The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014

• Citation: S.I. 2014/1556
• Sections: 12

Section 1 Citation and commencement

These Regulations may be cited as the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 and come into force on 25th July 2014.

Section 2 Amendment of the Adoption Agencies Regulations 2005

The Adoption Agencies Regulations 2005 are amended as follows.

Section 3 Amendment of the Adoption Agencies Regulations 2005

In regulation 2 (interpretation) insert in the appropriate place—

“the 2010 Regulations ” means the Care Planning, Placement and Case Review (England) Regulations 2010 ;”.

Section 4 Amendment of the Adoption Agencies Regulations 2005

In regulation 12(1) (requirement to open the child’s case record), at the end, insert—

(j) details of any prospective adopters for the child identified by virtue of regulation 12A(1) (requirement to identify potential prospective adopters); and

(k) the record of any decision notified under regulation 12B (duties of adoption agency when child to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989) and any notification of that decision under regulation 22A of the 2010 Regulations.

Section 5 Amendment of the Adoption Agencies Regulations 2005

After regulation 12 insert—

Requirement to identify potential prospective adopters

(12A)

(1) The adoption agency must—

(a) identify prospective adopters who may be suitable to adopt the child, and

(b) use its best endeavours to identify a particular prospective adopter with whom it proposes the child is placed, as soon as reasonably practicable.

(2) Where the adoption agency is considering adoption for two or more siblings it must, in carrying out the duties in paragraph (1), consider whether to seek to identify prospective adopters who may be suitable to adopt two or more of the siblings together, having regard to the best interests of each sibling.

(3) In determining whether a prospective adopter may be suitable to adopt the child, the adoption agency must assess the ability of the prospective adopter to meet the needs of the child throughout childhood.

Duties of adoption agency when a child is to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989

(12B)

(1) This regulation applies where—

(a) a decision has been made in accordance with regulation 22A of the 2010 Regulations to place the child, and

(b) the adoption agency identifies a particular prospective adopter with whom it proposes the child is placed.

(2) The adoption agency must—

(a) notify the prospective adopter in writing of the decision to place the child with the prospective adopter, and

(b) explain the decision to the child in an appropriate manner, having regard to the child’s age and understanding.

(3) For the purposes of this regulation “placed” means placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.

Section 6 Amendment of the Adoption Agencies Regulations 2005

In regulation 14 (requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others)—

(a) after regulation 14(b)(iii) insert—

(iv) the legal implications of a child being placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also a prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.

(b) in regulation 14(4)(a) for the words “and (iii)” substitute “, (iii) and (iv)”.

Section 7 Amendment of the Adoption Agencies Regulations 2005

In regulation 18(2) omit “, (5)”.

Section 8 Amendment of the Adoption Agencies Regulations 2005

In regulation 32(2), for the words “section 1(2), (4) and (5)” substitute “section 1(2) and (4)”.

Section 9 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

The Care Planning, Placement and Case Review (England) Regulations 2010 are amended as follows.

Section 10 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

Before regulation 8, and under the heading “Contact with a child in care”, insert—

(8ZA) When considering whether contact between C and any of the persons mentioned in paragraphs (a) to (d) of section 34(1) of the 1989 Act is consistent with safeguarding and promoting C’s welfare, the responsible authority must have regard to C’s care plan.

Section 11 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

After regulation 22 insert—

Placement following consideration in accordance with section 22C(9B)(c) of the Act

(22A)

(1) This regulation applies where the responsible authority decides to place C in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of the 1989 Act.

(2) The decision to place C must not be put into effect until it has been approved by a nominated officer, and the responsible authority have prepared a placement plan for C.

(3) Before approving a decision under paragraph (2), the nominated officer must—

(a) be satisfied that the placement is the most appropriate placement available for C and will safeguard and promote C’s welfare;

(b) be satisfied that the requirements of regulation 9(1)(b) have been complied with; and

(c) if their whereabouts are known to the responsible authority, notify the parent or guardian of C of the proposed placement.

Section 12 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

In paragraph 2(2) of Schedule 1 (information to be included in the personal education plan), and in paragraph 9(e) of Schedule 2A (matters to be dealt with in the detention placement plan), for “responsible for” substitute “appointed under section 22(3B) of the 1989 Act for the purpose of” .