Hello. Welcome, everybody and pleased to welcome you to today's session. My name's after Mahmoud through data law. On this is theseventies session session to where we're looking at local authority procedures assessments on also placements on. Do you know that with this session, I'm taking you through consideration of various elements off Parlow planning the duties upon local authorities to assess why the family, when they are engaged in Children and family cases? Last time you remember, I spent some time looking at describing different types of terms, whether it's fostering, whether it's ken shape, whether it's certainly connected persons on. We went through somebody guidance the rules surrounding exploration of family members from a very early stage. So we looked at family group conferences, the Children of guidance. We looked at the public law outline practice direction 12 B in particular, uh, separate registration 12 every other way. We looked at that on also parents response documents on. We looked at some of the leading authority on what happens if you have, like family members coming forward, as well as the duties upon local authorities to explore why the family members. So I'm going to be containing this further today by looking at the position with adoption in particular on parlor planning on also panels as well as looking at some of the changes that have been brought about as a result of recovered 19 pandemic. So this is us off mid September 2020. So first and foremost last time we looked at the care, planning, placement in case review, England Regulations of 2010 and we looked at regulations 24 in particular in terms of temporary approved Borland off connected persons. And that could be done by exercising the discretion on taking into account, principally the information to shut your four day care planning regulations. Now the equivalent of that in Wales is the care planning, placement on Case Review, Wales Wales Regulations of 2015 Andi Part four in particular, covers the different types off placements in terms of placement with family friends on connected persons. On in particular, you've got Regulation 26 off these 2050 regulations, which provides that where the responsible authorities satisfied that the most appropriate placement for the child is with a connected person. But that collective person is not an approved, uh foster care for a local authority, but it's necessary to place a child with that person. Then they could do so there could be temporarily approved. And this is where there is a temporary approval. Again, it's for the period of 16 weeks, provided the local authority take into account the necessary information under shut your five. In this case of the care, planning, placement in case review, Wales regulations. So you can see this famous mirrors in some respects what we've got with the provision in England, insofar as the approval side is concerned, One of the other things that I want to discuss with you today is that which relates to reviewing the child's placement. So let's assume a child is then subject to, say, accommodation under section 20 of the Children out in England or Section 76 of the social services and well being Whales Act of 2014. So they accommodated voluntarily under section 20 or Section 76 respectively, or they are subject to an interim care order or care order in soda placed in foster care, or maybe with connected persons via Regulation 24 or 26 fruit, as we just discussed. Where do we stand with reviewing that placement. Well, this is where first and foremost you've got Section 22 subsection two of the act, which provides a local authority, must not make any significant change to a child's care plan unless they proposed. Change has first been considered at a review of the child's case, unless it's not reasonably practicable now. This is particularly relevant when the local authority or power are planning. So let's assume you're in care proceedings on Hitherto said. A local authority have been looking up placement with parents Charles currently in foster care. Let's assume, with local authority, foster care is there's been assessment of parents, and there's also an assessment. That's Bean done off, say the grandmother, she's been assessed to say, potentially a special guardianship for the child. Once the assessment of the parents comes back on, once the Special guard sheep assessment comes back, of course, that would need to be considered on if the local authority were also Paolo planning and looking at the feasibility and possibility of adoption for a child. This is where up until those two assessments of the parent and on came back. Until then, the local thought of a parallel planning. But if those assessments are negative, then the local authority may then change to change their plan to one of a single trap plan for adoption, potentially. But to do that to change that plan. This is where Regulation 32 subsection two comes in, which provides that the local authorities should not be making any significant change their child's care. But unless, firstly, that proposed change was considered at the Charles looked at review unless it was not reasonably practicable to We have to do so. So that's where this provision is very, very important in particular. Also, note Regulation 33 subsection one, for example, which provides that local authority must review, uh, the child's case. This is, in the case of England must review the child's case within 20 working days on the date on which the child became looked after. The second review thereafter must be no more than three months after and in subsequent reviews must not be more than six months after. So you got the first review, which is 20 working days than the three month review on the knowledge in six months at thereafter, so you can see the provisioned there on each. At each of these reviews, there is a need for the local authority considered thesis Hegel, seven requirements which need to be met. Schedule seven of these care planning regulations that sets out the key issues which need to be considered at that review, such as, for example, defective change in natural circumstances. Whether decisions from the last review have been followed through, for example have been implemented and if