The Children’s Social Care (Coronavirus) (Temporary Modification of Children’s Social Care) Regulations (Northern Ireland) 2020

Statutory Rules of Northern Ireland

2020 No. 78

Health And Personal Social Services

The Children’s Social Care (Coronavirus) (Temporary Modification of Children’s Social Care) Regulations (Northern Ireland) 2020

Made

6th May 2020

Coming into operation

7th May 2020

The Department of Health, in exercise of the powers conferred by Article 10(1) of the Adoption (Northern Ireland) Order 1987(1), Articles 27(2)(a), 27(5), 28(1) and (3), 34F, 45(1), (2) and (5), 75(2), (4) and (5), 77(3), 89(1), 105(1) and (2)(l) of, and paragraph 6(2) of Schedule 5 to, the Children (Northern Ireland) Order 1995(2) and Article 23(2)(d) and (f) and (5)(a) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(3) makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Children’s Social Care (Coronavirus) (Temporary Modification of Children’s Social Care) Regulations (Northern Ireland) 2020 and shall come into operation on 7^th May 2020.

The Placement of Children with Parents etc. Regulations (Northern Ireland) 1996

2.—(1) The Placement of Children with Parents etc. Regulations (Northern Ireland) 1996(4) shall apply subject to the modifications in paragraph (2).

(2) Regulation 9 (support and supervision of placements) shall apply as if for paragraph (1)(b) there was substituted—

“(b) make arrangements for a person authorised by the authority to visit the child in accordance with guidance issued by the Department.”.

The Foster Placement (Children) Regulations (Northern Ireland) 1996

3.—(1) The Foster Placement (Children) Regulations (Northern Ireland) 1996(5) shall apply subject to the modifications in paragraphs (2) to (7).

(2) Regulation 3 (approval of foster parents) shall apply as if after paragraph (4) there was inserted—

“(4A) Where the conditions set out in paragraph (4B) are satisfied, an authority or voluntary organisation may approve a person to be a foster parent even though the information mentioned in paragraph 9 of Schedule 1 is not available and has not been obtained.

(4B) The conditions are that the authority or voluntary organisation has applied for an enhanced criminal record certificate pursuant to section 113B of the Police Act 1997(6) and has obtained confirmation in writing from the Department of Justice that the prospective foster parent or any adult member of his household is not included in the children’s barred list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(7).”.

(3) Regulation 4 (reviews and terminations of approval) shall apply as if—

(a) paragraphs (1) to (3) were omitted;

(b) in paragraph (4)—

(i) the words “on a review” were omitted;

(ii) in sub-paragraph (a) after “notice” there were inserted “of its decision” and the words “in accordance with paragraph (3)” were omitted;

(iii) for sub-paragraph (b) there were substituted—

“(b) that the foster parent and his household are suitable, it shall give notice of its decision to the foster parent terminating the approval from a date to be specified in the notice.”;

(c) in paragraph (6) for “(3)” there were substituted “(4)”.

(4) Regulation 6 (supervision of placements) shall apply as if—

(a) for paragraph (1)(a) there were substituted—

“(a) make arrangements for a person authorised by it to visit the child in the home in which he is placed in accordance with guidance issued by the Department; and”; and

(b) for paragraph (2) there were substituted—

“(2) In the case of an emergency or immediate placement under regulation 11, the responsible authority is to arrange for the child to be visited in accordance with guidance issued by the Department.”.

(5) Regulation 9 (short-term placements) shall apply as if—

(a) in paragraph (2) there were omitted “but with the modifications set out in paragraphs (3) and (4)”; and

(b) paragraphs (3) and (4) were omitted.

(6) Regulation 11 (emergency and immediate placements by authorities) shall apply as if—

(a) in paragraph (1) for the words “not exceeding 24 hours” there were substituted “specified in guidance issued by the Department”;

(b) in paragraph (3) for the words “not exceeding 12 weeks” there were substituted “specified in guidance issued by the Department”;

(c) after paragraph (3)(a) there were inserted—

“(aa) the person is a prospective adopter and an adoption agency has made a decision under regulation 11(1) of the Adoption Agencies Regulations (Northern Ireland) 1989(8) that he is suitable to be an adoptive parent;

(ab) the person is registered as a child minder under Article 118 of the Children (Northern Ireland) Order 1995;”; and

(d) after paragraph (5) there were inserted—

“(6) For the purposes of paragraph (3)(aa), “prospective adopter” means any person who proposes to adopt a child.”.

(7) Regulation 15 (circumstances necessitating visits by authorities) shall apply as if for paragraph (1) there were substituted—

“(1) Subject to paragraph (2), every authority shall arrange for one of its officers to visit every child who is accommodated with a foster parent within its area by or on behalf of a voluntary organisation in accordance with guidance issued by the Department.”.

