CHILDREN AND YOUNG PERSONS Citation, commencement and interpretation 1 1 These Regulations may be cited as the Arrangements for Placement ofChildren (General) Regulations 1991 and shall come into force on 14thOctober 1991. 2 In these Regulations, unless the context otherwiserequires— “ the Act ” means the Children Act 1989; “area authority” means, in relation to a child who is or is to be placed, the localauthority in whose area the child is or is to be placed, where thechild is looked after by a different authority; “care case” means a case in which the child is in the care of a localauthority ; “placement” subject to regulation 13 means— the provision of accommodation and maintenance by a local authorityfor any child whom they are looking after by any of the means specifiedin section 23(2)(a), (b), (c), (d) or (f) of the Act (accommodation andmaintenance of child looked after by a local authority); the provision of accommodation for a child by a voluntaryorganisation by any of the means specified in section 59(1)(a), (b),(c), (d) or (f) of the Act (provision of accommodation by voluntaryorganisations), and the provision of accommodation for a child in a registeredchildren’s home, and the expressions“place” and“placed” shall be construed accordingly; “responsible authority” means— in relation to a placement by a local authority (including one inwhich the child is accommodated and maintained in a voluntary home or aregistered children’s home), the local authority which place the child, in relation to a placement by a voluntary organisation of a childwho is not looked after by a local authority, the voluntary organisationwhich place the child, and in relation to a placement in a registered children’s home of achild who is neither looked after by a local authority nor accommodatedin such a home by a voluntary organisation, the person carrying on thehome. 3 Any notice required under these Regulations is to be given inwriting and may be sent by post. 4 In these Regulations, unless the context otherwiserequires— a any reference to a numbered regulation is to the regulation in theseRegulations bearing that number and any reference in a regulation to anumbered paragraph is to the paragraph of that regulation bearing thatnumber; b any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number. Application of Regulations 2 These Regulations apply to placements— a by a local authority of any child; b by a voluntary organisation of a child who is not looked after by alocal authority; c in a registered children’s home of a child who is neither lookedafter by a local authority nor accommodated in such a home by avoluntary organisation, by a person carrying on the home. Making of arrangements 3 1 Before they place a child the responsible authority shall, so far asis reasonably practicable, make immediate and long-term arrangements forthat placement, and for promoting the welfare of the child who is to beplaced. 2 Where it is not practicable to make those arrangements before theplacement, the responsible authority shall make them as soon asreasonably practicable thereafter. 3 In the case of a child to whom section 20(11) of the Act applies(child aged 16 or over agreeing to be provided with accommodation) thearrangements shall so far as reasonably practicable be agreed by theresponsible authority with the child before a placement is made and ifthat is not practicable as soon as reasonably practicable thereafter. 4 In any other case in which a child is looked after or accommodatedbut is not in care the arrangements shall so far as reasonablypracticable be agreed by the responsible authority with— a a person with parental responsibility for the child, or b if there is no such person the person who is caring for the child before a placement is made and if that is not practicable as soon as reasonably practicable thereafter. 5 Any arrangements made by the responsible authority under thisregulation shall be recorded in writing. Considerations on making and contents of arrangements 4 1 The considerations to which the responsible authority are to haveregard so far as reasonably practicable in making the arrangementsreferred to in regulation 3 in each case are the general considerationsspecified in Schedule 1, the considerations concerning the health of achild specified in Schedule 2 and the considerations concerning theeducation of a child specified in Schedule 3. 2 Except in a care case, the arrangements referred to in regulation 3shall include, where practicable, arrangements concerning the mattersspecified in Schedule 4. Notification of arrangements 5 1 The responsible authority shall, so far as is reasonablypracticable, notify the following persons in writing of the arrangementsto place a child, before the placement is made— a any person an indication of whose wishes and feelings have beensought under section 22(4), section 61(2) or section 64(2) of the Act(consultation prior to decision making in respect of children lookedafter by a local authority, provided with accommodation by a voluntaryorganisation or in a registered children’s home); b the district health authority for the district in which the child isliving; c the local education authority for the area in which the child isliving; d the child’s registered medical practitioner; e the local authority for the area in which the child is living wherethe child is not placed by such an authority; f he area authority; g any person, not being an officer of a local authority, who is caringfor the child immediately before the arrangements are made; h except in a care case, any person in whose favour a contact order isin force with respect to the child, and i n a care case, any person who has contact with the child pursuant tosection 34 of the Act (contact with a child in care by parents etc ) orto an order under that section. 2 Where it is not practicable to give the notification before theplacement, it shall be given as soon as reasonably practicablethereafter. 3 The responsible authority shall send a copy of the arrangementsreferred to in regulation 3 or such part of the arrangements as theyconsider will not prejudice the welfare of the child with thenotification referred to in paragraph (1) but in the case ofnotification to those specified in paragraph (1)(b) to (i) they shallsend details of only such part of the arrangements as they considerthose persons need to know. Arrangements for contact 6 In operating the arrangements referred to in paragraph 6 of Schedule4, a voluntary organisation or a person carrying on a registeredchildren’s home shall, unless it is not reasonably practicable orconsistent with the child’s welfare, endeavour to promote contactbetween the child and the persons mentioned in that paragraph. Health requirements 7 1 A responsible authority shall, so far as reasonably practicablebefore a placement is made and if that is not reasonably practicable assoon as practicable after the placement is made— a ensure that arrangements are made for the child to be examined by aregistered medical practitioner and b require the practitioner who has carried out the examination to makea written assessment of the state of health of the child and his needfor health care unless the child has been so examined and such assessment has been made within a period of three months immediately preceding the placementor the child is of sufficient understanding and he refuses to submit tothe examination. 