not, why not? Whether there's been a consideration for permanence through other options, the arrangements for contact, for example, and if all of these matters amongst others, which would then need to be considered at this review in that regard now we also need to consider alternative arrangements for Children to be accommodated. So this is where we're looking at private fostering, for example, and this is where we've got the Children. Private arrangements for fostering regulations off 2000 and five, and the worst equivalent of these are the Children. Private arrangements for fostering Wales Regulations of 2000 on six. Now, this is where we do need to ask ourselves, what do we mean by a private fostering? And this is defined under Section 66 off the Children Act of 89 on. You can see here that a probably foster child effectively is a child who is under the age of 16 under 18 if they under a disability on who is cared for and provided with accommodation by somebody other than a parent off there's or other than somebody who is not a parent, but who has parental responsibility for them or somebody who is not a relative of this. So if you've got a situation whereby the child is looked after by, say, a somebody who doesn't come within this category, so therefore who is a family friend, for example, and potentially, you may find that they were privately fostered. But on your son and look, look need to look at the period in the sense that it does go on to provide that a child is not privately fostered. He was a person, came from accommodation and has done so for appeal of less than 28 days on does not intend to do so for any longer period. Now, if a person therefore does come within the category of effectively wanting to enter into a private fasting arrangement, that it's incumbent upon them and indeed the parent to form. The local authorities saw that then there could be a new assessment of their particular situation. There would be a need to be a visit carried out to the home on need to be arrangements and checks and palaces to make sure that they are suitable, unable to be able to meet that child's needs. So that's why these private fostering arrangements are very, very significant, ensuring that if arrangements are being made, that they are suitable in the circumstances for that particular child on like said awash equivalent of these are the Children. Private arrangement for fostering Whales Regulations off 2000 on six Right now, As I mentioned earlier, there is a need to give consideration at a very early stage and proceedings to parallel planning. A local authority, therefore, are obliged to twin track or power plan on. There's a lot of case law that supports this. That is the old case of D. N K. For example, this 1999 9 case, which does require the local authority to ensure that if they are looking at, say, placement would say a family member, then you also need to bear in mind that What if that is not That doesn't happen. What's the alternative? So therefore looking at the alternative plan on. Therefore, if the plan becomes one off adoption, for example, and subject to some limited exceptions since September 2012. If, say, adoption became a possibility for a child in that child's case has to refer to a senior manager to give the approval to pursue a plan for adoption for that child. On that, senior managers Nona's, the agency decision maker, the A D M didn't seek approval to pursue a placement order for that child. So when it does come to plans for adoption, then there are the various regulations things brings in place. Or in England, for example, we have the adoption agencies. Regulation of 2005, as amended on the Russia equivalent were also in 2005. And then there's Bean subsequent amendments in England and Wales that have referred to here. Andi, the each adoption agency must establish what's known as a panel on adoption panel adoption panels over the years have fulfilled many different functions. But since September 2012, both in England and Wales, the two key elements that adoption panels fulfilled are these. Firstly, if I wish to become an adopted, and I would have to go through adoption process and in my assessment would then go to adoption panel, which would consist of a number of people. Some who are local authority employees and based on some who are independent of the local authority on this panel, would then dis make a recommendation or otherwise as to whether I am somebody who is suitable to be an adopter. That recommendation would then go to the agency decision maker to make a decision. That's one role of panel, the other all a panel principally for Children who have been relinquished for adoption by parents had parental responsibility. Legal Guardians is where panel will play a part in deciding whether or not to recommend that that child is seem to prefer adoption or circumstances. So that's the Second World On the third roller panel is what's known as a linking panel, which is where they link that perspective adopter with that particular child, they sit as a matching panel to try and recommend the to being matched with a view to then the agency edition decision maker being asked them to whether or not to ratify that match so you can see panels fulfill very, very significant function and therefore both panels and also the A d M need to have the necessary documentation at hand to be able to make these decisions and recommendations. And one of the key documents which will be provided to panel and indeed to adoption panel. Also to the agency decision maker, is the document known as the Child's Permanence Report in England, although in whilst it's referred to as the child's assessment report on, this provides ah lot of background information about the child, their background, their education, their health on also details about the mother and the father, family members, aunt particularly wider local authority has come to the decision that they have, whereby the upper seeing a plan for adoption for the child. So it's a very detailed report, this one and therefore one that they would need to read amongst other documentation. Now, this is where we also need to bear in mind that there have been changes toothy processes off parallel planning in light of the cove in 19 