Scottish Statutory Instrument SI 2009 Scotland

Looked After Children (Scotland) Regulations 2009

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Care Inspectorate
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5

Plus 43 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
Part 2

CARE PLANNING

4 of 4 sections shown
s.003 Information to be obtained by the local authority in respect of a child to be or being looked after by them Regulated
Other duties (1) — Crown / regulator
  • Local authority must assess looked-after children and obtain health informationLocal authority
s.004 Assessment Regulated
Other duties (1) — Crown / regulator
  • Local authority must assess looked-after children's needs and care arrangementsLocal authority
s.005 Child's plan Regulated
Other duties (1) — Crown / regulator
  • Local authority must prepare a child's plan after assessmentLocal authority
s.005 Duty to place siblings together Regulated
Other duties (1) — Crown / regulator
  • Local authority must keep siblings together when placing a child in careLocal authority
Part 3

GENERAL MATTERS AFFECTING LOOKED AFTER CHILDREN

1 of 2 sections shown
s.006 Death of a looked after child Regulated
Other duties (1) — Crown / regulator
  • Local authority must immediately notify deaths of looked-after childrenLocal authority
1 other section in this Part — procedural and definitional
s.007 Recommendations by local authority to Principal Reporter
Part 4

LOOKED AFTER CHILDREN CARED FOR BY PARENTS

1 of 2 sections shown
s.009 Notification of occurrences involving the child Regulated
Other duties (1) — Crown / regulator
  • Local authority must ensure carers report serious incidents and notify parentsLocal authority
1 other section in this Part — procedural and definitional
s.008 Arrangements for child to be cared for by parents or persons with parental rights and parental responsibilities
Part 5

KINSHIP CARE

6 of 7 sections shown
s.010 Kinship carers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must assess kinship carers before approvalLocal authority
s.011 Placement of child with kinship carer Regulated
Other duties (1) — Crown / regulator
  • Only place children with kinship carers if safe, suitable and agreed in writingLocal authority
s.012 Agreement with kinship carers Regulated
Other duties (1) — Crown / regulator
  • Local authority must enter written agreement with approved kinship carersLocal authority
s.013 Notification of placement with kinship carer Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify relevant bodies and parents of kinship placementLocal authority
s.015 Establishment of case records for kinship carers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must compile case records for approved and prospective kinship carersLocal authority
s.016 Retention and confidentiality of case records for kinship carers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must retain and keep confidential kinship carer case recordsLocal authority
1 other section in this Part — procedural and definitional
s.014 Short-term placements in kinship care
Part 6

FOSTERING PANELS

4 of 4 sections shown
s.017 Appointment and composition of fostering panels Regulated
Other duties (1) — Crown / regulator
  • Local authorities must appoint a fostering panel with at least 6 members and a medical adviserLocal authority
s.018 Meetings of the fostering panel Regulated
Other duties (1) — Crown / regulator
  • Fostering panel must meet with quorum and record proceedings and reasonsLocal authority
s.019 Appointment of medical and legal advisers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must appoint medical advisers to fostering panelsLocal authority
s.020 Functions of the fostering panel Regulated
Other duties (1) — Crown / regulator
  • Fostering panel must consider foster carer cases and give applicants a hearingLocal authority
Part 7

FOSTERING

10 of 14 sections shown
s.022 Approval of foster carers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow statutory process for approving foster carersLocal authority
s.024 Agreements with foster carers Regulated
Other duties (1) — Crown / regulator
  • Local authority must enter written agreement with approved foster carersLocal authority
s.025 Reviews and termination of approval Regulated
Other duties (1) — Crown / regulator
  • Local authority must review foster carer approvals within 12 months and every 3 yearsLocal authority
s.026 Review of approval: further provision Regulated
Other duties (1) — Crown / regulator
  • Local authority must review foster carer approval decisions on requestLocal authority
s.027 Placement of child with foster carer Regulated
Other duties (1) — Crown / regulator
  • Local authority must ensure lawful, proper foster placements and notify parentsLocal authority
s.027 Placement limit Regulated
Other duties (1) — Crown / regulator
  • Local authorities must not exceed 3-child placement limit per foster carerLocal authority
s.027 Exceptional approval of foster carer Regulated
Other duties (1) — Crown / regulator
  • Local authority must process exceptional foster carer approvalLocal authority
s.029 Notification of placement with foster carer Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify relevant parties of foster placementLocal authority
s.031 Establishment of case records for foster carers Regulated
Other duties (1) — Crown / regulator
  • Local authorities must keep case records for foster carers and prospective foster carersLocal authority
s.032 Retention and confidentiality of case records for foster carers Regulated
Other duties (1) — Crown / regulator
  • Keep foster carer case records for 25 years and keep them confidentialLocal authority
4 other sections in this Part — procedural and definitional
s.021 Foster carers
s.023 Derivative approval of foster carers
s.028 Death or absence of the foster carer: continuation of placement
s.030 Short-term placements with foster carers
Part 8

