The Fostering Panels (Establishment and Functions) (Wales) (Amendment and Transitional Provision) Regulations 2026

The title of these Regulations is the Fostering Panels (Establishment and Functions) (Wales) (Amendment and Transitional Provision) Regulations 2026.

Subject to paragraph (3), these Regulations come into force on 21 December 2026.

Regulation 3 comes into force on 1 April 2030.

The Fostering Panels (Establishment and Functions) (Wales) Regulations 2018^f1 are amended as follows—

After regulation 8 insert—

“Deemed approval by successor fostering services provider following re-establishment as a not-for-profit entity

8A

(1)

This regulation applies where—

(a)

a foster parent was approved by a regulated fostering services provider (“the former provider”),

(b)

the former provider has ceased to provide the fostering service on or after the coming into force of this regulation,

(c)

a not-for-profit fostering services provider (“the successor provider”) commences providing a fostering service, and

(d)

either paragraph (2) or paragraph (3) applies.

(2)

This paragraph applies where the Welsh Ministers have exercised the power in regulation 3B (3) of the Regulated Services (Registration) (Wales) Regulations 2017^f2 in relation to the registration of the successor provider.

(3)

This paragraph applies where the Welsh Ministers determine that there is substantial continuity between the former provider and the successor provider.

(4)

In making the determination referred to in paragraph (3), the Welsh Ministers must have regard to all the circumstances, including—

(a)

continuity of foster placements;

(b)

continuity of the responsible individual;

(c)

continuity of the directors, trustees or similar office holders;

(d)

continuity of operational arrangements and oversight;

(e)

continuity of staff.

(5)

The matters listed in paragraph (4) are not exhaustive and no one matter is determinative.

(6)

Where paragraph (2) applies, the foster parent is to be treated as approved by the successor provider from the later of—

(a)

the date on which the registration of the successor provider takes effect, or

(b)

the date on which the former provider ceased to provide the fostering service.

(7)

Where paragraph (3) applies, the foster parent is to be treated as approved by the successor provider from the date on which the Welsh Ministers make the determination under paragraph (3).

(8)

A foster parent treated as approved under paragraph (6) or (7) is subject to any terms that applied to that foster parent's approval immediately before the former provider ceased to provide the fostering service.

(9)

The requirements of these Regulations relating to—

(a)

consideration of the foster parent's case by a fostering panel, and

(b)

the making of a determination as to the foster parent’s approval,

do not apply in relation to a foster parent who is treated as approved under paragraph (6) or (7).

(10)

As soon as reasonably practicable after a foster parent is treated as approved under paragraph (6) or (7), the successor provider must take all reasonable steps to satisfy itself that the information that it holds, which is relevant to the foster parent’s suitability, remains current and valid.

(11)

The successor provider must ensure that a review of the foster parent’s approval is carried out within 12 months of the date on which the foster parent is treated as approved under paragraph (6) or (7).

(12)

In this regulation—

• “not-for-profit fostering services provider” (“darparwr gwasanaethau maethu nid-er-elw”) means a service provider that meets the requirement in section 6A(1)(1) of the 2016 Act;

• “responsible individual” (“unigolyn cyfrifol”) has the meaning given in section 21(1) of the 2016 Act.”

Regulation 8A of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 is revoked.

The revocation of regulation 8A does not affect—