Paragraph 12F F1

England and Wales

(1)

Regulations under section 22C may, in particular, also make provision—

(a)

for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed F2in regulations made by the Secretary of State;

(b)

establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the F3Secretary of State for a review of that determination by a panel constituted by F4the Secretary of State.

(2)

A determination is a qualifying determination if—

(a)

it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and

(b)

it is of a prescribed description.

(3)

Regulations made by virtue of sub-paragraph (1)(b) may include provision as to—

(a)

the duties and powers of a panel;

(b)

the administration and procedures of a panel;

(c)

the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment);

(d)

the payment of fees to members of a panel;

(e)

the duties of any person in connection with a review conducted under the regulations;

(f)

the monitoring of any such reviews.

(4)

Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the F5Secretary of State such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5)

The F6Secretary of State must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions.

(6)

The F7Secretary of State may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf.

(7)

If the F8Secretary of State makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority.

(8)

The arrangement may include provision for payments to be made to the organisation by the F9Secretary of State.

(9)

Payments made by the F10Secretary of State in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions.

F11( 10 )

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(11)

In this paragraph—

“ financial year ” means a period of twelve months ending with 31st March;
“ independent review function ” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);
“ organisation ” includes F12the Welsh Ministers, a public body and a private or voluntary organisation.