The Adoption Agencies Regulations 2005

Statutory Instruments

2005 No. 389

CHILDREN AND YOUNG PERSONS, ENGLAND SOCIAL CARE, ENGLAND

The Adoption Agencies Regulations 2005

Made

23rd February 2005

Laid before Parliament

2nd March 2005

Coming into force

30th December 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred on her by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 1989 M1 and sections 9(1)(a), 11(1)(b), 27(3), 53(1) to (3), 54, 140(7) and (8) and 142 (4) and (5) of the Adoption and Children Act 2002 M2, and all other powers enabling her in that behalf, hereby makes the following Regulations:

Marginal Citations

M11989 c. 41. Section 26 was amended by section 118 of the Adoption and Children Act 2002 (“the Act”).

PART 1E+WGENERAL

Citation, commencement and applicationE+W

1.—(1) These Regulations may be cited as the Adoption Agencies Regulations 2005 and shall come into force on 30th December 2005.

(2) These Regulations apply to England only.

InterpretationE+W

2.—(1) In these Regulations—

“the Act” means the Adoption and Children Act 2002;

“the 1989 Act” means the Children Act 1989;

[F1“the 1989 Regulations” means the Children Act 1989 Representations Procedure (England) Regulations 2006;]

[F2the 2010 Regulations” means the Care Planning, Placement and Case Review (England) Regulations 2010;]

“adoption panel” means a panel established in accordance with regulation 3;

“adoption placement plan” has the meaning given in regulation 35(2);

“adoption placement report” means the report prepared by the adoption agency in accordance with regulation 31(2)(d);

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“adoption support services” has the meaning given in section 2(6)(a) of the Act and in any regulations made under section 2(6)(b) of the Act;

“adoptive family” has the meaning given in regulation 31(2)(a);

“CAFCASS” means the Children and Family Court Advisory and Support Service M3;

[F4care order” has the meaning given in section 105(1) of the 1989 Act;]

“child's case record” has the meaning given in regulation 12;

“child's health report” means the report obtained in accordance with regulation 15(2)(b);

“child's permanence report” means the report prepared by the adoption agency in accordance with regulation 17(1);

“independent member” in relation to an adoption panel has the meaning given in regulation 3(3)(e);

“independent review panel” means a panel constituted under section 12 of the Act;

“joint adoption panel” means an adoption panel established in accordance with regulation 3(5);

“medical adviser” means the person appointed as the medical adviser by the adoption agency in accordance with regulation 9(1);

[F1“preparation for adoption” has the meaning given in regulation 24;]

“proposed placement” has the meaning given in regulation 31(1);

[F1“prospective adopter assessment plan” has the meaning given in regulation 29;]

“prospective adopter's case record” has the meaning given in regulation 22(1);

[F1“prospective adopter matching plan” has the meaning given in regulation 30H;]

“prospective adopter's report” means the report prepared by the adoption agency in accordance with [F5regulation 30(2)];

“prospective adopter's review report” means the report prepared by the adoption agency in accordance with [F6regulation 30D(4)(a)];

[F1“prospective adopter stage one plan” has the meaning given in regulation 22;]

“qualifying determination” has the meaning given in [F7regulation 30B(5)(a)];

“registration authority” means [F8Her Majesty’s Chief Inspector of Education, Children’s Services and Skills];

“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is, habitually resident which correspond to the functions of an adoption agency M4 or to the functions of the Secretary of State in respect of adoptions with a foreign element;

“relevant post-qualifying experience” means post-qualifying experience in child care social work including direct experience in adoption work;

“section 83 case” means a case where a person who is habitually resident in the British Islands intends to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83 of the Act (restriction on bringing children into the United Kingdom) applies;

“social worker” means a person who is registered as a social worker in [F9[F10the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017], in the register maintained by] [F11Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016] or in a corresponding register maintained under the law of Scotland or Northern Ireland;

“vice chair” has the meaning given in regulation 3(4) or, as the case may be, (5)(c);

“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 M5.

F12(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M4See section 2(1) of the Act for the definition of adoption agency.

PART 2E+WADOPTION AGENCY - ARRANGEMENTS FOR ADOPTION WORK

[F13The central listE+W

3.—(1) Subject to regulation 5, an adoption agency must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including—

(a)one or more social workers who have at least three years’ relevant post-qualifying experience, and

(b)the medical adviser to the adoption agency (or at least one if more than one medical adviser is appointed).

(2) A person who is included in the central list may at any time ask to be removed from the central list by giving one month’s notice in writing.

(3) Where the adoption agency is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person’s name from the list by giving them one month’s notice in writing with reasons.

Textual Amendments

Constituting an adoption panelE+W

4.—(1) The adoption agency [F14must constitute] [F14may constitute] one or more adoption panels, as necessary, to perform the functions of an adoption panel under these Regulations and must appoint the panel members from the persons in the central list including—

(a)a person to chair the panel, being an independent person, who has the skills and experience necessary for chairing an adoption panel, and

(b)one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”).

(2) The adoption agency must ensure [F15that an adoption panel has sufficient members, and] that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel.

(3) Any two or more local authorities may jointly constitute an adoption panel (“a joint adoption panel”) in which case the appointment of members must be by agreement between the authorities.

(4) A local authority may pay to any member of an adoption panel constituted by it such fee as it may determine, being a fee of a reasonable amount.

(5) Any adoption panel member may resign at any time by giving one month’s notice in writing to the adoption agency which appointed them.

(6) Where an adoption agency is of the opinion that any member of the adoption panel appointed by it is unsuitable or unable to continue as a panel member, it may terminate that member’s appointment at any time by giving the member notice in writing with reasons.

(7) A person (“P”) is not an independent person for the purposes of this regulation and regulation 6 if—

(a)in the case of a registered adoption society, P is a trustee or employee of that society, or

(b)in the case of a local authority, P—

(i)is an elected member of that authority, or

(ii)is employed by that authority for the purposes of the adoption service or for the purposes of any of that local authority’s functions relating to the protection or placement of children, or

(c)P is the adoptive parent of a child who was—

(i)placed for adoption with P by the adoption agency (“agency A”), or

(ii)placed for adoption with P by another adoption agency where P had been approved as suitable to be an adoptive parent by agency A,

unless at least 12 months has elapsed since the adoption order was made in respect of the child.

Textual Amendments

F14Words in reg. 4(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(2)(a) (with Pts. 12, 13)

Adoption agencies operating only for certain purposesE+W

5.  Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 4, 8 and, to the extent that it requires consultation with persons in the central list, regulation 7 shall not apply to such an agency.

Textual Amendments

Meetings of adoption panelE+W

6.—(1) No business may be conducted by an adoption panel unless at least the following meet as the panel—

(a)either the person appointed to chair the panel or one of the vice chairs,

(b)one person falling within regulation 3(1)(a),

[F16(c)three, or in the case of an adoption panel established under regulation 4(3) four, other members and where the chair is not present and the vice chair is not an independent person, at least one other panel member must be an independent person.]

[F16(c)one other independent person.]

(2) An adoption panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations.

Textual Amendments

Adoption agency arrangements for adoption workE+W

7.  An adoption agency must, in consultation with such persons in the central list as the agency considers appropriate and, to the extent specified in regulation 8(4) with the agency’s medical adviser, prepare and implement written policy and procedural instructions governing the exercise of the functions of the agency and an adoption panel in relation to adoption and such instructions shall be kept under review and, where appropriate, revised by the agency.

Textual Amendments

Requirement to appoint an agency adviser and a medical adviserE+W

8.—(1) The adoption agency must appoint a senior member of staff, or where local authorities agree to constitute joint adoption panels as necessary appoint a senior member of staff of one of them, (referred to in this regulation as the “agency adviser”)—

(a)to assist the agency with the maintenance of the central list and the constitution of adoption panels,

(b)to be responsible for the induction and training of persons in the central list,

(c)to be responsible for liaison between the agency and an adoption panel, monitoring the performance of persons in the central list and members of the adoption panel and the administration of adoption panels, and

(d)to give such advice to an adoption panel as the panel may request in relation to any case or generally.

(2) The agency adviser must be a social worker and have at least five years’ relevant post-qualification experience and, in the opinion of the adoption agency, relevant management experience.

(3) The adoption agency must appoint at least one registered medical practitioner to be the agency’s medical adviser.

(4) The medical adviser shall be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations.]

Textual Amendments

Requirement to appoint a medical adviserE+W

F139.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Establishment of new adoption panels on 30 December 2005E+W

F1310.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3E+WDUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

Application of regulations 11 to 17E+W

11.  Regulations [F1712] to 17 apply where the adoption agency is considering adoption for a child.

Textual Amendments

Requirement to open the child's case recordE+W

12.—(1) The adoption agency must set up a case record (“the child's case record”) in respect of the child and place on it—

(a)the information and reports obtained by the agency by virtue of this Part;

(b)the child's permanence report;

(c)[F18where applicable,] the written record of the proceedings of the adoption panel under regulation 18, its recommendation and the reasons for its recommendation and any advice given by the panel to the agency;

(d)the record of the agency's decision and any notification of that decision under regulation 19;

(e)any consent to placement for adoption under section 19 of the Act (placing children with parental consent);

(f)any consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

(g)any form or notice withdrawing consent under section 19 or 20 of the Act or notice under section 20(4)(a) or (b) of the Act;

(h)a copy of any placement order M6 in respect of the child; and

(i)any other documents or information obtained by the agency which it considers should be included in that case record;

[F19(j)details of any prospective adopters for the child identified by virtue of regulation 12A(1) (requirement to identify potential prospective adopters); and

(k)the record of any decision notified under regulation 12B (duties of adoption agency when child to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989) and any notification of that decision under regulation 22A of the 2010 Regulations].

(2) Where an adoption agency places on the child's case record a notice under section 20(4)(a) or (b) of the Act, the agency must send a copy of that notice to a court which has given the agency notice of the issue of an application for an adoption order.

