The Adoption and Children (Coronavirus) (Amendment) Regulations 2020

Type Statutory-Instrument
Publication 2020-04-21
Last updated 2021-03-30
State In force
Department King's Printer of Acts of Parliament
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Made: 21st April 2020

Laid before Parliament: 23rd 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 1989 , 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 2000 , sections 9(1)(a), 140(7) and (8) and 142(5) of the Adoption and Children Act 2002 , sections 20(8)(d) and 66(1) of the Children Act 2004 and sections 137(4) and 181(1) of the Education and Inspections Act 2006 makes 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

Interpretation

2

In these Regulations—

PART 2 — Residential Family Centres

Amendment of the Residential Family Centres Regulations 2002

3

(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

(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.

, and

(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.

, and

(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

PART 5 — Children Act 1989 Representations Procedure

Amendment of the Children Act 1989 Representations Procedure (England) Regulations 2006

6

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 Authorities) Regulations 2007 , after “of receiving that report,” insert “ , or as soon as is reasonably practicable ”.

PART 7 — Care Planning

Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

8

(a) F who is a person with whom a placement is made under regulation 24, or

(3) Before making a placement under paragraph (1), the responsible authority must—

(24) (1) Where the responsible authority is satisfied that the most appropriate placement for C is with a person who has not yet been approved as a local authority foster parent they may approve that person as a local authority foster parent for a temporary period not exceeding 24 weeks (“temporary approval”) provided that they first comply with the requirements of paragraph (2).

(1A) Any visit required by this regulation may be conducted by telephone, video-link or other electronic means. (1B) Where R is unable to visit C within the timescales set out in this regulation the responsible authority must ensure that R visits C as soon as is reasonably practicable thereafter.

(2) The IRO may adjourn the review meeting for not more than 20 working days, and no proposal considered in the course of the meeting may be implemented until the review has been completed.

(c) the arrangement is such that— (i) at the end of each placement, C returns to the care of C's parent or a person who is not C's parent but who has parental responsibility for C, and (ii) the short breaks do not exceed 75 days in total in any period of 12 months.

(c) regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C at regular intervals during any short break to be agreed with the IRO and C's parents (or any person who is not C's parent but has parental responsibility for C), (d) regulation 33 does not apply, but instead the responsible authority must first review C's case as soon as is reasonably practicable from the start of the first placement, and subsequent reviews must be carried out at regular intervals during any short break, (e) any visit required by this regulation may be conducted by telephone, video-link or other electronic means.

(v) particulars of relatives and any relationships with C and the person,

, and

PART 8 — Fostering Services

Amendment of the Fostering Services (England) Regulations 2011

9

(iii) one other independent person, and

(2) Subject to paragraphs (2A) and (3), where the fostering service provider have obtained all the information set out in paragraph (1A) and have not given the notification in paragraph (1B), the fostering service provider must—

(2A) The fostering service provider may comply with paragraph (2)(a) even if the information required by paragraphs 2 and 9 of Schedule 3 has yet to be obtained.

, and

(4) As soon as is reasonably practicable after X's observations are received the fostering service provider must, where the case is being referred to the fostering panel, send—

(9) If within the period referred to in paragraph (6)(b) the fostering provider receive any written representations, they may refer the case to the fostering panel for further consideration and, where a case is referred, the fostering service provider must make their decision taking into account any further recommendation made by the fostering panel.

, and

(2) A review must, where reasonably practicable, take place not more than a year after approval, and thereafter whenever the fostering service provider consider it necessary.

PART 9 — Joint Area Reviews

Amendment of the Children Act 2004 (Joint Area Reviews) Regulations 2015

10

In regulation 4(2) of the Children Act 2004 (Joint Area Reviews) Regulations 2015 (written statement of proposed action), after “working days” insert “ , or as soon as is reasonably practicable, ”.

PART 10 — Children's Homes

Amendment of the Children's Homes (England) Regulations 2015

11

PART 11 — Inspections

Amendment of Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc) Regulations 2015

12

Omit regulation 27 (frequency of inspections) of Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc) Regulations 2015 .

PART 12 — Review and Expiry

Review

13

The Secretary of State must review the effectiveness of the amendments made by these Regulations during the period for which they have effect.

Expiry

14

PART 13 — Savings Provisions

Suitability assessments

15

In a case where, on the 25th September 2020, —

Private fostering: notifications

16

Where, during the relevant period, a local authority has received notification under regulation 3, 5 or 6 of the Children (Private Arrangements for Fostering) Regulations 2005 Regulations, the local authority may proceed as if the amendments made by these Regulations remain in force.

Children Act 1989 representations

17

Where, during the relevant period, representations have been considered in accordance with regulation 17 of the Children Act 1989 (Representations Procedure) Regulations 2006, any further consideration of those representations by a panel may proceed as if the amendments made by these Regulations remain in force.

Placement

18

Where, during the relevant period, a child has been placed in accordance with regulation 19 of the 2010 Regulations, the responsible authority may proceed as if the amendments made by these Regulations remain in force.

19

Where, during the relevant period, the responsible authority placed a child under regulation 23 of the 2010 Regulations, the placement has effect as if the amendments made by these Regulations remain in force.

