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The Looked After Children (Scotland) Regulations 2009

S.S.I. 2009/210 · Made 2 June 2009 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2021.

CHILDREN AND YOUNG PERSONS

SOCIAL WORK

Made 2nd June 2009

Laid before the Scottish Parliament 3rd June 2009

Coming into force 28th September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968 M1, sections 17(2) and (3), 31 and 103(2) and (3) of the Children (Scotland) Act 1995 M2 and sections 110 and 117 of the Adoption and Children (Scotland) Act 2007 M3 and all other powers enabling them to do so.

Annotations to the whole text

Marginal citations

M1

1968 c. 49. Subsections (3) to (5) of section 5 were substituted by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 5(4)(d). Subsection (2) of section 5 was substituted by the Children Act 1975 c. 72, Schedule 3, paragraph 49. Subsection (2)(c) of section 5 was substituted by the Local Government etc. (Scotland) Act 1994 c. 39, section 180(1), Schedule 13, paragraph 76(3)(c) and is amended by the Adoption and Children (Scotland) Act 2007 asp 4, section 120(1), schedule 2, paragraph 2. Subsection (2)(c) of section 5 was amended by the Children (Scotland) Act 1995 c. 36, section 105(4), Schedule 4, paragraph 15(4)(c). Subsection (2)(d) of section 5 was repealed by the Children Act 1989 (c. 41), section 108(7), Schedule 15. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 c. 46.

M2

1995 c. 36. Section 17 is prospectively amended by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1), Schedule 2, paragraph 9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

M3

2007 asp 4.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: CARE PLANNING
  5. 3Information to be obtained by the local authority in respect of a child to be or being looked after by them
  6. 4Assessment
  7. 5Child's plan
  8. 5ADuty to place siblings together
  9. Part III: GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN
  10. 6Death of a looked after child
  11. 7Recommendations by local authority to Principal Reporter
  12. Part IV: LOOKED AFTER CHILDREN CARED FOR BY PARENTS
  13. 8Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities
  14. 9Notification of occurrences involving the child
  15. Part V: KINSHIP CARE
  16. 10Kinship carers
  17. 11Placement of child with kinship carer
  18. 12Agreement with kinship carers
  19. 13Notification of placement with kinship carer
  20. 14Short-term placements in kinship care
  21. 15Establishment of case records for kinship carers
  22. 16Retention and confidentiality of case records for kinship carers
  23. Part VI: FOSTERING PANELS
  24. 17Appointment and composition of fostering panels
  25. 18Meetings of the fostering panel
  26. 19Appointment of medical and legal advisers
  27. 20Functions of the fostering panel
  28. Part VII: FOSTERING
  29. 21Foster carers
  30. 22Approval of foster carers
  31. 23Derivative approval of foster carers
  32. 24Agreements with foster carers
  33. 25Reviews and termination of approval
  34. 26Review of approval: further provision
  35. 27Placement of child with foster carer
  36. 27APlacement limit
  37. 27BExceptional approval of foster carer
  38. 28Death or absence of the foster carer: continuation of placement
  39. 29Notification of placement with foster carer
  40. 30Short-term placements with foster carers
  41. 31Establishment of case records for foster carers
  42. 32Retention and confidentiality of case records for foster carers
  43. Part VIII: FOSTERING AND KINSHIP CARE ALLOWANCES
  44. 33Fostering and kinship care allowances
  45. Part IX: LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS
  46. 34Child placed in a residential establishment: notification
  47. 35Child placed in residential establishment: information to be supplied
  48. Part X: EMERGENCY MEASURES
  49. 36Emergency placement with carer
  50. 37Emergency placement in residential establishment
  51. 38Review of emergency placement under regulation 36
  52. 39Extension of emergency placement
  53. 40Notification of an extended emergency placement
  54. 41Review of emergency placement under regulation 37
  55. Part XI: CASE RECORDS
  56. 42Establishment of case records for looked after children
  57. 43Retention and confidentiality of records
  58. Part XII: REVIEW OF CHILD'S CASE
  59. 44Review of child's case: child cared for by parents or persons with parental responsibilities and parental rights
  60. 45Review of the child's case: child placed with kinship carer, foster carer or in a residential establishment
  61. 46Local authority visits: child in placement
  62. 47Termination of placement
  63. Part XIII: ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES
  64. 48Arrangements with registered fostering services
  65. 49Visits by local authorities
  66. Part XIV: TRANSITIONAL AND SAVINGS PROVISION
  67. 50Cases in progress under the Arrangements to Look After Children Regulations or the Fostering Regulations
  68. 51Fostering allowances
  69. Part XV: MISCELLANEOUS
  70. 52Revocation
  71. Signature
  72. Schedule 1: INFORMATION RELATING TO THE CHILD
  73. 1Paragraph 1
  74. 2Paragraph 2
  75. 3Paragraph 3
  76. 4Paragraph 4
  77. 5Paragraph 5
  78. 6Paragraph 6
  79. 7Paragraph 7
  80. 8Paragraph 8
  81. 9Paragraph 9
  82. 10Paragraph 10
  83. 11Paragraph 11
  84. 12Paragraph 12
  85. Schedule 2: MATTERS TO BE SPECIFIED IN THE CHILD'S PLAN
  86. Part I: MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD BEING LOOKED AFTER BY A LOCAL AUTHORITY
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. Part II: MATTERS TO BE ADDRESSED IN THE CHILD'S PLAN TO BE MADE AND REVIEWED FOR A CHILD PLACED BY A LOCAL AUTHORITY
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. Schedule 3: INFORMATION AS TO PROSPECTIVE FOSTER CARER OR KINSHIP CARER AND OTHER MEMBERS OF THE HOUSEHOLD AND FAMILY
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. 6Paragraph 6
  103. 7Paragraph 7
  104. 8Paragraph 8
  105. 9Paragraph 9
  106. 10Paragraph 10
  107. 11Paragraph 11
  108. 12Paragraph 12
  109. 13Paragraph 13
  110. 14Paragraph 14
  111. Schedule 4: MATTERS AND OBLIGATIONS TO BE COVERED IN FOSTER AND KINSHIP PLACEMENT AGREEMENTS
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. Schedule 5: MATTERS AND OBLIGATIONS IN KINSHIP CARER AGREEMENTS
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. Schedule 6: MATTERS AND OBLIGATIONS IN FOSTER CARER AGREEMENTS
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. Schedule 7: ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES
  134. Part I: MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Paragraph 3
  138. 4Paragraph 4
  139. 5Paragraph 5
  140. Part II: MATTERS AND OBLIGATIONS IN AGREEMENTS WITH REGISTERED FOSTERING SERVICES WHERE ARRANGEMENT MADE IN RESPECT OF A PARTICULAR CHILD
  141. 6Paragraph 6
  142. 7Paragraph 7
  143. 8Paragraph 8
  144. Explanatory note