The Adoption and Children (Coronavirus) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/445 |
| Year | 2020 |
(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.In these Regulations— (1) The Residential Family Centres Regulations 2002 (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 ” .in paragraph (3) after “or (2) shall” insert “ , as far as reasonably practicable, ” ,in paragraph (4) (b) at the beginning insert “ as far as reasonably practicable, ” , andafter paragraph (4) insert—“ may constitute ” , andin paragraph (2) omit “that an adoption panel has sufficient members, and”.(3) In regulation 6 (meetings of adoption panel) , for paragraph (1) (c) 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) , ” .after paragraph (1) insert—“ , where reasonably practicable, ” .in paragraph (1) for “within six months from the date on which the agency notified the prospective adopter” substitute “ following notification ” , andomit paragraph (2) .in paragraph (5) (a) at the beginning insert “ where applicable, ” , andin 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 ” .in paragraph (1) after “adopt a child” insert “ , where reasonably practicable, ” ,after paragraph (1) insert—“ subject to paragraph (5A) , ” ,after paragraph (5) insert—“ panel and any recommendation ” .in paragraph (4) (b) at the beginning insert “ decide whether or not to refer the case to the adoption panel and, where applicable, ” , andin 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, ” .in paragraph (3) for “prospective adopter that” substitute “ prospective adopter whether ” , andin 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—
- (4A) Any interview carried out under paragraph (4) (a) may be carried out by telephone, video-link or other electronic means.
- (c) one other independent person.
- (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.
- (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.
- (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) .
- (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.
- (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...
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