The Review of Children’s Cases Regulations (Northern Ireland) 1996

4.—(1) The Review of Children’s Cases Regulations (Northern Ireland) 1996(9) shall apply subject to the modifications in paragraphs (2) and (3).

(2) Regulation 3 (time when case is to be reviewed) shall apply as if there were substituted—

“3.   Each case is to be reviewed in accordance with guidance issued by the Department.”.

(3) Regulation 11 (application of the Regulations to short periods) shall apply as if paragraph (2) were omitted.

The Children (Leaving Care) Regulations (Northern Ireland) 2005

5.—(1) The Children (Leaving Care) Regulations (Northern Ireland) 2005(10) shall apply subject to the modifications in paragraph (2).

(2) Regulation 8 (review of pathway plans) shall apply as if in paragraph (2)(c) for “of not more than six months” there were substituted “specified in accordance with guidance issued by the Department”.

The Children (Secure Accommodation) Regulations (Northern Ireland) 1996

6.—(1) The Children (Secure Accommodation) Regulations (Northern Ireland) 1996(11) shall apply subject to the modifications in paragraph (2).

(2) Regulation 10 (appointment of persons to review placement in secure accommodation in an authority home) shall apply as if in paragraph (1)—

(a) for “3 persons” there were substituted “2 persons”; and

(b) for “3 months” there were substituted “4 months”.

The Adoption Agencies Regulations (Northern Ireland) 1989

7.—(1) The Adoption Agencies Regulations (Northern Ireland) 1989(12) shall apply subject to the modifications in paragraphs (2) and (3).

(2) Regulation 12(2) (placement for adoption) shall apply as if—

(a) in sub-paragraph (g), for the words “within one week of the placement” there were substituted “in accordance with guidance issued by the Department”; and

(b) in sub-paragraph (k), for the words “within three months of the placement” there were substituted “in accordance with guidance issued by the Department”.

(3) Regulation 13 (review of case where no placement made within six months of freeing for adoption) shall apply as if—

(a) in paragraph (1), after the words “shall review that child’s case” there were inserted “in accordance with guidance issued by the Department”; and

(b) paragraph (2) were omitted.

The Representations Procedure (Children) Regulations (Northern Ireland) 1996

8.—(1) The Representations Procedure (Children) Regulations (Northern Ireland) 1996(13) shall apply subject to the modifications in paragraphs (2) to (6).

(2) Regulation 2A(1) (local resolution) shall apply as if—

(a) in sub-paragraph (b) for the words “within 14 days” there were substituted “in accordance with guidance issued by the Department”;

(b) in sub-paragraph (c) the words “at the end of 14 days” were omitted and after the words “has been achieved” there were inserted “within the period specified in guidance issued by the Department”.

(3) In paragraph (1) of regulation 5 (consideration by authority with independent person) for the words “within 28 days of their receipt” there were substituted “in accordance with guidance issued by the Department”.

(4) In regulation 7 (notification to complainant and reference to panel)—

(a) in paragraph (1) for “regulation 5” there were substituted “guidance issued by the Department under regulation 5”; and

(b) in paragraph (2) for the words “within 28 days of the date on which notice is given under paragraph (1)” there were substituted “in accordance with guidance issued by the Department”; and

(c) for paragraph (4) there were substituted—

“(4) The panel shall consider the matter in accordance with guidance issued by the Department.”.

(5) For paragraph (1) of regulation 8 (recommendations) there were substituted—

“(1) When a panel considers the matter, it shall decide on its recommendations and record these with its reasons in writing in accordance with guidance issued by the Department.”.

(6) In paragraph (1) of regulation 9 (monitoring of operation of procedure) after the words “specified in” there were inserted “guidance issued by the Department under”.

The Children’s Homes Regulations (Northern Ireland) 2005

9.—(1) The Children’s Homes Regulations (Northern Ireland) 2005(14) shall apply subject to the modifications in paragraph (2).

(2) Regulation 32 (visits by registered provider) shall apply as if—

(a) in paragraph (3) for the words “at least once a month” there were substituted “in accordance with guidance issued by the Department”; and

(b) paragraph (4)(a) and (b) were omitted.

Expiration

10.  The modifications provided in regulations 2 to 9 shall expire at the end of the period of six months from and including the day on which these Regulations come into operation.

Sealed with the Official Seal of the Department of Health on 6th May 2020

(L.S.)

Mark Lee

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply to procedures within children’s social care in Northern Ireland, modify certain Regulations made under the Adoption (Northern Ireland) Order 1987, the Children (Northern Ireland) Order 1995 and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 to put in place emergency arrangements to protect looked after children, their families, foster parents and social care staff from the virus known as Coronavirus.

