The Adoption Support Services (Amendment) Regulations 2014

Amendment of the Adoption Support Services Regulations 2005

4.  After regulation 2 insert—

“Part 1A Provision of Information

Provision of information

2A.— (1) In addition to the information specified in section 4B(2)(a) to (c) of the Act, a local authority must provide the following information to the persons listed in section 4B(1) of that Act:

(a) the address and phone number of the local authority’s adoption support services adviser appointed under regulation 6;

(b) the address and phone number of the web based information service supported and funded by the Department for Education to provide information to the public about adoption and the adoption process in England;

(c) information about the availability of assessments for adoption support services for persons who are outside the area of the local authority;

(d) where appropriate, information about priority in school admissions for looked after children (including those placed for adoption) and adopted children as set out in the School Admissions Code issued under section 84 of the School Standards and Framework Act 1998(1);

(e) information about the right to make a representation (including a complaint) under the Children Act 1989 Representations Procedure (England) Regulations 2006(2);

(f) information about the procedure under section 26B of the Local Government Act 1974(3), for making a complaint to the Local Government Ombudsman; and

(g) information about any other relevant services provided by the local authority.

(2) A local authority must also provide the following information to the persons listed in section 4B(1)(a) and (b) of the Act—

(a) details of where to find information about statutory adoption pay and statutory adoption leave; and

(b) information about a prospective adopter’s right to receive the child’s permanence report (prepared in accordance with regulation 17 of the Adoption Agencies Regulations 2005(4)), including a summary of the medical adviser’s report on the health of the child, in accordance with regulation 31 those Regulations.

Circumstances in which information need not be provided

2B.— (1) A local authority are not required to provide information specified in, or prescribed under, section 4B(2) of the Act to a person who—

(a) has already received that information from the local authority within the preceding twelve months and the information has not changed substantively in that time, or

(b) has informed the local authority that they do not want to receive that information,

unless the local authority are satisfied that there are valid reasons for providing the information.

(2) Where—

(a) a person listed in section 4B(1)(a) of the Act makes a request for information about adopting a child, or

(b) a person listed in section 4B(1)(d) of the Act makes a request for any of the information listed in section 4B(2) of the Act,

and the local authority refuses that request, the local authority must give that person reasons for their refusal.

(3) Where a person within the local authority’s area who is a parent of an adopted child requests any information listed in section 4B(2) of the Act and that information is about a particular adoption support service, the local authority must—

(a) ask that person if they would like any of the other information listed in section 4B(2) of the Act and regulation 2A, and

(b) if appropriate, only provide information about the particular adoption support service requested.”.

(1)

1998 c.31. Section 84 was amended by Schedule 4 and 22 to the Education Act 2002 (c.32), section 40(1) to (7) of the Education and Inspections Act 2006 (c.40), section 43(1) and (2) of the Apprenticeships, Skills, Children and Learning Act 2009 c.22 and S.I. 2010/1158.

(2)

S.I. 2006/1738, amended by S.I. 2013/985.

(3)

1974 c.7 Section 26B was inserted by section 174(1) of the Local Government and Public Involvement in Health Act 2007 (c.28).

(4)

S.I. 2005/389; amended by S.I. 2005/3482, 2007/603, 2009/1892, 2009/1895, 2010/1172, 2011/589, 2012/1410, 2013/235, 2013/985 and 2014/852.