2 During the placement of the child the responsible authority shallensure that arrangements are made for a child to be provided with healthcare services, including medical and dental care and treatment. Establishment of records 8 1 A responsible authority shall establish, if one is not already inexistence, a written case record in respect of each child whom itplaces. 2 The record shall include— a a copy of the arrangements referred to in regulation 3; b a copy of any written report in its possession concerning thewelfare of the child; c a copy of any document considered or record established in thecourse of or as a result of a review of the child’s case; d details of arrangements for contact, of contact orders and of othercourt orders relating to the child; and e details of any arrangements whereby another person acts on behalf ofthe local authority or organisation which placed the child. Retention and confidentiality of records 9 1 A case record relating to a child who is placed shall be retained bythe responsible authority until the seventy-fifth anniversary of thedate of birth of the child to whom it relates or, if the child diesbefore attaining the age of 18, for a period of 15 years beginning withthe date of his death. 2 The requirements of paragraph (1) may be complied with either byretaining the original written record, or a copy of it, or by keepingall of the information from such record in some other accessible form(such as by means of a computer). 3 A responsible authority shall secure the safe keeping of caserecords and shall take all necessary steps to ensure that informationcontained in them is treated as confidential, subject onlyto— a any provision of or made under or by virtue of, a statute underwhich access to such records or information may be obtained or given; b any court order under which access to such records or informationmay be obtained or given. Register 10 1 A local authority, shall, in respect of every child placed in theirarea (by them and any other responsible authority) and every childplaced by them outside their area enter into a register to be kept forthe purpose— a the particulars specified in paragraph (3), and b such of the particulars specified in paragraph (4) as may beappropriate. 2 A voluntary organisation and a person carrying on a registeredchildren’s home shall, in respect of every child placed by them, enterinto a register to be kept for the purpose— a the particulars specified in paragraph (3), and b such of the particulars specified in paragraph (4) as may beappropriate. 3 The particulars to be entered into the register in accordance withparagraphs (1) or (2) are— a the name, sex and date of birth of the child; b the name and address of the person with whom the child is placedand, if different, of those of the child’s parent or other person notbeing a parent of his who has parental responsibility for him; c in the case of a child placed on behalf of a local authority by avoluntary organisation or in a registered children’s home, the name ofthe authority; d whether the child’s name is entered on any local authority registerindicating that the child is at risk of being abused; e whether the child’s name is entered on the register maintained underparagraph 2 of Schedule 2 to the Act (register of disabled children); f he date on which each placement of the child began and terminatedand the reason for each termination; g in a care case the name of the local authority in whose care thechild is; h the legal provisions under which the child is being looked after orcared for. 4 The additional particulars to be entered in the register, whereappropriate in accordance with paragraphs (1) or (2) are— a in the case of a child placed by a local authority in respect ofwhom arrangements have been made for the area authority to carry outfunctions pursuant to regulation 12 a note that the arrangements weremade and the name of the other local authority with whom they were made;and b in the case of a child who has been placed, in respect of whomarrangements have been made for supervision of the placement to becarried out on behalf of a responsible authority (otherwise thanpursuant to Regulation 12), a note that the arrangements were made andthe name of person with whom the arrangements were made. 5 Entries in registers kept in accordance with this regulation shallbe retained until the child to whom the entry relates attains the age of23 or, if the child has died before attaining 23, the period of 5 yearsbeginning with the date of his death. 6 The requirements of paragraph (1) may be complied with either byretaining the original register, or a copy of it, or by keeping all ofthe information from such a register in some other accessible form (suchas by means of a computer). 7 A responsible authority shall secure the safe keeping of registerskept in accordance with this regulation and shall take all necessarysteps to ensure that information contained in them is treated asconfidential, subject only to— a any provision of or made under or by virtue of a statute under whichaccess to such registers or information may be obtained or given; b any court order under which access to such registers or informationmay be obtained or given. Access by guardians ad litem to records and register 11 Each voluntary organisation, where they are not acting as anauthorised person , and every person carrying on a registered children'shome shall provide a guardian ad litem of a child— a such access as may be required to— i case records and registers maintained in accordance with theseRegulations; and ii the information from such records or registers held in whatever form(such as by means of computer); b such copies of the records or entries in the registers as he mayrequire. Arrangements between local authorities and area authorities 12 Where arrangements are made by a local authority which is lookingafter a child with an area authority for the area authority to carry outfunctions in relation to a placement on behalf of the localauthority— a the local authority shall supply the area authority with all suchinformation as is necessary to enable the area authority to carry outthose functions on behalf of the local authority; b the area authority shall keep the local authority informed of theprogress of the child and, in particular, shall furnish reports to thelocal authority following each visit to the home in which the child isplaced and following each review of the case of the child carried out bythe area authority on behalf of the local authority; c the local authority and the area authority shall consult each otherfrom time to time as necessary, and as soon as reasonably practicableafter each such review of the case of the child, with regard to whataction is required in relation to him. Application of Regulations to short-term placements 13 1 This regulation applies to a series of short-term placements at thesame place where the following conditions are satisfied— a all the placements occur within a period which does not exceed oneyear; b no single placement is for a duration of more than four weeks; and c the total duration of the placements does not exceed 90 days. 2 Any series of short-term placements to which this regulation appliesmay be treated as a single placement for the purposes of theseRegulations. Signed by authority of the Secretary of State for Health. Virginia Bottomley Minister of State, Department of Health 2nd April 1991