pandemic, and these were changes principally that came into effect in England. So there were changes that came in on the 24th of April 2020. And these particular regulations I'm looking at here, these are the adoption and Children coronavirus amendment rates of 2020. These particular regulations will cease to have effect on the 25th of September 2020 so you can see that these particular regulations will be seizing very soon on these particular ones only apply in England. What these have done is they have had an impact on matters relating to adoption, fostering and also care planning. So in particular, there were 10 sets of regulations, and the aim of this as a result of the pandemic was to relax on amended requirements as to assist Children services and still continuing with this distributed in light of the pandemic. So, for example, when it comes to changes to adoption, some of the changes have been that there has been a removal for adoption agencies to refer cases to adoption panel. Instead, they can then go ahead on do make decisions through the agency decision making without having gone to the adoption panel. Because off, of course, the difficulty of being able to convene panels during the pandemic, although many local authorities have been having remote panels, Adoption panels of the consequence on also on amendments to the adoption approval process has also had also been changed in relation to care, planning or care. Planning, placement in case review regulations thes were mended so that you remember earlier mentioned that in England there is thetacticsroom approval under 24 for a period of initially up to 16 weeks and then a further eight weeks thereafter. What these changes that came in in the third week of April was such that initial temper approval was now moved from 16 to 24 weeks. So I was in 16. It was 24 weeks and then he can add on another eight weeks thereafter. On this, therefore, increase the length of time there in that regard. So there was that change as well on. There were also changes to fostering in terms of relaxing the time scales with which fostering agencies would take steps and all sort of removing removal of fostering services to also for the Charles case for fostering panel. But again, many local authorities have been holding remote, fostering panels. But like to say these particular changes. Many of thes regulations therefore, will cease to have effect on the 25th of September. But instead as from the 25th of September 2020 there is a new set off regulations which have now come into play, which will be coming into effect. On that is the adoption Children coronavirus amendment number two eggs off. 2020 on these are effective as from 25th of September 2020. So as the first set of regulations go like I said, these are therefore superseding. Those has from 25th of September 2020. I want to summarize some of the key changes firstly in relation to the adoption agencies. Regulations of 2000 and five thes and change the process for assessing and suitability of people to adopt a child so effectively the approval process has changed so that if I want to be adopted, for example, is what's called a stage one on the stage to approach the stage. One normally is for a period of two months, and then there's a foreman stage thereafter, which is the more in depth assessment. Normally, my assessment can't move on to stage two until the stage one information has been obtained, which could be principally medical information, for example. But if that isn't available because of obviously the Corvette 19 difficulties in getting medical assessments being done, then if it's not been obtained Ordinarily, my assessment couldn't move on to stage two, but now it can. It can still move on to stage two as long as that medical information is available, buddy end, But a stage at which I get to the end of the stage to assessment. So it's a question of just following that forward carrying that forward that medical requirement in there. There's also amendments in relation to care planning, placement in case review regulations in England so that these air amended in terms of frequency of visits. On also the fact that those visits by social workers in particular, could be conducted by telephone, video link or the electronic means again because after need to observe social distancing restrictions. So in particular there's the amendments made. So that way it would be contrary to any guidance related Thio transmission of Lakoff, 19 infection away. It's not reasonably practicable for a person to make visits in those circumstances, then these visits can be carried out by telephone by video link or other Elektronik means and in that regard. And there has to be careful note taken off this. So that's the other major change from the 25th of September 2020. On the other change wanted to focus on is the amendments to fostering services England Regs of 2011. So this changes the regulations, which sets out the approval process of approvals as a local authority foster parents so that the fostering service may move on to collecting information required onto the next stage, even though they have not received a medical information requires again. This is very much like the adoption process of mentioned being able to move on to the next stage of the assessment, even though you are still awaiting the medical information. Of course, that information would need to be available ultimately before that person is approved or otherwise as a foster care. So that somebody somebody thinking there, right so you could see in this session I've spent a fair bit of time in this session and the previous ones looking at ah placements. We're looking at adoption looking at placement on looking at the need for power planning and the duties upon local authorities to assess assess family members connected persons on today in particular spent some time looking at the position with reviews and also the changes. As a result of the amendment, Man was brought about in England. A zoo result only covered 19 pandemic. I hope this has been a useful session for you cannot thank you very much indeed for listening on day. I'll speak to you next time. Thank you very much. Bye for now.
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