Textual Amendments

Marginal Citations

M6See section 21 of the Act.

[F20Requirement to identify potential prospective adoptersE+W

12A.—(1) The adoption agency must—

(a)identify prospective adopters who may be suitable to adopt the child, and

(b)use its best endeavours to identify a particular prospective adopter with whom it proposes the child is placed, as soon as reasonably practicable.

(2) Where the adoption agency is considering adoption for two or more siblings it must, in carrying out the duties in paragraph (1), consider whether to seek to identify prospective adopters who may be suitable to adopt two or more of the siblings together, having regard to the best interests of each sibling.

(3) In determining whether a prospective adopter may be suitable to adopt the child, the adoption agency must assess the ability of the prospective adopter to meet the needs of the child throughout childhood.]

Textual Amendments

[F20Duties of adoption agency when a child is to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989E+W

12B.—(1) This regulation applies where—

(a)a decision has been made in accordance with regulation 22A of the 2010 Regulations to place the child, and

(b)the adoption agency identifies a particular prospective adopter with whom it proposes the child is placed.

(2) The adoption agency must—

(a)notify the prospective adopter in writing of the decision to place the child with the prospective adopter, and

(b)explain the decision to the child in an appropriate manner, having regard to the child’s age and understanding.

(3) For the purposes of this regulation “placed” means placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.]

Textual Amendments

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the childE+W

13.—(1) The adoption agency must, so far as is reasonably practicable—

(a)provide a counselling service for the child;

(b)explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, adoption for the child and provide him with appropriate written information about these matters; and

(c)ascertain the child's wishes and feelings regarding—

(i)the possibility of placement for adoption with a new family and his adoption;

(ii)his religious and cultural upbringing; and

(iii)contact with his parent or guardian or other relative or with any other person the agency considers relevant.

(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements of that paragraph have been carried out in respect of the child by another adoption agency.

Modifications etc. (not altering text)

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and othersE+W

14.—(1) The adoption agency must, so far as is reasonably practicable—

(a)provide a counselling service for the parent or guardian of the child;

(b)explain to him—

(i)the procedure in relation to both placement for adoption and adoption;

(ii)the legal implications of—

(aa)giving consent to placement for adoption under section 19 of the Act;

(bb)giving consent to the making of a future adoption order under section 20 of the Act; and

(cc)a placement order; and

(iii)the legal implications of adoption,

[F21(iv)the legal implications of a child being placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also a prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.]

and provide him with written information about these matters; and

(c)ascertain the wishes and feelings of the parent or guardian of the child and, of any other person the agency considers relevant, regarding—

(i)the child;

(ii)the placement of the child for adoption and his adoption, including any wishes and feelings about the child's religious and cultural upbringing; and

(iii)contact with the child if the child is authorised to be placed for adoption or the child is adopted.

(2) Paragraph (1) does not apply if the agency is satisfied that the requirements of that paragraph have been carried out in respect of the parent or guardian and any other person the agency considers relevant by another adoption agency.

(3) This paragraph applies where the father of the child does not have parental responsibility for the child and the father's identity is known to the adoption agency.

(4) Where paragraph (3) applies and the adoption agency is satisfied it is appropriate to do so, the agency must—

(a)carry out in respect of the father the requirements of paragraph (1)(a), (b)(i)[F22, (iii) and (iv)] and (c) as if they applied to him unless the agency is satisfied that the requirements have been carried out in respect of the father by another agency; and

(b)ascertain so far as possible whether the father—

(i)wishes to acquire parental responsibility for the child under section 4 of the 1989 Act (acquisition of parental responsibility by father)M7 [F23, or paragraph 4ZA of the 1989 Act (acquisition of parental responsibility by second female parent)]; or

(ii)intends to apply for a [F24child arrangements] order with respect to the child under section 8 of the 1989 Act ([F25child arrangements orders] and other orders with respect to children) or, where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact etc. with children in care).

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M7Section 4 was amended by section 111 of the Act.

Requirement to obtain information about the childE+W

15.—(1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child which is specified in Part 1 of Schedule 1.

(2) Subject to paragraph (4), the adoption agency must—

(a)make arrangements for the child to be examined by a registered medical practitioner; and

(b)obtain from that practitioner a written report (“the child's health report”) on the state of the child's health which shall include any treatment which the child is receiving, any need for health care and the matters specified in Part 2 of Schedule 1,

unless the agency has received advice from the medical adviser that such an examination and report is unnecessary.

(3) Subject to paragraph (4), the adoption agency must make arrangements—

(a)for such other medical and psychiatric examinations of, and other tests on, the child to be carried out as are recommended by the agency's medical adviser; and

(b)for written reports of such examinations and tests to be obtained.

(4) Paragraphs (2) and (3) do not apply if the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests.

Requirement to obtain information about the child's familyE+W

16.—(1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child's family which is specified in Part 3 of Schedule 1.

(2) The adoption agency must obtain, so far as is reasonably practicable, the information about the health of each of the child's natural parents and his brothers and sisters (of the full blood or half-blood) which is specified in Part 4 of Schedule 1.

Requirement to prepare child's permanence report F26...E+W

17.—(1) The adoption agency must prepare a written report (“the child's permanence report”) which shall include—

(a)the information about the child and his family as specified in Parts 1 and 3 of Schedule 1;

(b)a summary, written by the agency's medical adviser, of the state of the child's health, his health history and any need for health care which might arise in the future;

(c)the wishes and feelings of the child regarding the matters set out in regulation 13(1)(c);

(d)the wishes and feelings of the child's parent or guardian, and where regulation 14(4)(a) applies, his father, and any other person the agency considers relevant, regarding the matters set out in regulation 14(1)(c);

(e)the views of the agency about the child's need for contact with his parent or guardian or other relative or with any other person the agency considers relevant and the arrangements the agency proposes to make for allowing any person contact with the child;

(f)an assessment of the child's emotional and behavioural development and any related needs;

(g)an assessment of the parenting capacity of the child's parent or guardian and, where regulation 14(4)(a) applies, his father;

(h)a chronology of the decisions and actions taken by the agency with respect to the child;

(i)an analysis of the options for the future care of the child which have been considered by the agency and why placement for adoption is considered the preferred option; and

(j)any other information which the agency considers relevant.

[F27(2) In a case where—

(a)the adoption agency is a local authority and is considering whether the child ought to be placed for adoption, and

(b)either paragraph (2A) or paragraph (2B) applies,

the adoption agency may not refer the case to the adoption panel.

(2A) This paragraph applies where—

(a)the child is placed for adoption by the adoption agency or is being provided with accommodation by them,

(b)no adoption agency is authorised to place the child for adoption, and

(c)the child has no parent or guardian, or the agency consider that the conditions in section 31(2) of the 1989 Act are met in relation to the child.

(2B) This paragraph applies where—

(a)an application has been made, and has not been disposed of, on which a care order might be made in respect of the child, or

(b)the child is subject to a care order and the adoption agency are not authorised to place the child for adoption.

[F28(2C) In a case not falling within paragraph (2), the adoption agency must send the information and reports referred to in paragraph (2D) to the adoption panel.]

[F28(2C) in a case not falling within paragraph (2), the adoption agency must decide whether to—

(a)require the case to be referred to an adoption panel, or

(b)proceed to make a decision under regulation 19 without such a referral, and where the case is to be referred to the adoption panel the adoption agency must send the information and reports referred to in paragraph (2D) to the adoption panel.]

(2D) For the purposes of paragraph (2C) and regulation 19(1A) the information and reports are—

(i)the child’s permanence report,

(ii)the child’s health report and any other reports referred to in regulation 15, and

(iii)the information relating to the health of each of the child’s natural parents,

except that, in a case falling within paragraph (2C), the adoption agency may only send to the adoption panel the documents referred to in subparagraphs (ii) and (iii) if the agency’s medical adviser advises it to do so.]

(3) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel and send that information to the panel.

Textual Amendments

Function of the adoption panel in relation to a child referred by the adoption agencyE+W

18.—(1) The adoption panel must consider the case of every child referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption.

(2) In considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4)F29... and (6) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and—

(a)must consider and take into account the reports and any other information passed to it in accordance with regulation 17;

(b)may request the agency to obtain any other relevant information which the panel considers necessary; and

(c)must obtain legal advice in relation to the case.

(3) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption, it must consider and may at the same time give advice to the agency about—

(a)the arrangements which the agency proposes to make for allowing any person contact with the child; and

(b)where the agency is a local authority, whether an application should be made by the authority for a placement order in respect of the child.

Textual Amendments

Adoption agency decision and notificationE+W

19.—(1) [F30In any case [F31falling within] [F31referred to the panel under] regulation 17(2C)] the adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption.

[F32(1A) In any case falling within regulation 17(2) the adoption agency must take into account the information and reports referred to in regulation 17(2D), and any other relevant information, in coming to a decision about whether the child ought to be placed for adoption.]

(2) No member of the adoption panel [F33or person on the central list] shall take part in any decision made by the adoption agency under paragraph (1).

(3) The adoption agency must, if their whereabouts are known to the agency, notify in writing the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child of its decision.

Textual Amendments

F31Words in reg. 19(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(5) (with Pts. 12, 13)

Information to be provided for entry in Part 1 of the registerE+W

F3419A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Request to appoint an officer of the Service or a Welsh family proceedings officerE+W

20.  Where the parent or guardian of the child [F35resides in England and Wales and] is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must request the CAFCASS to appoint an officer of the Service M8 or the National Assembly for Wales to appoint a Welsh family proceedings officer M9 for the purposes of the signification by that officer of the consent to placement or to adoption by that parent or guardian and send with that request the information specified in Schedule 2.

Textual Amendments

Marginal Citations

M9See section 35(4) of the Children Act 2004 (c. 31).

[F3620A.—(1) Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2.

