Adoption Act 1976

The Adoption Service E+W

1 Establishment of Adoption Service. E+W

(1) It is the duty of every local authority to establish and maintain within their area a service designed to meet the needs, in relation to adoption, of—

(a) children who have been or may be adopted,

(b) parents and guardians of such children, and

(c) persons who have adopted or may adopt a child,

and for that purpose to provide the requisite facilities, or secure that they are provided by approved adoption societies.

(2) The facilities to be provided as part of the service maintained under subsection (1) include—

(a) temporary board and lodging where needed by pregnant women, mothers or children;

(b) arrangements for assessing children and prospective adopters, and placing children for adoption;

(c) counselling for persons with problems relating to adoption.

(3) The facilities of the service maintained under subsection (1) shall be provided in conjunction with the local authority’s other social services and with approved adoption societies in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.

(4) The services maintained by local authorities under subsection (1) may be collectively referred to as “the Adoption Service”, and a local authority or approved adoption society may be referred to as an adoption agency.

2 Local authorities’ social services. E+W

The social services referred to in section 1(3) are the functions of a local authority which stand referred to the authority’s social services committee, including, in particular but without prejudice to the generality of the foregoing, a local authority’s functions [F1 relating to—

(a) the promotion of the welfare of children by diminishing the need to receive children into care or keep them in care, including (in exceptional circumstances) the giving of assistance in cash;

(b) the welfare of children in the care of a local authority;]

[F1 (a) under the Children Act 1989, relating to family assistance orders, local authority support for children and families, care and supervision and emergency protection of children, community homes, voluntary homes and organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children and children accommodated by health authorities [F2 National Health Service trusts] and local education authorities or in residential care, nursing or mental nursing homes or in independent schools; and

(b) under the M1 National Health Service Act M2 1977, relating to the provision of care for expectant and nursing mothers.]

[F1 (c) the welfare of children who are foster children within the meaning of [F3 the M3 Foster Children Act 1980]];

(d) children who are subject to supervision orders made in matrimonial proceedings;

(e) the provision of residential accommodation for expectant mothers and young children and of day-care facilities;

(f) the regulation and inspection of nurseries and child minders;

(g) care and other treatment of children through court proceedings.

Textual Amendments

F1 S. 2(a)(b) commencing “(a) under the Children Act 1989” substituted (prosp.) for words in s. 2 commencing “relating to” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 1 (with Sch. 14 para. 1(1))

F2 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 17

F3 Words substituted by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I

Marginal Citations

M1 1977 c.49(113:2).

M2 1977 c.49(113:2).

M3 1980 c. 6(20).