The Looked After Children (Scotland) Regulations 2009

1Citation and commencement

2Interpretation

PART IICARE PLANNING

3Information to be obtained by the local authority in respect of a child to be or being looked after by them

5Child’s plan

PART IIIGENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN

6Death of a looked after child

7Recommendations by local authority to Principal Reporter

PART IVLOOKED AFTER CHILDREN CARED FOR BY PARENTS

8Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities

9Notification of occurrences involving the child

PART VKINSHIP CARE

10Kinship carers

11Placement of child with kinship carer

12Agreement with kinship carers

13Notification of placement with kinship carer

14Short-term placements in kinship care

15Establishment of case records for kinship carers

16Retention and confidentiality of case records for kinship carers

PART VIFOSTERING PANELS

17Appointment and composition of fostering panels

18Meetings of the fostering panel

19Appointment of medical and legal advisers

20Functions of the fostering panel

PART VIIFOSTERING

21Foster carers

22Approval of foster carers

23Derivative approval of foster carers

24Agreements with foster carers

25Reviews and termination of approval

26Review of approval: further provision

27Placement of child with foster carer

28Death or absence of the foster carer: continuation of placement

29Notification of placement with foster carer

30Short-term placements with foster carers

31Establishment of case records for foster carers

32Retention and confidentiality of case records for foster carers

PART VIIIFOSTERING AND KINSHIP CARE ALLOWANCES

33Fostering and kinship care allowances

PART IXLOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

34Child placed in a residential establishment: notification

35Child placed in residential establishment: information to be supplied

PART XEMERGENCY MEASURES

36Emergency placement with carer

37Emergency placement in residential establishment

38Review of emergency placement under regulation 36

39Extension of emergency placement

40Notification of an extended emergency placement

41Review of emergency placement under regulation 37

PART XICASE RECORDS

42Establishment of case records for looked after children

43Retention and confidentiality of records

PART XIIREVIEW OF CHILD'S CASE

44Review of child’s case: child cared for by parents or persons with parental responsibilities and parental rights

45Review of the child’s case: child placed with kinship carer, foster carer or in a residential establishment

46Local authority visits: child in placement

47Termination of placement

PART XIIIARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

48Arrangements with registered fostering services

49Visits by local authorities

PART XIVTRANSITIONAL AND SAVINGS PROVISION

50Cases in progress under the Arrangements to Look After Children Regulations or the Fostering Regulations

51Fostering allowances

PART XVMISCELLANEOUS

SCHEDULE 1INFORMATION RELATING TO THE CHILD

1Name, sex, date and place of birth and present address...

2Nationality, race, religion and language.

3Physical description.

4Present legal status of the child, including any statutory responsibility...

5Why consideration is to be given to the child being...

6Previous history of involvement of the child with any local...

7Details of any brothers and sisters, including their dates of...

8The extent of contact with members of the child’s family...

9The child’s health history, current state of health and development...

10The child’s education history and current arrangements for provision of...

11Personality and social development.

12Interests and recreational activities.

SCHEDULE 2MATTERS TO BE SPECIFIED IN THE CHILD'S PLAN

PART IMATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY

1The local authority’s immediate and longer-term plans for the child....

2Details of any services to be provided to meet the...

3The respective responsibilities of– (a) the local authority;

PART IIMATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY

4The type of accommodation to be provided and its address...

5The contribution the child’s parents or any other person will...

6The arrangements for involving those persons and the child in...

7The arrangements for contact between the child and any of...

8The expected duration of arrangements and the steps which should...

SCHEDULE 3INFORMATION AS TO PROSPECTIVE FOSTER CARER OR KINSHIP CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY

1Full name, date of birth, health (supported by a medical...

2Particulars of the other adult members of the household and...

3Particulars of the children in the family, whether or not...

4Address and particulars of the prospective foster or kinship carer’s...

5Religious persuasion, degree of religious observance and capacity to care...

6Racial origin, cultural and linguistic background and capacity to care...

7Past and present employment or occupation, and standard of living....

8Leisure activities and interests.

9Present capacity to care for the prospective foster or kinship...

10Details of any criminal offences of which the person has...

11The outcome of any request or application made by the...

12Particulars of any previous approval under regulation 22(3) or 23,...

13An analysis of the motivation of the prospective foster or...

14References from third parties as to the character of the...

SCHEDULE 4MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER AND KINSHIP PLACEMENT AGREEMENTS

1The provision by the local authority of a statement containing...

2The local authority’s arrangements for the financial support of the...

3Any arrangements for delegation of parental responsibility for consent to...

4The circumstances in which it is necessary to obtain in...

5The arrangements for visits to the child, in connection with...

6The arrangements for the child to have contact with their...

7Compliance by the foster or kinship carer with the terms...

8Co operation by the foster or kinship carer with any...

SCHEDULE 5MATTERS AND OBLIGATIONS IN KINSHIP CARER AGREEMENTS

1The support and training to be given to the kinship...

2The procedure for the review of the child’s placement with...

3The procedure for placement with the kinship carer and in...

4The kinship carer’s obligation to give written notice to the...

5The kinship carer’s obligation– (a) not to administer corporal punishment...

SCHEDULE 6MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS

1The support and training to be given to the foster...

2The procedure for the review of approval of a foster...

3The procedure for handling of complaints against foster carers.

4The procedure in connection with the placement of children, and...

5The foster carer’s obligation to give written notice to the...

6The foster carer’s obligation– (a) not to administer corporal punishment...

SCHEDULE 7ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

PART IMATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES

1The duties the local authority propose to delegate to the...

2The services to be provided to the local authority by...

3The arrangements for the selection by the local authority of...

4The requirements for the registered fostering service to submit reports...

5The arrangements for the termination of the agreement.

PART IIMATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD

6Details of the foster carer with whom the child is...

7Details of any services the child is to receive.

8The terms of the proposed foster agreement and foster placement....

2009 No. 210

CHILDREN AND YOUNG PERSONS

SOCIAL WORK

The Looked After Children (Scotland) Regulations 2009

Made2nd June 2009

Laid before the Scottish Parliament3rd June 2009

Coming into force28th September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5(2), (3) and (4) of the Social Work (Scotland) Act 19681, sections 17(2) and (3), 31 and 103(2) and (3) of the Children (Scotland) Act 19952 and sections 110 and 117 of the Adoption and Children (Scotland) Act 20073 and all other powers enabling them to do so.