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The Fostering Services (England) Regulations 2011

S.I. 2011/581 · Made 2 March 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2023.

Children And Young Persons, England

Made 2nd March 2011

Laid before Parliament 10th March 2011

Coming into force 1stApril 2011

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 22(1), (2)(a) and (b), (e) to (j), (6), (7)(a) to (h) and (j), 34(1), 48(1)(a) and (c) to (f) and 118(5) to (7) of the Care Standards Act 2000 M1, and sections 22C(11), 26(1) and (2), 31A(3), 59(2) and (3A) and 104(4) of, and paragraphs 12A to 12G of Schedule 2 to, the Children Act 1989 M2.

In accordance with section 22(9) of the Care Standards Act 2000 the Secretary of State has consulted such persons as were considered appropriate.

Annotations to the whole text

Marginal citations

M1

2000 c.14. For the definitions of “prescribed” and “regulations” see section 121(1). Section 22(2)(e) was amended by paragraph 11 of Schedule 1 to the Children and Young Persons Act 2008 (c.23) (“the 2008 Act”), and there are other amendments not relevant to these Regulations; section 48(1)(f) was inserted by section 139(1) of, and paragraphs 103 and 114 of Schedule 3 to, the Adoption and Children Act 2002 (c.38) (“the 2002 Act”).

M2

1989 c.41. For the definition of “prescribed” see section 105(1). Section 22C was inserted by section 8(1) of the 2008 Act; section 26(1) was amended by section 39 of, and paragraphs 1 and 16(1) and (2) of Schedule 3 to, the 2008 Act and section 26(2) was amended by section 118(1)(a) of the 2002 Act and by section 10(3)(a) of the 2008 Act; section 31A was inserted by section 121(2) of the 2002 Act; section 59(2) was amended by sections 8 and 39 of, and Schedule 4 to, the 2008 Act and section 59(3A) was inserted by paragraph 2(6) of Schedule 1 to the 2008 Act; section 104(4) was amended by section 39 of, and Schedules 3 and 4 to, the 2008 Act; paragraphs 12A to 12G of Schedule 2 were inserted by paragraph 4 of Schedule 1 to the 2008 Act.

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Statement of purpose and children's guide
  5. 3Statement of purpose and children's guide
  6. 4Review of statement of purpose and children's guide
  7. Part 3: Management of Fostering Service
  8. 5Fostering agencyFitness of fostering service provider
  9. 6Appointment of manager
  10. 7Fitness of manager
  11. 8Registered person – general requirements
  12. 9Notification of offences
  13. 10Local authority fostering serviceManager
  14. Part 4: Conduct of Fostering Services
  15. 11Independent fostering agencies—duty to secure welfare
  16. 12Arrangements for the protection of children
  17. 13Behaviour management and children missing from foster parent's home
  18. 14Duty to promote contact
  19. 15Health of children placed with foster parents
  20. 16Education, employment and leisure activities
  21. 17Support, training and information for foster parents
  22. 18Independent fostering agencies – representations and complaints
  23. 19Staffing of fostering service
  24. 20Fitness of workers
  25. 21Employment of staff
  26. 22Records with respect to fostering services
  27. Part 5: Approval of Foster Parents
  28. 23Constitution and membership of fostering panel
  29. 24Meetings of fostering panel
  30. 25Functions of fostering panel
  31. 26Assessment of prospective foster parents
  32. 27Approval of foster parents
  33. 28Reviews and terminations of approval
  34. 29Information to be sent to the independent review panel
  35. 30Case records relating to foster parents and others
  36. 31Register of foster parents
  37. 32Retention and confidentiality of records
  38. Part 6: Fostering Agencies—Miscellaneous
  39. 33Fostering agency ceasing to carry out fostering functions – notifications and records
  40. 34Fostering agency ceasing to carry out fostering functions – new fostering service providers
  41. 35Review of quality of care
  42. 36Notifiable events
  43. 37Financial position
  44. 38Notice of absence
  45. 39Notice of changes
  46. 40Appointment of liquidators
  47. 41Compliance with Regulations
  48. Part 7: Miscellaneous
  49. 42Application of these Regulations with modifications to short breaks
  50. 43Amendment of Regulations
  51. 44Revocation of Regulations
  52. 45Transitional provisions
  53. Signature
  54. Schedule 1: Information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. 6Paragraph 6
  61. Schedule 2: Records to be kept by fostering service providers
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. Schedule 3: Information as to prospective foster parent (“X”) and other members of their household and family
  66. Part 1
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. 9Paragraph 9
  76. 10Paragraph 10
  77. Part 2
  78. 11Paragraph 11
  79. 12Paragraph 12
  80. 13Paragraph 13
  81. 14Paragraph 14
  82. 15Paragraph 15
  83. 16Paragraph 16
  84. Schedule 4: Offences specified for the purposes of regulation 26
  85. Part 1
  86. 1Offences in England and Wales
  87. 1AOffences in England and Wales
  88. 2Offences in Scotland
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 6AParagraph 6A
  94. 7Offences in Northern Ireland
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. 10Paragraph 10
  98. 10AParagraph 10A
  99. Part 2
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. Schedule 5: Matters and obligations in Foster Care Agreements
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. Schedule 6: Matters to be monitored by the registered person
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. 6Paragraph 6
  114. 7Paragraph 7
  115. 8Paragraph 8
  116. 9Paragraph 9
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. 12Paragraph 12
  120. 13Paragraph 13
  121. 14Paragraph 14
  122. Schedule 7Events and notifications
  123. Explanatory note