2005 No. 3341
The Voluntary Adoption Agencies (Amendment) Regulations 2005
Made
Laid before Parliament
Coming into force
The Secretary of State for Education and Skills and the National Assembly for Wales, acting jointly, in exercise of powers conferred by sections 9(1)(a) and 140(7) and (8) of the Adoption and Children Act 20021, make the following Regulations:–
Citation and commencement1
These Regulations may be cited as the Voluntary Adoption Agencies (Amendment) Regulations 2005 and shall come into force on 30th December 2005.
Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 20032
1
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 20032 are amended as follows.
2
In regulation 1(2) (interpretation)—
a
for the definition of “agency” substitute—
“agency” means a registered adoption society3;
b
insert in the appropriate places—
“2002 Act” means the Adoption and Children Act 2002;
3
In regulations 10(1)(a)(ii) (arrangements for the protection of children), 13(b)(ii) (staffing of agency) and 19(3) (notifiable events - definition of “approved by the agency”) for “Adoption Agencies Regulations 1983” substitute “Adoption Agencies Regulations 20056 or the Adoption Agencies (Wales) Regulations 20057”.
4
There is inserted after Part 4, the Part 4A set out in the Schedule to these Regulations.
5
In Schedule 1 (information to be included in statement of purpose) insert after paragraph 7—
7A
Where an agency may provide adoption support services a description of the adoption support services provided by the agency and the procedure for assessing needs for adoption support services.
6
In Schedule 3 (staff records) insert after paragraph 5—
5A
Where an agency may provide adoption support services, qualifications relevant to, and experience of, working with adults and children receiving adoption support services.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.
SCHEDULE
PART 4APROVISION OF ADOPTION SUPPORT SERVICES
Application of this Part24A
This Part shall apply where an agency may provide adoption support services.
Statement of purpose24B
Regulation 3 shall have effect as if there were added at the end of paragraph (3)—
f
any person receiving adoption support services from the agency or acting on behalf of a child receiving such services from the agency;
g
any person making enquiries about receiving adoption support services from the agency on his own or a child’s behalf
Children’s guide24C
1
Where adoption support services are provided by the agency to children the registered provider and the manager shall produce a written guide about the provision of adoption support services by the agency (“children’s guide”) which shall include—
a
a summary of the agency’s statement of purpose;
b
a summary of the complaints procedure; and
c
the address and telephone number of the registration authority.
2
The children’s guide shall be produced in a form appropriate to the age, understanding and communication needs of the children to whom the agency provides adoption support services.
3
The registered provider and the manager shall provide a copy of the children’s guide to the registration authority, to any adult acting on behalf of a child to whom the agency provides adoption support services and (subject to his age and understanding) to each such child.
4
The registered provider shall—
a
keep under review and, where appropriate, revise the children’s guide;
b
notify the persons referred to in regulation 4(b) of any such revision within 28 days of making the revision; and
c
if the children’s guide is revised, supply a copy to any adult acting on behalf of a child to whom the agency provides adoption support services and (subject to his age and understanding) to each such child.
Registered provider etc. – general requirements24D
Regulation 8 shall have effect as if there were added—
a
at the end of paragraph (1)(b) “and”; and
b
after paragraph (1)(b)—
c
the number and needs of those receiving adoption support services,
Arrangements for the protection of children24E
Regulation 10 shall have effect as if—
a
in paragraph (1)(a) after “children” there were inserted “receiving adoption support services from the agency or”; and
b
in paragraph (2)(g) after “by the agency” there were inserted “and adults and children to whom the agency provides adoption support services,”.
Provision of services24F
The registered provider, the manager and, in relation to any branch, the branch manager, shall ensure that adoption support services provided to any person are appropriate having regard to the needs for such services identified by an assessment carried out by the agency or by a local authority.
Records with respect to services24G
1
The registered provider, the manager and, in relation to any branch, the branch manager, shall maintain records indicating in respect of each person to whom the agency provides adoption support services—
a
full name;
b
date of birth;
c
whether he is an adoptive child or an adopted person who has attained the age of 18 or, if not, his relationship to an adoptive child or adopted person;
d
description of services requested;
e
description of needs as assessed by the agency or a local authority;
f
description of services provided;
g
whether the services are provided on behalf of a local authority by virtue of section 3(4)(a) of the 2002 Act.
2
The records specified in paragraph (1) shall be retained for such period as the registered provider considers appropriate.
3
In this regulation “adoptive child”—
a
in relation to an agency where the registration authority is the Commission has the same meaning as in the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 20058; and
b
in relation to an agency where the registration authority is the Assembly has the same meaning as in the Adoption Support Agencies (Wales) Regulations 20059.
Complaints24H
Regulation 11 shall have effect as if—
a
at the end of paragraph (1) there were added—
d
any person to whom the agency is providing or has provided adoption support services or to whom the agency has refused to provide such services
b
in paragraph (3) for “paragraph (1)(a) to (c)” there were substituted “paragraph (1)(a) to (d)”.
Staffing24I
1
Regulation 13(b) (staffing of agency) shall have effect as if after “children” there were inserted “provided with adoption support services or”.
2
Regulation 14(2) (fitness of workers) shall have effect as if after “adoption” there were inserted “or provided with adoption support services”.
Staff disciplinary procedure24J
Regulation 16 shall have effect as if—
a
in paragraph (1)(a) and (b) after “placed for adoption by” there were inserted “, or receiving adoption support services from,”; and
b
in paragraph (2)(f) for “is placed for adoption” there were substituted “is living”.
Notifiable events24K
1
Regulation 19 shall have effect as if there were added after paragraph (1)—
1A
The agency must notify—
a
the persons specified in paragraph (1B) where a child has died or sustained serious injury in the course of receiving adoption support services; and
b
where the registration authority is the Commission, the Secretary of State of the death of a child in those circumstances.
1B
The persons are—
a
the registration authority;
b
the Primary Care Trust or Local Health Board10 in whose area the child who has died or sustained serious injury in the course of receiving adoption support services was living at the time of the incident;
c
the local authority in whose area the agency is situated and any other local authority on behalf of whom the agency is providing adoption support services to that child by virtue of section 3(4)(a) of the 2002 Act
(This note is not part of the Regulations)