(2) “Authorised person” for the purposes of this regulation means in relation to a form of consent executed—

(a)in Scotland, a Justice of the Peace or a Sheriff;

(b)in Northern Ireland, a Justice of the Peace;

(c)outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; a British Consular officer; a notary public; or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.]

Textual Amendments

[F37PART 4E+WDuties of Adoption Agency in Respect of a Prospective Adopter

Textual Amendments

Modifications etc. (not altering text)

Stage 1 – the pre-assessment processE+W

Registration of interest in adoptionE+W

21.  Regulations 22 to 27 apply when a person has notified an adoption agency that they want to adopt a child and the agency has notified that person that it has decided to proceed with the pre-assessment process in respect of that person.

Prospective adopter stage one planE+W

22.  The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter stage one plan”) which includes the following matters—

(a)information about the counselling, information and preparation for adoption to be provided under regulation 24;

(b)the procedure for carrying out police checks under regulation 25;

(c)details of any training that the prospective adopter has agreed to undertake;

(d)information about the role of the prospective adopter in the stage one process;

(e)any applicable timescales;

(f)information about the process for making a representation (including a complaint) under the 1989 Regulations; and

(g)any other information that the agency considers relevant.

Prospective adopter’s case recordE+W

23.—(1) The adoption agency must set up a case record in respect of the prospective adopter (“the prospective adopter’s case record”) and place on that case record—

(a)the prospective adopter stage one plan;

(b)the information and reports obtained by the agency by virtue of this Part;

(c)the prospective adopter assessment plan;

(d)the prospective adopter’s report and the prospective adopter’s observations on that report;

(e)[F38where applicable,] the written record of the proceedings of the adoption panel under regulation 30A (and where applicable regulation 30B(8)), its recommendation, the reasons for the recommendation and any advice given by the panel to the agency;

(f)the record of the agency’s decision under regulation 30B(1), (6) or as the case may be (9);

(g)where the prospective adopter applied to the Secretary of State for a review by an independent review panel the recommendation of that review panel;

(h)where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report;

(i)the prospective adopter matching plan; and

(j)any other documents or information obtained by the agency which it considers should be included in that case record.

(2) The adoption agency may ask the prospective adopter to provide any further information the agency may reasonably require.

Textual Amendments

F38Words in reg. 23(1)(e) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(6) (with Pts. 12, 13)

Requirement to provide counselling, information and preparation for adoptionE+W

24.—(1) The adoption agency must—

(a)provide a counselling service for the prospective adopter;

(b)in a section 83 case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, adopting a child from the country from which the prospective adopter wishes to adopt;

(c)in any other case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, placement for adoption and adoption;

(d)provide the prospective adopter with any information and any training materials relating to adopting a child available for use; and

(e)make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.

(2) In paragraph (1)(e) “preparation for adoption” includes the provision of information to the prospective adopter about—

(a)the age range, sex, likely needs and background of children who may be placed for adoption by the adoption agency;

(b)the significance of adoption for a child and the child’s family;

(c)contact between a child and the child’s parent or guardian or other relatives where a child is authorised to be placed for adoption or is adopted;

(d)the skills which are necessary for an adoptive parent;

(e)the adoption agency’s procedures in relation to the assessment of a prospective adopter and the placement of a child for adoption; and

(f)the procedure in relation to placement for adoption and adoption.

Modifications etc. (not altering text)

Requirement to carry out police checksE+W

25.—(1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, the adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).

(2) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a)has been convicted of a specified offence committed at the age of 18 or over; or

(b)has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted.

(3) In paragraph (2) “specified offence” means—

(a)an offence against a child;

(b)an offence specified in Part 1 of Schedule 3;

(c)an offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16;

(d)any other offence involving bodily injury to a child, other than an offence of common assault or battery,

and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Courts Services Act 2000 except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was 13 or over at the time the offence was committed.

(4) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a)has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 3 committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted; or

(b)falls within paragraph 2 or 3 of Part 2 of Schedule 3,

notwithstanding that the offences specified in Part 2 of Schedule 3 have been repealed.

(5) Where an adoption agency becomes aware that a prospective adopter or a member of the prospective adopter’s household falls within paragraph (2) or (4), the agency must notify the prospective adopter as soon as possible in writing that they cannot be considered suitable to adopt a child.

Other pre-assessment informationE+W

26.  The adoption agency must—

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

(b)[F39subject to regulation 27(1A),] 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; and

(e)[F40subject to regulation 27(1A),] 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.

Textual Amendments

F39Words in reg. 26(b) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(7) (with Pts. 12, 13)

F40Words in reg. 26(e) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(7) (with Pts. 12, 13)

Pre-assessment decisionE+W

27.—(1) 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.

[F41(1A) The adoption agency may make a decision under paragraph (1) even if the information requested under regulation 25 and 26(b) has yet to be obtained.]

(2) Subject to paragraph (3), the agency must [F42, where reasonably practicable,] 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.

(3) The adoption agency may delay making the decision under paragraph (1)—

(a)where it is satisfied there are good reasons because, for example, there has been a delay in obtaining information about the prospective adopter; or

(b)upon the request of the prospective adopter.

(4) Where the adoption agency decides that the prospective adopter may be suitable to adopt a child the agency must—

(a)as soon as practicable, notify in writing the prospective adopter of its decision; and

(b)explain to the prospective adopter that they must notify the adoption agency that they wish to continue with the assessment process within six months of the date on which the notification is given.

(5) Where the adoption agency decides that the prospective adopter is not suitable to adopt a child the agency must as soon as practicable after making the decision notify the prospective adopter in writing of its decision together with reasons for its decision.

Textual Amendments

F42Words in reg. 27(2) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(8)(b) (with Pts. 12, 13)

Stage 2 – the assessment decisionE+W

Stage 2 assessmentE+W

28.—(1) Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process [F43within six months from the date on which the agency notified the prospective adopter] [F43following notification] that they may be suitable to adopt under regulation 27(4).

(2) [F44Where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process more than six months from the date on which the agency notified the prospective adopter that they may be suitable to adopt under regulation 27(4), the agency must notify the prospective adopter in writing that the prospective adopter cannot proceed with the assessment process.]

Textual Amendments

F43Words in reg. 28(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(9)(a) (with Pts. 12, 13)

Prospective adopter assessment planE+W

29.  The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter assessment plan”) which includes the following matters—

(a)the procedure for assessing the prospective adopter’s suitability to adopt a child;

(b)any applicable timescales;

(c)the arrangements for the prospective adopter to receive any additional counselling or preparation for adoption;

(d)details of any training that the prospective adopter has agreed to undertake;

(e)information about the role of the prospective adopter in the assessment process;

(f)information about the process for submitting representations or applying to the Secretary of State for a review under regulation 30B(5)(c); and

(g)any other matters which the agency considers relevant.

Prospective adopter’s reportE+W

30.—(1) The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4.

(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a)the information about the prospective adopter and the prospective adopter’s family which is specified in Parts 1 and 3 of Schedule 4;

(b)a summary, written by the agency’s medical adviser, of the state of health of the prospective adopter;

(c)any relevant information obtained by the agency under regulation 26(e);

(d)any observations of the agency on the matters referred to in regulations 24 and 25;

(e)the agency’s assessment of the prospective adopter’s suitability to adopt; and

(f)any other information which the agency considers relevant.

(3) In a section 83 case, the prospective adopter’s report must also include—

(a)the name of the country from which the prospective adopter wishes to adopt a child (“country of origin”);

(b)confirmation that the prospective adopter meets the eligibility requirements to adopt from the country of origin;

(c)any additional information obtained as a consequence of the requirements of the country of origin; and

(d)the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually resident outside the British Islands.

(4) Where the adoption agency receives information under paragraph (1) or other information in relation to the assessment of the prospective adopter and is of the opinion that the prospective adopter is unlikely to be considered suitable to adopt a child, it may prepare the prospective adopter’s report under paragraph (2) notwithstanding that the agency may not have received all the information about the prospective adopter which may be required by this regulation.

(5) The adoption agency must—

(a)[F45where applicable,] notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel;

(b)give the prospective adopter a copy of the prospective adopter’s report;

(c)invite the prospective adopter to send any observations in writing to the agency within 5 working days, beginning with the date on which the notification is sent; and

(d)explain to the prospective adopter that the adoption agency may, in exceptional circumstances, extend the timescale referred to in paragraph (c) above.

(6) At the end of the 5 working days referred to in paragraph (5)(c) (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received) the adoption agency must [F46decide 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—

(a)the prospective adopter’s report and the prospective adopter’s observations;

(b)the written reports and references referred to in regulation 26(b) to (e) but in the case of reports obtained in accordance with regulation 26(b), only if the agency’s medical adviser advises it to do so; and

(c)any other relevant information obtained by the agency,

to the adoption panel.

(7) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

Textual Amendments

F45Words in reg. 30(5)(a) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(10)(a) (with Pts. 12, 13)

F46Words in reg. 30(6) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(10)(b) (with Pts. 12, 13)

Function of the adoption panelE+W

30A.—(1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

(2) In considering what recommendation to make the adoption panel—

(a)must consider and take into account all the information and reports passed to it in accordance with regulation 30;

(b)may request the adoption agency to obtain any other relevant information which the panel considers necessary; and

(c)may obtain legal advice as it considers necessary in relation to the case.

(3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either—

(a)request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2); or

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

(4) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs.

(5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption agency decision and notificationE+W

30B.—(1) Subject to paragraph (2), the adoption agency must decide whether the prospective adopter is suitable to adopt a child [F47, where reasonably practicable,] within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the assessment process.

[F48(1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information requested under regulation 25 and 26(b).]

(2) The adoption agency may delay making the decision under paragraph (1)—

(a)in a case where the adoption agency considers there are exceptional circumstances which mean it cannot make the decision within that time, or

(b)upon the request of the prospective adopter.

