The Adoption and Children (Coronavirus) (Amendment) Regulations 2020
| Year | 2020 |
2020 No. 445
Children And Young Persons, England
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020
Made 21th April 2020
Laid before Parliament 23th April 2020
Coming into force 24th April 2020
The Secretary of State for Education, in exercise of the powers conferred by sections 22C(6)(d) and (11), 24D(1A), 26(1), (2) and (4A), 59(4)(a), 67(2), 104(4) of and paragraphs 12A and 12F of Schedule 2 to the Children Act 19891, sections 22(1), (1A), (2)(a) to (d), (2)(f) to (h), (2)(j), (5)(a) to (c), (7)(a) to (j), (8)(b), 25(1), 31(7), 34(1), 35(1) and 118(5) to (7) of the Care Standards Act 20002, sections 9(1)(a), 140(7) and (8) and 142(5) of the Adoption and Children Act 20023, sections 20(8)(d) and 66(1) of the Children Act 20044and sections 137(4) and 181(1) of the Education and Inspections Act 20065makes the following Regulations.
In accordance with section 22(9) of the Care Standards Act 2000 the Secretary of State has consulted such persons as were considered appropriate.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.
(2) These Regulations come into force on 24th April 2020.
Interpretation
2. In these Regulations—
“the 2010 Regulations” means the Care Planning, Placement and Case Review (England) Regulations 20106;
“the 2011 Regulations” means the Fostering Services (England) Regulations 20117; and
“the relevant period” means the period beginning with the 24th April 2020 and ending with the 25th September 2020.
PART 2
Residential Family Centres
Amendment of the Residential Family Centres Regulations 2002
3.—(1) The Residential Family Centres Regulations 20028are amended as follows.
(2) In regulation 10(1) (health and welfare of residents), after “person shall” insert “use reasonable endeavours to”.
(3) In regulation 20(5) (complaints), after “person shall” insert “, as far as reasonably practicable”.
(4) In regulation 25 (visits by registered provider)—
(a)
(a) in paragraph (3) after “or (2) shall” insert “, as far as reasonably practicable,”,
(b)
(b) in paragraph (4)(b) at the beginning insert “as far as reasonably practicable,”, and
(c)
(c) after paragraph (4) insert—
“4A. Any interview carried out under paragraph (4)(a) may be carried out by telephone, video-link or other electronic means.”.
PART 3
Adoption Agencies
Amendment of the Adoption Agencies Regulations 2005
4.—(1) The Adoption Agencies Regulations 20059are amended as follows.
(2) In regulation 4 (constituting an adoption panel)—
(a)
(a) in paragraph (1) for “must constitute” substitute “may constitute”, and
(b)
(b) in paragraph (2) omit “that an adoption panel has sufficient members, and”.
(3) In regulation 6 (meetings of adoption panel), for paragraph (1)(c) substitute—
“(c)
“(c) one other independent person.”.
(4) In regulation 17 (requirement to prepare child’s permanence report), for paragraph (2C) substitute—
“2C. in a case not falling within paragraph (2), the adoption agency must decide whether to—
(a) require the case to be referred to an adoption panel, or
(b) proceed to make a decision under regulation 19 without such a referral,
and where the case is to be referred to the adoption panel the adoption agency must send the information and reports referred to in paragraph (2D) to the adoption panel.”.
(5) In regulation 19(1) (adoption agency decision and notification) for “falling within” substitute “referred to the panel under”.
(6) In regulation 23(1)(e) (prospective adopter’s case record), at the beginning insert “where applicable,”.
(7) In regulation 26(b) and (e) (other pre-assessment information), at the beginning insert “subject to regulation 27(1A),”.
(8) In regulation 27 (pre-assessment decision)—
(a)
(a) after paragraph (1) insert—
“1A. The adoption agency may make a decision under paragraph (1) even if the information requested under regulation 25 and 26(b) has yet to be obtained.”, and
(b)
(b) in paragraph (2) after “agency must” insert “, where reasonably practicable,”.
(9) In regulation 28 (stage 2 assessment)—
(a)
(a) in paragraph (1) for “within six months from the date on which the agency notified the prospective adopter” substitute “following notification”, and
(b)
(b) omit paragraph (2).
