4AAdoption support services: personal budgets

1

This section applies where—

a

after carrying out an assessment under section 4, a local authority in England decide to provide any adoption support services to a person (“the recipient”), and

b

the recipient is an adopted person or the parent of an adopted person.

2

The local authority must prepare a personal budget for the recipient if asked to do so by the recipient or (in prescribed circumstances) a person of a prescribed description.

3

The authority prepare a “personal budget” for the recipient if they identify an amount as available to secure the adoption support services that they have decided to provide, with a view to the recipient being involved in securing those services.

4

Regulations may make provision about personal budgets, in particular—

a

about requests for personal budgets;

b

about the amount of a personal budget;

c

about the sources of the funds making up a personal budget;

d

for payments (“direct payments”) representing all or part of a personal budget to be made to the recipient, or (in prescribed circumstances) a person of a prescribed description, in order to secure any adoption support services to which the budget relates;

e

about the description of adoption support services to which personal budgets and direct payments may (and may not) relate;

f

for a personal budget or direct payment to cover the agreed cost of the adoption support services to which the budget or payment relates;

g

about when, how, to whom and on what conditions direct payments may (and may not) be made;

h

about when direct payments may be required to be repaid and the recovery of unpaid sums;

i

about conditions with which a person or body making direct payments must comply before, after or at the time of making a direct payment;

j

about arrangements for providing information, advice or support in connection with personal budgets and direct payments.

5

If the regulations include provision authorising direct payments, they must—

a

require the consent of the recipient, or (in prescribed circumstances) a person of a prescribed description, to be obtained before direct payments are made;

b

require the authority to stop making direct payments where the required consent is withdrawn.

6

Any adoption support services secured by means of direct payments made by a local authority are to be treated as adoption support services provided by the authority for all purposes, subject to any prescribed conditions or exceptions.

7

On the occasion of the first exercise of the power to make regulations under this section—

a

the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and

b

accordingly section 140(2) does not apply to the instrument.

8

In this section “prescribed” means prescribed by regulations.