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Family Law

The leading authority on all aspects of family law

11 MAR 2009

The Fostering Services (Amendment) Regulations 2009

WED 11/03/2009 - These Regulations are made under the Children Act 1989 and the Care Standards Act 2000, and make amendments to the Fostering Services Regulations 2002 (S.I. 2002/57) (the FSR). The Regulations apply in relation to England only.

Regulation 2 makes provision in connection with the constitution of fostering panels. Firstly, it provides for flexibility in the appointment of a panel member under regulation 24(3)(b)(i) of the FSR where a person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on a fostering agency is an individual. Secondly, it amends the limits of tenure of panel members, allowing each panel member to serve a maximum of nine years, or three terms of up to three years each; where there has been an interval of at least three years between terms, terms served prior to the interval are disregarded.

Regulation 3 makes provision in connection with the functions of fostering panels established under regulation 24 of the FSR and imposes a duty on the fostering service provider to supply information and assistance requested by panels, where reasonably practicable.

Regulation 4 amends and restates regulations 28 and 29 of the FSR. Regulations 28 and 29 make provision in relation to the approval of foster parents, and reviews of approval, terminations of approval and revisions to terms of approval. The amendments made by regulation 4 include provision in relation to the making of an application for the independent review of a determination made by a fostering service provider by an independent review panel constituted by the Secretary of State. The Independent Review of Determinations (Adoption and Fostering) Regulations 2009 (S.I. 2009/395) prescribe as a "determination" a determination not to approve a person as suitable to be a foster parent, or to terminate or to revise the terms of a foster parent's approval. Those Regulations also establish the procedure for review of determinations by an independent review panel constituted by the Secretary of State.

Regulation 5 specifies the information that the fostering service provider must send to the independent review panel where a person applies for a review of a determination by a panel constituted by the Secretary of State.

These regulations come into force on 1 April 2009.

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