Children And Young Persons, England 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 2010 ; “ the 2011 Regulations ” means the Fostering Services (England) Regulations 2011 ; 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 2002 are 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 in paragraph (3) after “or (2) shall” insert “ , as far as reasonably practicable, ” , b in paragraph (4)(b) at the beginning insert “ as far as reasonably practicable, ” , and 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 2005 are amended as follows. 2 In regulation 4 (constituting an adoption panel)— a in paragraph (1) for “must constitute” substitute “ may constitute ” , and 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 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 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 in paragraph (2) after “agency must” insert “ , where reasonably practicable, ” . 9 In regulation 28 (stage 2 assessment)— a in paragraph (1) for “within six months from the date on which the agency notified the prospective adopter” substitute “ following notification ” , and b omit paragraph (2). 10 In regulation 30 (prospective adopter's report)— a in paragraph (5)(a) at the beginning insert “ where applicable, ” , and 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 in paragraph (1) after “adopt a child” insert “ , where reasonably practicable, ” , 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 in paragraph (5)(c)(ii), at the beginning insert “ subject to paragraph (5A), ” , 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 in paragraph (9)(b) for “panel and the recommendation” substitute “ panel and any recommendation ” . 12 In regulation 30D (review and termination of approval)— 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 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 in paragraph (3) for “prospective adopter that” substitute “ prospective adopter whether ” , and 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 2005 are 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 in sub-paragraph (a) after “fostering arrangement” insert “ , where reasonably practicable ” , and 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 2006 are 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 in paragraph (2) after “of the meeting” insert “ , or as soon as is reasonably practicable, ” , and 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 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 1 The 2010 Regulations are amended as follows. 2 In regulation 2 (interpretation), omit the definition of “connected person”. 3 In regulation 5(1) (preparation and content of the care plan)— a in sub-paragraph (c) after “placement plan” insert “ once prepared ” , and b in sub-paragraph (e) after “placement plan” insert “ , once this has been prepared ” . 4 In regulation 9(2) (placement plan), for “within five working days of” substitute “ as soon as is reasonably practicable after ” . 5 For regulation 11(4)(a) (placement decision) substitute— a F who is a person with whom a placement is made under regulation 24, or . 6 In regulation 18(1) (decision to place a child with P), omit “and the responsible authority have prepared a placement plan for C”. 7 In regulation 19(b) (circumstances in which a child may be placed with P before assessment completed), for “within 10 working days of” substitute “ as soon as is reasonably practicable after ” . 8 In regulation 22A(2) (placement following consideration in accordance with section 22C(9B)(c) of the Act)— a omit paragraph (2), and b for the opening words of paragraph (3) substitute— 3 Before making a placement under paragraph (1), the responsible authority must— . 9 Omit regulation 22B(2)(a) (conditions to be complied with before placing C in a long term foster placement). 10 In regulation 23 (emergency placement with a local authority foster parent), for the words “six working days” in both places in which they occur substitute “ twenty four weeks ” . 11 In regulation 24 (temporary approval of relative, friend or other person connected with C)— a for paragraph (1) and the heading to the regulation substitute— Temporary approval 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). , b in paragraph (2) omit the word “connected” in each place it occurs, and c omit paragraph (3). 12 In regulation 25 (expiry of temporary approval) omit the word “connected” in each place that it occurs. 13 After regulation 28(1) (frequency of visits) insert— 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. . 14 In regulation 33(2) (timing of reviews), for “at intervals of not more than six months” substitute “ where reasonably practicable thereafter ” . 15 For regulation 36(2) (the role of the IRO) substitute— 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. . 16 In regulation 42(2)(c) (assessment of needs) omit “and other connected persons”. 17 In regulation 47C(3) (application of these regulations to children on remand), for the words “within five working days of” substitute “ as soon as is reasonably practicable from ” . 18 In regulation 48 (application of these regulations with modifications to short breaks)— a for paragraph (2)(c) substitute— 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. . b for paragraphs (3)(c) and (d) substitute— 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. . 19 In Schedule 4 (matters to be taken into account when assessing the suitability of a connected person to care for C)— a for the heading substitute— “ Matters to be taken into account when assessing the suitability of any person to care for C ” , b in the opening words to paragraph 1 omit the word “connected”, c in paragraph 1(d)(i) omit the word “connected”, d in paragraph 1(d)(v) omit the word “connected”, e for paragraph 1(e)(v) substitute— v particulars of relatives and any relationships with C and the person, , and f in paragraph 1(h) omit the word “connected”. PART 8 Fostering Services Amendment of the Fostering Services (England) Regulations 2011 9 1 The 2011 Regulations are amended as follows. 