FOSTERING AND KINSHIP CARE ALLOWANCES

1 of 1 section shown
s.033 Fostering and kinship care allowances Regulated
Other duties (1) — Crown / regulator
  • Local authorities must pay fostering and kinship care allowancesLocal authority
Part 9

LOOKED AFTER CHILDREN PLACED IN RESIDENTIAL ESTABLISHMENTS

2 of 2 sections shown
s.034 Child placed in a residential establishment: notification Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify relevant parties of child's residential placementLocal authority
s.035 Child placed in residential establishment: information to be supplied Regulated
Other duties (1) — Crown / regulator
  • Local authority must give placement information and agree care arrangementsLocal authority
Part 10

EMERGENCY MEASURES

5 of 6 sections shown
s.036 Emergency placement with carer Regulated
Other duties (1) — Crown / regulator
  • Local authority must ensure safe emergency placements with carersLocal authority
s.038 Review of emergency placement under regulation 36 Regulated
Other duties (1) — Crown / regulator
  • Local authority must review emergency child placement within 3 working daysLocal authority
s.039 Extension of emergency placement Regulated
Other duties (1) — Crown / regulator
  • Local authority must review extended emergency placements within 6 weeksLocal authority
s.040 Notification of an extended emergency placement Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify relevant parties of extended emergency placementLocal authority
s.041 Review of emergency placement under regulation 37 Regulated
Other duties (1) — Crown / regulator
  • Local authority must review emergency residential placement within 3 working daysLocal authority
1 other section in this Part — procedural and definitional
s.037 Emergency placement in residential establishment
Part 11

CASE RECORDS

2 of 2 sections shown
s.042 Establishment of case records for looked after children Regulated
Other duties (1) — Crown / regulator
  • Local authorities must establish and maintain case records for looked after childrenLocal authority
s.043 Retention and confidentiality of records Regulated
Other duties (1) — Crown / regulator
  • Local authorities must retain and keep case records confidentialLocal authority
Part 12

REVIEW OF CHILD'S CASE

4 of 4 sections shown
s.044 Review of child's case: child cared for by parents or persons with parental responsibilities and parental rights Regulated
Other duties (1) — Crown / regulator
  • Local authority must review looked-after child's caseLocal authority
s.045 Review of the child's case: child placed with kinship carer, foster carer or in a residential establishment Regulated
Other duties (1) — Crown / regulator
  • Local authority must review looked-after child placement cases regularlyLocal authority
s.046 Local authority visits: child in placement Regulated
Other duties (1) — Crown / regulator
  • Local authority must visit looked-after children and carers regularlyLocal authority
s.047 Termination of placement Regulated
Other duties (1) — Crown / regulator
  • Local authority must end unsuitable placements and notify relevant partiesLocal authority
Part 13

ARRANGEMENTS WITH REGISTERED FOSTERING SERVICES

2 of 2 sections shown
s.048 Arrangements with registered fostering services Regulated
Other duties (1) — Crown / regulator
  • Local authorities must vet, contract and review fostering servicesLocal authority
s.049 Visits by local authorities Regulated
Other duties (1) — Crown / regulator
  • Local authority must arrange timely welfare visits for looked-after childrenLocal authority
Part 14

TRANSITIONAL AND SAVINGS PROVISION

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.050 Cases in progress under the Arrangements to Look After Children Regulations or the Fostering Regulations
s.051 Fostering allowances
Part 15

