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Family Law

The leading authority on all aspects of family law

18 JUN 2014

The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (SI 2014/1556)

The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 were published on 18 June 2014

These Regulations amend the Adoption Agencies Regulations 2005 (the AARs), which make provision about the exercise by adoption agencies (that is, local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002 (the Act). They also amend the Care Planning, Placement and Case Review (England) Regulations 2010 (the CPPCRRs), which make provision about care planning for children who are looked after by local authorities. They come into force on 25th July 2014.

New regulation 12A of the AARs imposes duties on adoption agencies to identify prospective adopters when they are considering adoption for a child.

New regulation 12B of the AARs requires that, when an adoption agency decides to place a looked after child under section 22C of the of the Children Act 1989 following consideration in accordance with section 22C(9B)(c) of that Act (which is inserted by the Children and Families Act 2014) (that is a placement of a looked after child with local authority foster parents who are also approved prospective adopters), the agency must notify the prospective adopter of its decision and explain the decision to the child.

New regulation 22A of the CPPCRRs provides that a decision to place a child in accordance with section 22C of the Children Act 1989 following consideration in accordance with section 22C(9B)(c) must be approved by a nominated officer before it can be put into effect.

New Regulation 14(b)(iii) of the AARs provides that when an adoption agency is providing a counselling service for the parent or guardian of a child the agency must explain the legal implications of a child being placed in accordance with section 22C of the Children Act 1989 following consideration in accordance with section 22C(9B)(c) of that Act.

New regulation 8ZA of the CPPCRRs requires that, when considering the issue of what contact there should be between a child and their family, the local authority must have regard to the child’s care plan.

These Regulations also make minor amendments to the AARs and CPPCRRs consequent on the Children and Families Act 2014 (regulations 7, 8 and 12).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 is available to download here.

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