The Adoption Agencies Regulations 2005

PART 3 E+W DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

Application of regulations 11 to 17 E+W

11.  Regulations [F1 12] to 17 apply where the adoption agency is considering adoption for a child.

Textual Amendments

F1 Word in reg. 11 substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(e)

Requirement to open the child's case record E+W

12.—(1) The adoption agency must set up a case record (“ the child's case record”) in respect of the child and place on it—

(a) the information and reports obtained by the agency by virtue of this Part;

(b) the child's permanence report;

(c) [F2 where applicable,] the written record of the proceedings of the adoption panel under regulation 18, its recommendation and the reasons for its recommendation and any advice given by the panel to the agency;

(d) the record of the agency's decision and any notification of that decision under regulation 19;

(e) any consent to placement for adoption under section 19 of the Act (placing children with parental consent);

(f) any consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

(g) any form or notice withdrawing consent under section 19 or 20 of the Act or notice under section 20(4)(a) or (b) of the Act;

(h) a copy of any placement order M1 in respect of the child; and

(i) any other documents or information obtained by the agency which it considers should be included in that case record;

[F3 (j) details of any prospective adopters for the child identified by virtue of regulation 12A(1) (requirement to identify potential prospective adopters); and

(k) the record of any decision notified under regulation 12B (duties of adoption agency when child to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989) and any notification of that decision under regulation 22A of the 2010 Regulations].

(2) Where an adoption agency places on the child's case record a notice under section 20(4)(a) or (b) of the Act, the agency must send a copy of that notice to a court which has given the agency notice of the issue of an application for an adoption order.

Textual Amendments

F2 Words in reg. 12(1)(c) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 4

F3 Reg. 12(1)(j)(k) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 4

Marginal Citations

M1 See section 21 of the Act.

[F4 Requirement to identify potential prospective adopters E+W

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.]

Textual Amendments

F4 Regs. 12A, 12B inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 5

[F4 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 E+W

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) of that Act.]

Textual Amendments

F4 Regs. 12A, 12B inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 5

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child E+W

13.—(1) The adoption agency must, so far as is reasonably practicable—

(a) provide a counselling service for the child;

(b) explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, adoption for the child and provide him with appropriate written information about these matters; and

(c) ascertain the child's wishes and feelings regarding—

(i) the possibility of placement for adoption with a new family and his adoption;

(ii) his religious and cultural upbringing; and

(iii) contact with his parent or guardian or other relative or with any other person the agency considers relevant.

(2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements of that paragraph have been carried out in respect of the child by another adoption agency.

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others E+W

14.—(1) The adoption agency must, so far as is reasonably practicable—

(a) provide a counselling service for the parent or guardian of the child;

(b) explain to him—

(i) the procedure in relation to both placement for adoption and adoption;

(ii) the legal implications of—

(aa) giving consent to placement for adoption under section 19 of the Act;

(bb) giving consent to the making of a future adoption order under section 20 of the Act; and

(cc) a placement order; and

(iii) the legal implications of adoption,

[F5 (iv) the legal implications of a child being placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also a prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.]

and provide him with written information about these matters; and

(c) ascertain the wishes and feelings of the parent or guardian of the child and, of any other person the agency considers relevant, regarding—

(i) the child;

(ii) the placement of the child for adoption and his adoption, including any wishes and feelings about the child's religious and cultural upbringing; and

(iii) contact with the child if the child is authorised to be placed for adoption or the child is adopted.

(2) Paragraph (1) does not apply if the agency is satisfied that the requirements of that paragraph have been carried out in respect of the parent or guardian and any other person the agency considers relevant by another adoption agency.

(3) This paragraph applies where the father of the child does not have parental responsibility for the child and the father's identity is known to the adoption agency.

