
1 

(1) These Regulations may be cited as the Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020.
(2) This regulation and regulation 7 come into force on 24th September.
(3) The remainder of these Regulations come into force on 25th September.
2 

(1) The Residential Family Centres Regulations 2002  are amended as follows.
(2) After regulation 25(4) (visits by registered provider) insert—“
(4A) Where paragraph (4B) applies any interview carried out under paragraph (4)(a) may be carried out by telephone, video-link or by other electronic means.
(4B) This paragraph applies where complying with paragraph (4)(a)—
(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.
(4C) In paragraph (4B)  ‘coronavirus’ means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(4D) The person carrying out the visit under paragraph (1) and (2) must keep a record of any interview carried out in accordance with paragraph (4A).”.
3 

(1) The Adoption Agencies Regulations 2005  are amended as follows.
(2) In regulation 26(b) (other pre-assessment information), at the beginning insert “
                Subject to regulation 27(1A),
              ”.
(3) After regulation 27(1) (pre-assessment decision) insert—“
(1A) The adoption agency may make a decision under paragraph (1) even if the information requested under regulation 26(b) has yet to be obtained.
(1B) The adoption agency must keep a record of any decision made in accordance with paragraph (1A).”.
(4) In regulation 30B (adoption agency decision and notification)—
(a) after paragraph (1) insert—“
(1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information required under regulation 26(b).”,
(b) in paragraph (5)(c)(ii), at the beginning insert “
                    subject to paragraph (5A),
                  ”, and
(c) 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 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.”.
4 

(1) The Care Planning, Placement and Case Review (England) Regulations 2010  are amended as follows.
(2) After regulation 28(1) (frequency of visits) insert—“
(1A) Where paragraph (1B) applies any visit required by this regulation may be conducted by telephone, video-link or other electronic means.
(1B) This paragraph applies where carrying out a visit other than in accordance with paragraph (1A)—
(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.
(1C) any visit carried out in accordance with paragraph (1A) must be carried out in accordance with any recommendations given by the nominated officer.
(1D) The responsible authority must keep a record of any visit carried out in accordance with paragraph (1A).
(1E) In paragraph (1B)  ‘coronavirus’ means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).”.
(3) In regulation 48 (application of these regulations with modifications to short breaks)—
(a) in paragraph (1) after  “paragraph 3” insert “
                    and paragraph (4)
                  ”,
(b) in paragraph (3) omit  “The modifications are that—”, and
(c) at the end insert—“
(4) Where paragraph (5) applies any visit required by this regulation may be conducted by telephone, video-link or other electronic means.
(5) This paragraph applies where carrying out a visit other than in accordance with paragraph (4)—
(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.
(6) Any visit carried out in accordance with paragraph (4) must be carried out in accordance with any recommendations given by the nominated officer.
(7) The responsible authority must keep a record of any visit carried out in accordance with paragraph (4).
(8) In this paragraph  ‘coronavirus’ means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).”.
5 

(1) The Fostering Services (England) Regulations 2011  are amended as follows.
(2) In regulation 26 (assessment of prospective foster parent)—
(a) 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—”, and
(b) after paragraph (2) insert—“
(2A) The fostering service provider may comply with paragraph (2)(a) even if the information required by paragraph 2 of Schedule 3 has yet to be obtained.
(2B) A fostering service provider must keep a record of any decision made in accordance with paragraph (2A).”.
6 

(1) The Children's Homes (England) Regulations 2015  are amended as follows.
(2) In regulation 22 (contact and access to communications)—
(a) in the opening words to paragraph (1) for  “The registered person” substitute “
                    Subject to paragraph (1A) the registered person
                  ”.
(b) after paragraph (1) insert—“
(1A) Where paragraph (1B) applies any meeting referred to in paragraph (1) may take place by telephone, video-link or other electronic means.
(1B) This paragraph applies where a meeting taking place in accordance with paragraph (1)—
(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.
(1C) The registered person must keep a record of any meeting carried out in accordance with paragraph (1A).
(1D) in this paragraph  “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).”.
7 
In regulation 14 of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020  (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)—
(a) in paragraph (1) after  “Part 13” insert “
                and paragraph (1A)
              ”,
(b) after paragraph (1) insert—“
(1A) The amendment made by regulation 12 ceases to have effect on 31st March 2021.”.
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(1) The Secretary of State must review the effectiveness of the amendments made by these Regulations during the period for which they have effect.
(2) These Regulations expire at the end of 30th September 2021.
(3) This regulation does not affect the validity of anything done pursuant to the amendments made by these Regulations before they cease to have effect.
Vicky Ford

Parliamentary Under Secretary of State for Children and Families

Department for Education
