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

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.