The Adoption Agencies Regulations 2005

[F1 Stage 1 – the pre-assessment process E+W

Textual Amendments

F1 Pt. 4 substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 5

Registration of interest in adoption E+W

21.   Regulations 22 to 27 apply when a person has notified an adoption agency that they want to adopt a child and the agency has notified that person that it has decided to proceed with the pre-assessment process in respect of that person.

Prospective adopter stage one plan E+W

22.   The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter stage one plan”) which includes the following matters—

(a) information about the counselling, information and preparation for adoption to be provided under regulation 24;

(b) the procedure for carrying out police checks under regulation 25;

(c) details of any training that the prospective adopter has agreed to undertake;

(d) information about the role of the prospective adopter in the stage one process;

(e) any applicable timescales;

(f) information about the process for making a representation (including a complaint) under the 1989 Regulations; and

(g) any other information that the agency considers relevant.

Prospective adopter’s case record E+W

23.— (1) The adoption agency must set up a case record in respect of the prospective adopter (“the prospective adopter’s case record”) and place on that case record—

(a) the prospective adopter stage one plan;

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

(c) the prospective adopter assessment plan;

(d) the prospective adopter’s report and the prospective adopter’s observations on that report;

(e) the written record of the proceedings of the adoption panel under regulation 30A (and where applicable regulation 30B(8)), its recommendation, the reasons for the recommendation and any advice given by the panel to the agency;

(f) the record of the agency’s decision under regulation 30B(1), (6) or as the case may be (9);

(g) where the prospective adopter applied to the Secretary of State for a review by an independent review panel the recommendation of that review panel;

(h) where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report;

(i) the prospective adopter matching plan; and

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

(2) The adoption agency may ask the prospective adopter to provide any further information the agency may reasonably require.

Requirement to provide counselling, information and preparation for adoption E+W

24.— (1) The adoption agency must—

(a) provide a counselling service for the prospective adopter;

(b) in a section 83 case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, adopting a child from the country from which the prospective adopter wishes to adopt;

(c) in any other case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, placement for adoption and adoption;

(d) provide the prospective adopter with any information and any training materials relating to adopting a child available for use; and

(e) make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.

(2) In paragraph (1)(e) “preparation for adoption” includes the provision of information to the prospective adopter about—

(a) the age range, sex, likely needs and background of children who may be placed for adoption by the adoption agency;

(b) the significance of adoption for a child and the child’s family;

(c) contact between a child and the child’s parent or guardian or other relatives where a child is authorised to be placed for adoption or is adopted;

(d) the skills which are necessary for an adoptive parent;

(e) the adoption agency’s procedures in relation to the assessment of a prospective adopter and the placement of a child for adoption; and

(f) the procedure in relation to placement for adoption and adoption.

Modifications etc. (not altering text)

C1 Reg. 24(1)(a) applied by S.I. 2005/392, reg. 14(1) (as amended (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(5))

Requirement to carry out police checks E+W

25.— (1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, the adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).

(2) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a) has been convicted of a specified offence committed at the age of 18 or over; or

(b) has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted.

(3) In paragraph (2) “specified offence” means—

(a) an offence against a child;

(b) an offence specified in Part 1 of Schedule 3;

(c) an offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16;

(d) any other offence involving bodily injury to a child, other than an offence of common assault or battery,

and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Courts Services Act 2000 except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was 13 or over at the time the offence was committed.

(4) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a) has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 3 committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted; or

(b) falls within paragraph 2 or 3 of Part 2 of Schedule 3,

notwithstanding that the offences specified in Part 2 of Schedule 3 have been repealed.

(5) Where an adoption agency becomes aware that a prospective adopter or a member of the prospective adopter’s household falls within paragraph (2) or (4), the agency must notify the prospective adopter as soon as possible in writing that they cannot be considered suitable to adopt a child.

Other pre-assessment information E+W

26.   The adoption agency must—

(a) obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4;

(b) [F2 subject to regulation 27(1A),] obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination which must include the matters specified in Part 2 of Schedule 4 unless the agency has received advice from its medical adviser that such an examination and report is unnecessary;

(c) obtain a written report of each of the interviews with the persons nominated by the prospective adopter to provide personal references for the prospective adopter;

(d) where the adoption agency considers it necessary, obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner; and

(e) where it is not the local authority in whose area the prospective adopter has their home ascertain whether the local authority in whose area the prospective adopter has their home have any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information.

Textual Amendments

F2 Words in reg. 26(b) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(2) (with reg. 8)

Pre-assessment decision E+W

27.— (1) The adoption agency must, taking into account the information obtained under regulations 25 and 26, decide whether—

(a) the prospective adopter may be suitable to adopt a child; or

(b) that the prospective adopter is not suitable to adopt a child.

[F3 (1A) The adoption agency may make a decision under paragraph (1) even if the information requested under regulation 26(b) has yet to be obtained.

(1B) The adoption agency must keep a record of any decision made in accordance with paragraph (1A).]

(2) Subject to paragraph (3), the agency must make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that they had decided to proceed with the pre-assessment process in accordance with regulation 21.

(3) The adoption agency may delay making the decision under paragraph (1)—

(a) where it is satisfied there are good reasons because, for example, there has been a delay in obtaining information about the prospective adopter; or

(b) upon the request of the prospective adopter.

(4) Where the adoption agency decides that the prospective adopter may be suitable to adopt a child the agency must—

(a) as soon as practicable, notify in writing the prospective adopter of its decision; and

(b) explain to the prospective adopter that they must notify the adoption agency that they wish to continue with the assessment process within six months of the date on which the notification is given.

(5) Where the adoption agency decides that the prospective adopter is not suitable to adopt a child the agency must as soon as practicable after making the decision notify the prospective adopter in writing of its decision together with reasons for its decision.]

Textual Amendments

F3 Reg. 27(1A)(1B) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(3) (with reg. 8)