Foster parents: temporary approval

20

In a case where, during the relevant period, the responsible authority —

Short breaks

21

In a case where, during the relevant period, a child has been placed in short breaks in accordance with —

Children’s homes: deprivation of liberty

22

Where, on the 25th September 2020, a child is being deprived of their liberty in a children's home in accordance with regulation 20(3) of the Children's Homes (England) Regulations 2015, that regulation continues to have effect as if the amendment made by these Regulations remains in force.

Signed

Vicky Ford — Parliamentary Under Secretary of State for Children and Families — 2020-04-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1989 c. 41. Section 22C(11) was amended by S.I. 2016/413. Section 24(1A) was inserted by section 117(1) of the Adoption and Children Act 2002 (c. 38) and substituted by S.I. 2005/413. Section 26(1) was substituted by S.I. 2016/413. Section 26(2)(e)(f) was inserted by section 118(1)(a)(b) of the Adoption and Children Act 2002. Section 26(2)(k) was repealed by section 10(3) of the Children and Young Persons Act 2008 (c. 23). Section 26(4A) was substituted by S.I. 2016/413. Section 104(4)(c) was repealed by paragraph 25(5) of Schedule 3 to the Children and Young Persons Act 2008. Paragraphs 12A to 12G of Schedule 2 were substituted by paragraph 4 of Schedule 1 to the Children’s and Young Persons Act 2008. Paragraph 12F of Schedule 2 was amended by S.I. 2016/413.

[^f00002]: 2000 c. 14. Section 22(1) was amended by section 103(1) of the Children and Families Act 2014 (c. 6). Section 22(1)(b)(ii) was amended by S.I. 2019/772. Section 22(1A) was inserted by section 103(2) of the Children and Families Act 2014. Section 22(8)(b) was inserted by S.I. 2016/413. Section 31(7) was amended by section 95 of and Schedule 5 to the Health and Social Care Act 2008.

[^f00003]: 2002 c. 38. Section 140(7) was inserted by section 7(1) of the Children and Families Act 2014.

[^f00004]: 2004 c. 31. There are no amendments relevant to these Regulations.

[^f00005]: 2006 c. 40. There are no amendments relevant to these Regulations.

[^f00006]: S.I. 2010/959. Amended by S.I. 2013/706, S.I. 2011/581, S.I. 2018/48, S.I. 2015/495, S.I. 2014/852, S.I. 2014/2013, S.I. 2014/1917 and S.I. 2011/581. Regulation 22A was inserted by S.I. 2014/1556.

[^f00007]: S.I. 2011/581. Amended by S.I. 2013/984.

[^f00008]: S.I. 2002/3213. Amended by S.I. 2013/499. There are other amendments not relevant to these Regulations.

[^f00009]: S.I. 2005/389. Amended by S.I. 2011/589, S.I. 2012/1410, S.I. 2013/985 and S.I. 2005/3482.

[^f00010]: S.I. 2005/1533. There are no amendments relevant to these Regulations.

[^f00011]: S.I. 2006/1738. There are no amendments relevant to these Regulations.

[^f00012]: S.I. 2007/462. There are no amendments relevant to these Regulations.

[^f00013]: S.I. 2015/1792.

[^f00014]: S.I. 2015/541. Amended by S.I. 2016/211.

[^f00015]: 2020 c. 7.

[^f00016]: S.I. 2015/551. Amended by S.I. 2015/971, S.I. 2016/322, S.I. 2017/245, S.I. 2018/246 and S.I. 2019/835.

Foster parents: temporary approval

Short breaks

Children's homes: deprivation of liberty

Editorial notes

[^c24054021]: 1989 c. 41. Section 22C(11) was amended by S.I. 2016/413. Section 24(1A) was inserted by section 117(1) of the Adoption and Children Act 2002 (c. 38) and substituted by S.I. 2005/413. Section 26(1) was substituted by S.I. 2016/413. Section 26(2)(e)(f) was inserted by section 118(1)(a)(b) of the Adoption and Children Act 2002. Section 26(2)(k) was repealed by section 10(3) of the Children and Young Persons Act 2008 (c. 23). Section 26(4A) was substituted by S.I. 2016/413. Section 104(4)(c) was repealed by paragraph 25(5) of Schedule 3 to the Children and Young Persons Act 2008. Paragraphs 12A to 12G of Schedule 2 were substituted by paragraph 4 of Schedule 1 to the Children's and Young Persons Act 2008. Paragraph 12F of Schedule 2 was amended by S.I. 2016/413.

[^c24054031]: 2000 c. 14. Section 22(1) was amended by section 103(1) of the Children and Families Act 2014 (c. 6). Section 22(1)(b)(ii) was amended by S.I. 2019/772. Section 22(1A) was inserted by section 103(2) of the Children and Families Act 2014. Section 22(8)(b) was inserted by S.I. 2016/413. Section 31(7) was amended by section 95 of and Schedule 5 to the Health and Social Care Act 2008.

[^c24054041]: 2002 c. 38. Section 140(7) was inserted by section 7(1) of the Children and Families Act 2014.

