OpenLegislation

Regulation 11 Placement decision

England and Wales

F1(1)

Subject to paragraphs (2) to (4), a decision to place C outside the area of the responsible authority (including a placement outside England)—

(a)

must not be put into effect until it has been approved by a nominated officer, or

(b)

in the case of a proposed placement which is also at a distance, must not be put into effect until it has been approved by the director of children’s services.

(2)

Before approving a decision under paragraph (1), the nominated officer F2or, as the case may be, the director of children’s services must be satisfied that—

(a)

the requirements of regulation 9(1)(b)(i) have been complied with,

(b)

the placement is the most appropriate placement available for C and consistent with C's care plan,

(c)

C's relatives M1 have been consulted, where appropriate,

F3(d)

in the case of a decision falling within—

(i)

paragraph (1)(a), the area authority have been notified, or

(ii)

paragraph (1)(b), the area authority have been consulted and have been provided with a copy of C’s care plan, and

(e)

the IRO has been consulted.

(3)

In the case of a placement made in an emergency, paragraph (2) does not apply and before approving a decision under paragraph (1) the nominated officer must—

(a)

be satisfied that regulation 9(1)(b)(i) and the requirements of sub-paragraph (2)(b) have been complied with, and

(b)

take steps to ensure that regulation 9(1)(b)(ii) and the requirements set out in sub-paragraphs (2)(c) and (d) are complied with by the responsible authority within five working days of approval of the decision under paragraph (1).

(4)

Paragraphs (1) and (2) do not apply to a decision to place C outside the area of the responsible authority with—

(F4a)

F who is a connected person, or

(a)

F who is a person with whom a placement is made under regulation 24, or

(b)

F who is approved as a local authority foster parent by the responsible authority.

F5(5)

In this regulation “at a distance” means outside the area of the responsible authority and not within the area of any adjoining local authority.

Annotations

Textual amendments

F1

Reg. 11(1) substituted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(a)

F2

Words in reg. 11(2) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(b)(i)

F3

Reg. 11(2)(d) substituted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(b)(ii)

F4

Reg. 11(4)(a) substituted (temp.) (24.4.2020) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 8(5) (with Pts. 12, 13)

F5

Reg. 11(5) inserted (27.1.2014) by The Childrens Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3239), regs. 1(1), 18(c)

Marginal citations

M1

‘Relative’ is defined in section 105(1) of the 1989 Act as ‘a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent’.