The Adoption Agencies Regulations 2005

Reviews E+W

36.—(1) Where an adoption agency is authorised to place a child for adoption but the child is not for the time being placed for adoption the agency must carry out a review of the child's case—

(a) not more than 3 months after the date on which the agency first has authority to place; and

(b) thereafter not more than 6 months after the date of the previous review (“6 months review”),

until the child is placed for adoption.

(2) Paragraphs (3) and (4) apply where a child is placed for adoption.

(3) The adoption agency must carry out a review of the child's case—

(a) not more than 4 weeks after the date on which the child is placed for adoption (“the first review”);

(b) not more than 3 months after the first review; and

(c) thereafter not more than 6 months after the date of the previous review,

unless the child is returned to the agency by the prospective adopter or an adoption order is made.

(4) The adoption agency must—

(a) ensure that the child and the prospective adopter are visited within one week of the placement and thereafter at least once a week until the first review and thereafter at such frequency as the agency decides at each review;

(b) ensure that written reports are made of such visits; and

(c) provide such advice and assistance to the prospective adopter as the agency considers necessary.

(5) When carrying out a review the adoption agency must consider each of the matters set out in paragraph (6) and must, so far as is reasonably practicable, ascertain the views of—

(a) the child, having regard to his age and understanding;

(b) if the child is placed for adoption, the prospective adopter; and

(c) any other person the agency considers relevant,

in relation to such of the matters set out in paragraph (6) as the agency considers appropriate.

(6) The matters referred to in paragraph (5) are—

(a) whether the adoption agency remains satisfied that the child should be placed for adoption;

(b) the child's needs, welfare and development, and whether any changes need to be made to meet his needs or assist his development;

(c) the existing arrangements for contact, and whether they should continue or be altered;

(d) F1 ..., the arrangements in relation to the exercise of parental responsibility for the child, and whether they should continue or be altered;

(e) [F2 where the child is placed for adoption], the arrangements for the provision of adoption support services for the adoptive family and whether there should be any re-assessment of the need for those services;

(f) in consultation with the appropriate agencies, the arrangements for assessing and meeting the child's health care and educational needs;

(g) subject to paragraphs (1) and (3), the frequency of the reviews.

(7) Where the child is subject to a placement order and has not been placed for adoption at the time of the first 6 months review, the local authority must at that review—

(a) establish why the child has not been placed for adoption and consider what further steps the authority should take in relation to the placement of the child for adoption; and

(b) consider whether it remains satisfied that the child should be placed for adoption.

(8) The adoption agency must, so far as is reasonably practicable, notify—

(a) the child, where the agency considers he is of sufficient age and understanding;

(b) the prospective adopter; and

(c) any other person whom the agency considers relevant,

of F3 ... any decision taken by the agency in consequence of that review.

(9) The adoption agency must ensure that—

(a) the information obtained in the course of a review or visit in respect of a child's case including the views expressed by the child;

(b) the details of the proceedings of any meeting arranged by the agency to consider any aspect of the review of the case; and

(c) details of any decision made in the course of or as a result of the review,

are recorded in writing and placed on the child's case record.

(10) Where the child is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the agency must conduct a review of the child's case no earlier than 28 days, or later than 42 days, after the date on which the child is returned to the agency and when carrying out that review the agency must consider the matters set out in paragraph (6)(a), (b), (c) and (f).

Textual Amendments

F1 Words in reg. 36(6)(d) omitted (30.12.2005) by virtue of The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(i)

F2 Words in reg. 36(6)(e) inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(ii)

F3 Words in reg. 36(8) omitted (30.12.2005) by virtue of The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(iii)