1) I would like to know if in Devon, in order for permission from the Local Authority to be given to a Connected Person to provide care in their own home to a Looked After Child for approximately 10 nights per month a Positive Viability Assessment is first required?
A positive assessment would be required, if a child is looked after, as corporate parents we need to ensure that we have undertaken necessary safeguarding checks and be assured that the persons caring for a child is able to meet their needs. If the child is not considered a looked after child it would depend on the circumstances as it may be a private family arrangement.
2) I would like to know if in Devon a Connected Person providing care in their home to a Looked After Child approximately 10 nights per month would be required to be approved as a temporary foster carer (pursuant to Regulation 24 of the ‘Care Planning, Placement and Case Review Regulations 2010) following a Positive Viability Assessment?
This would depend if this was a one off for 10 nights or a regular arrangement i.e. each month. If this is a one off, then this arrangement would require a positive viability assessment however could be considered under delegated authority.
3) Whilst perhaps an unusual arrangement, I understand it is possible for the Placement with Parent Regulations to run alongside Reg 24? For example, it is possible that the Placement with Parents Regulation and the Fostering Service Regulations may operate in tandem, where a child may live with foster carers during the week and return to a parent at weekends, or during a programme of increasing staying contact leading to reunification.
This would depend on whether the child is placed with the parent as the primary carer or with the connected carer. If the child is placed with the parent and the primary carer, the connected person(s) are supporting with the care they are providing support and not undertaking the role of a foster carer. As such temporary approval would not be sought as the child is placed with the parent as primary carer. There maybe variations to this if the child is placed with a parent under 38(6). I would respectfully refer you to the following links:
The Placement of Children with Parent Regulations The Placement of Children with Parents etc Regulations 1991
The Care Planning Regulations The Care Planning, Placement and Case Review (England) Regulations 2010