(3) No member of the adoption panel may take part in any decision made by the adoption agency under paragraph (1).

(4) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify the prospective adopter in writing of its decision.

(5) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must—

(a)notify the prospective adopter in writing that it proposes not to approve the prospective adopter as suitable to adopt a child (“qualifying determination”);

(b)send with that notification its reasons together with a copy of the recommendation of the adoption panel if that recommendation is different; and

(c)advise the prospective adopter that within 40 working days beginning with the date on which the notification was sent the prospective adopter may—

(i)submit any representations the prospective adopter wishes to make to the agency; or

(ii)[F49subject to paragraph (5A),] apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

[F50(5A) Where the adoption agency consider that the prospective adopter is not suitable to adopt because of information obtained under regulation 25 or 26(b) the prospective adopter may not apply to the Secretary of State for a review by an independent review panel of the qualifying determination.]

(6) If, within the period of 40 working days referred to in paragraph (5)(c), the prospective adopter has not made any representations or applied to the Secretary of State for a review by an independent review panel, the adoption agency must proceed to make its decision and notify the prospective adopter in writing of its decision together with reasons for that decision.

(7) If, within the period of 40 working days referred to in paragraph (5)(c), the adoption agency receives further representations from the prospective adopter, it may refer the case together with all relevant information to the adoption panel for further consideration.

(8) The adoption panel must consider any case referred to it under paragraph (7) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to adopt a child.

(9) The adoption agency must make a decision on the case but—

(a)if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel made under both paragraph (8) and regulation 30A; or

(b)if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review [F51panel and the recommendation] [F51panel and any recommendation] of the adoption panel made under regulation 30A.

(10) As soon as possible after making its decision under paragraph (9), the adoption agency must notify the prospective adopter in writing of its decision stating its reasons for that decision if they do not consider the prospective adopter suitable to adopt a child, and of the adoption panel’s recommendation under paragraph (8), if this is different from the agency’s decision.

(11) In a case where an independent review panel has made a recommendation, the adoption agency must send to the Secretary of State a copy of the notification referred to in paragraph (10).

Textual Amendments

F47Words in reg. 30B(1) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(11)(a) (with Pts. 12, 13)

F49Words in reg. 30B(5)(c)(ii) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(11)(c) (with Pts. 12, 13)

F51Words in reg. 30B(9)(b) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(11)(e) (with Pts. 12, 13)

Modifications etc. (not altering text)

Information to be sent to the independent review panelE+W

30C.—(1) If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State the information specified in paragraph (2).

(2) The following information is specified for the purposes of paragraph (1)—

(a)all of the documents and information which were passed to the adoption panel in accordance with regulation 30;

(b)any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and

(c)the documents referred to in regulation 30B(5)(a) and (b).

Review and termination of approvalE+W

30D.—(1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

(a)in a section 83 case, the prospective adopter has visited the child in the country in which the child is habitually resident and has confirmed in writing that they wish to proceed with the adoption; and

(b)in any other case, a child is placed for adoption with the prospective adopter or the agency is considering placing a child with the prospective adopter in accordance with regulations 31 to 33.

(2) A review must take place whenever the adoption agency considers it necessary but otherwise not more than one year after approval and thereafter at intervals of not more than one year.

(3) When undertaking such a review the adoption agency must—

(a)make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a child; and

(b)seek and take into account the views of the prospective adopter.

(4) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must—

(a)prepare a written report (“the prospective adopter’s review report”) which includes the agency’s reasons;

(b)[F52decide whether or not to refer the case to the adoption panel and, where applicable,] notify the prospective adopter that the case is to be referred to the adoption panel; and

(c)give the prospective adopter a copy of the report inviting the prospective adopter to send any observations to the agency within 10 working days beginning with the date on which that report is given to the prospective adopter.

(5) At the end of the period of 10 working days referred to in paragraph (4)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must [F53, where applicable,] send the prospective adopter’s review report together with the prospective adopter’s observations to the adoption panel.

(6) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

(7) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

(8) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 30B(2) to (11) apply in relation to that decision by the agency.

Textual Amendments

F52Words in reg. 30D(4)(b) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(12)(a) (with Pts. 12, 13)

F53Words in reg. 30D(5) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(12)(b) (with Pts. 12, 13)

Modifications etc. (not altering text)

Duties of the adoption agency in a section 83 caseE+W

30E.  Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Secretary of State—

(a)written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs;

(b)[F54where applicable,] all the documents and information which were passed to the adoption panel in accordance with regulation 30;

(c)[F55where applicable,] the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation;

(d)if the prospective adopter applied to the Secretary of State for a review by an independent review panel of a qualifying determination, the record of the proceedings of that panel, its recommendation and the reasons for its recommendation; and

(e)any other information relating to the case which the Secretary of State or the relevant foreign authority may require.

Textual Amendments

F54Words in reg. 30E(b) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(13) (with Pts. 12, 13)

F55Words in reg. 30E(c) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(13) (with Pts. 12, 13)

Application of Part 4 with modifications to specified personsE+W

30F.—(1) This paragraph applies where the adoption agency is satisfied that the prospective adopter—

(a)is an approved foster parent; or

(b)has, at any time, adopted a child—

(i)in England and Wales, after having been assessed as suitable to adopt in accordance with these Regulations or corresponding Welsh provision; or

(ii)after having been assessed as suitable to adopt in accordance with the Adoptions with a Foreign Element Regulations 2005 (“the 2005 Regulations”).

(2) “Corresponding Welsh provision” for the purposes of this regulation means in relation to a Part or a regulation of these Regulations the provision of regulations made by the Assembly under section 9 of the Act which corresponds to that Part or regulation.

(3) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

(4) Where the prospective adopter is an approved foster parent and consents, the adoption agency may request access to any relevant records compiled in relation to that approval by the fostering service provider.

(5) In this regulation “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Services (England) Regulations 2011 but does not include a person with whom a child is placed under regulation 24 or 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

Information to be provided for entry in Part 3 of the registerE+W

F5630G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective adopter matching planE+W

30H.  Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes—

(a)information about the duties of the adoption agency under Parts 5 and 6 of these Regulations;

(b)information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter;

(c)information about the process for making a representation (including a complaint) under the 1989 Regulations; and

(d)any other matters that the agency consider relevant.]

PART 5E+WDUTIES OF ADOPTION AGENCY IN RESPECT OF PROPOSED PLACEMENT OF CHILD WITH PROSPECTIVE ADOPTER

Proposed placementE+W

31.—(1) Where an adoption agency is considering placing a child for adoption with a particular prospective adopter (“the proposed placement”) the agency must—

(a)provide the prospective adopter with a copy of the child's permanence report and any other information the agency considers relevant;

(b)meet with the prospective adopter to discuss the proposed placement;

(c)ascertain the views of the prospective adopter about—

(i)the proposed placement; and

(ii)the arrangements the agency proposes to make for allowing any person contact with the child; and

(d)provide a counselling service for, and any further information to, the prospective adopter as may be required.

(2) Where the adoption agency considers that the proposed placement should proceed, the agency must—

(a)where the agency is a local authority, carry out an assessment of the needs of the child and the prospective adopter and any children of the prospective adopter (“the adoptive family”) for adoption support services in accordance with regulations made under section 4(6) of the Act;

(b)where the agency is a registered adoption society, notify the prospective adopter that he may request the local authority in whose area he has his home (“the relevant authority”) to carry out an assessment of his needs for adoption support services under section 4(1) of the Act and pass to the relevant authority, at their request, a copy of the child's permanence report and a copy of the prospective adopter's report;

(c)consider the arrangements for allowing any person contact with the child; and

(d)prepare a written report (“the adoption placement report”) which shall include—

(i)the agency's reasons for proposing the placement;

(ii)the information obtained by the agency by virtue of paragraph (1);

(iii)where the agency is a local authority, their proposals for the provision of adoption support services for the adoptive family;

(iv)the arrangements the agency proposes to make for allowing any person contact with the child; and

(v)any other relevant information.

(3) [F57Where the adoption agency remains of the view that the proposed placement should proceed, it] must notify the [F58prospective adopter that] [F58prospective adopter whether] the proposed placement is to be referred to the adoption panel and give him a copy of the adoption placement report, inviting him to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is sent.

(4) At the end of the period of 10 working days referred to in paragraph (3) (or earlier if observations are received before the 10 working days has expired) the adoption agency must [F59decide whether or not to refer the case to an adoption panel or to proceed to make a decision under regulation 33 without such a referral and, where the case is being referred to an adoption panel, the adoption agency must] send—

(a)the adoption placement report;

(b)the child's permanence report; and

(c)the prospective adopter's report and his observations,

to the adoption panel.

(5) The adoption agency must obtain so far as is reasonably practicable any other relevant information which may be requested by the adoption panel in connection with the proposed placement and send that information to the panel.

(6) This paragraph applies where an adoption agency (“agency A”) intends to refer a proposed placement to the adoption panel and another agency (“agency B”) made the decision (in accordance with these Regulations) that—

(a)the child should be placed for adoption; or

(b)the prospective adopter is suitable to be an adoptive parent.

(7) Where paragraph (6) applies agency A may only refer the proposed placement to the adoption panel if it has consulted agency B about the proposed placement.

(8) Agency A must—

(a)where paragraph (6)(a) applies, open a child's case record; or

(b)where paragraph (6)(b) applies, open a prospective adopter's case record,

and place on the appropriate record, the information and documents received from agency B.

Textual Amendments

F58Words in reg. 31(3) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(14)(a) (with Pts. 12, 13)

F59Words in reg. 31(4) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(14)(b) (with Pts. 12, 13)

Function of the adoption panel in relation to proposed placementE+W

32.—(1) The adoption panel must consider the proposed placement referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.

