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The Foster Placement (Children) and Adoption Agencies Amendment (England) Regulations 2001

S.I. 2001/2992 · Made 2 September 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CHILDREN AND YOUNG PERSONS, ENGLAND

Made 2nd September 2001

Laid before Parliament 4th September 2001

Coming into force 1st October 2001

The Secretary of State, in exercise of the powers conferred upon him by section 9(2) and (3) of the Adoption Act 1976f1 and 23(2)(a) and (9) of the Children Act 1989f2 and all other powers enabling him in that behalf hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1976 c. 36.

f2

1989 c. 41. The functions of the Secretary of State under these and the foregoing powers are, in relation to Wales, transferred to the National Assembly for Wales by virtue of Article 2 of, and the entries for the Children Act 1989 and the Adoption Act 1976 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Foster Placement (Children) Regulations 1991
  3. 3Amendment of the Adoption Agencies Regulations 1983
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Foster Placement (Children) and Adoption Agencies Amendment (England) Regulations 2001 and shall come into force on 1st October 2001.

(2)

These Regulations extend to England only.

2Amendment of the Foster Placement (Children) Regulations 1991

(1)

Regulation 3 of the Foster Placement (Children) Regulations 1991f1 (approval of foster parents) is amended as follows.

(2)

In paragraph (4A)—

(a)

for “A person” substitute “Subject to paragraph (4B) a person”;

(b)

for the words “over the age of 18” substitute “aged 18 or over”.

(c)

in sub-paragraph (a) after the words “specified offence” insert the words “committed at the age of 18 or over”.

(3)

After paragraph (4A) insert the following paragraph—

“(4B)

A local authority or a voluntary organisation may regard a person to whom paragraph (4A) would, apart from this paragraph, apply, as suitable to act (or to continue to act) as a foster parent in relation to a particular named child or children if it is satisfied that the welfare of that child or children requires it, and either—

(a)

the person or a member of his household is a relativef2 of the child; or

(b)

the person is already acting as a foster parent for the child.”.

3Amendment of the Adoption Agencies Regulations 1983

Regulation 8A of the Adoption Agencies Regulations 1983f1 is amended as follows—

(a)

in paragraphs (1) and (2), for the words “over the age of 18” substitute “aged 18 or over”;

(b)

in sub-paragraph (2)(a) after the words “specified offence” insert the words “committed at the age of 18 or over”.

Signature

Signed by authority of the Secretary of State for Health.

Jacqui Smith

Minister of State,

Department of Health

2nd September 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments, in respect of England only, to the Foster Placement (Children) Regulations 1991 and the Adoption Agencies Regulations 1983. Those Regulations provide that a person is not to be considered suitable to foster or adopt a child (as the case may be) if he or a member of his household has been convicted of, or cautioned for, an offence specified in Schedule 2 to the Adoption Agencies Regulations or Schedule 4 to the Foster Placement (Children) Regulations. These Regulations remove this automatic prohibition in limited circumstances. These are, in relation to adoption or fostering, where the offence was committed when a person was under the age of 18, and, in relation to fostering, where the child concerned is a relative of anyone in the household, or is already placed with the person as his foster parent.