Regulation 2 modifies regulation 9(1)(b) of the Placement of Children with Parents etc, (Northern Ireland) Regulations 1996 to provide that visits by an authority to looked after children who have been placed at home with parents shall be undertaken in accordance with guidance issued by the Department.

Regulation 3 modifies the Fostering Placement (Children) Regulations (Northern Ireland) 1996. Paragraph (2) modifies regulation 3 of those Regulations to enable a person to be approved as a foster parent pending receipt of specified information required to determine the suitability of prospective foster parents, on the basis that certain conditions are met. The conditions are that the specified information has been applied for, and the authority or independent fostering provider has obtained confirmation in writing that the prospective foster parent or any adult member of his family is not included in the children’s barred list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Paragraph (3) modifies regulation 4 to remove the requirement for annual reviews of foster parents and their household to be undertaken. Paragraphs (4), (5) and (7) modify regulations 6, 9 and 15 to remove the specified timescales for visits by an authority to a foster child to supervise the placement, visits in the case of immediate or emergency placements and visits to a child in a short-term placement. Instead, visits will be undertaken in accordance with guidance issued by the Department.

Paragraph (6) modifies regulation 11 to remove the restriction that an authority may only place a child in an emergency for a period not exceeding 24 hours (sub-paragraph (a)) or, in an immediate placement, for a period of 12 weeks (sub-paragraph (b)). Instead the Department will produce guidance on the timescales for such placements. Sub-paragraph (c) modifies paragraph 3 to provide that, in addition to a person who is a relative or friend of the child, an authority may make an immediate placement of a child under regulation 11(3) with a prospective adopter in respect of whom an adoption agency has made a decision under regulation 11(1) of the Adoption Agencies Regulations (Northern Ireland) 1989 that he is suitable to be an adoptive parent or with a person who is registered as a child minder under Article 118 of the Children (Northern Ireland) Order 1995.

Regulation 4 modifies regulations 3 and 11 of the Review of Children’s Cases Regulations (Northern Ireland) 1996 to provide that looked after children’s cases, including those children in short-term placements, are to be reviewed in accordance with guidance issued by the Department.

Regulation 5 modifies the Children (Leaving Care) Regulations (Northern Ireland) 2005 to provide that pathway plans of eligible, relevant and former relevant children are to be reviewed in accordance with guidance issued by the Department.

Regulation 6 modifies regulation 10 of the Children (Secure Accommodation) regulations (Northern Ireland) 1996 to reduce from 3 to 2 the least number of persons who shall review the keeping of a child in such secure accommodation and also modifies the timescale for undertaking subsequent reviews of the child’s case from 3 months to 4 months.

Regulation 7 modifies the Adoption Agencies Regulations (Northern Ireland) 1989. Paragraph (2)(a) modifies regulation 12(2)(g) to provide that an adoption agency shall visit a child who has been placed for adoption in accordance with guidance issued by the Department. Paragraph (2)(b) modifies regulation 12(2)(k) to provide that, where a child has been placed and an application for an adoption order has not been made, the adoption agency shall review the placement in accordance with guidance issued by the Department. Paragraph (3) modifies regulation 13 to provide that, where a child has not been placed with prospective adopters within six months of being freed for adoption, the adoption agency shall review the child’s case in accordance with guidance issued by the Department.

Regulation 8 modifies the Representations Procedure (Children) Regulations (Northern Ireland) 1996 to provide that the timescales for operating a procedure for considering representations (including complaints) made to an authority about the discharge its functions under Part IV, Article 37(1) of, or paragraph 4 of Schedule 5 to, the Children (Northern Ireland) Order 1995 shall be in accordance with guidance issued by the Department.

Regulation 9 modifies regulation 32 of the Children’s Homes Regulations (Northern Ireland) 2005 to provide that visits by the registered provider to a children’s home shall take place in accordance with guidance issued by the Department.

Regulation 10 provides that the modifications in regulations 2 to 9 shall expire at the end of the period of six months from and including the day on which these Regulations come into operation.

(1)

S.I. 1987 No. 2203 (N.I. 22)

(2)

S.I. 1995 No. 755 (N.I. 2)

(3)

S.I. 2003 No. 431 (N.I. 9)

(4)

S.R. 1996 No. 463

(5)

S.R. 1996 No. 467

(6)

1997 c.50

(7)

S.I. 2007 No. 1351

(8)

S.R. 1989 No. 253

(9)

S.R. 1996 No. 461

(10)

S.R. 2005 No. 221

(11)

S.R. 1996 No. 487

(12)

S.R. 1989 No. 253

(13)

S.R. 1996 No. 451

(14)

S.R. 2005 No. 176