(2) In considering what recommendation to make the adoption panel shall have regard to the duties imposed on the adoption agency under [F60section 1(2) and (4)] of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and—

(a)must consider and take into account all information and the reports passed to it in accordance with regulation 31;

(b)may request the agency to obtain any other relevant information which the panel considers necessary; and

(c)may obtain legal advice as it considers necessary in relation to the case.

(3) The adoption panel must consider—

(a)in a case where the adoption agency is a local authority, the authority's proposals for the provision of adoption support services for the adoptive family;

(b)the arrangements the adoption agency proposes to make for allowing any person contact with the child; and

(c)whether the parental responsibility of any parent or guardian or the prospective adopter should be restricted and if so the extent of any such restriction.

(4) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption with the particular prospective adopter, the panel may at the same time give advice to the agency about any of the matters set out in paragraph (3).

(5) An adoption panel may only make the recommendation referred to in paragraph (1) if—

(a)that recommendation is to be made at the same meeting of the adoption panel at which a recommendation has been made that the child should be placed for adoption; or

(b)the adoption agency, or another adoption agency, has already made a decision in accordance with regulation 19 that the child should be placed for adoption,

and in either case that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to adopt a child or the adoption agency, or another adoption agency, has made a decision in accordance with [F61regulation 30B] that the prospective adopter is suitable to adopt a child.

Textual Amendments

Adoption agency decision in relation to proposed placementE+W

33.—(1) The adoption agency must take into [F62account the] [F62account any] recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter.

(2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

(3) As soon as possible after making its decision the adoption agency must notify in writing—

(a)the prospective adopter of its decision; and

(b)if their whereabouts are known to the agency, the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child, of the fact that the child is to be placed for adoption.

(4) If the adoption agency decides that the proposed placement should proceed, the agency must, in an appropriate manner and having regard to the child's age and understanding, explain its decision to the child.

(5) The adoption agency must place on the child's case record—

(a)the prospective adopter's report;

(b)the adoption placement report and the prospective adopter's observations on that report;

(c)the written record of the proceedings of the adoption panel under regulation 32, its recommendation, the reasons for its recommendation and any advice given by the panel to the agency; and

(d)the record and notification of the agency's decision under this regulation.

Textual Amendments

F62Words in reg. 33(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(15) (with Pts. 12, 13)

Modifications etc. (not altering text)

C7Reg. 33 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 45(1)

Function of the adoption agency in a section 83 caseE+W

34.—(1) This paragraph applies where in a section 83 case the adoption agency receives from the relevant foreign authority information about a child to be adopted by a prospective adopter.

(2) Where paragraph (1) applies, the adoption agency must—

(a)send a copy of the information referred to in paragraph (1) to the prospective adopter unless it is aware that the prospective adopter has received a copy;

(b)consider that information and meet with the prospective adopter to discuss the information; and

(c)if appropriate, provide a counselling service for, and any further information to, the prospective adopter as may be required.

PART 6E+WPLACEMENT AND REVIEWS

Requirements imposed on the adoption agency before the child may be placed for adoptionE+W

35.—(1) This paragraph applies where the adoption agency—

(a)has decided in accordance with regulation 33 to place a child for adoption with a particular prospective adopter; and

(b)has met with the prospective adopter to consider the arrangements it proposes to make for the placement of the child with him.

(2) Where paragraph (1) applies, the adoption agency must, as soon as possible, send the prospective adopter a placement plan in respect of the child which covers the matters specified in Schedule 5 (“the adoption placement plan”).

(3) Where the prospective adopter notifies the adoption agency that he wishes to proceed with the placement and the agency is authorised to place the child for adoption or, subject to paragraph (4), the child is less than 6 weeks old, the agency may place the child for adoption with the prospective adopter.

(4) Unless there is a placement order in respect of the child, the adoption agency may not place for adoption a child who is less than six weeks old unless the parent or guardian of the child has agreed in writing with the agency that the child may be placed for adoption.

(5) Where the child already has his home with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed for adoption with him by that agency.

(6) The adoption agency must before the child is placed for adoption with the prospective adopter—

(a)send to the prospective adopter's general practitioner written notification of the proposed placement and send with that notification a written report of the child's health history and current state of health; [F63and]

(b)send to the local authority (if that authority is not the adoption agency) and [F64clinical commissioning group] or Local Health Board (Wales), in whose area the prospective adopter has his home, [F65and to the National Health Service Commissioning Board if the prospective adopter's home is in England,] written notification of the proposed placement [F66and, where the child is of compulsory school age, include in the notification to the local authority information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under [F67the Children and Families Act 2014]].

F68(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The adoption agency must notify the prospective adopter in writing of any change to the adoption placement plan.

(8) The adoption agency must place on the child's case record—

(a)in the case of a child who is less than 6 weeks old and in respect of whom there is no placement order, a copy of the agreement referred to in paragraph (4); and

(b)a copy of the adoption placement plan and any changes to that plan.

Textual Amendments

ReviewsE+W

36.—[F69(A1) Subject to paragraph (B1) an adoption agency does not have to carry out a review required by this regulation where the adoption agency decide that it is not reasonably practicable to carry out the review of the child's case.

(B1) Paragraph (A1) does not apply where the adoption agency is satisfied that a review is necessary to safeguard and promote the welfare of the child.]

(1) Where an adoption agency is authorised to place a child for adoption but the child is not for the time being placed for adoption the agency must carry out a review of the child's case—

(a)not more than 3 months after the date on which the agency first has authority to place; and

(b)thereafter not more than 6 months after the date of the previous review (“6 months review”),

until the child is placed for adoption.

(2) Paragraphs (3) and (4) apply where a child is placed for adoption.

(3) The adoption agency must carry out a review of the child's case—

(a)not more than 4 weeks after the date on which the child is placed for adoption (“the first review”);

(b)not more than 3 months after the first review; and

(c)thereafter not more than 6 months after the date of the previous review,

unless the child is returned to the agency by the prospective adopter or an adoption order is made.

(4) The adoption agency must—

(a)ensure that the child and the prospective adopter are visited within one week of the placement and thereafter at least once a week until the first review and thereafter at such frequency as the agency decides at each review;

(b)ensure that written reports are made of such visits; and

(c)provide such advice and assistance to the prospective adopter as the agency considers necessary.

(5) When carrying out a review the adoption agency must consider each of the matters set out in paragraph (6) and must, so far as is reasonably practicable, ascertain the views of—

(a)the child, having regard to his age and understanding;

(b)if the child is placed for adoption, the prospective adopter; and

(c)any other person the agency considers relevant,

in relation to such of the matters set out in paragraph (6) as the agency considers appropriate.

(6) The matters referred to in paragraph (5) are—

(a)whether the adoption agency remains satisfied that the child should be placed for adoption;

(b)the child's needs, welfare and development, and whether any changes need to be made to meet his needs or assist his development;

(c)the existing arrangements for contact, and whether they should continue or be altered;

(d)F70..., the arrangements in relation to the exercise of parental responsibility for the child, and whether they should continue or be altered;

(e)[F71where the child is placed for adoption], the arrangements for the provision of adoption support services for the adoptive family and whether there should be any re-assessment of the need for those services;

(f)in consultation with the appropriate agencies, the arrangements for assessing and meeting the child's health care and educational needs;

(g)subject to paragraphs (1) and (3), the frequency of the reviews.

(7) Where the child is subject to a placement order and has not been placed for adoption at the time of the first 6 months review, the local authority must at that review—

(a)establish why the child has not been placed for adoption and consider what further steps the authority should take in relation to the placement of the child for adoption; and

(b)consider whether it remains satisfied that the child should be placed for adoption.

(8) The adoption agency must, so far as is reasonably practicable, notify—

(a)the child, where the agency considers he is of sufficient age and understanding;

(b)the prospective adopter; and

(c)any other person whom the agency considers relevant,

of F72... any decision taken by the agency in consequence of that review.

(9) The adoption agency must ensure that—

(a)the information obtained in the course of a review or visit in respect of a child's case including the views expressed by the child;

(b)the details of the proceedings of any meeting arranged by the agency to consider any aspect of the review of the case; and

(c)details of any decision made in the course of or as a result of the review,

are recorded in writing and placed on the child's case record.

(10) Where the child is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the agency must conduct a review of the child's case no earlier than 28 days, or later than 42 days, after the date on which the child is returned to the agency and when carrying out that review the agency must consider the matters set out in paragraph (6)(a), (b), (c) and (f).

Textual Amendments

Independent reviewing officersE+W

37.—(1) An adoption agency which is—

(a)a local authority; or

(b)a registered adoption society which is a voluntary organisation who provide accommodation for a child,

must appoint a person (“the independent reviewing officer”) in respect of the case of each child authorised to be placed for adoption by the agency to carry out the functions mentioned in section 26(2A) of the 1989 Act.

(2) The independent reviewing officer must be registered as a social worker in [F73[F74the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017], in the register maintained] by [F75Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016] or in a corresponding register maintained under the law of Scotland or Northern Ireland.

(3) The independent reviewing officer must, in the opinion of the adoption agency, have sufficient relevant social work experience to undertake the functions referred to in paragraph (1) in relation to the case.

(4) A person who is an employee of the adoption agency may not be appointed as an independent reviewing officer in a case if he is involved in the management of the case or is under the direct management of—

(a)a person involved in the management of the case;

(b)a person with management responsibilities in relation to a person mentioned in sub-paragraph (a); or

(c)a person with control over the resources allocated to the case.

(5) The independent reviewing officer must—

(a)as far as is reasonably practicable attend any meeting held in connection with the review of the child's case; and

(b)chair any such meeting that he attends.

(6) The independent reviewing officer must, as far as is reasonably practicable, take steps to ensure that the review is conducted in accordance with regulation 36 and in particular to ensure—

(a)that the child's views are understood and taken into account;

(b)that the persons responsible for implementing any decision taken in consequence of the review are identified; and

(c)that any failure to review the case in accordance with regulation 36 or to take proper steps to make the arrangements agreed at the review is brought to the attention of persons at an appropriate level of seniority within the adoption agency.

