The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020

Amendment of the Adoption Agencies Regulations 2005

3.—(1) The Adoption Agencies Regulations 2005(1) 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.”.

(1)

S.I. 2005/389. Amended by S.I. 2011/589, S.I. 2012/1410, S.I. 2013/985, S.I. 2005/3482 and S.I. 2020/445. The amendments made by S.I. 2020/445 cease to have effect on 25th September 2020 subject to savings provisions.