Welsh Statutory Instrument SI 2018 Wales

The Local Authority Fostering Services (Wales) Regulations 2018

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
CIW
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 55 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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 Title and commencement
s.002 Interpretation
Part 2

General requirements for local authority providers

9 of 9 sections shown
s.003 Requirements in relation to the provision of the local authority fostering service Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure sufficient care, competence and skillLocal authority
s.004 Content of statement of purpose Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must prepare a statement of purposeLocal authority
s.005 Requirements in relation to statement of purpose Regulated
Other duties (1) — Crown / regulator
  • Run council fostering service in line with statement of purpose and keep it updatedLocal authority
s.006 Requirements in relation to monitoring and improvement Regulated
Other duties (1) — Crown / regulator
  • Monitor, review and improve fostering service qualityLocal authority
s.007 Requirement to appoint a local authority manager Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must appoint a manager and notify Welsh MinistersLocal authority
s.008 Fitness requirements for appointment of manager Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must only appoint a fit managerLocal authority
s.009 Other requirements in relation to the manager Regulated
Other duties (1) — Crown / regulator
  • Local authority fostering provider must support managers, ensure compliance and cover absencesLocal authority
s.010 Requirement to provide the service in accordance with policies and procedures Regulated
Other duties (1) — Crown / regulator
  • Local authority fostering service must maintain and follow required policiesLocal authority
s.011 Duty of candour Regulated
Other duties (1) — Crown / regulator
  • Local authority providers must act with candourLocal authority
Part 3

Requirements on local authority providers as to the information to be provided to individuals on commencement of the provision of care and support

1 of 1 section shown
s.012 Information about the service etc. Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must produce and maintain a written guide to fostering serviceLocal authority
Part 4

Requirements on local authority providers as to the standard of care and support to be provided

6 of 6 sections shown
s.013 Standards of care and support to children Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure foster care follows child's planLocal authority
s.014 Information for children Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must give children accessible information and supportLocal authority
s.015 Compliance with foster care agreement Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must monitor foster parents' complianceLocal authority
s.016 Language and communication Regulated
Other duties (1) — Crown / regulator
  • Local authority fostering provider must meet children's language and communication needsLocal authority
s.017 Respect and sensitivity Regulated
Other duties (1) — Crown / regulator
  • Ensure children in foster care are treated with respect and sensitivityLocal authority
s.018 Duty to promote contact Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure foster parents promote contactLocal authority
Part 5

Requirements on local authority providers - safeguarding

7 of 7 sections shown
s.019 Safeguarding – overarching requirements Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must safeguard placed childrenLocal authority
s.020 Safeguarding policies and procedures Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must maintain and operate safeguarding policiesLocal authority
s.021 The appropriate use of control and restraint Regulated
Other duties (1) — Crown / regulator
  • Have a policy and procedures on control or restraint of fostered childrenLocal authority
s.022 Prohibition on the use of corporal punishment Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure foster parents never use corporal punishmentLocal authority
s.023 Deprivation of liberty Regulated
Other duties (1) — Crown / regulator
  • Local authorities must not deprive a child of liberty without lawful authorityLocal authority
s.024 Policy and procedures on bullying Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must have bullying prevention policy and proceduresLocal authority
s.025 Procedures when child is absent without permission Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must keep a procedure for children absent without permissionLocal authority
Part 6

Requirements on local authority providers to ensure access to health, education and other services

2 of 2 sections shown
s.026 Access to health services Regulated
Other duties (1) — Crown / regulator
  • Local authority foster provider must ensure health services and medicines policyLocal authority
s.027 Education, employment and leisure activities Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must promote fostered children's education and leisureLocal authority
Part 7

Staffing

6 of 6 sections shown
s.028 Staffing - overarching requirements Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure enough suitable staff are deployed at all timesLocal authority
s.029 Fitness of staff Regulated
Other duties (1) — Crown / regulator
  • Ensure fostering service staff are fit and DBS checkedLocal authority
s.030 Supporting and developing staff Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must support and develop all staff and volunteersLocal authority
s.031 Information for staff Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must give staff service information and conduct codesLocal authority
s.032 Disciplinary procedures Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must operate disciplinary procedure covering suspension and abuse reportingLocal authority
s.033 Restrictions on employment Regulated
Other duties (1) — Crown / regulator
  • Fostering provider must not hire foster parents/household members for professional rolesLocal authority
Part 8

