Changes to local authority powers and duties

Health protection, adoption and fostering, early years, children’s homes and postponed elections resulting from Coronavirus Regulations 2020

Introduction

This is a guide to the provisions of the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020, Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020, Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020, Health Protection (Coronavirus, Restrictions) (England) (No.2) Regulations 2020, Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020, Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 and to new, modified or suspended local government powers and duties applicable to local authorities in England only up to 30th September 2020. It is a guide and not legal advice and so if you are unsure or have any concerns about the meaning of or applicability of the Act or any of the provisions made under the Act you should seek your own detailed legal advice.

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New duties

Function(s): Administration and Government – Commercial activities, Leisure and culture – Leisure activities, Leisure and culture – libraries, Leisure and culture – Museums and galleries, Leisure and culture – Sports and sporting venues
 

Health protection - provision of QR code for collection of contact details

A local authority running any services included in these regulations, from indoor or outdoor premises, must display and make available a QR code at relevant premises with a view to enabling an individual to scan the QR code.

Legislation: Regulation 6 and the Schedule of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - collection of individual contact details

The local authority has a duty to collect required contact details from anyone entering indoor or outdoor premises run by the authority providing services to customers. 

Certain types of visit are exempt from the requirement and details do not need to be collected where an individual has scanned the QR code, is unable to do so because of health or disability or is under 16.

Legislation: Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - collection of group contact details

Where a group of individuals enter premises providing services other than for exempt purposes a local authority running services from the premises must either collect information from each individual who has not scanned the QR code or is unable to do so because of health or disability or is under aged 16 or a relevant person must request that a single member of the group provides those details in place of any other member of the group doing so.

Contact details, the time and place of entry and the number of people in the group must be recorded.

Legislation: Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - retention and destruction of contact details records

A local authority must retain, securely, the details provided to, or recorded by, them in respect of contact details for a period of 21 days beginning with the day on which the details are provided.

The authority must then destroy those details as soon as is reasonably practicable after the expiry of the 21 day period unless there is another basis on which the details may lawfully be retained.

Legislation: Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - disclosure of contact details records

A local authority must disclose records of contact details collected pursuant to these regulations when required to do so by the Secretary of State.

Legislation: Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - refusal of entry

Where the local authority (in respect of their property from which the Service is run) becomes aware that either:

  • an individual has not provided the details required by these regulations, having been requested to do so in accordance with regulations or
  • where it becomes aware that no member of a group has provided the required details, at least one of them having been requested to do so

it must take all reasonable steps to prevent entry by an individual to the relevant premises that they occupy or operate or by every member of a group which seeks to enter those premises.

Legislation: Regulation 16 of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Function(s): Administration and Government – Commercial activities, Community safety – Emergencies

Health protection - temporary restrictions on businesses/services

A local authority where it is responsible for carrying on any of the businesses or facilities referred to in these regulations must carry on that business or to provide that service in accordance with restrictions on:

  • Opening hours
  • Selling for consumption off premises
  • Timing of cinema, theatre or concert hall performances
  • Motorway service areas
  • Sale of food and alcohol to seated customers only.

Legislation: Regulation 4A of the Health Protection (Coronavirus, Restrictions) (England) (No.2) Regulations 2020

Notes: See also Regulation 4B and Schedule 3
Applies in: England from 24/09/2020 until 03/01/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - food and drink premises

A local authority where it is responsible for carrying on a business of a public house, café, restaurant or other relevant business must, during the emergency period, take all reasonable measures to ensure that:

  • no bookings for a table are accepted for a group of more than six persons unless one of the exemptions in regulation 5 of the Principal Regulations applies;
  • no persons are admitted to the premises in a group of more than six, unless one of the exemptions in regulation 5 of the Principal Regulations applies;
  • no person in one qualifying group mingles with any person in another qualifying group where this is not permitted under the Principal Regulations;
  • an appropriate distance is maintained between tables occupied by different qualifying groups.

