Adoption and Children Act 2002

10 Management etc. of agencies E+W

(1) In relation to local authorities, voluntary adoption agencies and adoption support agencies, regulations under section 9 may make provision as to—

(a) the persons who are fit to work for them for the purposes of the functions mentioned in section 9(1),

(b) the fitness of premises,

(c) the management and control of their operations,

(d) the number of persons, or persons of any particular type, working for the purposes of those functions,

(e) the management and training of persons working for the purposes of those functions,

(f) the keeping of information.

(2) Regulations made by virtue of subsection (1)(a) may, in particular, make provision for prohibiting persons from working in prescribed positions unless they are registered in, or in a particular part of [F1 —

(a) the register of social workers in England maintained under section 39 of the Children and Social Work Act 2017,

(b) any register of social care workers in England maintained under an Order in Council under section 60 of the Health Act 1999 or any register maintained under such an Order in Council so far as relating to social care workers in England, or

(c) the register maintained under][F2 section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)] (registration of social care workers).

(3) In relation to voluntary adoption agencies and adoption support agencies, regulations under section 9 may—

(a) make provision as to the persons who are fit to manage an agency, including provision prohibiting persons from doing so unless they are registered in, or in a particular part of, one of the registers referred to in subsection (2),

(b) impose requirements as to the financial position of an agency,

(c) make provision requiring the appointment of a manager,

(d) in the case of a voluntary adoption agency, make provision for securing the welfare of children placed by the agency, including provision as to the promotion and protection of their health,

(e) in the case of an adoption support agency, make provision as to the persons who are fit to carry on the agency.

(4) Regulations under section 9 may make provision as to the conduct of voluntary adoption agencies and adoption support agencies, and may in particular make provision—

(a) as to the facilities and services to be provided by an agency,

(b) as to the keeping of accounts,

(c) as to the notification to the registration authority of events occurring in premises used for the purposes of an agency,

(d) as to the giving of notice to the registration authority of periods during which the manager of an agency proposes to be absent, and specifying the information to be given in such a notice,

(e) as to the making of adequate arrangements for the running of an agency during a period when its manager is absent,

(f) as to the giving of notice to the registration authority of any intended change in the identity of the manager,

(g) as to the giving of notice to the registration authority of changes in the ownership of an agency or the identity of its officers,

(h) requiring the payment of a prescribed fee to the registration authority in respect of any notification required to be made by virtue of paragraph (g),

(i) requiring arrangements to be made for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided by an agency and requiring the agency or manager to take steps for publicising the arrangements.

Textual Amendments

F1 Words in s. 10(2) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 28(1) (with Sch. 5 para. 28(2)); S.I. 2019/1436, reg. 2(s)

F2 Words in s. 10(2) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 46; S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Commencement Information

I1 S. 10 in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)

I2 S. 10 in force at 7.12.2004 for E. by S.I. 2004/3203, art. 2(1)(d)