The Voluntary Adoption Agencies (Amendment) Regulations 2005

Regulation 2(4)

SCHEDULE

“PART 4A PROVISION OF ADOPTION SUPPORT SERVICES

Application of this Part

24A.   This Part shall apply where an agency may provide adoption support services.

Statement of purpose

24B.   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 guide

24C.— (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 requirements

24D.   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 children

24E.   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 services

24F.   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 services

24G.— (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 2005(1); 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 2005(2).

Complaints

24H.   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”; and

(b) in paragraph (3) for “paragraph (1)(a) to (c)” there were substituted “paragraph (1)(a) to (d)”.

Staffing

24I.— (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 procedure

24J.   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 events

24K.— (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 Board(3) 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”.”

(1)

S.I. 2005/2720.

(2)

S.I. 2005/1514 (W.118).

(3)

Local Health Boards are established under the National Health Service Act 1977, section 16B (c.49), and Primary Care Trusts are established under section 16A of that Act; those sections were inserted by the Health Act 1999, section 2 (c.8). Section 16A was amended by the National Health Service Reform and Health Care Professions Act 2002, section 2(1) to (3) (c.17); section 16B was amended by that Act, Schedule 1, paragraphs 1 and 4 and Schedule 5, paragraphs 4 and 6, and by the Health and Social Care (Community Health and Standards) Act 2003, section 182(1) (c.43).