[^c24054051]: 2004 c. 31. There are no amendments relevant to these Regulations.

[^c24054061]: 2006 c. 40. There are no amendments relevant to these Regulations.

[^c24054071]: S.I. 2010/959. Amended by S.I. 2013/706, S.I. 2011/581, S.I. 2018/48, S.I. 2015/495, S.I. 2014/852, S.I. 2014/2013, S.I. 2014/1917 and S.I. 2011/581. Regulation 22A was inserted by S.I. 2014/1556.

[^c24054081]: S.I. 2011/581. Amended by S.I. 2013/984.

[^c24054091]: S.I. 2002/3213. Amended by S.I. 2013/499. There are other amendments not relevant to these Regulations.

[^c24054101]: S.I. 2005/389. Amended by S.I. 2011/589, S.I. 2012/1410, S.I. 2013/985 and S.I. 2005/3482.

[^c24054111]: S.I. 2005/1533. There are no amendments relevant to these Regulations.

[^c24054121]: S.I. 2006/1738. There are no amendments relevant to these Regulations.

[^c24054131]: S.I. 2007/462. There are no amendments relevant to these Regulations.

[^c24054141]: S.I. 2015/1792.

[^c24054151]: S.I. 2015/541. Amended by S.I. 2016/211.

[^c24054161]: 2020 c. 7.

[^c24054171]: S.I. 2015/551. Amended by S.I. 2015/971, S.I. 2016/322, S.I. 2017/245, S.I. 2018/246 and S.I. 2019/835.

[^key-c66ec0ddba74bc581e67d51d2cb72144]: Reg. 1 in force at 24.4.2020, see reg. 1(2)

[^key-01d382af4740e373aafcf39bcd8c800b]: Reg. 2 in force at 24.4.2020, see reg. 1(2)

[^key-c128a13eac0c4336da48ab95587db596]: Reg. 3 in force at 24.4.2020, see reg. 1(2)

[^key-fcad8f4a21e95aa2062b2a53787a42b6]: Reg. 4 in force at 24.4.2020, see reg. 1(2)

[^key-55a2b48ff89ed1a0ecc83599e52f00c7]: Reg. 5 in force at 24.4.2020, see reg. 1(2)

[^key-699dfb98707c648c0cb14de90f1be4b8]: Reg. 6 in force at 24.4.2020, see reg. 1(2)

[^key-81cd0453820e951e9122b34edc825b21]: Reg. 7 in force at 24.4.2020, see reg. 1(2)

[^key-1f21ada5718c8d58c8938f2f0d786464]: Reg. 8 in force at 24.4.2020, see reg. 1(2)

[^key-46bef3ce458a9ea876351c4744e7ef2f]: Reg. 9 in force at 24.4.2020, see reg. 1(2)

[^key-0a7207a56b46061b307222130cc08fd9]: Reg. 10 in force at 24.4.2020, see reg. 1(2)

[^key-5f50fe5651f943d0fe54e96ae0979ff6]: Reg. 11 in force at 24.4.2020, see reg. 1(2)

[^key-d6b7fee86dc2d4ae6a8c5621334c21a5]: Reg. 12 in force at 24.4.2020, see reg. 1(2)

[^key-678e950b799f8339c4629d4977498bb6]: Reg. 13 in force at 24.4.2020, see reg. 1(2)

[^key-6a2a301c08fa589b042d4e936c1a2203]: Reg. 14 in force at 24.4.2020, see reg. 1(2)

[^key-5beed67e089603be5fdb4b121927e496]: Reg. 15 in force at 24.4.2020, see reg. 1(2)

[^key-2a9c4bce18de1520c887840613ff1a7f]: Reg. 16 in force at 24.4.2020, see reg. 1(2)

[^key-f70c69dbaf31ac0965307b14c5cdcca8]: Reg. 17 in force at 24.4.2020, see reg. 1(2)

[^key-2b7508b36422557f7243dd04838fa4b3]: Reg. 18 in force at 24.4.2020, see reg. 1(2)

[^key-da47c74bae60890202b0825b3e60066f]: Reg. 19 in force at 24.4.2020, see reg. 1(2)

[^key-c13fafbf07aa4d47cd5d105f35345d74]: Reg. 20 in force at 24.4.2020, see reg. 1(2)

[^key-97ea9eab0e65361254930d73bf8a2072]: Reg. 21 in force at 24.4.2020, see reg. 1(2)

[^key-51495d223f844684802d1153b34705bf]: Reg. 22 in force at 24.4.2020, see reg. 1(2)

[^key-b7f2f8ed6d7049c2c146c1679e53db39]: Words in reg. 14(1) inserted (temp.) (24.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(2), 7(a) (with reg. 8)

[^key-5cd137aebc9bc7f4ab9c1262f0d8b811]: Reg. 14(1A) inserted (temp.) (24.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(2), 7(b) (with reg. 8)

[^key-a4944d09d59252686ec684e94ecf78d7]: Words in reg. 14(1A) substituted (30.3.2021) by The Adoption and Children (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/261), regs. 1(2), 3

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