(4) Where paragraph (3) applies and the adoption agency is satisfied it is appropriate to do so, the agency must—

(a) carry out in respect of the father the requirements of paragraph (1)(a), (b)(i)[F6 , (iii) and (iv)] and (c) as if they applied to him unless the agency is satisfied that the requirements have been carried out in respect of the father by another agency; and

(b) ascertain so far as possible whether the father—

(i) wishes to acquire parental responsibility for the child under section 4 of the 1989 Act (acquisition of parental responsibility by father)M2 [F7 , or paragraph 4ZA of the 1989 Act (acquisition of parental responsibility by second female parent)]; or

(ii) intends to apply for a [F8 child arrangements] order with respect to the child under section 8 of the 1989 Act ([F9 child arrangements orders] and other orders with respect to children) or, where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact etc. with children in care).

Textual Amendments

F5 Reg. 14(1)(b)(iv) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(a)

F6 Words in reg. 14(4)(a) substituted (25.7.2014) by virtue of The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(b)

F7 Words in reg. 14(4)(b)(i) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 13 (with Sch. 4)

F8 Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(a)

F9 Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(b)

Modifications etc. (not altering text)

C1 Reg. 14 applied (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 37

Marginal Citations

M2 Section 4 was amended by section 111 of the Act.

Requirement to obtain information about the child E+W

15.—(1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child which is specified in Part 1 of Schedule 1.

(2) Subject to paragraph (4), the adoption agency must—

(a) make arrangements for the child to be examined by a registered medical practitioner; and

(b) obtain from that practitioner a written report (“the child's health report”) on the state of the child's health which shall include any treatment which the child is receiving, any need for health care and the matters specified in Part 2 of Schedule 1,

unless the agency has received advice from the medical adviser that such an examination and report is unnecessary.

(3) Subject to paragraph (4), the adoption agency must make arrangements—

(a) for such other medical and psychiatric examinations of, and other tests on, the child to be carried out as are recommended by the agency's medical adviser; and

(b) for written reports of such examinations and tests to be obtained.

(4) Paragraphs (2) and (3) do not apply if the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests.

Requirement to obtain information about the child's family E+W

16.—(1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child's family which is specified in Part 3 of Schedule 1.

(2) The adoption agency must obtain, so far as is reasonably practicable, the information about the health of each of the child's natural parents and his brothers and sisters (of the full blood or half-blood) which is specified in Part 4 of Schedule 1.

Requirement to prepare child's permanence report F10 ... E+W

17.—(1) The adoption agency must prepare a written report (“the child's permanence report”) which shall include—

(a) the information about the child and his family as specified in Parts 1 and 3 of Schedule 1;

(b) a summary, written by the agency's medical adviser, of the state of the child's health, his health history and any need for health care which might arise in the future;

(c) the wishes and feelings of the child regarding the matters set out in regulation 13(1)(c);

(d) the wishes and feelings of the child's parent or guardian, and where regulation 14(4)(a) applies, his father, and any other person the agency considers relevant, regarding the matters set out in regulation 14(1)(c);

(e) the views of the agency about the child's need for contact with his parent or guardian or other relative or with any other person the agency considers relevant and the arrangements the agency proposes to make for allowing any person contact with the child;

(f) an assessment of the child's emotional and behavioural development and any related needs;

(g) an assessment of the parenting capacity of the child's parent or guardian and, where regulation 14(4)(a) applies, his father;

(h) a chronology of the decisions and actions taken by the agency with respect to the child;

(i) an analysis of the options for the future care of the child which have been considered by the agency and why placement for adoption is considered the preferred option; and

(j) any other information which the agency considers relevant.

[F11 (2) In a case where—

(a) the adoption agency is a local authority and is considering whether the child ought to be placed for adoption, and

(b) either paragraph (2A) or paragraph (2B) applies,

the adoption agency may not refer the case to the adoption panel.

(2A) This paragraph applies where—

(a) the child is placed for adoption by the adoption agency or is being provided with accommodation by them,

(b) no adoption agency is authorised to place the child for adoption, and

(c) the child has no parent or guardian, or the agency consider that the conditions in section 31(2) of the 1989 Act are met in relation to the child.]

[F11 (2B) This paragraph applies where—

(a) an application has been made, and has not been disposed of, on which a care order might be made in respect of the child, or

(b) the child is subject to a care order and the adoption agency are not authorised to place the child for adoption.]

[F11 (2C) In a case not falling within paragraph (2), the adoption agency must send the information and reports referred to in paragraph (2D) to the adoption panel.]