2 In regulation 4(b) (review of statement of purpose and children's guide), for “within 28 days” substitute “ as soon as is reasonably practicable ” . 3 In regulation 6(3) (appointment of manager), for “without delay” substitute “ as soon as is reasonably practicable ” . 4 In regulation 9 (notification of offences), for “without delay” substitute “ , as soon as is reasonably practicable, ” . 5 In regulation 10 (manager), for “without delay” in both places it occurs substitute “ as soon as is reasonably practicable ” . 6 In regulation 23 (constitution and membership of fostering panel)— a in paragraph (4)— i for “must constitute” substitute “ may constitute ” , and ii after “Regulations, and” insert “ where a panel is constituted, the fostering service provider ” , b in paragraph (7) omit “the fostering panel has sufficient members, and that”. 7 For regulation 24(1)(iii) (meetings of fostering panel) substitute— iii one other independent person, and . 8 In the opening words of regulation 25(4) (functions of fostering panel), for “must also” substitute “ may also ” . 9 In regulation 26 (assessment of prospective foster parent)— a in paragraph (1C)(b) for “may not be given more than 10 working days” substitute “ must be sent as soon as is reasonably practicable ” , b for the opening words of paragraph (2) substitute— 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— , c in paragraph (2)(d) at the beginning insert “ decide whether to refer the case to the fostering panel or to proceed to make a decision under regulation 27 without such a referral and, where the case is referred the fostering service provider must ” , d after paragraph (2) insert— 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 e For the opening words to paragraph (4) substitute— 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— , 10 In regulation 27 (approval of foster parents)— a in paragraph (2)(b) at the beginning insert “ where the case was referred to the fostering panel, ” , b in paragraph (3) for “A fostering” substitute “ Where the case was referred to the fostering panel a fostering, ” , c in paragraph (6)(a) after “their reasons and” insert “ , where the case has been referred to the fostering panel, ” , d for paragraph (9) substitute— 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 e in paragraph (10) for “into account the” substitute “ into account any ” . 11 For regulation 28(2) (reviews and terminations of approval) substitute— 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. , 12 In regulation 30(2)(a) (case records relating to foster carers and others) after “fostering panel” insert “ (if any) ” . 13 Omit regulation 42(2)(b)(i) (application of these regulations with modifications for short breaks). 14 In paragraph 2 of Schedule 3 (information as to prospective foster parent (“X”) and other members of their household and family) omit “(supported by a medical report)”, and 15 In Column 2 of Schedule 7 (events and notifications) omit “yes” in the 4th place in which it occurs in the column headed “chief inspector”. 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 1 The Children's Homes Regulations 2015 are amended as follows. 2 In regulation 6(3)(c) (the quality and purpose of care standard), before “the care” insert “ as far as reasonably practicable ” . 3 In regulation 8(2) (the education standard), after “person to” insert “ use reasonable endeavours to ” . 4 In regulation 20(3) (restraint and deprivation of liberty), after “court order” insert “ or in accordance with an exercise of powers under Schedule 21 to the Coronavirus Act 2020 ” . 5 In regulation 22(1) (contact and access to communications), after “meet privately” insert “ (or where this is not possible to speak privately over the telephone, a video-link or other electronic communication method) ” . 6 In regulation 44(1) (independent person: visits and reports), after “person must” insert “ use reasonable endeavours to ” . 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 1 Subject to Part 13 and paragraph (1A) , the amendments made by these Regulations cease to have effect on the 25th September 2020. 1A The amendment made by regulation 12 ceases to have effect at the end of 30th September 2021 . 2 This regulation does not affect the validity of anything done pursuant to the amendments made by these Regulations before they cease to have effect. PART 13 Savings Provisions Suitability assessments 15 In a case where, on the 25th September 2020, — a an adoption agency is in the process of assessing the suitability of a prospective adopter in accordance with Part 4 of the Adoption Agencies Regulations 2005, or b a fostering service provider is in the process of assessing the suitability of a person to become a foster parent under regulation 26 of the 2011 Regulations, that assessment must continue as if the amendments made by these Regulations remain in force. 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 — a started to approve a person as a local authority foster parent, or b approved a person as a local authority foster parent, in accordance with regulation 24 of the 2010 Regulations, the responsible authority must proceed as if the amendments made by these Regulations remain in force. Short breaks 21 In a case where, during the relevant period, a child has been placed in short breaks in accordance with — a regulation 48 of the 2010 Regulations, or b regulation 42 of the 2011 Regulations, those regulations continue apply to the short breaks as if the amendments made by these Regulations remain in force. 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. Vicky Ford Parliamentary Under Secretary of State for Children and Families Department for Education