Office of Public Sector Information
48.—(1) Each local authority may individually or jointly enter into arrangements with one or more registered fostering services for the purposes of carrying out the functions mentioned in paragraph (2) in relation to children who are looked after by them in terms of section 17(6) of the 1995 Act.
(2) The functions are those specified in Parts II, III, VI, VIII, X, XI and XII of these Regulations.
(3) A local authority must not make arrangements under this regulation unless–
(a) they are satisfied–
(i) as to the capacity of the registered fostering service to discharge duties and functions on their behalf; and
(ii) the arrangements are the most suitable way for those duties and functions to be discharged;
(b) they enter into a written agreement with the registered fostering service regarding the matters in Part 1 of Schedule 7; and
(c) where they propose to make arrangements in respect of a particular child, they enter into a written agreement with the registered fostering service regarding the matters in Part II of Schedule 7.
(4) Each local authority entering into an arrangement under this regulation must review the arrangement at intervals of not more than 12 months.
(5) No registered fostering service shall be permitted to place a child outside the United Kingdom.
49.—(1) This regulation applies where, by virtue of an arrangement made under regulation 48, a registered fostering service places a child with a foster carer in accordance with these Regulations.
(2) The local authority must arrange for one of their officers to visit the child within 28 days of the placement.
(3) Where the registered fostering service which placed the child with the carer makes representations to the local authority that there are circumstances relating to the child which require a visit, the local authority must arrange for one of their officers to visit the child within 14 days from the day they receive those representations.
(4) Where the local authority are informed that the welfare of the child may not be or is not being safeguarded or promoted, the local authority must arrange for one of their officers to visit the child as soon as reasonably practicable but not later than 3 days from the day they are so informed.
50.—(1) Any action or decision under a provision of the Arrangements to Look After Children Regulations or the Fostering Regulations will, on or after 28th September 2009, be treated as if it were an action or decision under the corresponding provision of these Regulations.
(2) Where, before 28th September 2009, a fostering panel has considered whether a person is suitable or continues to be suitable to be a foster carer and no decision on that question has been made by the local authority before 28th September 2009, the Fostering Regulations continue to apply for the purposes of making that decision.
(3) Where a local authority makes a decision under the Fostering Regulations (whether before 28th September 2009 or, by virtue of paragraph (2), on or after that day) that a person is suitable to become a foster carer–
(a) the Fostering Regulations continue to apply for the purposes of placing the child with that foster carer; and
(b) any such placement will be deemed to have been made under regulation 27 of these Regulations.
(4) Where, before 28th September 2009, a child has been placed under regulation 12 of the Fostering Regulations that child will be treated as if they had been placed with a foster carer in accordance with regulation 27 of these Regulations regardless of whether or not that foster carer was, at the time of the placement, known to or related to the child.
(5) Where, before 28th September 2009, a child has been placed in an emergency in accordance with regulation 13 of the Fostering Regulations that placement will continue to have effect until the expiry of the period mentioned in regulation 13(1) of those Regulations.
(6) Where, before 28th September 2009, a child has been placed in an immediate placement in accordance with regulation 14 of the Fostering Regulations that placement will continue to have effect until the expiry of the period mentioned in regulation 14(1) of those Regulations.
51. Where a person was receiving, before their revocation, an allowance under regulation 9 of the Fostering Regulations that person may continue to receive payments so made which, had there been no revocation, would have fallen to that person, or that person may agree to receive, instead of the continued payments, payments in accordance with regulation 33 of these Regulations.
52. The following Regulations are revoked:–
(a) the Arrangements to Look After Children Regulations; and
(b) the Fostering Regulations.
ADAM INGRAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd June 2009
Regulations 3(3) and 4(1)
1. Name, sex, date and place of birth and present address of the child, their parents and any relevant person.
2. Nationality, race, religion and language.
3. Physical description.
4. Present legal status of the child, including any statutory responsibility the local authority have for the child.
5. Why consideration is to be given to the child being looked after by the local authority.
6. Previous history of involvement of the child with any local authority or other relevant organisation.
7. Details of any brothers and sisters, including their dates of birth, addresses and any details in respect of their being looked after by a local authority.
8. The extent of contact with members of the child’s family and any other significant person who does not live in the same household as the child.
9. The child’s health history, current state of health and development and existing arrangements for their medical and dental care.
10. The child’s education history and current arrangements for provision of education.
11. Personality and social development.
12. Interests and recreational activities.
The Looked After Children (Scotland) Regulations 2009