(10) In regulation 30 (prospective adopter’s report)—
(a)
(a) in paragraph (5)(a) at the beginning insert “where applicable,”, and
(b)
(b) in paragraph (6) after “agency must” insert “decide whether or not to refer the case to an adoption panel or proceed to make a decision under regulation 30B without such a referral and, if the case is being referred to an adoption panel, the adoption agency must”.
(11) In regulation 30B (adoption agency decision and notification)—
(a)
(a) in paragraph (1) after “adopt a child” insert “, where reasonably practicable,”,
(b)
(b) after paragraph (1) insert—
“1A. The adoption agency must not make a decision under paragraph (1) until it has obtained the information requested under regulation 25 and 26(b).”,
(c)
(c) in paragraph (5)(c)(ii), at the beginning insert “subject to paragraph (5A),”,
(d)
(d) after paragraph (5) insert—
“5A. Where the adoption agency consider that the prospective adopter is not suitable to adopt because of information obtained under regulation 25 or 26(b) the prospective adopter may not apply to the Secretary of State for a review by an independent review panel of the qualifying determination.”, and
(e)
(e) in paragraph (9)(b) for “panel and the recommendation” substitute “panel and any recommendation”.
(12) In regulation 30D (review and termination of approval)—
(a)
(a) in paragraph (4)(b) at the beginning insert “decide whether or not to refer the case to the adoption panel and, where applicable,”, and
(b)
(b) in paragraph (5) after “agency must” insert “, where applicable,”.
(13) In regulation 30E(b) and (c) (duties of the adoption agency in a section 83 case), at the beginning insert “where applicable,”.
(14) In regulation 31 (proposed placement)—
(a)
(a) in paragraph (3) for “prospective adopter that” substitute “prospective adopter whether”, and
(b)
(b) in paragraph (4) after “adoption agency must” insert “decide whether or not to refer the case to an adoption panel or to proceed to make a decision under regulation 33 without such a referral and, where the case is being referred to an adoption panel, the adoption agency must”.
(15) In regulation 33(1) (adoption agency decision in relation to proposed placement), for “account the” substitute “account any”.
(16) In regulation 36 (reviews), at the beginning insert—
“A1. Subject to paragraph (B1) an adoption agency does not have to carry out a review required by this regulation where the adoption agency decide that it is not reasonably practicable to carry out the review of the child’s case.
B1. Paragraph (A1) does not apply where the adoption agency is satisfied that a review is necessary to safeguard and promote the welfare of the child.”.
PART 4
Private Fostering
Amendment of the Children (Private Arrangements for Fostering) Regulations 2005
5.—(1) The Children (Private Arrangements for Fostering) Regulations 200510are amended as follows.
(2) In regulation 4(1) (action to be taken by local authority on receipt of notification of proposal to foster a child privately), after “seven working days” insert “, or as soon as is reasonably practicable,”.
(3) In regulation 7(1) (action to be taken by local authority on receipt of notification about a child being fostered privately), after “seven working days” insert “, or as soon as is reasonably practicable,”.
(4) In regulation 8(1) (subsequent visits to children who are being fostered privately)—
(a)
(a) in sub-paragraph (a) after “fostering arrangement” insert “, where reasonably practicable”, and
(b)
(b) in sub-paragraph (b) after “subsequent year,” insert “where reasonably practicable,”.
PART 5
Children Act 1989 Representations Procedure
Amendment of the Children Act 1989 Representations Procedure (England) Regulations 2006
6.—(1) The Children Act 1989 Representations Procedure (England) Regulations 200611are amended as follows.
(2) In regulation 18(2) (request for review panel), after “authority’s response” insert “, or as soon as is reasonably practicable,”.
(3) In regulation 19(4) (review panel), after “regulation 18” insert “, or as soon as is reasonably practicable”.
(4) In regulation 20 (recommendations)—
(a)
(a) in paragraph (2) after “of the meeting” insert “, or as soon as is reasonably practicable,”, and
(b)
(b) in paragraph (3) after “panel’s recommendations” insert “, or as soon as is reasonably practicable,”.
PART 6
Inspection of Local Authorities
Amendment of the Education and Inspections Act 2006 (Inspection of Local Authorities) Regulations 2007
7. In regulation 3 (publication of written statement of proposed action) of the Education and Inspections Act 2006 (Inspection of Local...
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