48.—(1) In the circumstances set out in paragraph (2) these Regulations apply with the modifications set out in paragraph (3) [F1and paragraph (4)].
(2) 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)no single placement is intended to last for longer than 17 days,
(ii)at the end of each such 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
(iii)the short breaks do not exceed 75 days in total in any period of 12 months.
(3) [F2The 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 the information set out in paragraph 3 of Schedule 2, 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 on days when C is in fact placed, at regular intervals to be agreed with the IRO and C's parents (or any person who is not C's parent but who has parental responsibility for C) and recorded in the care plan before the start of the first placement, and in any event—
(i)the first visit must take place within three months of the start of the first placement, or as soon as practicable thereafter, and
(ii)subsequent visits must take place at intervals of not more than six months, for as long as the short breaks continue,
(d)regulation 33 does not apply, but instead—
(i)the responsible authority must first review C's case within three months of the start of the first placement, and
(ii)the second and subsequent reviews must be carried out at intervals of not more than six months.
[F3(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).]
Textual Amendments
F1Words in reg. 48(1) inserted (temp. until end of 30.9.2021) (25.9.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 4(3)(a) (with reg. 8) (as amended (30.3.2021) by S.I. 2021/261, regs. 1(2), 4)
F2Words in reg. 48(3) omitted (temp. until end of 30.9.2021) (25.9.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 4(3)(b) (with reg. 8) (as amended (30.3.2021) by S.I. 2021/261, regs. 1(2), 4)
F3Reg. 48(4)-(8) inserted (temp. until end of 30.9.2021) (25.9.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 4(3)(c) (with reg. 8) (as amended (30.3.2021) by S.I. 2021/261, regs. 1(2), 4)
49.—(1) The responsible authority must establish and maintain a written case record for C (“C's case record”), if one is not already in existence.
(2) The case record must include—
(a)C's care plan, including any changes made to the care plan and any subsequent plans,
(b)reports obtained under regulation 7,
(c)any other document created or considered as part of any assessment of C's needs, or of any review of C's case,
(d)any court order relating to C,
(e)details of any arrangements that have been made by the responsible authority with any other local authority or with an independent fostering agency under regulation 26 and Schedule 5, or with a provider of social work services, under which any of the responsible authority's functions in relation to C are discharged by that local authority or independent fostering agency or provider of social work services.
49A. The responsible authority may transfer a copy of C’s case record (or part of that record) to an adoption agency when it considers this to be in the interests of C, and a written record shall be kept of any such transfer.]
Textual Amendments
F4Reg. 49A inserted (5.3.2018) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/152), regs. 1, 4
50.—(1) The responsible authority must retain C's case record either—
(a)until the seventy-fifth anniversary of C's birth, or
(b)if C dies before attaining the age of 18, for fifteen years beginning with the date of C's death.
(2) The responsible authority must secure the safe keeping of C's case record and take any necessary steps to ensure that information contained in it is treated as confidential subject only to—
[F5(aa)regulation 49A,]
(a)any provision of, or made under or by virtue of, a statute under which access to such a record or information may be obtained or given,
(b)any court order under which access to such a record or information may be obtained or given.
Textual Amendments
F5Reg. 50(2)(aa) inserted (5.3.2018) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/152), regs. 1, 5
51. The Regulations set out in Schedule 9 are revoked.