(7) If the child whose case is reviewed wishes to take proceedings on his own account, for example, to apply to the court for revocation of a placement order, it is the function of the independent reviewing officer—

(a)to assist the child to obtain legal advice; or

(b)to establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child's behalf.

(8) The adoption agency must inform the independent reviewing officer of—

(a)any significant failure to make the arrangements agreed at a review; and

(b)any significant change in the child's circumstances after a review.

Textual Amendments

Withdrawal of consentE+W

38.—(1) This paragraph applies where consent given under section 19 or 20 of the Act in respect of a child is withdrawn in accordance with section 52(8) of the Act.

(2) Where paragraph (1) applies and the adoption agency is a local authority, on receipt of the form or notice given in accordance with section 52(8) of the Act the authority must immediately review their decision to place the child for adoption and where, in accordance with section 22(1) to (3) of the Act, the authority decide to apply for a placement order in respect of the child, they must notify as soon as possible—

(a)the parent or guardian of the child;

(b)where regulation 14(3) applies and the agency considers it is appropriate, the child's father; and

(c)if the child is placed for adoption, the prospective adopter with whom the child is placed.

(3) Where paragraph (1) applies and the adoption agency is a registered adoption society, the agency must immediately consider whether it is appropriate to inform the local authority in whose area the child is living.

PART 7E+WCASE RECORDS

Modifications etc. (not altering text)

Storage of case recordsE+W

39.  The adoption agency must ensure that the child's case record and the prospective adopter's case record and the contents of those case records are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of, or damage to, the case record or its contents.

Preservation of case recordsE+W

40.  An adoption agency must keep the child's case record and the prospective adopter's case record for such period as it considers appropriate.

Confidentiality of case recordsE+W

41.  Subject to regulation 42, the contents of the child's case record and the prospective adopter's case record shall be treated by the adoption agency as confidential.

Access to case records and disclosure of informationE+W

42.—(1) Subject to paragraph (3), an adoption agency shall provide such access to its case records and disclose such information in its possession, as may be required—

(a)to those holding an inquiry under [F76sections 3 and 4 of the Children Act 2004 (inquiries held by the Children’s Commissioner) or under the Inquiries Act 2005] for the purposes of such an inquiry;

(b)to the Secretary of State;

(c)to the registration authority;

(d)subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 M10 (investigations and disclosure), to the Commission for Local Administration in England, for the purposes of any investigation conducted in accordance with Part 3 of that Act;

(e)to any person appointed by the agency for the purposes of the consideration by the agency of any representations (including complaints);

(f)by and to the extent specified in these Regulations;

(g)to an officer of the Service or a Welsh family proceedings officer for the purposes of the discharge of his duties under the Act; and

(h)to a court having power to make an order under the Act or the 1989 Act;

[F77(i)to a fostering service provider within fifteen working days of a request under regulation 26(1A)(f) of the Fostering Services (England) Regulations 2011.]

(2) Subject to paragraph (3), an adoption agency may provide such access to its case records and disclose such information in its possession, as it thinks fit for the purposes of carrying out its functions as an adoption agency.

(3) A written record shall be kept by an adoption agency of any access provided or disclosure made by virtue of this regulation.

Textual Amendments

Marginal Citations

Transfer of case recordsE+W

43.—(1) An adoption agency may transfer a copy of a child's case record or prospective adopter's case record (or part of that record) to another adoption agency when it considers this to be in the interests of the child or prospective adopter to whom the record relates, and a written record shall be kept of any such transfer.

(2) Subject to paragraph (3), a registered adoption society which intends to cease to act or exist as such shall forthwith either transfer its case records to another adoption agency having first obtained the registration authority's approval for such transfer, or transfer its case records—

(a)to the local authority in whose area the society's principal office is situated; or

(b)in the case of a society which amalgamates with another registered adoption society to form a new registered adoption society, to the new body.

(3) An adoption agency to which case records are transferred by virtue of paragraph (2)(a) or (b) shall notify the registration authority in writing of such transfer.

Application of regulations 40 to 42E+W

44.  Nothing in this Part applies to the information which an adoption agency must keep in relation to an adopted person by virtue of regulations made under section 56 of the Act.

PART 8E+WMISCELLANEOUS

Modification of 1989 Act in relation to adoptionE+W

45.—(1) This paragraph applies where—

(a)a local authority are authorised to place a child for adoption; or

(b)a child who has been placed for adoption by a local authority is less than 6 weeks old.

(2) Where paragraph (1) applies—

(a)section 22(4)(b) of the 1989 Act shall not apply;

(b)section 22(4)(c) of the 1989 Act shall apply as if for that sub-paragraph there were inserted “ (c) any prospective adopter with whom the local authority has placed the child for adoption[F78;] ”;

(c)section 22(5)(b) of the 1989 Act shall apply as if for the words “(4)(b) to (d)” there were inserted “ (4)(c) and (d) ”; and

(d)paragraphs 15 and 21 of Schedule 2 to the 1989 Act shall not apply.

(3) This paragraph applies where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than 6 weeks old.

(4) Where paragraph (3) applies—

(a)section 61F79... of the 1989 Act is to have effect in relation to the child whether or not he is accommodated by or on behalf of the society;

(b)section 61(2)(b) of the 1989 Act shall not apply; and

(c)section 61(2)(c) of the 1989 Act shall apply as if for that sub-paragraph there were inserted “ (c) any prospective adopter with whom the registered adoption society has placed the child for adoption[F80;] ”.

Textual Amendments

ContactE+W

46.—(1) This paragraph applies where an adoption agency decides that a child should be placed for adoption.

(2) Where paragraph (1) applies and subject to paragraph (3), the adoption agency must consider what arrangements it should make for allowing any person contact with the child once the agency is authorised to place the child for adoption (“the contact arrangements”).

(3) The adoption agency must—

(a)take into account the wishes and feelings of the parent or guardian of the child and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child;

(b)take into account any advice given by the adoption panel in accordance with regulation 18(3); and

(c)have regard to the considerations set out in section 1(2) and (4) of the Act,

in coming to a decision in relation to the contact arrangements.

(4) The adoption agency must notify—

(a)the child, if the agency considers he is of sufficient age and understanding;

(b)if their whereabouts are known to the agency, the parent or guardian, and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child;

(c)any person in whose favour there was a provision for contact under the 1989 Act which ceased to have effect by virtue of section 26(1) of the Act M11; and

(d)any other person the agency considers relevant,

of the contact arrangements.

(5) Where an adoption agency decides that a child should be placed for adoption with a particular prospective adopter, the agency must review the contact arrangements in light of the views of the prospective adopter and any advice given by the adoption panel in accordance with regulation 32(3).

(6) If the adoption agency proposes to make any change to the contact arrangements which affects any person mentioned in paragraph (4), it must seek the views of that person and take those views into account in deciding what arrangements it should make for allowing any person contact with the child while he is placed for adoption with the prospective adopter.

(7) The adoption agency must—

(a)set out the contact arrangements in the placement plan; and

(b)keep the contact arrangements under review.

Marginal Citations

M11For the definition of “a provision for contact under the 1989 Act” see section 26(6) of the Act.

Contact: supplementaryE+W

47.—(1) Where an adoption agency has decided under section 27(2) of the Act to refuse to allow the contact that would otherwise be required by virtue of an order under section 26 of the Act, the agency must, as soon as the decision is made, inform the persons specified in paragraph (3) and notify them of the decision, the date of the decision, the reasons for the decision and the duration of the period.

(2) The terms of an order under section 26 of the Act may be departed from by agreement between the adoption agency and any person for whose contact with the child the order provides subject to the following conditions—

(a)where the child is of sufficient age and understanding, subject to his agreement;

(b)where the child is placed for adoption, subject to consultation before the agreement is reached, with the prospective adopter with whom the child is placed for adoption; and

(c)written confirmation by the agency to the persons specified in paragraph (3) of the terms of that agreement.

(3) The following persons are specified for the purposes of paragraphs (1) and (2)—

(a)the child, if the adoption agency considers he is of sufficient age and understanding;

(b)the person in whose favour the order under section 26 was made; and

(c)if the child is placed for adoption, the prospective adopter.

Filkin

Parliamentary Under Secretary of State

Department for Education and Skills

SCHEDULE 1E+WINFORMATION

Regulation 15(1)

PART 1E+WINFORMATION ABOUT THE CHILD

1.  Name, sex, date and place of birth and address including the local authority area.E+W

2.  A photograph and physical description.E+W

3.  Nationality.E+W

4.  Racial origin and cultural and linguistic background.E+W

5.  Religious persuasion (including details of baptism, confirmation or equivalent ceremonies).E+W

6.  Whether the child is looked after or is provided with accommodation under section 59(1) of the 1989 Act.E+W

7.  Details of any order made by a court with respect to the child under the 1989 Act including the name of the court, the order made and the date on which the order was made.E+W

8.  Whether the child has any rights to, or interest in, property or any claim to damages under the Fatal Accidents Act 1976 M12 or otherwise which he stands to retain or lose if he is adopted.E+W

Marginal Citations

9.  A chronology of the child's care since birth.E+W

10.  A description of the child's personality, his social development and his emotional and behavioural development.E+W

11.  Whether the child has any difficulties with activities such as feeding, washing and dressing himself.E+W

12.  The educational history of the child including—E+W

(a)the names, addresses and types of nurseries or schools attended with dates;

(b)a summary of his progress and attainments;

[F81(c)whether an EHC plan is maintained for him under section 37 of the Children and Families Act 2014;]

(d)any special needs he has in relation to learning; and

(e)where he is looked after, details of his personal education plan prepared by the local authority.

Textual Amendments

13.  Information about—E+W

(a)the child's relationship with—

(i)his parent or guardian;

(ii)any brothers or sisters or other relatives he may have; and

(iii)any other person the agency considers relevant;

(b)the likelihood of any such relationship continuing and the value to the child of its doing so; and

(c)the ability and willingness of the child's parent or guardian or any other person the agency considers relevant, to provide the child with a secure environment in which he can develop, and otherwise to meet his needs.

