# The Fostering Services (England) Regulations 2011, Regulation 33: Fostering agency ceasing to carry out fostering functions – notifications and records

Extent: E+W

(1) Where a fostering agency is to cease carrying out the functions of a fostering agency (“the old agency”) the registered provider must without delay notify —
(a) the local authority fostering service in whose area the old agency is situated,
(b) the Chief Inspector,
(c) every foster parent currently approved by the old agency under regulation 27 and every other foster parent for whom the old agency has responsibility by virtue of paragraph (2), and
(d) the responsible authority and, where different, the placing authority for every child currently placed with a foster parent falling within sub-paragraph (c),
of the fact that it is to cease carrying out the functions of a fostering agency and, in the case of notifications under sub-paragraphs (c) and (d), of the identity of the new fostering service.
(2) The registered provider of the old agency may agree with—
(a) a local authority fostering service, or
(b) another fostering agency that that fostering service will become the fostering service (“the new fostering service”) in relation to some or all of the foster parents falling within paragraph (1)(c).
(3) In the absence of an agreement under paragraph (2) in relation to some or all of the foster parents falling within paragraph (1)(c), the local authority fostering service in whose area each foster parent lives will become the new fostering service in relation to them.
(4) The registered provider of the old agency must, before the date on which the agency ceases carrying out the functions of a fostering agency—
(a) arrange for the records of the old agency maintained by virtue of regulation 30 in relation to the foster parents falling within paragraph (1)(c) to be passed to the relevant new fostering agency, and
(b) arrange for all other records maintained by the old agency by virtue of these Regulations to be passed to the local authority in whose area the old agency is situated.
(5) A responsible authority notified under paragraph (1)(d) must inform the IRO for each child they are looking after of the fact that the old agency is to cease carrying out the functions of a fostering agency, and the identity of the new fostering service for that child's foster parent.

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Source: https://www.legislation.gov.uk/uksi/2011/581/regulation/33 (the official version)
Page: https://openlegislation.uk/fostering-services-england-regulations-2011/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.