Legislation: Regulation 2 of the Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 16/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly

New powers

Function(s): Administration and Government – Commercial activities, Leisure and culture – Leisure activities, Leisure and culture – libraries, Leisure and culture – Museums and galleries, Leisure and culture – Sports and sporting venues

 

Health protection - fixed penalty notices for contact details offences

An authorised person may issue a fixed penalty notice to anyone that the authorised person reasonably believes:

(a) has committed an offence under these Regulations, and

(b) is aged 18 or over.

The authority in the notice must be:

(a) the local authority, (or as the case may be, any of the local authorities), in whose area the offence is alleged to have been committed (“the relevant local authority”), or

(b) an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation (“the designated officer”).

The content of the fixed penalty notice and the amount of the fixed penalty must be as specified in these Regulations.

Legislation: Regulation 18 of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly
 

Health protection - proceedings for an offence

Proceedings for an offence related to the collection of contact details under these Regulations may be brought by a local authority and the Crown Prosecution Service.

Legislation: Regulation 17 of the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 23/09/2021
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London and the Council of the Isles of Scilly

Function(s): Administration and Government – Democracy

Postponed elections and referendums - postal ballots

Where a local authority makes arrangements for the election of a councillor for any local government area in England to fill a casual vacancy; or a referendum, the poll for which is conducted in accordance with Schedule 3 or 5 to the 2012 Regulations (neighbourhood planning referendums).

In circumstances where notice of election or (as the case may be) notice of the referendum was required to be published on or before 6th April 2020, and the poll for that election or referendum was not held on the date required to be stated in that notice as a result of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020(1).

A postal ballot paper which was returned by a postal voter has no effect for the purpose of the postponed poll.

Legislation: Regulation 3 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

Postponed elections and referendums - treatment of postal ballot documents

Where notice of an election or referendum was required to be published on or before 6th April 2020 and the poll for that election or referendum was not held on the date required the returning officer must comply with regulations concerning the opening of and disposal of postal ballots.

Legislation: Regulation 4 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

 

Postponed elections - duties of registration officer

Where notice of an election or referendum was required to be published before 6th April 2020 and the poll was not held on the date specified the relevant registration officer must:

(a)retain the documents forwarded to the officer in accordance with regulation 4(4) for the period of one year, and

(b)after that period, cause those documents to be destroyed, unless otherwise directed by an order of a county court, a Crown Court or a magistrates’ court.

A person must not be allowed to inspect any of the documents in the possession of the relevant registration officer, except in accordance with an order made by a court for the inspection or production of any document for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers.

Legislation: Regulation 5 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

 

Postponed elections - London Mayor or assembly and councillor by-elections

The authority must comply with these regulations in relation to any candidates for the postponed election for the Mayor of London and London Assembly due to be held on 7th May 2020 and any postponed by-election to fill a vacancy in the office of councillor for any principal area in England.

Legislation: Regulation 8 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

Postponed elections - parish council by-elections

A local authority must observe the following:

A person (“P”) who became a candidate at a relevant by-election to fill a casual vacancy in the office of parish councillor on or before 6th April 2020 is no longer a candidate, and is treated as not having been a candidate before the coming into force of this regulation.

Nothing in paragraph 1 above affects whether or not P is a candidate at the postponed poll for such an election.

Legislation: Regulation 9 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

 

Postponed elections - police and crime commissioner elections

A returning officer for a relevant PCC election may recover charges in respect of expenses incurred for or in connection with that election, notwithstanding that the election was not held, if the expenses were necessarily incurred for the efficient and effective conduct of the election.

The amount of any charges recoverable is to be paid by the Minister on an account being submitted to the Minister.

Legislation: Regulation 10 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Notes:
Applies in: England from 22/09/2020
Applies to: County council, District council, London borough, Metropolitan council, Unitary authority, the Council of the Isles of Scilly

 

Function(s): Community safety – Emergencies

Health protection - enforcement and prohibition notices

A local authority may designate a relevant person to take such action as is necessary to enforce the requirement to close premises and businesses during the emergency.