[F11 (2D) For the purposes of paragraph (2C) and regulation 19(1A) the information and reports are—

(i) the child’s permanence report,

(ii) the child’s health report and any other reports referred to in regulation 15, and

(iii) the information relating to the health of each of the child’s natural parents,

except that, in a case falling within paragraph (2C), the adoption agency may only send to the adoption panel the documents referred to in subparagraphs (ii) and (iii) if the agency’s medical adviser advises it to do so.]

(3) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel and send that information to the panel.

Textual Amendments

F10 Words in reg. 17 heading omitted (1.9.2012) by virtue of The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 5(a)

F11 Reg. 17(2)-(2D) substituted for reg. 17(2)(2A) (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 5(b) (with reg. 7)

Function of the adoption panel in relation to a child referred by the adoption agency E+W

18.—(1) The adoption panel must consider the case of every child referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption.

(2) In considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4)F12 ... and (6) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and—

(a) must consider and take into account the reports and any other information passed to it in accordance with regulation 17;

(b) may request the agency to obtain any other relevant information which the panel considers necessary; and

(c) must obtain legal advice in relation to the case.

(3) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption, it must consider and may at the same time give advice to the agency about—

(a) the arrangements which the agency proposes to make for allowing any person contact with the child; and

(b) where the agency is a local authority, whether an application should be made by the authority for a placement order in respect of the child.

Textual Amendments

F12 Words in reg. 18(2) omitted (25.7.2014) by virtue of The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 7

Adoption agency decision and notification E+W

19.—(1)  [F13 In any case falling within regulation 17(2C)] the adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption.

[F14 (1A) In any case falling within regulation 17(2) the adoption agency must take into account the information and reports referred to in regulation 17(2D), and any other relevant information, in coming to a decision about whether the child ought to be placed for adoption.]

(2) No member of the adoption panel [F15 or person on the central list] shall take part in any decision made by the adoption agency under paragraph (1).

(3) The adoption agency must, if their whereabouts are known to the agency, notify in writing the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child of its decision.

Textual Amendments

F13 Words in reg. 19(1) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(a)

F14 Reg. 19(1A) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(b)

F15 Words in reg. 19(2) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(c)

[F16 Information to be provided for entry in Part 1 of the register E+W

19A— (1) Where an adoption agency—

(a) decides, in accordance with regulation 19, that a child should be placed for adoption, and

(b) has not identified particular prospective adopters with whom it is considering placing the child for adoption,

the agency must provide the information about the child listed in Schedule 1A to the Secretary of State for entry in Part 1 of the register, as defined in regulation 3(a) of the Adoption and Children Act Register Regulations 2014, as soon as possible and in any event no later than three months after that decision.

(2) Where an adoption agency becomes aware of any changes to the information provided under this regulation it must notify the Secretary of State of those changes as soon as is reasonably practicable.

(3) An adoption agency must notify the Secretary of State when the agency has decided to place a child under regulation 33.]

Textual Amendments

F16 Reg. 19A substituted (25.7.2014) by The Adoption and Children Act Register Regulations 2014 (S.I. 2014/1492), regs. 1, 9

Request to appoint an officer of the Service or a Welsh family proceedings officer E+W

20.  Where the parent or guardian of the child [F17 resides in England and Wales and] is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must request the CAFCASS to appoint an officer of the Service M3 or the National Assembly for Wales to appoint a Welsh family proceedings officer M4 for the purposes of the signification by that officer of the consent to placement or to adoption by that parent or guardian and send with that request the information specified in Schedule 2.

Textual Amendments

F17 Words in reg. 20 inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(h)

Marginal Citations

M3 See section 11(3) of the Criminal Justice and Courts Services Act 2000 (c. 43).

M4 See section 35(4) of the Children Act 2004 (c. 31).

[F18 20A.— (1) Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2.

(2) “Authorised person” for the purposes of this regulation means in relation to a form of consent executed—

(a) in Scotland, a Justice of the Peace or a Sheriff;

(b) in Northern Ireland, a Justice of the Peace;

(c) outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; a British Consular officer; a notary public; or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.]

Textual Amendments

F18 Reg. 20A inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(i)