The Adoption Support Services (Local Authorities) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for local authorities in England to provide adoption support services as part of the service maintained by them under section 1(1) of the Adoption Act 1976.

Adoption support services are defined by section 2(6) of the Adoption and Children Act 2002 as counselling, advice and information, and other services prescribed by regulations, in relation to adoption. Such services are prescribed in regulation 2(1) of these Regulations, and include financial support (regulation 2(1)(a)). Regulation 3 specifies the persons to whom financial support may be paid, and the circumstances in which it may be paid.

Each local authority is required to appoint an adoption support services adviser to give advice and information to persons who may be affected by the adoption of a child (regulation 4).

Regulation 5 specifies the persons who are entitled to an assessment of their needs for adoption support services. Regulation 6 specifies the procedure for assessment, and regulation 7 provides for the determination of financial support.

After carrying out an assessment the local authority must give notice under regulation 8 as to any adoption support services that are proposed to be provided, and as to the period within which representations may be made about the proposed decision. They must then give notice of their decision in accordance with regulation 9. Regulation 10 makes provision about the supply of information and giving of notices.

Where adoption support services are to be provided to a person, regulation 11 provides for local authorities to prepare a plan in accordance with which the services are to be provided. Regulations 12 and 13 provide for review of the provision of adoption support services and for revision of the plan. Regulation 14 applies where a local authority have decided to provide adoption support services, and specifies circumstances in which another local authority may recover their expenses of providing the services.

By regulation 15, the Adoption Allowance Regulations 1991 (“the 1991 Regulations”), which enable allowances to be paid in certain circumstances to persons who have adopted, or intend to adopt, a child, are amended so that the allowances may no longer be paid by local authorities under the 1991 Regulations. Any allowance which is payable by a local authority under the 1991 Regulations before these Regulations come into force is to be treated as financial support payable under these Regulations.