Amending NMS, Regulations and Guidance for Local Authorities and providers

1. Amending NMS, Regulations and Guidance for Local Authorities and providers 1

2. Context for Amendments • The Department has almost completed updating, amending and streamlining the regulations and guidance for looked after children, in part following passage of the 2008 Act – most of these have already been made, the remainder will follow in the next few months. • Need to ensure coherent proportionate framework in place which sets out the “must do’s” and where overly prescriptive bureaucratic detail has been stripped out Recent progress: • Launch of consultation on fostering services & children’s homes regulations and guidance (closes 19 November) • Revised regulations and guidance for care leavers now published

3. The new legal framework from April 2011 Placements Health and education • Child at the centre • - Care Planning guidance • - Sufficiency Duty • Principles: • mirrors journey through care • timeliness and permanence • maintain parental involvement • cycle of: assessment, planning, intervention, review • One, integrated care plan! • Fostering guidance • Children’s Homes guidance • Promoting health • Promoting education • Designated teacher - Notification; Registration - National Minimum Standards Voice of the child Vulnerable children not looked after • Care leavers • Transitions to adulthood • PA to 25 • Short breaks • Visits to former LAC in detention • Accommodated • children (visits) • Family & Friends • Placements by • vol. orgs. • IRO Handbook • Lead Member and DCS • Effective Advocacy . • Legal underpinnings: • Children Act 1989 • Care Standards Act 2000 • - International obligations

4. Purpose regulations, NMS and guidance • Regulations set mandatory requirements for LAs and providers and provide level playing field. • NMS flesh out the regulations for LA/Independent fostering providers. Inspectors must consider NMS when judging compliance with regulations also used by Tribunal at an appeal against a decision of the Chief Inspector • Guidance explains functions and responsibilities of LAs and their partner agencies. Statutory guidance must be followed by LAs as commissioners and providers of services, unless there are exceptional reasons to justify a variation.

5. Changes to FSR • Streamline and remove any unnecessary bureaucracy and consolidate regulations which have been amended 9 times so that the revised set are clear and easier to understand • Update terminology e.g. change references to Commission to Chief Inspector, attainment to achievement • Bring in line with Care Planning regulations and guidance • Bring into line with other guidance e.g amendments to reflect missing from care • Makes amendments to modify certain regulations in relation to short break care e.g. requirement of provider to ensure child is registered with a GP.

6. Changes to Guidance • Existing guidance dates from 1991 so does not reflect or help people to understand the current statutory requirements • Outdated statutory guidance and plethora of practice guidance, unhelpful for practitioners and managers in relation to the ‘must dos’, • Revised and streamlined statutory guidance – avoid repetition, cross refer to current regulations and relevant guidance, and remove anything that is advice rather than actual requirements. Will provide clarity to the field and better signposting. • The language will be as simple, and style as accessible as possible

7. Timetable: NMS, Regulations, Guidance - Fostering • Test post consultation NMS with key stakeholders July – August 2010, publish post consultation NMS and consultation response October • Consult on draft amended Fostering Services Regulations and Statutory Guidance to 19 November • Regulation made and guidance published January 2011 • Regulations, NMS and guidance in force April 2011