Legislation: Regulation 7 of the Health Protection (Coronavirus, Restrictions) (England) (No.2) Regulations 2020

Notes:
Applies in: England from 24/09/2020 until 03/01/2021
Applies to: All local authorities in England
 

Health protection - fixed penalty notice relating to closures and access to public places

A local authority may designate an authorised person to issue fixed penalty notices in relation to an alleged offence arising from a breach the requirements imposed by these regulations or the obstruction of a person carrying out a function under regulations related to premises closures or access to public spaces.

The conditions under which a fixed penalty notice can be issued and the amount of the fixed penalty are as specified in these regulations.

Legislation: Regulation 9 of the Health Protection (Coronavirus, Restrictions) (England) (No.2) Regulations 2020

Notes:
Applies in: England from 24/09/2020 until 03/01/2021
Applies to: All local authorities in England

Health protection - fixed penalty notices relating to hospitality settings

Where a hospitality setting has committed a breach of the requirements of the Regulations an authorised person may issue a fixed penalty notice.

The authority specified in the notice must be either the local authority (or as the case may be, any of the local authorities) in whose area the offence is alleged to have been committed or an officer designated by the Secretary of State, or by the relevant local authority, for the purposes of this regulation.

The procedures for issuing a fixed penalty notice and the amount of the penalty should be as described in the Regulations.

Legislation: Regulation 4 of the Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020

Notes:
Applies in: England from 18/09/2020 until 16/09/2021
Applies to: All local authorities in England
 

Health protection - self-isolation notifications

A local authority may appoint officers to deal with notifications from people who are self-isolating.

Legislation: Regulation 2 of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Notes:
Applies in: England from 28/09/2020 until 27/09/2021
Applies to: All local authorities in England
 

Health protection - enforcement of self-isolation regulations

A person authorised by a local authority may, where the authorised person considers that P is away from the place that they are self-isolating in contravention of regulation 2, the authorised person may direct P to return to the place where they are self-isolating, or remove P to the place that they are self-isolating.

An authorised person may use reasonable force, if necessary, in exercise of the power.

Legislation: Regulation 10 of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Notes:
Applies in: England from 28/09/2020 until 27/09/2021
Applies to: All local authorities in England
 

Health protection - fixed penalty notices regarding self-isolation

A person authorised by a local authority may, issue a fixed penalty notice to anyone that the authorised person reasonably believes has committed an offence under these Regulations.

Legislation: Regulation 11 of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Notes: See also Regulation 12
Applies in: England from 28/09/2020 until 27/09/2021
Applies to: All local authorities in England
 

Health protection - prosecutions regarding self-isolation

A local authority may commence criminal proceedings in respect of an offence under these Regulations.

Legislation: Regulation 11 of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Notes: See also Regulation 13
Applies in: England from 28/09/2020 until 27/09/2021
Applies to: All local authorities in England
 

Health protection - sharing of information

A local authority may share certain  information collected under these Regulations in the following circumstances:

  • An authorised person may disclose relevant information regarding an individual required to self-isolate, to any person (H) for the purposes of carrying out a function under these Regulations, or preventing danger to the health of the public as a result of the spread of infection or contamination with coronavirus or coronavirus disease..

Legislation: Regulation 14 of the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Notes:
Applies in: England from 28/09/2020 until 27/09/2021
Applies to: All local authorities in England

Revised duties

Function(s): Health and social care – Children and family care – Fostering and adoption

Adoption - other pre-assessment information

The adoption agency must:

(a)obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4

(b)obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination which must include the matters specified in Part 2 of Schedule 4 unless the agency has received advice from its medical adviser that such an examination and report is unnecessary

(c)obtain a written report of each of the interviews with the persons nominated by the prospective adopter to provide personal references for the prospective adopter

(d)where the adoption agency considers it necessary, obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner

(e)where it is not the local authority in whose area the prospective adopter has their home ascertain whether the local authority in whose area the prospective adopter has their home have any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information.