14.  The current arrangements for and the type of contact between the child's parent or guardian or other person with parental responsibility for him, his father, and any relative, friend or other person.E+W

15.  A description of the child's interests, likes and dislikes.E+W

16.  Any other relevant information which might assist the adoption panel and the adoption agency.E+W

17.  In this Part “parent” includes the child's father whether or not he has parental responsibility for the child.E+W

Regulation 15(2)

PART 2E+WMATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT

1.  Name, date of birth, sex, weight and height.E+W

2.  A neo-natal report on the child, including—E+W

(a)details of his birth and any complications;

(b)the results of a physical examination and screening tests;

(c)details of any treatment given;

(d)details of any problem in management and feeding;

(e)any other relevant information which may assist the adoption panel and the adoption agency; and

(f)the name and address of any registered medical practitioner who may be able to provide further information about any of the above matters.

3.  A full health history of the child, including—E+W

(a)details of any serious illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given;

(b)details and dates of immunisations;

(c)a physical and developmental assessment according to age, including an assessment of vision and hearing and of neurological, speech and language development and any evidence of emotional disorder;

(d)for a child over five years of age, the school health history (if available);

(e)how his physical and mental health and medical history have affected his physical, intellectual, emotional, social or behavioural development; and

(f)any other relevant information which may assist the adoption panel and the adoption agency.

Regulation 16(1)

PART 3E+WINFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

Information about each parent of the childE+W

1.  Name, sex, date and place of birth and address including the local authority area.

2.  A photograph, if available, and physical description.E+W

3.  Nationality.E+W

4.  Racial origin and cultural and linguistic background.E+W

5.  Religious persuasion.E+W

6.  A description of their personality and interests.E+W

Information about the child's brothers and sistersE+W

7.  Name, sex, and date and place of birth.

8.  A photograph, if available, and physical description.E+W

9.  Nationality.E+W

10.  Address, if appropriate.E+W

11.  If the brother or sister is under the age of 18—E+W

(a)where and with whom he or she is living;

(b)whether he or she is looked after or is provided with accommodation under section 59(1) of the 1989 Act;

(c)details of any court order made with respect to him or her under the 1989 Act, including the name of the court, the order made, and the date on which the order was made; and

(d)whether he or she is also being considered for adoption.

Information about the child's other relatives and any other person the agency considers relevantE+W

12.  Name, sex and date and place of birth.

13.  Nationality.E+W

14.  Address, if appropriate.E+W

Family history and relationshipsE+W

[F8215.  Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership.]

Textual Amendments

[F8215A.  Whether—E+W

(a)if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or

(b)if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.]

Textual Amendments

16.  Where the child's parents are not married [F83or civil partners], whether the father has parental responsibility for the child and if so how it was acquired.E+W

Textual Amendments

17.  If the identity or whereabouts of the child's father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity.E+W

18.  Where the child's parents have been previously married or formed a civil partnership, the date of the marriage or, as the case may be, the date and place of registration of the civil partnership.E+W

19.  So far as is possible, a family tree with details of the child's grandparents, parents and aunts and uncles with their age (or ages at death).E+W

20.  Where it is reasonably practicable, a chronology of each of the child's parents from birth.E+W

21.  The observations of the child's parents about their own experiences of being parented and how this has influenced them.E+W

22.  The past and present relationship of the child's parents.E+W

23.  Details of the wider family and their role and importance to—E+W

(a)the child's parents; and

(b)any brothers or sisters of the child.

Other information about each parent of the childE+W

24.  Information about their home and the neighbourhood in which they live.

25.  Details of their educational history.E+W

26.  Details of their employment history.E+W

27.  Information about the parenting capacity of the child's parents, particularly their ability and willingness to parent the child.E+W

28.  Any other relevant information which might assist the adoption panel and the adoption agency.E+W

29.  In this Part “parent” includes the father of the child whether or not he has parental responsibility for the child.E+W

Regulation 16(2)

PART 4E+WINFORMATION RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

1.  Name, date of birth, sex, weight and height of each natural parent.E+W

2.  A health history of each of the child's natural parents, including details of any serious physical or mental illness, any hereditary disease or disorder, drug or alcohol misuse, disability, accident or hospital admission and in each case any treatment given where the agency consider such information to be relevant.E+W

3.  A health history of the child's brothers and sisters (of the full blood or half-blood), and the other children of each parent with details of any serious physical or mental illness and any hereditary disease or disorder.E+W

4.  A summary of the mother's obstetric history, including any problems in the ante-natal, labour and post-natal periods, with the results of any tests carried out during or immediately after the pregnancy.E+W

5.  Details of any present illness, including treatment and prognosis.E+W

6.  Any other relevant information which the adoption agency considers may assist the adoption panel and the agency.E+W

Regulation 19A(1)

F84SCHEDULE 1AE+WInformation about children suitable for adoption

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 20

SCHEDULE 2E+WINFORMATION AND DOCUMENTS TO BE PROVIDED TO THE CAFCASS OR THE NATIONAL ASSEMBLY FOR WALES

1.  A certified copy of the child's birth certificate.E+W

2.  Name and address of the child's parent or guardian.E+W

3.  A chronology of the actions and decisions taken by the adoption agency with respect to the child.E+W

4.  Confirmation by the adoption agency that it has counselled, and explained to the parent or guardian the legal implications of both consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act and provided the parent or guardian with written information about this together with a copy of the written information provided to him.E+W

5.  Such information about the parent or guardian or other information as the adoption agency considers the officer of the Service or the Welsh family proceedings officer may need to know.E+W

SCHEDULE 3E+W

Regulation 23(3)

PART 1E+WOFFENCES SPECIFIED FOR THE PURPOSES OF [F85REGULATION 25(3)(b)]

Textual Amendments

Offences in England and WalesE+W

1.  Any of the following offences against an adult—

(a)an offence of rape under section 1 of the Sexual Offences Act 2003 M13;

(b)an offence of assault by penetration under section 2 of that Act;

(c)an offence of causing a person to engage in sexual activity without consent under section 4 of that Act, if the activity fell within subsection (4) of that section;

(d)an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act, if the touching fell within subsection (3) of that section;

(e)an offence of causing or inciting a person with mental disorder impeding choice to engage in sexual activity under section 31of that Act, if the activity caused or incited fell within subsection (3) of that section;

(f)an offence of inducement, threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2) of that section; and

(g)an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception under section 35 of that Act, if the activity fell within subsection (2) of that section.

Marginal Citations

Offences in ScotlandE+W

[F862.  An offence under section 1 (rape) and section 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009.]

Textual Amendments

[F863.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 except, in a case where the offender was under the age of 20 at the time the offence was committed.]E+W

Textual Amendments

4.  An offence of plagium (theft of a child below the age of puberty).E+W

5.  Section 52 or 52A of the Civil Government (Scotland) Act 1982 (indecent photographs of children) M14.E+W

Marginal Citations

M141982 c. 45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33).

6.  An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust) M15.E+W

Marginal Citations

Offences in Northern IrelandE+W

[F877.  An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 2008.]

Textual Amendments

[F878.  An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968, except in the case where the offender was under the age of 20 at the time the offence was committed.]E+W

Textual Amendments

9.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs) M16.E+W

Marginal Citations

F8810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

11.  An offence contrary to Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) M17.E+W

Marginal Citations

Regulation 23(4)

PART 2E+WREPEALED STATUTORY OFFENCES

1.—(1) An offence under any of the following sections of the Sexual Offences Act 1956 M18—E+W

(a)section 1 (rape);

(b)section 5 (intercourse with a girl under 13);

(c)subject to paragraph 4, section 6 (intercourse with a girl under 16);

(d)section 19 or 20 (abduction of girl under 18 or 16);

(e)section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse); and

(f)section 28 (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1960 M19 (indecent conduct towards young child).

(3) An offence under section 54 of the Criminal Law Act 1977 M20 (inciting girl under sixteen to incest).

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

Marginal Citations

2.  A person falls within this paragraph if he has been convicted of any of the following offences against a child committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, he admitted—E+W

(a)an offence under section 2 or 3 of the Sexual Offences Act 1956 Act (procurement of woman by threats or false pretences);

(b)an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse);

(c)an offence under section 14 or 15 of that Act (indecent assault);

(d)an offence under section 16 of that Act (assault with intent to commit buggery);

(e)an offence under section 17 of that Act (abduction of woman by force or for the sake of her property); and

(f)an offence under section 24 of that Act (detention of woman in brothel or other premises).

3.  A person falls within this paragraph if he has been convicted of any of the following offences committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, he admitted—E+W

(a)an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child;

(b)an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse;

(c)an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child;

(d)an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her;

(e)subject to paragraph 4, an offence under section 12 of that Act by committing buggery with a child under the age of 16;

(f)subject to paragraph 4, an offence under section 13 of that Act by committing an act of gross indecency with a child;

(g)an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian;

(h)an offence under section 22 of that Act (causing prostitution of women) in relation to a child;

(i)an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person;

(j)an offence under section 27 of that Act (permitting defective to use premise for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse;

(k)an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child;

(l)an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child;

(m)an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child;

(n)an offence under section 128 of the Mental Health Act 1959 M21 (sexual intercourse with patients) by having sexual intercourse with a child;

(o)an offence under section 4 of the Sexual Offences Act 1967 M22 (procuring others to commit homosexual acts) by—

(i)procuring a child to commit an act of buggery with any person; or

(ii)procuring any person to commit an act of buggery with a child;

(p)an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child; and

(q)an offence under section 9(1)(a) of the Theft Act 1968 M23 (burglary), by entering a building or part of a building with intent to rape a child.

