The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020

• Citation: S.I. 2020/1082 (W.)
• Sections: 10

Section 1 Title and commencement

(1) The title of these Regulations is the Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020.

(2) These Regulations come into force on 1 November 2020.

Section 2 Amendment of the Adoption Agencies (Wales) Regulations 2005

The Adoption Agencies (Wales) Regulations 2005 are amended in accordance with regulations 3 to 6.

Section 3

In regulation 27 (pre-assessment decision)—

(a) after paragraph (1) insert—

(1A) If the information required under regulations 25 and 26 has yet to be obtained the adoption agency may decide to proceed as if it has made a decision under paragraph (1)(a).

(b) in paragraph (2), after “agency must” insert “ , where reasonably practicable, ” ;

(c) in paragraph (4)—

(i) in the opening words, after “adopt a child,” insert “ or where paragraph (1A) applies, ” ;

(ii) in sub-paragraph (b), after “they must” insert “ , where reasonably practicable, ” .

Section 4

In regulation 28 (stage 2 assessment)—

(a) in paragraph (1)—

(i) for “within six months from the date on which the agency notified the prospective adopter” substitute “ following notification ” ;

(ii) after “regulation 27(4)” insert “ or where regulation 27(1A) applies ” ;

(b) omit paragraphs (2) and (3).

Section 5

In regulation 30 (prospective adopter's report)—

(a) in paragraph (2)(c), for “26(e)” substitute “ 26(e) or (f) ” ;

(b) in paragraph (6)(b), for “26(b) to (e)” substitute “ 26(b) to (f) ” .

Section 6

In regulation 30B (adoption agency decision and notification)—

(a) in paragraph (1), after “agency must” insert “ , where reasonably practicable, ” ;

(b) after paragraph (1) insert—

(1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information required under regulations 25 and 26.

(c) in paragraph (2), omit sub-paragraph (a) and the “or” immediately following it;

(d) in paragraph (5)(c)(ii), at the beginning insert “ subject to paragraph (5A), ” ;

(e) after paragraph (5) insert—

(5A) Where regulation 27(1A) applies and the adoption agency considers that the prospective adopter is not suitable to adopt a child because of information obtained under regulation 25 or regulation 26, the prospective adopter may not apply to the Welsh Ministers for a review by an independent review panel of the qualifying determination.

Section 7 Amendment of the Care Planning, Placement and Case Review (Wales) Regulations 2015

The Care Planning, Placement and Case Review (Wales) Regulations 2015 are amended in accordance with regulation 8.

Section 8

In regulation 26(1) (temporary approval of a relative, friend or other person connected with C), for “16 weeks” substitute “ 24 weeks ” .

Section 9 Expiry

(1) Subject to regulation 10, the amendments made by regulations 2, 3, 4, 6, 7 and 8 cease to have effect on 30 September 2021 .

(2) This regulation does not affect the validity of anything done pursuant to the amendments made by these Regulations before they cease to have effect.

Section 10 Savings: suitability assessments

In a case where, on 30 September 2021 , an adoption agency is in the process of assessing the suitability of a prospective adopter in accordance with Part 4 of the Adoption Agencies (Wales) Regulations 2005, that assessment must continue as if the amendments made by these Regulations remain in force.