Consultation on Proposals to Extend Modifications to Children’s Social Care Regulations

Date published: 08 April 2021

The Department of Health has launched a consultation to extend modifications to children’s social care regulations due to the COVID-19 pandemic.

The principal aim of the proposals is to enable HSC Trusts to undertake a number of their statutory duties in relation to vulnerable children in different ways or within moderately adjusted timescales across a small number of areas for a limited time period of up to 7 November 2021. The modifications may be revoked earlier if evidence suggests that they should.

On 7 May 2020, the Children’ Social Care (Coronavirus) (Temporary Modification of Children’s Social Care) Regulations (Northern Ireland) 2020 came into operation to provide HSC Trusts and other children’s social care providers with temporary modifications to support them during the COVID-19 pandemic up to November 2020.  The Department subsequently extended these modifications for a further six months period up to 7 May 2021.

The Department gave a commitment to keep under review whether any modifications need to remain in place for a further extended period by monitoring the use of the regulations.

The Minister for Health, Robin Swann said: “The latest monitoring data indicates that a level of flexibility in a small number of areas continues to be required for a further period to support staff to safeguard and promote the welfare of children in their care. We are seeking views on proposals to extend the regulations relating to that small number of areas for another 6 months.”

The consultation will be open from 8 April until 22 April and full details are available on the NI Direct website.

Notes to editors: 

1. The aim of modifying the statutory framework for a limited time was to enable HSC Trusts to support and protect children and their families effectively during a prolonged period of significant challenges within children’s social care services as a result of the COVID-19 pandemic.

2. The use of the modifications has been monitored and reported on a monthly basis to the Health Minister and the Assembly’s Health Committee. There is a difference in how the modifications have been used during the 1st and 2nd wave of the COVID-19 pandemic.

3. As was the case previously, the practice supported by the modifications is intended to apply only where absolutely necessary and until normal services can be resumed. Plans to assist children’s social services to return as soon as possible to business as usual are in development.

4. The proposed modifications in a small number of areas relate to:

  • Enabling ‘visits’ by social workers to looked after children to be conducted remotely;
  • Enabling ‘visits’ to children’s homes by registered providers for monitoring purposes to be conducted remotely;
  • Extending the period during which a child may remain in an immediate foster care placement with family or friends to be extended to 16 weeks (the original regulations specify 12 weeks);
  • Extending the period during which a child may remain in an emergency foster care placement with an approved foster carer to 10 days (the original regulations specify 24 hours);
  • Extending the period to undertake reviews of foster carers to 15 months (the original regulations specify 12 months).

5. For media enquiries please contact DoH Press Office by email:pressoffice@health-ni.gov.uk.

6. Follow us on Twitter @healthdpt.

7. The Executive Information Service operates an out of hours service for media enquiries only between 1800hrs and 0800hrs Monday to Friday and at weekends and public holidays. The Duty Press Officer can be contacted on 028 9037 8110.

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