MISCELLANEOUS

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.052 Revocation
Schedules

Schedules

6 of 61 shown
s.sch004 The provision by the local authority of a statement containing... Regulated
Other duties (1) — Crown / regulator
  • Local authority must give foster/kinship carers a written statement about the childLocal authority
s.sch005 The kinship carer's obligation to give written notice to the... Regulated
  • Kinship carers must notify local authority of changes in circumstancesAny Person
s.sch005 The kinship carer's obligation– (a) not to administer corporal punishment... Regulated
  • Meet all kinship placement duties and safeguard the childAny Person
s.sch006 The foster carer's obligation to give written notice to the... Regulated
  • Foster carers must notify local authority of changes in writingAny Person
s.sch006 The foster carer's obligation– (a) not to administer corporal punishment... Regulated
  • Foster carers must meet placement obligations and safeguard childrenAny Person
s.sch007 The requirements for the registered fostering service to submit reports... Regulated
  • Submit placement reports to the local authority when askedAny Person
55 other schedules
s.sch001 Name, sex, date and place of birth and present address...
s.sch001 The child's education history and current arrangements for provision of...
s.sch001 Personality and social development.
s.sch001 Interests and recreational activities.
s.sch001 Nationality, race, religion and language.
s.sch001 Physical description.
s.sch001 Present legal status of the child, including any statutory responsibility...
s.sch001 Why consideration is to be given to the child being...
s.sch001 Previous history of involvement of the child with any local...
s.sch001 Details of any sibling of the child, including their dates...
s.sch001 The extent of contact with members of the child's family...
s.sch001 The child's health history, current state of health and development...
s.sch002 The local authority's immediate and longer-term plans for the child....
s.sch002 Details of any services to be provided to meet the...
s.sch002 The respective responsibilities of– (a) the local authority;
s.sch002 The type of accommodation to be provided and its address...
s.sch002 The contribution the child's parents or any other person will...
s.sch002 The arrangements for involving those persons and the child in...
s.sch002 The arrangements for contact between the child and any of...
s.sch002 The expected duration of arrangements and the steps which should...
s.sch003 Full name, date of birth, health (supported by a medical...
s.sch003 Details of any criminal offences of which the person has...
s.sch003 The outcome of any request or application made by the...
s.sch003 Particulars of any previous approval under regulation 22(3) or 23,...
s.sch003 An analysis of the motivation of the prospective foster or...
s.sch003 References from third parties as to the character of the...
s.sch003 Particulars of the other adult members of the household and...
s.sch003 Particulars of the children in the family, whether or not...
s.sch003 Address and particulars of the prospective foster or kinship carer's...
s.sch003 Religious persuasion, degree of religious observance and capacity to care...
s.sch003 Racial origin, cultural and linguistic background and capacity to care...
s.sch003 Past and present employment or occupation, and standard of living....
s.sch003 Leisure activities and interests.
s.sch003 Present capacity to care for the prospective foster or kinship...
s.sch004 The local authority's arrangements for the financial support of the...
s.sch004 Any arrangements for delegation of parental responsibility for consent to...
s.sch004 The circumstances in which it is necessary to obtain in...
s.sch004 The arrangements for visits to the child, in connection with...
s.sch004 The arrangements for the child to have contact with their...
s.sch004 Compliance by the foster or kinship carer with the terms...
s.sch004 Co operation by the foster or kinship carer with any...
s.sch005 The support and training to be given to the kinship...
s.sch005 The procedure for the review of the child's placement with...
s.sch005 The procedure for placement with the kinship carer and in...
s.sch006 The support and training to be given to the foster...
s.sch006 The procedure for the review of approval of a foster...
s.sch006 The procedure for handling of complaints against foster carers.
s.sch006 The procedure in connection with the placement of children, and...
s.sch007 The duties the local authority propose to delegate to the...
s.sch007 The services to be provided to the local authority by...
s.sch007 The arrangements for the selection by the local authority of...
s.sch007 The arrangements for the termination of the agreement.
s.sch007 Details of the foster carer with whom the child is...
s.sch007 Details of any services the child is to receive.
s.sch007 The terms of the proposed foster agreement and foster placement....

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