The Adoption Agencies (Wales) (Amendment) Regulations 2020

Title, commencement and interpretation

1.—(1) The title of these Regulations is the Adoption Agencies (Wales) (Amendment) Regulations 2020.

(2) These Regulations come into force on 1 April 2020.

(3) In these Regulations, “the Principal Regulations” means the Adoption Agencies (Wales) Regulations 2005(1).

Amendment of the Principal Regulations

2.  The Principal Regulations are amended as follows.

3.  In regulation 2 (interpretation)—

(a) in the appropriate places insert—

““the 2014 Regulations” (“Rheoliadau 2014”) means the Representations Procedure (Wales) Regulations 2014(2);”;

““the Adoption Register for Wales” (“Cofrestr Fabwysiadu Cymru”) means the register containing information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child, which is established under section 60 of the Government of Wales Act 2006(3) and maintained on behalf of the Welsh Ministers;”;

““fostering services provider” (“darparwr gwasanaethau maethu”) has the meaning given in regulation 2 of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018(4);”;

““preparation for adoption” (“paratoad ar gyfer mabwysiadu”) has the meaning given in regulation 24;”;

““prospective adopter assessment plan” (“cynllun asesu darpar fabwysiadydd”) has the meaning given in regulation 29;”;

““prospective adopter matching plan” (“cynllun paru darpar fabwysiadydd”) has the meaning given in regulation 31;”;

““prospective adopter stage one plan” (“cynllun cam un darpar fabwysiadydd”) has the meaning given in regulation 22;”;

““prospective adopter’s report” (“adroddiad darpar fabwysiadydd”) has the meaning given in regulation 30(2);”;

““prospective adopter’s review report” (“adroddiad adolygu darpar fabwysiadydd”) has the meaning given in regulation 30D(5)(a);”;

(b) for the definition of “qualifying determination” substitute—

““qualifying determination” (“dyfarniad o gymhwyster”) has the meaning given in regulation 30B(5)(a);”.

4.  In regulation 16(2) (requirement to obtain information (including health information) about the child’s family), for “natural” substitute “birth”.

5.  In regulation 17 (requirement to prepare a written report)—

(a) in paragraph (2C), for “in (2D)” substitute “in paragraph (2D)”;

(b) in the Welsh language text, the existing paragraph (2D) is renumbered as paragraph (2CH) of that regulation;

(c) in paragraph (2D)(iii), for “natural” substitute “birth”.

6.  In the Welsh language text of regulation 19(1A) (adoption agency decision and notification), for “17(2D)” substitute “17(2CH)”.

7.  After regulation 19 insert—

“Referral to the Adoption Register for Wales - children

19A.— (1) Where an adoption agency—

(a) is authorised to place a child for adoption, and

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

the agency must provide details about the child to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and no later than one month after the date on which the agency was authorised to place the child for adoption.

(2) Where an adoption agency becomes aware of any changes to the details about the child, the agency must notify(5) the organisation which maintains the register of those changes as soon as reasonably practicable.

(3) In paragraph (1), “authorised to place a child for adoption” means either—

(a) authorised to place a child for adoption pursuant to parental consent under section 19 of the Act, or

(b) authorised to place a child for adoption pursuant to a placement order made pursuant to section 21(1) of the Act.”

8.  In regulation 20(1) (request to appoint a Welsh family proceedings officer or an officer of CAFCASS), after “parent or guardian of the child” insert “resides in England and Wales and”.

9.  After regulation 20 insert—

“Persons authorised to witness consent to placement for adoption

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.”

10.  For Part 4 substitute—

“PART 4 Duties of Adoption Agency in Respect of a Prospective Adopter

Stage 1 – the pre-assessment process

Registration of interest in adoption

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

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 2014 Regulations, and

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

Prospective adopter’s case record

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 held 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 Welsh Ministers 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 that the agency may reasonably require.

(3) Where paragraph (1) applies in relation to a couple, the assessment of their suitability to adopt a child must be considered jointly and the agency must set up a single case record.

Requirement to provide counselling, information and preparation for adoption

24.— (1) The adoption agency must—

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

(b) in a section 83 case(6), 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 available information and training materials relating to adopting a child, 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 birth parent or guardian, siblings and 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 perspective of the child and the child’s family on adoption,

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

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

Requirement to carry out police checks

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(7) 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 prospective adopter 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.

(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(8) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography)(9) 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(10), notwithstanding the repeal of that provision(11), except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child)(12) 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, 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 that they cannot be considered suitable to adopt a child.

Other pre-assessment information

26.   The adoption agency must—

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

(b) 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 such a report has been made within 6 months of the panel’s consideration of the case under regulation 30A and is available to the agency,

(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,

(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 has 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, and

(f) where the prospective adopter has their home in the local authority area for less than twelve months, also ascertain whether the local authority in whose area the prospective adopter previously had their home has 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.

Pre-assessment decision

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

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

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

(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 it 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 to do so 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 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 of its decision together with reasons for its decision.

Stage 2 – the assessment decision

Stage 2 assessment

28.— (1) Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process within six months from the date on which the agency notified the prospective adopter that they may be suitable to adopt under regulation 27(4).

(2) This paragraph applies where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process more than six months after being notified in accordance with regulation 27(4).

(3) Where paragraph (2) applies, the adoption agency must notify the prospective adopter that the prospective adopter may not proceed with the assessment process unless the pre-assessment process is repeated to the extent the adoption agency considers necessary to determine whether it continues to be satisfied that the prospective adopter may be suitable to adopt a child.