Legislation: Regulation 26 of the Adoption Agencies Regulations 2005

Notes: Amended as a result of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow a decision to be made even if information requested has not yet been obtained.  As amended by the Adoption Agencies (Miscellaneous Amendments) Regulations 2013.

Amended by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Adoption - prospective adopter’s report

The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4 of the Regulations and must prepare a written report (“the prospective adopter’s report”) which contains information about the prospective adopter as specified in Regulations.

Once prepared the adoption agency must deal with the report as specified in Regulations.

Legislation: Regulation 25 of the Adoption Agencies Regulations 2005

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to add 'where applicable' in front of paragraph 5a - notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel; and also in paragraph (6) after “agency must” insert “decide whether or not to refer the case to an adoption panel or proceed to make a decision under regulation 30B without such a referral and, if the case is being referred to an adoption panel, the adoption agency must send”.

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Adoption - pre-assessment decision

The adoption agency must, taking into account the information obtained under regulations 25 and 26, decide whether:

(a)the prospective adopter may be suitable to adopt a child; or

(b)that the prospective adopter is not suitable to adopt a child.

(2) Subject to paragraph (3), the agency must make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that they had decided to proceed with the pre-assessment process in accordance with regulation 21.

Legislation: Regulation 27 of the Adoption Agencies Act 2005

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow a decision to be made where information required under regulations 25 and 26 has yet to be received and allows a relaxation of the time period for making a decision where the specified two months is not reasonably practicable.  As amended by the Adoption Agencies (Miscellaneous Amendments) Regulations 2013.

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Adoption - adoption agency decision and notification

The adoption agency must make a decision and following the decision must proceed to notify the prospective adopter of the decision as specified in Regulations. 

Where the adoption agency considers that the prospective adopter is not suitable to adopt a child they must advise the reasons and proceed as specified in Regulations.

Legislation: Regulation 30B of the Adoption Agencies regulations 2005

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to relax requirements and time limits regarding the prospective adoption agency decisions and notifications.

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Fostering - assessment of prospective foster parent

Where a person (“X”) applies to become a foster parent and the fostering service provider decide to assess X’s suitability to become a foster parent, any such assessment must be carried out in accordance with this regulation..

Legislation: Regulation 26 of the Fostering Services (England) Regulations 2011

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to:

  • Change the requirement to notify the prospective foster parent that they are not considered suitable to be 'as soon as is reasonably practicable' rather than within 10 days
  • Allow the fostering service provider to decide whether to refer the case to a fostering panel or to make a decision without a referral
  • Make a decision without obtaining all the information required
  • Change the requirement to send the report and any other information to the fostering panel to 'as soon as is reasonably practicable' rather than within 10 days..

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Function(s): Health and social care – Children and family care – Looked after children

Children's homes - contact with other persons

Subject to paragraph the registered person must ensure that suitable facilities are provided within the children's home for any child accommodated there to meet privately  at any reasonable time with the child's parents, friends, relatives or any of the following persons?

(a)  a solicitor or other adviser or advocate acting for the child;

(b)  an officer of the Children and Family Court Advisory and Support Service appointed for the child;

(c)  a social worker assigned to the child;

(d)  a person authorised by HMCI;

(e)  a person authorised by the local authority in whose area the home is located;

(f)  an independent visitor for looked after children

(g)  a person authorised by the Secretary of State to conduct an inspection in relation to the home and the children there;

(h)  a person appointed under the Children Act 1989 Representations Procedure (England) Regulations 2006;

(i)  an independent person visiting the home under regulation 44.

The registered person must keep a record of any meeting carried out.

Legislation: Regulation 22 of the Children's Homes (England) Regulations 2015

Notes: Amended by the Adoption and Children (Coronavirus)  (Amendment) (No 2) Regulations 2020 to allow meetings to take place by telephone, video-link or other electronic means where a face to face meeting taking place

(a) would be contrary to any guidance relating to the incidence or transmission of coronavirus published by Public Health England or the Secretary of State for Health and Social Care, or.

(b) is not reasonably practicable for a reason relating to the incidence or transmission of coronavirus.

