Function(s): Health and social care – Children and family care – Fostering and adoption
The adoption agency must:
(a)obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4
(b)obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination which must include the matters specified in Part 2 of Schedule 4 unless the agency has received advice from its medical adviser that such an examination and report is unnecessary
(c)obtain a written report of each of the interviews with the persons nominated by the prospective adopter to provide personal references for the prospective adopter
(d)where the adoption agency considers it necessary, obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner
(e)where it is not the local authority in whose area the prospective adopter has their home ascertain whether the local authority in whose area the prospective adopter has their home have any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information.
Legislation: Regulation 26 of the Adoption Agencies Regulations 2005
Notes: Amended as a result of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow a decision to be made even if information requested has not yet been obtained. As amended by the Adoption Agencies (Miscellaneous Amendments) Regulations 2013.
Amended by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4 of the Regulations and must prepare a written report (“the prospective adopter’s report”) which contains information about the prospective adopter as specified in Regulations.
Once prepared the adoption agency must deal with the report as specified in Regulations.
Legislation: Regulation 25 of the Adoption Agencies Regulations 2005
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to add 'where applicable' in front of paragraph 5a - notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel; and also 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 send”.
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
The adoption agency must, taking into account the information obtained under regulations 25 and 26, decide whether:
(a)the prospective adopter may be suitable to adopt a child; or
(b)that the prospective adopter is not suitable to adopt a child.
(2) Subject to paragraph (3), the agency must make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that they had decided to proceed with the pre-assessment process in accordance with regulation 21.
Legislation: Regulation 27 of the Adoption Agencies Act 2005
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow a decision to be made where information required under regulations 25 and 26 has yet to be received and allows a relaxation of the time period for making a decision where the specified two months is not reasonably practicable. As amended by the Adoption Agencies (Miscellaneous Amendments) Regulations 2013.
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
The adoption agency must make a decision and following the decision must proceed to notify the prospective adopter of the decision as specified in Regulations.
Where the adoption agency considers that the prospective adopter is not suitable to adopt a child they must advise the reasons and proceed as specified in Regulations.
Legislation: Regulation 30B of the Adoption Agencies regulations 2005
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to relax requirements and time limits regarding the prospective adoption agency decisions and notifications.
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
Where a person (“X”) applies to become a foster parent and the fostering service provider decide to assess X’s suitability to become a foster parent, any such assessment must be carried out in accordance with this regulation..
Legislation: Regulation 26 of the Fostering Services (England) Regulations 2011
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to:
- Change the requirement to notify the prospective foster parent that they are not considered suitable to be 'as soon as is reasonably practicable' rather than within 10 days
- Allow the fostering service provider to decide whether to refer the case to a fostering panel or to make a decision without a referral
- Make a decision without obtaining all the information required
- Change the requirement to send the report and any other information to the fostering panel to 'as soon as is reasonably practicable' rather than within 10 days..
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
Function(s): Health and social care – Children and family care – Looked after children
Subject to paragraph the registered person must ensure that suitable facilities are provided within the children's home for any child accommodated there to meet privately at any reasonable time with the child's parents, friends, relatives or any of the following persons?
(a) a solicitor or other adviser or advocate acting for the child;
(b) an officer of the Children and Family Court Advisory and Support Service appointed for the child;
(c) a social worker assigned to the child;
(d) a person authorised by HMCI;
(e) a person authorised by the local authority in whose area the home is located;
(f) an independent visitor for looked after children
(g) a person authorised by the Secretary of State to conduct an inspection in relation to the home and the children there;
(h) a person appointed under the Children Act 1989 Representations Procedure (England) Regulations 2006;
(i) an independent person visiting the home under regulation 44.
The registered person must keep a record of any meeting carried out.
Legislation: Regulation 22 of the Children's Homes (England) Regulations 2015
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to allow meetings to take place by telephone, video-link or other electronic means where a face to face meeting taking place
(a) would be contrary to any guidance relating to the incidence or transmission of coronavirus published by Public Health England or the Secretary of State for Health and Social Care, or.
(b) is not reasonably practicable for a reason relating to the incidence or transmission of coronavirus.
Applies in: England from 25/09/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
In certain circumstances these regulations apply with modifications.
The circumstances are that:
(a) C is not in the care of the responsible authority,
(b) the responsible authority have arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and
(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.
The modifications are that:
(a) regulations 5 and 9 do not apply, but instead the care plan must set out the arrangements made to meet C’s needs with particular regard to:
(i) C’s health and emotional and behavioural development, in particular in relation to any disability C may have,
(ii) promoting contact between C and C’s parents and any other person who is not C’s parent but who has parental responsibility for C, during any period when C is placed,
(iii) C’s leisure interests, and
(iv) promoting C’s educational achievement,
and must include the name and address of C’s registered medical practitioner, and other required information, where appropriate,
(b) regulations 7, 13 and 49(2)(b) do not apply,
(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
Legislation: Regulation 40 of the Care Planning, Placement and Case Review (England) Regulations 2010
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to:
- remove the requirement for a placement to not exceed 17 days
- to remove the requirement for visits to be when C is placed and the frequency of visits
- to remove the time limits on reviews
- to allow visits to be conducted by telephone, video-link or other electronic means
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
As part of their arrangements for supervising C’s welfare, the responsible authority must ensure that their representative (“R”) visits C in accordance with this regulation, wherever C is living.
Any visit required by this regulation may be conducted by telephone, video-link or other electronic means.
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.
Legislation: Regulation 28 of the Care Planning, Placement and Case Review (England) Regulations 2010
Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow visits to be by electronic means and to relax the timescales.
Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
Function(s): Education and learning – Early years and childcare
Early years - learning and development requirements
Early years providers must have regard to the relevant provisions of the "Statutory Framework for the Early Years Foundation Stage" published by the Secretary of State in securing that the early years provision they provide meets the learning and development requirements.
Legislation: Early Years Foundation Stage (Learning and Development Requirements) Order 2007
Notes: Amended by the Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 to allow the learning and development requirements to be treated as discharged if the provider uses its reasonable endeavours to discharge those requirements and it has not been reasonably practicable for a provider to comply as a result of restrictions or requirements imposed by regulations relating to Coronavirus.
Applies in: England from 26/09/2020 to 31/08/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
A local authority must comply with obligatory requirements in relation to welfare in securing early years provision.
Legislation: Early Years Foundation Stage (Welfare Requirements) Regulations 2012
Notes: Modified by the Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 to amend welfare requirements where it is not reasonably practicable for a provider to comply as a result of restrictions or requirements related to Coronavirus.
Applies in: England from 26/09/2020 to 31/08/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London