The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014

Amendment of the Adoption Agencies Regulations 2005

5.  After regulation 12 insert—

“Requirement to identify potential prospective adopters

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.

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

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)(1) of that Act.”.

(1)

Section 22C was inserted into the Act by section 8(1) of the Children and Young Persons Act 2008 (c.23) and sub section 22C(9B)(c) was inserted by section 2 of the Children and Families Act 2014.