order. authorised in accordance with a court order or in accordance with an exercise of powers under Schedule 21 to the Coronavirus Act 2020. -- Contact and access to communications Contact and access to communications 22.—(1) The registered person must ensure that 22.—(1) The registered person must ensure that suitable facilities are provided within the children’s suitable facilities are provided within the children’s home for any child accommodated there to meet home for any child accommodated there to meet privately at any reasonable time with the child’s privately (or where this is not possible to speak parents, friends, relatives or any of the following privately over the telephone, a video-link or other persons— electronic communication method) at any reasonable (a)a solicitor or other adviser or advocate acting for the time with the child’s parents, friends, relatives or any child; of the following persons— (b)an officer of the Children and Family Court Advisory (a)a solicitor or other adviser or advocate acting for and Support Service appointed for the child; the child; (c)a social worker assigned to the child; (b)an officer of the Children and Family Court Advisory (d)a person authorised by HMCI; and Support Service appointed for the child; (e)a person authorised by the local authority in whose (c)a social worker assigned to the child; area the home is located; (d)a person authorised by HMCI; (f)a person appointed pursuant to section 23ZB (e)a person authorised by the local authority in whose (independent visitors for children looked after by a local area the home is located; authority) of the Children Act 1989(1); (f)a person appointed pursuant to section 23ZB (g)a person authorised in accordance with section 80(2) (independent visitors for children looked after by a of the Children Act 1989 by the Secretary of State to local authority) of the Children Act 1989(1); conduct an inspection in relation to the home and the (g)a person authorised in accordance with section children there; 80(2) of the Children Act 1989 by the Secretary of (h)a person appointed under the Children Act 1989 State to conduct an inspection in relation to the home Representations Procedure (England) Regulations and the children there; 2006(2); (h)a person appointed under the Children Act 1989 (i)an independent person visiting the home under Representations Procedure (England) Regulations regulation 44. 2006(2); (i)an independent person visiting the home under regulation 44. 60 Independent person: visits and reports Independent person: visits and reports 44.—(1) The registered person must ensure that an 44.—(1) The registered person must use reasonable independent person visits the children’s home at least endeavours to ensure that an independent person once each month. visits the children’s home at least once each month. (2) When the independent person is carrying out a visit, (2) When the independent person is carrying out a the registered person must help the independent visit, the registered person must help the independent person— person— (a)if they consent, to interview in private such of the (a)if they consent, to interview in private such of the children, their parents, relatives and persons working at children, their parents, relatives and persons working the home as the independent person requires; and at the home as the independent person requires; and (b)to inspect the premises of the home and such of the (b)to inspect the premises of the home and such of the home’s records (except for a child’s case records, unless home’s records (except for a child’s case records, the child and the child’s placing authority consent) as unless the child and the child’s placing authority the independent person requires. consent) as the independent person requires.

37 HER MAJESTY’S CHIEF INSPECTOR OF EDUCATION, CHILDREN’S SERVICES AND SKILLS (FEES AND FREQUENCY OF INSPECTIONS) (CHILDREN’S HOMES ETC) REGULATIONS 2015 61- Frequency of inspections Frequency of inspections 65 27.—(1) The Chief Inspector must arrange for premises 27.—(1) The Chief Inspector must arrange for premises which are used— which are used— (a)for the purposes of a children’s home, to be (a)for the purposes of a children’s home, to be inspected, subject to paragraphs (2), (3), (3ZA), (3ZB), inspected, subject to paragraphs (2), (3), (3ZA), (3ZB), (3A) and (3B), at least twice in every year; (3A) and (3B), at least twice in every year; (b)for the purposes of a residential family centre, a (b)for the purposes of a residential family centre, a voluntary adoption agency, an adoption support agency voluntary adoption agency, an adoption support or a fostering agency, to be inspected at least once in agency or a fostering agency, to be inspected at least every three year period; once in every three year period; (c)for the purposes of a holiday scheme for disabled (c)for the purposes of a holiday scheme for disabled children, at least once in every year. children, at least once in every year. (2) Where the Chief Inspector registers a person in (2) Where the Chief Inspector registers a person in respect of a children’s home before 1st October in any respect of a children’s home before 1st October in any year, only one inspection of that children’s home is to year, only one inspection of that children’s home is to be carried out in that year. be carried out in that year. (3) Where the Chief Inspector registers a person in (3) Where the Chief Inspector registers a person in respect of a children’s home on or after 1st October in respect of a children’s home on or after 1st October in any year, no inspection of that children’s home is to be any year, no inspection of that children’s home is to be carried out in that year. carried out in that year. 3ZA) Paragraph (1)(a) does not apply to a closed 3ZA) Paragraph (1)(a) does not apply to a closed children’s home. children’s home. (3ZB) Where a closed children’s home ceases to be a (3ZB) Where a closed children’s home ceases to be a closed children’s home— closed children’s home— (a)before 1st October in any year, the Chief Inspector (a)before 1st October in any year, the Chief Inspector must arrange for that children’s home to be inspected must arrange for that children’s home to be inspected at least once before 31st March that year; at least once before 31st March that year; (b)on or after 1st October in any year, no inspection of (b)on or after 1st October in any year, no inspection of that children’s home is to be carried out that year. that children’s home is to be carried out that year. 3A) Where in any year an inspection in that year results 3A) Where in any year an inspection in that year in a report prepared under section 32(5) of the Care results in a report prepared under section 32(5) of the Standards Act 2000(1): Care Standards Act 2000(1): (a)which records a judgement that the overall (a)which records a judgement that the overall experiences and progress of children and young people experiences and progress of children and young living in a children’s home are good or outstanding; and people living in a children’s home are good or (b)there has been no subsequent inspection in that year outstanding; and resulting in a report prepared under that Act which (b)there has been no subsequent inspection in that records a judgement that the overall experiences and year resulting in a report prepared under that Act progress of the children and young people are less than which records a judgement that the overall good, experiences and progress of the children and young the Chief Inspector must arrange for that home to be people are less than good, inspected at least once in the year following inspection. the Chief Inspector must arrange for that home to be (3B) Subsection (3A) does not apply to accommodation inspected at least once in the year following in a children’s home approved by the Secretary of State inspection. under regulation 3 of the Children (Secure (3B) Subsection (3A) does not apply to accommodation Accommodation) Regulations 1991(2). in a children’s home approved by the Secretary of (4) Any inspection referred to in paragraph (1) may be State under regulation 3 of the Children (Secure unannounced. Accommodation) Regulations 1991(2). (5) In this regulation— (4) Any inspection referred to in paragraph (1) may be (a)“year” means the period commencing on 1st April in unannounced. any year and ending on 31st March in the following (5) In this regulation— year; (a)“year” means the period commencing on 1st April in (b)“three year period” means the period commencing any year and ending on 31st March in the following year;

38 on 1st April in any year and ending on 31st March in the (b)“three year period” means the period commencing third year following; and on 1st April in any year and ending on 31st March in (c)“closed children’s home” means a children’s home in the third year following; and respect of which a condition imposed under section (c)“closed children’s home” means a children’s home 13(5) of the Care Standards Act 2000 is for the time in respect of which a condition imposed under section being in force that the registered person(1) must inform 13(5) of the Care Standards Act 2000 is for the time the Chief Inspector of their intention to accommodate being in force that the registered person(1) must children at the home at least three months before any inform the Chief Inspector of their intention to child is accommodated. accommodate children at the home at least three months before any child is accommodated.

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