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Local authority registered Foster carers and Health safety legislation

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Dear Health and Safety Executive,

Please can you advise what specific health and safety legislation relates specifically to local authority Foster carers and the care of foster children under UK and EU law.
e.g Working time regulations 1998/2007/2009

Also could you indicate any legislation that the a local authority should comply with, in undertaking the management of the provision of a fostering service.

Does/or at any time has the health and safety executive undertaken any investigation relating to a local authority fostering provision or its management or the provision of care provided by foster carers ?

Yours faithfully,

james knoll

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

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If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Dear Health and Safety Executive,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Health and Safety Executive's handling of my FOI request 'Local authority registered Foster carers and Health safety legislation'.

Time scales exceeded, no interim response

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

james knoll

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Health and Safety Executive

1 Attachment

  • Attachment

    201609231 James Knoll Whatdotheyknow.com Acknowledgement letter of Internal review.docx

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Dear Mr Knoll

Please see attached an acknowledgement of your internal review request with a reference number.

I apologise for the delay in response to your request. I do know that HSE's Public Services Sector are dealing with your request and I have asked them to provide me an update urgently on where they are up to in being able to provide a response.

I will let you know as soon as possible.

Regards

Helen

Helen McGlown | Information Management Unit | Freedom of Information Unit Health & Safety Executive | Knowledge Centre 1G Redgrave Court, Merton Road, Bootle L20 7HS |

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Health and Safety Executive

Dear Mr Knoll

I have established that this request is taking longer than 20 days due to the fact that we have been gathering information from various sources and checking that it is authoritative and that we are currently waiting for some information from Ofsted before our response can be finalised. We anticipate that we will have a response before the end of next week if not before. Thank you for your patience and we will be in touch soon.

Regards

Helen

Helen McGlown | Information Management Unit | Freedom of Information Unit Health & Safety Executive | Knowledge Centre 1G Redgrave Court, Merton Road, Bootle L20 7HS |

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Health and Safety Executive

1 Attachment

Dear Mr Knoll

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your request of 19 August 2016 concerning the management of
foster care and legislation relating to it. I apologise for the delay in
replying.

 

I will deal with your three enquiries separately, but firstly, I note that
you mention the UK in one of your questions. The legislation governing
fostering is devolved to Scotland and Wales, whereas health and safety
legislation is not. I can answer you in respect of health and safety law
for Great Britain (Northern Ireland has its own arrangements), but I have
limited any reference to fostering legislation to that operating in
England.

 

What specific health and safety legislation relates to local authority
(LA) foster carers and the care of foster children under UK and EU law
e.g. Working Time Regulations?

 

There is no specific workplace health and safety law that applies to
foster carers. Foster carers take children into their homes to live as
part of their family and are paid an allowance. There is no work activity
and no contract of employment. Therefore, foster carers are not
dutyholders for the Health and Safety at Work etc. Act 1974 (HSWA) nor for
any regulations made under it.

The Working Time Regulations are not made under the HSWA but for similar
reasons, they do not apply to foster carers.

 

What legislation should a LA comply with, in undertaking the management of
the provision of a fostering service?

 

HSWA does apply to LAs. Section 3 HSWa may apply to their management of
the provision of fostering services.  Other workplace health and safety
legislation will also apply and be relevant – for example, the Management
of Health and Safety at Work Regulations 1999.

 

The scope of Section 3 HSWA is very broad, so HSE has adopted a policy
which sets out its priorities for enforcement of this section. Less
priority is given to enforcing S3 HSWA in areas where more appropriate
regulators have responsibilities.  In this case, Ofsted is a more
appropriate regulator. Details of the policy are available from the HSE
website at [1]http://www.hse.gov.uk/enforce/opalert.htm

 

There is other primary legislation that governs and regulates fostering
services.  Ofsted have published a national framework and guidance for
inspecting LA fostering services. You can find the framework at:
[2]https://www.gov.uk/government/publicatio...

Annex P of the guidance lists some relevant legislation; p121 covers
fostering:
[3]https://www.gov.uk/government/publicatio...
If you have further questions in this area, please address them to Ofsted
at [4][email address

 

Has the HSE undertaken any investigation relating to a local authority
fostering provision or its management or the provision of care provided by
foster carers?

 

HSWA does not apply to the provision of care provided by foster carers, so
HSE would not investigate this aspect. And because other bodies regulate
LAs’ provision and management of foster care under more specific
legislation, HSE is seldom involved in investigations of this sort.

 

However, a search of our operational database for cases where HSE has been
involved found two cases, from 1998 and 2003, both fatalities.

 

I trust you find this information useful.

 

Janet Francis

HM Principal Inspector of Health and Safety | Public Administration,
Education and VolunteersTeam

Public Services Unit | Operational Strategy | Engagement and Policy
Division
Health and Safety Executive | Rose Court | 2 Southwark Bridge, London SE1
9HS

[5][email address]

[6]http://www.hse.gov.uk/

 

Janet Francis  | HM Principal Inspector of Health and Safety | Public
Administration, Education and VolunteersTeam

Public Services Unit | Operational Strategy | Engagement and Policy
Division
Health and Safety Executive | Rose Court | 2 Southwark Bridge, London SE1
9HS

Direct line: +44 (0) 20 7556 2280       [mobile number]
[7][email address]

[8]http://www.hse.gov.uk/

 

[9]cid:image001.png@01D1536A.911B0180

[10]Find out more and join the conversation #HelpGBWorkWell.

Follow HSE on [11]Twitter, [12]YouTube, [13]LinkedIn and [14]Pinterest

 

 

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References

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1. http://www.hse.gov.uk/enforce/opalert.htm
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/government/publicatio...
4. mailto:[email address]
5. mailto:[email address]
6. http://www.hse.gov.uk/
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7. mailto:[email address]
8. http://www.hse.gov.uk/
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9. http://www.hse.gov.uk/strategy/index.htm
10. http://www.hse.gov.uk/strategy/index.htm
11. https://mobile.twitter.com/h_s_e?lang=en
12. https://www.youtube.com/user/healthandsa...
13. https://www.linkedin.com/company/health-...
14. https://uk.pinterest.com/H_S_E/

Health and Safety Executive

1 Attachment

  • Attachment

    201609231 Whatdotheyknow.com James Knoll Internal review response.DOCX.docx

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Dear Mr Knoll

Please see attached a response to your internal review request.  I
apologise for the delay in the response and that no update was provided to
you.

Regards

Helen

Helen McGlown | Information Management Unit | Freedom of Information
Unit Health & Safety Executive | Knowledge Centre 1G Redgrave Court,
Merton Road, Bootle L20 7HS |

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