Marginal Citations

4.  Paragraphs 1(c) and 3(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.E+W

[F89SCHEDULE 4E+W

Textual Amendments

Regulation 26(a)

PART 1E+WInformation to be provided during Stage 1

Information about the prospective adopterE+W

1.  Name, sex, date and place of birth and address including the local authority area.

2.  If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of their suitability to adopt, the reasons for this.

3.  Details of any previous family court proceedings in which the prospective adopter has been involved.

4.  Names and addresses of three referees who will give personal references on the prospective adopter, not more than one of whom may be a relative.

5.  Name and address of the prospective adopter’s registered medical practitioner.

6.  If the prospective adopter—

(a)is married, the date and place of the marriage,

(b)has formed a civil partnership, the date and place of registration of that partnership, or

(c)has a partner, details of that relationship.

7.  Details of any previous marriage, civil partnership or relationship.

8.  Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long they have been habitually resident.

Information about the home etc of the prospective adopterE+W

9.  Details of other members of the prospective adopter’s household (including any children of the prospective adopter whether or not resident in the household).

Regulation 26(b)

PART 2E+WReport on the Health of the Prospective Adopter

1.  Name, date of birth, sex, weight and height.E+W

2.  A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and any hereditary disease or disorder.E+W

3.  Infertility or reasons for deciding not to have children (if applicable).E+W

4.  Past health history, including details of any serious physical or mental illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given.E+W

5.  Obstetric history (if applicable).E+W

6.  Details of any present illness, including treatment and prognosis.E+W

7.  Details of any consumption of alcohol that may give cause for concern or whether the prospective adopter smokes or uses habit-forming drugs.E+W

8.  Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency.E+W

Regulation 30(1)

PART 3E+WInformation to be provided during stage 2

Information about the prospective adopterE+W

1.  A photograph and physical description.

2.  Racial origin and cultural and linguistic background.

3.  Religious persuasion.

4.  Relationship (if any) to the child.

5.  A description of the prospective adopter’s personality and interests.

6.  A family tree with details of the prospective adopter, the prospective adopter’s siblings and any children of the prospective adopter, with their ages (or ages at death).

7.  A chronology of the prospective adopter from birth.

8.  The observations of the prospective adopter about their own experience of being parented and how this has influenced them.

9.  Details of any experience the prospective adopter has had of caring for children (including as a parent, step-parent, foster parent, child minder or prospective adopter) and an assessment of the prospective adopter’s ability in this respect.

10.  Any other information which indicates how the prospective adopter and anybody else living in the prospective adopter’s household is likely to relate to a child placed for adoption with the prospective adopter.

Wider FamilyE+W

11.  A description of the wider family of the prospective adopter and their role and importance to the prospective adopter and their likely role and importance to a child placed for adoption with the prospective adopter.

Information about the home etc of the prospective adopterE+W

12.  Information about the prospective adopter’s home and the neighbourhood in which the prospective adopter lives.

13.  Information about the local community of the prospective adopter, including the degree of the family’s integration with its peer groups, friendships and social networks.

Education and employmentE+W

14.  Details of the prospective adopter’s educational history and attainments and the prospective adopter’s views about how this has influenced them.

15.  Details of the prospective adopter’s employment history and the observations of the prospective adopter about how this has influenced them.

16.  The current employment of the prospective adopter and the prospective adopter’s views about achieving a balance between employment and child care.

IncomeE+W

17.  Details of the prospective adopter’s income and expenditure.

Other informationE+W

18.  Information about the prospective adopter’s capacity to—

(a)provide for a child’s needs, particularly emotional and behavioural development needs;

(b)share a child’s history and associated emotional issues; and

(c)understand and support a child through possible feelings of loss and trauma.

19.  The prospective adopter’s—

(a)reasons for wishing to adopt a child;

(b)views and feelings about adoption and its significance;

(c)views about their parenting capacity;

(d)views about parental responsibility and what it means;

(e)views about a suitable home environment for a child;

(f)views about the importance and value of education;

(g)views and feelings about the importance of a child’s religious and cultural upbringing; and

(h)views and feelings about contact.

20.  The views of other members of the prospective adopter’s household and wider family in relation to adoption.

21.  Any other relevant information which might assist the adoption panel or the adoption agency.]

Regulation 30F(3)

[F89SCHEDULE 4AE+WModifications to Part 4

1.  Regulation 22 does not apply.E+W

2.  Regulations 24, 25 and 26 only apply where an adoption agency considers it necessary.E+W

3.  Regulations 27 and 28 do not apply.E+W

4.  Regulation 30 applies as if—E+W

(a)paragraphs (1) and (4) were omitted;

(b)for paragraph (2) there were substituted—

“(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a)where applicable, a summary, written by the agency’s medical adviser, of the state of the health of the prospective adopter;

(b)where applicable, any observations of the agency on the matters referred to in regulation 25;

(c)where applicable, any relevant information obtained by the agency under regulation 26;

(d)the agency’s assessment of the prospective adopter’s suitability to adopt; and

(e)any other information which the agency considers relevant.”; and

(c)the words “where applicable” were inserted at the beginning of paragraph (6)(b).

5.  Regulation 30A(3) does not apply.E+W

6.  Regulation 30B applies as if for paragraph (1) there were substituted—E+W

“(1) The adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the pre-assessment process.”]

Regulation 30G(2)

F90SCHEDULE 4BE+WInformation about prospective adopters who are suitable to adopt a child

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 35(2)

SCHEDULE 5E+WADOPTION PLACEMENT PLAN

1.  Whether [F91the child is] placed under a placement order or with the consent of the parent or guardian.E+W

Textual Amendments

2.  The arrangements for preparing the child and the prospective adopter for the placement.E+W

3.  Date on which it is proposed to place the child for adoption with the prospective adopter.E+W

4.  The arrangements for review of the placement.E+W

5.  Whether parental responsibility of the prospective adopter for the child is to be restricted, and if so, the extent to which it is to be restricted.E+W

6.  Where the local authority has decided to provide adoption support services for the adoptive family, how these will be provided and by whom.E+W

7.  The arrangements which the adoption agency has made for allowing any person contact with the child, the form of contact, the arrangements for supporting contact and the name and contact details of the person responsible for facilitating the contact arrangements (if applicable).E+W

8.  The dates on which the child's life story book and later life letter are to be passed by the adoption agency to the prospective adopter.E+W

9.  Details of any other arrangements that need to be made.E+W

10.  Contact details of the child's social worker, the prospective adopter's social worker and out of hours contacts.E+W

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to the exercise by adoption agencies (local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002 (“the Act”).

Part 2 makes provision for the arrangements for adoption work which adoption agencies (“agencies”) must put in place. Regulation 3 requires agencies to set up adoption panels and regulations 4 and 5 make provision in relation to the tenure of panel members and the proceedings of adoption panels. Agencies are required to appoint an adoption adviser to the adoption panel and medical adviser (regulations 8 and 9) and regulation 10 provides for the establishment of new panels on 30th December 2005 (the date on which these Regulations come into force).

Part 3 applies where an agency is considering adoption for a child. Regulation 12 requires the agency to open a case record in respect of the child. Regulations 13 and 14 require the agency to provide counselling and information for, and ascertain the wishes and feelings of, the child, his parent or guardian and others. Regulation 14(3) and (4) make provision for the father of a child who does not have parental responsibility for the child and whose identity is known. If the agency considers it is appropriate it must counsel etc. the father. Regulations 15 and 16 impose duties on an agency to obtain information about the child and his family and others which is specified in Schedule 1. Regulation 17 requires the agency to prepare a written report about the child (“the child's permanence report”). The child's permanence report and certain other information must be sent to the adoption panel. Regulation 18 provides that the adoption panel have to make a recommendation to the agency as to whether the child should be placed for adoption. The agency must take into account that recommendation in coming to a decision about whether the child should be placed for adoption (regulation 19). Regulation 20 provides that the agency must request CAFCASS to appoint an officer of the Service or the National Assembly for Wales to appoint a Welsh family proceedings officer to witness consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act. The information to be provided to CAFCASS is specified in Schedule 2.

Part 4 makes provision for the assessment of prospective adopters. Regulation 21 requires the agency to provide counselling and information for a prospective adopter. The agency must consider an application by a prospective adopter for an assessment of his suitability to adopt a child (regulation 22). Regulation 23 requires the agency to carry out police checks and provides that an agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over has been convicted of, or cautioned for, certain specified offences. The agency must arrange for the prospective adopter to receive preparation for adoption (regulation 24). The agency must obtain certain information and reports in respect of the prospective adopter and prepare a written report (regulation 25 and Schedule 4). The prospective adopter's case must be submitted to the adoption panel who must make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child (regulation 26). The agency must then make a decision about whether the prospective adopter is suitable to adopt a child (regulation 27). Regulation 29 makes provision for the review and termination of a prospective adopter's approval.

Part 5 makes provision in relation to the duties of the agency in respect of the placement of a child with a prospective adopter. The agency must provide the prospective adopter with the child's permanence report and meet with him to discuss the proposed placement (regulation 31). The proposed placement must be referred to the adoption panel who must consider the proposed placement and make a recommendation to the agency as to whether the child should be placed for adoption with the particular prospective adopter and the agency must take into account that recommendation when coming to its decision (regulations 32 and 33).

Part 6 makes provision in relation to placements and reviews. Regulation 36 provides that the agency must provide the prospective adopter with a placement plan (which must cover the matters specified in Schedule 5) and before the child is placed for adoption send certain information to the persons specified in regulation 35(6). Regulation 36 imposes a duty on the agency to carry out reviews. Regulation 37 requires an agency to appoint an independent reviewing officer. Regulation 38 makes provision in relation to what is to happen when a parent withdraws consent given under section 19 or 20 of the Act.

Part 7 makes general provision in relation to case records.

Part 8 makes miscellaneous provision including modifications to provisions in the Children Act 1989.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk.ria/.