Applies in: England from 25/09/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Care placement - application of regulations with modifications for short breaks

In certain circumstances these regulations apply with modifications.
The circumstances are that:
(a)  C is not in the care of the responsible authority,
(b)  the responsible authority have arranged to place C in a series of short-term placements with the same person or in the same accommodation (“short breaks”), and
(c)  the arrangement is such that:

(i)  at the end of each placement, C returns to the care of C's parent or a person who is not C's parent but who has parental responsibility for C, and
(ii)  the short breaks do not exceed 75 days in total in any period of 12 months.

The modifications are that:
(a) regulations 5 and 9 do not apply, but instead the care plan must set out the arrangements made to meet C’s needs with particular regard to:

(i)  C’s health and emotional and behavioural development, in particular in relation to any disability C may have,
(ii) promoting contact between C and C’s parents and any other person who is not C’s parent but who has parental responsibility for C, during any period when C is placed,
(iii) C’s leisure interests, and
(iv) promoting C’s educational achievement,

and must include the name and address of C’s registered medical practitioner, and other required information, where appropriate,

(b)  regulations 7, 13 and 49(2)(b) do not apply,
(c)  regulation 28(2) does not apply, but instead the responsible authority must ensure that R visits C at regular intervals during any short break to be agreed with the IRO and C's parents (or any person who is not C's parent but has parental responsibility for C),
(d)  regulation 33 does not apply, but instead the responsible authority must first review C's case as soon as is reasonably practicable from the start of the first placement, and subsequent reviews must be carried out at regular intervals during any short break,
(e)  any visit required by this regulation may be conducted by telephone, video-link or other electronic means

Legislation: Regulation 40 of the Care Planning, Placement and Case Review (England) Regulations 2010

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to:

  • remove the requirement for a placement to not exceed 17 days
  • to remove the requirement for visits to be when C is placed and the frequency of visits
  • to remove the time limits on reviews
  • to allow visits to be conducted by telephone, video-link or other electronic means

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.

Applies in: England from 24/04/2020 to 31/03/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Care placement - frequency of visits

As part of their arrangements for supervising C’s welfare, the responsible authority must ensure that their representative (“R”) visits C in accordance with this regulation, wherever C is living.

Any visit required by this regulation may be conducted by telephone, video-link or other electronic means.

Where R is unable to visit C within the timescales set out in this regulation the responsible authority must ensure that R visits C as soon as is reasonably practicable thereafter.

Legislation: Regulation 28 of the Care Planning, Placement and Case Review (England) Regulations 2010

Notes: Amended by the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 to allow visits to be by electronic means and to relax the timescales.

Modified by the Adoption and Children (Coronavirus) (Amendment) (No 2) Regulations 2020 to extend the applicable date to 31/03/2021.
Applies in: England from 24/04/2020 to 31/03/2021

Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London

Function(s): Education and learning – Early years and childcare

Early years - learning and development requirements

Early years providers must have regard to the relevant provisions of the "Statutory Framework for the Early Years Foundation Stage" published by the Secretary of State  in securing that the early years provision they provide meets the learning and development requirements.

Legislation: Early Years Foundation Stage (Learning and Development Requirements) Order 2007

Notes: Amended by the Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 to allow the learning and development requirements to be treated as discharged if the provider uses its reasonable endeavours to discharge those requirements and it has not been reasonably practicable for a provider to comply as a result of restrictions or requirements imposed by regulations relating to Coronavirus.

Applies in: England from 26/09/2020 to 31/08/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London
 

Early years - welfare requirements

A local authority must comply with obligatory requirements in relation to welfare in securing early years provision.

Legislation: Early Years Foundation Stage (Welfare Requirements) Regulations 2012

Notes: Modified by the Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020 to amend welfare requirements where it is not reasonably practicable for a provider to comply as a result of restrictions or requirements related to Coronavirus.

Applies in: England from 26/09/2020 to 31/08/2021
Applies to: County council, London borough, Metropolitan council, Unitary authority, the Common Council of the City of London