OpenLegislation

The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019

W.S.I. 2019/169 · Made 31 January 2019 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2023.

Social Care, Wales

Made 31 January 2019

Coming into force 29 April 2019

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 21(5), 27, 28, 30, 31, 45, 46 and 187(1) of the Regulation and Inspection of Social Care (Wales) Act 2016 M1 (“the 2016 Act”).

The Welsh Ministers have consulted such persons as they think appropriate, as required by sections 27(4)(a) and 28(4) of the 2016 Act, and published a statement about the consultation as required by section 27(4)(b) of that Act. The Welsh Ministers have also laid the statement before the National Assembly for Wales as required by section 27(5) of that Act.

A draft of these Regulations was laid before the National Assembly for Wales under section 187(2)(f), (g), (j) and (k) of the 2016 Act and has been approved by a resolution of the National Assembly for Wales.

Annotations to the whole text

Marginal citations

M1

2016 anaw 2; see section 189 for the definition of “prescribed”.

Contents

  1. Part 1: General
  2. 1Title and commencement
  3. 2Interpretation
  4. Part 2: General requirements on service providers
  5. 3Requirements in relation to the provision of the service
  6. 4Requirements in relation to the statement of purpose
  7. 5Requirements in relation to monitoring and improvement
  8. 6Requirements in relation to the responsible individual
  9. 7Requirements in relation to the responsible individual where the provider is an individual
  10. 8Requirements in relation to the financial sustainability of the service
  11. 9Requirements to provide the service in accordance with policies and procedures
  12. 10Duty of candour
  13. Part 3: Requirements on service providers as to the steps to be taken before providing care and support
  14. 11Suitability of the service
  15. Part 4: Requirements on service providers as to the information to be provided to individuals on commencement of the provision of care and support
  16. 12Information about the service
  17. Part 5: Requirements on service providers as to the standard of care and support to be provided
  18. 13Standards of care and support – overarching requirements
  19. 14Continuing suitability of the placement
  20. 15Information for children
  21. 16Language and communication
  22. 17Respect and sensitivity
  23. 18Compliance with foster care agreement
  24. 19Duty to promote contact
  25. Part 6: Requirements on service providers – safeguarding
  26. 20Safeguarding – overarching requirements
  27. 21Safeguarding policies and procedures
  28. 22The appropriate use of control and restraint
  29. 23Prohibition on the use of corporal punishment
  30. 24Deprivation of liberty
  31. 25Policy and procedures on bullying
  32. 26Procedure when child is absent without permission
  33. Part 7: Requirements on service providers to ensure access to health, education and other services
  34. 27Access to health services
  35. 28Education, employment and leisure activities
  36. Part 8: Staffing
  37. 29Staffing - overarching requirements
  38. 30Fitness of staff
  39. 31Supporting and developing staff
  40. 32Compliance with employer's code of practice
  41. 33Information for staff
  42. 34Disciplinary procedures
  43. 35Restrictions on employment
  44. Part 9: Premises, facilities and equipment
  45. 36Premises, facilities and equipment - service providers
  46. 37Adequacy of facilities
  47. 38Premises, facilities and equipment - foster parents
  48. Part 10: Other requirements on service providers
  49. 39Records with respect to fostering services
  50. 40Notifications
  51. 41Conflicts of interest
  52. 42Complaints policy and procedures
  53. 43Whistleblowing
  54. Part 11: Support and oversight of foster parents
  55. 44Support, training and information for foster parents
  56. 45Policies and procedures to foster parents
  57. 46Supervision
  58. 47Effective working relationships
  59. 48Supporting children to manage their money
  60. Part 12: Requirements on responsible individuals for ensuring the effective management of the service
  61. 49Supervision of management of the service
  62. 50Duty to appoint a manager
  63. 51Fitness requirements for appointment of manager
  64. 52Restrictions on appointing a manager for more than one service
  65. 53Duty to report the appointment of manager to service provider
  66. 54Duty to report the appointment of manager to SCW and the Welsh Ministers
  67. 55Arrangements when manager is absent
  68. 56Visits
  69. Part 13: Requirements on responsible individuals for ensuring effective oversight of the service
  70. 57Oversight of adequacy of resources
  71. 58Other reports to the service provider
  72. 59Engagement with children and others
  73. Part 14: Requirements on responsible individuals for ensuring the compliance of the service
  74. 60Duty to ensure there are systems in place to record incidents and complaints
  75. 61Duty to ensure there are systems in place for keeping of records
  76. 62Duty to ensure policies and procedures are up to date
  77. Part 15: Requirements on responsible individuals for monitoring, reviewing and improving the quality of the service
  78. 63Quality of care review
  79. 64Statement of compliance with the requirements as to standards of care and support
  80. Part 16: Other requirements on responsible individuals
  81. 65Support for staff raising concerns
  82. 66Duty of candour
  83. 67Notifications
  84. Part 17: Offences
  85. 68Offences - service providers
  86. 69Offences – responsible individuals
  87. Part 18: Service providers who are liquidated etc. or have died
  88. 70Appointment of liquidators etc.
  89. 71Death of service provider
  90. Part 19: Regulations under section 21(5) of the 2016 Act
  91. 72Designation of responsible individual by Welsh Ministers
  92. Signature
  93. Schedule 1
  94. Part 1: Information and documentation to be available in respect of persons working in fostering services
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. Part 2: Interpretation of Part 1
  105. 10Paragraph 10
  106. Schedule 2: Records to be kept by service providers
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. Schedule 3: Notifications by the service provider
  114. Part 1: Notifications to the Welsh Ministers
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 3AParagraph 3A
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. 10Paragraph 10
  126. 11Paragraph 11
  127. 12Paragraph 12
  128. 13Paragraph 13
  129. 14Paragraph 14
  130. 15Paragraph 15
  131. 16Paragraph 16
  132. 17Paragraph 17
  133. 18Paragraph 18
  134. 19Paragraph 19
  135. 20Paragraph 20
  136. 21Paragraph 21
  137. 22Paragraph 22
  138. 22AParagraph 22A
  139. Part 2: Notifications to the placing authority
  140. 23Paragraph 23
  141. 24Paragraph 24
  142. 25Paragraph 25
  143. 26Paragraph 26
  144. 27Paragraph 27
  145. 28Paragraph 28
  146. 29Paragraph 29
  147. 30Paragraph 30
  148. 31Paragraph 31
  149. 32Paragraph 32
  150. Part 3: Notifications to the area authority in whose area the foster home is situated
  151. 33Paragraph 33
  152. 34Paragraph 34
  153. 35Paragraph 35
  154. 36Paragraph 36
  155. 37Paragraph 37
  156. Part 4: Notifications to the Local Health Board in whose area the child is placed
  157. 38Paragraph 38
  158. 39Paragraph 39
  159. Part 5: Notifications to the police
  160. 40Paragraph 40
  161. 41Paragraph 41
  162. Schedule 4: Notifications by the responsible individual
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. 7Paragraph 7
  170. 8Paragraph 8
  171. Explanatory note