Premises, facilities and equipment

3 of 3 sections shown
s.034 Premises, facilities and equipment - local authority providers Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure suitable premises, facilities and equipmentLocal authority
s.035 Adequacy of facilities Regulated
Other duties (1) — Crown / regulator
  • Ensure premises have adequate facilities for supervision and secure record storageLocal authority
s.036 Premises, facilities and equipment - foster parents Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure foster care premises and equipment are safeLocal authority
Part 9

Other requirements on local authority providers

4 of 4 sections shown
s.037 Records with respect to fostering services Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must keep fostering records and allow accessLocal authority
s.038 Conflicts of interest Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must identify, record and manage conflicts of interestLocal authority
s.039 Complaints policy and procedures Regulated
Other duties (1) — Crown / regulator
  • Local authority fostering services must run a formal complaints procedureLocal authority
s.040 Whistleblowing Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must run effective whistleblowing arrangementsLocal authority
Part 10

Support and oversight of foster parents

5 of 5 sections shown
s.041 Support, training and information for foster parents Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must support, train and inform foster parentsLocal authority
s.042 Policies and procedures to foster parents Regulated
Other duties (1) — Crown / regulator
  • Local authority must ensure foster parents know and follow fostering policiesLocal authority
s.043 Supervision Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must ensure foster parents are supervisedLocal authority
s.044 Effective working relationships Regulated
Other duties (1) — Crown / regulator
  • Maintain professional relationships with foster parents and support placementsLocal authority
s.045 Supporting children to manage their money Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must have money-management policy for foster childrenLocal authority
Part 11

Duties of local authority managers

8 of 8 sections shown
s.046 Oversight of adequacy of resources Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must report quarterly on adequacy of resourcesLocal authority
s.047 Other reports to the local authority provider Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must report concerns and service changes to providerLocal authority
s.048 Engagement with children and others Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must obtain and report views on fostering qualityLocal authority
s.049 Duty to ensure there are systems in place to record complaints Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must ensure systems are in place to record complaintsLocal authority
s.050 Duty to ensure there are systems in place for keeping of records Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must ensure effective record-keeping systemsLocal authority
s.051 Duty to ensure policies and procedures are up to date Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must keep service policies and procedures up to dateLocal authority
s.052 Quality of care review Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must review care quality at least every six monthsLocal authority
s.053 Support for raising concerns Regulated
Other duties (1) — Crown / regulator
  • Local authority manager must ensure whistleblowing policy is followedLocal authority
Schedules

Schedules

4 of 17 shown
s.sch001 The statement of purpose prepared by a local authority provider... Regulated
Other duties (1) — Crown / regulator
  • Local authority must prepare a statement of purpose for its fostering serviceLocal authority
s.sch002 A record of all persons working for the local authority... Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must keep detailed staff recordsLocal authority
s.sch002 A record of all serious accidents and injuries occurring to... Regulated
Other duties (1) — Crown / regulator
  • Local authority must record serious accidents and injuries to fostered childrenLocal authority
s.sch002 A record of all complaints made under the complaints policy... Regulated
Other duties (1) — Crown / regulator
  • Local authority provider must record complaints and action takenLocal authority
13 other schedules
s.sch002 A record showing in respect of each child placed with...
s.sch002 Date and circumstances of any safeguarding referrals, and the outcome....
s.sch002 Date and circumstances of any incident of control or restraint...
s.sch003 Proof of identity including a recent photograph.
s.sch003 For the purposes of paragraphs 2 and 3 of Part...
s.sch003 Where required for the purposes of an exempted question in...
s.sch003 Where required for the purposes of an exempted question asked...
s.sch003 Two written references, including a reference from the last employer,...
s.sch003 Where a person has previously worked in a position whose...
s.sch003 Documentary evidence of any relevant qualification.
s.sch003 Where relevant, documentary evidence of registration with Social Care Wales....
s.sch003 A full employment history, together with a satisfactory written explanation...
s.sch003 Details of registration with or membership of any professional body....

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.