4.2.9 Placements in Independent Fostering Agencies – Meeting the Requirements of Regulations 22 and 26 of the Care Planning, Placement and Case Review (England) Regulations 2010 |
AMENDMENTS
This chapter was amended in October 2011 to update the legislative reference to Regulation 22 and 26 of the Care Planning, Placement and Case Review (England) Regulations 2010, which became effective from 1 April 2011.
The attached 'pro forma' relates to the requirements of the Care Planning, Placement and Case Review (England) Regulations 2010 for local authorities who wish to place a child in an independent fostering placement (IFA).
There is a duty under Regulation 22 of the above regulations to seek the consent of placing authorities of current other children placed in the same placement before any new placement,. Whilst it is the responsibility of the placing authority of the new child to seek the required consent, this can be delegated to the IFA under regulation 26 provided this delegation is included in an agreement between the two parties.
Regulations 22 and 26 are quoted in the attached 'pro forma'.
Commentary
The 'pro forma' forms are attached: these will need to be signed by the Registered Manager for the IFA and the Team Manager for the Children's Services Directorate; or other staff properly authorised by the Managers to sign these forms. They should be properly signed and then can be scanned and forwarded as a PDF document- or similar - and e-mailed.
Regulations 22 and 26
Consent for second and third placements in a Foster Home.
This relates to consent arrangements required under Regulations 34 and 40 of the Fostering Services Regulations 2002:
22. (2) The responsible authority may only place a child with a foster parent if-
- The foster parent is approved by:
- The responsible authority ; or
- Provided the conditions specified in paragraph (3) are also satisfied, another fostering services provider.
(3) The conditions referred to in paragraph (2)(a)(ii) are that:
- The fostering service provider by whom the foster parent is approved, consents to the proposed placement; and
- Where any other local authority currently have a child placed with the foster parent, that local authority consents to the placement.
26. (1) A responsible authority may make arrangements in accordance with this regulation for the duties imposed on it as a responsible authority by regulations 14(3) and regulation 22. to be discharged on its behalf by a registered person.
2) No arrangements may be made under this regulation unless the responsible authority has entered into a written agreement with the registered person which includes the information set out in paragraph 1 of schedule5, and where the responsible authority proposes to make an arrangements under this regulation in relation to a particular child, the written agreement must also include matters set out in paragraph 2 of schedule 5.
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