The Fostering Services Regulations 2002

UK Statutory Instrument 2002 No. 57 — creates 1 criminal offence.

1offences created

0recorded in force

1revoked

Made: 14 January 2002
In force from: 1 April 2002
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: Care Standards Act 2000, Schedule 2 to, the Children Act 1989

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under the Children Act 1989 (“the 1989 Act”) and the Care Standards Act 2000 (“the 2000 Act”) and apply to England only. They— a replace the Foster Placement (Children) Regulations 1991 (as amended), governing the approval of foster parents and the placement of children with them by local authorities and voluntary organisations under, respectively, Parts III and VII of the 1989 Act; and b provide a new regulatory framework for fostering agencies and local authority fostering services. By section 4(4) of the 2000 Act, “fostering agency” means either an undertaking which discharges functions of local authorities in connection with the placing of children with foster parents (in these Regulations called “an independent fostering agency”), or a voluntary organisation which places children with foster parents under section 59(1) of the Children Act (an agency within the meaning of section 4(4)(b)). An independent fostering agency may, but need not, be carried on by a voluntary organisation, and if so, it may in some cases, also be an agency within the meaning of section 4(4)(b). Part II of the 2000 Act provides for the registration and inspection of establishments and agencies, including fostering agencies, by the National Care Standards Commission (“the Commission”). Part III of the 2000 Act provides for the inspection of the fostering functions of local authorities by the Commission. These will not be registered, but the Act provides for failings to be reported to the Secretary of State. Parts II and III of the 2000 Act (so far as not already in force) will be brought into force in relation to fostering agencies and local authority fostering services on 1st April 2002. These Regulations are intended to establish, so far as possible, a common framework for fostering services, whether provided by local authorities, voluntary organisations, or independent fostering agencies acting under delegation arrangements (“fostering services”). By regulation 3, each fostering service must have a statement of purpose setting out the aims and objectives of the service and the facilities and services to be provided, and a children’s guide. The fostering service must be carried on in a manner which is consistent with the statement of purpose. Regulations 5 to 10 make provision about the persons carrying on and managing the fostering service, and require a manager to be appointed for the service (regulations 6 and 10). The fitness of the provider of a fostering agency and of the manager of a fostering service is provided for, in particular by reference to the matters prescribed in Schedule 1. Where the provider of a fostering agency is an organisation, it must nominate a responsible individual who must satisfy the requirements as to fitness. Regulation 8 imposes general requirements in relation to the proper conduct of a fostering service, and as to training. Part III makes provision about the conduct of a fostering service, in particular, as to child protection, behaviour, contact, health and education, and support for foster parents. Provision is also made about the staffing of fostering services, the fitness of workers and premises, and record keeping. Provision is made as to the promotion of child welfare by, and complaints in respect of, independent fostering agencies (regulations 11 and 18). Part IV deals with the approval of foster parents by fostering services. It requires a fostering panel to be established in respect of each fostering service (regulations 24 to 26). Regulation 27 sets out the procedure for the assessment of persons wishing to become foster parents, and makes provision as to the circumstances in which persons may not be considered suitable to act as foster parents. Regulations 28 and 29 provide for the approval, review of approval and termination of approval of foster parents. Regulations 30 to 32 provide for records and a register to be kept. Part V deals with the placement of children with foster parents by local authorities and voluntary organisations (“responsible authorities”). Regulations 33 to 36 impose general requirements on responsible authorities as to the making, supervision and termination of placements, and regulations 37 and 38 make specific provision about short-term placements, and emergency and immediate placements by local authorities. Relations between a local authority and an independent fostering agency are governed by regulation 40. Part VI (regulation 41) provides for visits to be made by an officer of the local authority to children who are placed with foster parents by voluntary organisations (section 62 of the 1989 Act). Part VII makes miscellaneous provision regarding fostering agencies. The registered person is required to monitor the matters set out in Schedule 7 relating to the quality of care provided (regulation 42), and to give notice of the events listed in Schedule 8 to the persons mentioned in that Schedule (regulation 43). Regulation 44 imposes requirements relating to the agency’s financial position. Regulations 45 to 47 provide for the giving of notices to the Commission and the appointment of liquidators. Regulation 48 provides for offences in relation to fostering agencies. A breach of the regulations specified in regulation 48(1) may found an offence on the part of the registered person. However, no prosecution may be brought unless the Commission has first given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action the Commission considers it is necessary for him to take in order to comply. The notice must specify a time period for compliance, not exceeding three months. Regulation 50 makes transitional provision. These Regulations apply to local authority fostering services on their coming into force. By regulation 50 (1) and (2) they will also apply to a voluntary organisation which places children with foster parents under section 59 of the 1989 Act, which has duly applied to the Commission for registration as a fostering agency by 1st April 2002. These Regulations do not apply to an independent fostering agency until it is registered, but sub-paragraphs (3) to (5) of this regulation allow a local authority to delegate certain duties to an independent fostering agency which has by 1st April 2002 applied to the Commission for registration. Regulation 50(7) disapplies regulation 20(6) (which limits the circumstances in which a person who is approved as a foster parent by a fostering service may also be employed to work for the purposes of the service), in certain cases.

Offences created by this instrument

A contravention or failure to comply with any of the provisions of regulations 3 to 23 and 42 to 46 shall be an offence regulation 48(1) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

The Committee Met At Four Of The Clock Lords · Grand Committee · 27 June 2002 · Lord Hunt of Kings Heath
I cannot give an exact date regarding when the regulations will be available in draft form, but I shall certainly see whether I can find out when this is likely to be. To give the noble Baroness some idea about this, I should explain that Clause 9(3) mirrors the position under the Care Standards Act. For example, regulations may provide that failure by a local authority, a voluntary adoption agency, or an adoption support agency to comply with regulations relating to the exercise of their functions, may be a criminal offence. There are examples in the children's homes regulations and the…
Children Lords · Lords Chamber · 13 October 2005 · Lord Adonis
My Lords, as several noble Lords have noted, I am representing here about 10 departments and 30 agencies. That gives me the most onerous job that I have had in my short life in your Lordships' House, particularly since, in the chain of command to which the noble Lord, Lord Ramsbotham, and the noble and gallant Lord, Lord Bramall, referred, I am at about the rank of a lance corporal. However, I will at least do my best to answer their points and to give the clarity of response that they called for. The House is indebted to the noble Earl, Lord Listowel, for enabling us to have such an…
Grandparents (Access to Grandchildren) Commons · Westminster Hall · 18 January 2006 · Mr. Jackson
I thank my hon. Friend for her intervention. Later in my speech, I shall make further reference to the points made by the right hon. Member for Birkenhead in his report about the financial burden of being de facto foster parents, often as a result of alcohol or narcotics abuse. Whatever the intention behind the Children Act 1989, its practical ramifications have led to a de facto presumption against grandparents' access to their own grandchildren. Grandparents have very few legal rights. Section 8 of the Act forces them to go through two legal hurdles to secure legal access to their own…
Children and Young Persons Bill [HL] Lords · Lords Chamber · 17 March 2008 · Lord Adonis
My Lords, we are grateful to my noble friend Lady Massey for raising the issue of family and friends carers. My officials and I have had productive conversations with her and I hope that I can put on the record some points that meet most of her concerns. Our overarching policy is to ensure a more consistent and transparent approach by every local authority to supporting relatives who care for children, whether the children have looked-after status or not. We intend to do that through a combination of the legislative changes that we are making in the Bill and the regulations and statutory…

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