Prospective adopter assessment plan

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

(a) the procedure for assessing the prospective adopter’s suitability to adopt a child,

(b) any applicable timescales,

(c) the arrangements for the prospective adopter to receive any additional counselling or preparation for adoption,

(d) details of any training that the prospective adopter has agreed to undertake,

(e) information about the role of the prospective adopter in the assessment process,

(f) information about the process for submitting representations or applying to the Welsh Ministers for a review under regulation 30B(5)(c), and

(g) any other matters which the agency considers relevant.

Prospective adopter’s report

30.— (1) The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4.

(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a) the information about the prospective adopter and the prospective adopter’s family which is specified in Parts 1 and 3 of Schedule 4,

(b) a summary, written by the agency’s registered health practitioner, of the state of health of the prospective adopter,

(c) any relevant information obtained by the agency under regulation 26(e);

(d) any observations of the agency on the matters referred to in regulations 24 and 25,

(e) the agency’s assessment of the prospective adopter’s suitability to adopt a child, and

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

(3) In a section 83 case, the prospective adopter’s report must also include—

(a) the name of the country from which the prospective adopter wishes to adopt a child (“country of origin”),

(b) confirmation that the prospective adopter meets the eligibility requirements to adopt a child from the country of origin,

(c) any additional information obtained as a consequence of the requirements of the country of origin, and

(d) the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually resident outside the British Islands.

(4) Where the adoption agency receives information under paragraph (1) or other information in relation to the assessment of the prospective adopter which leads to the opinion that the prospective adopter is unlikely to be considered suitable to adopt a child, it may prepare the prospective adopter’s report under paragraph (2) notwithstanding that the agency may not have received all the information about the prospective adopter which may be required by this regulation.

(5) When the adoption agency has prepared the prospective adopter’s report, the agency must—

(a) notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel,

(b) give the prospective adopter a copy of the prospective adopter’s report,

(c) invite the prospective adopter to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is received, and

(d) explain to the prospective adopter that the adoption agency may, in exceptional circumstances, extend the timescale referred to in sub-paragraph (c).

(6) At the end of the 10 working days referred to in paragraph (5)(c) (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received) the adoption agency must submit to the adoption panel—

(a) the prospective adopter’s report and the prospective adopter’s observations,

(b) the written reports and references referred to in regulation 26(b) to (e) (but in the case of reports obtained in accordance with regulation 26(b), only if the agency’s registered health practitioner advises it to do so), and

(c) any other relevant information obtained by the agency.

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

Functions of the adoption panel

30A.— (1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

(2) In considering what recommendation to make the adoption panel—

(a) must consider and take into account all the information and reports passed to it in accordance with regulation 30(6),

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

(c) must obtain legal advice as it considers necessary in relation to the case.

(3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either—

(a) request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2), or

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

(4) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may also consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs.

(5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption agency decision and notification

30B.— (1) Subject to paragraph (2), the adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the assessment process.

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

(a) in a case where the adoption agency considers there are exceptional circumstances which mean it cannot make the decision within that time, or

(b) upon the request of the prospective adopter.

(3) No member of the adoption panel may take part in any decision made by the adoption agency under paragraph (1).

(4) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify the prospective adopter of its decision.

(5) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must—

(a) notify the prospective adopter that it proposes not to approve the prospective adopter as suitable to adopt a child (“qualifying determination”),

(b) send with that notification its reasons together with a copy of the recommendation of the adoption panel if that recommendation is different, and

(c) advise the prospective adopter that within 40 working days beginning with the date on which the notification was sent the prospective adopter may—

(i) submit any representations the prospective adopter wishes to make to the agency, or

(ii) apply to the Welsh Ministers for a review by an independent review panel of the qualifying determination.

(6) If, within the period of 40 working days referred to in paragraph (5)(c), the prospective adopter has not made any representations or applied to the Welsh Ministers for a review by an independent review panel, the adoption agency must proceed to make its decision and notify the prospective adopter of its decision together with reasons for that decision.

(7) If, within the period of 40 working days referred to in paragraph (5)(c), the adoption agency receives representations from the prospective adopter, it may refer the case together with all relevant information to the adoption panel for further consideration.

(8) The adoption panel must consider any case referred to it under paragraph (7) and make a new recommendation to the adoption agency as to whether the prospective adopter is suitable to adopt a child.

(9) The adoption agency must make a decision on the case but—

(a) if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel under both paragraph (8) and regulation 30A, or

(b) if the prospective adopter has applied to the Welsh Ministers for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review panel and the recommendation of the adoption panel made under regulation 30A.

(10) As soon as possible after making its decision under paragraph (9), the adoption agency must notify the prospective adopter of its decision, stating its reasons for that decision if they do not consider the prospective adopter suitable to adopt a child, and of the adoption panel’s recommendation under paragraph (8), if this is different from the agency’s decision.

(11) In a case where an independent review panel has made a recommendation, the adoption agency must send to the Welsh Ministers a copy of the notification referred to in paragraph (10).

Information to be sent to the independent review panel

30C.— (1) If the adoption agency receives notification from the Welsh Ministers that a prospective adopter has applied for a review by an independent review panel of a qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Welsh Ministers the information specified in paragraph (2).

(2) The following information is specified for the purposes of paragraph (1)—

(a) all of the documents and information which were submitted to the adoption panel in accordance with regulation 30,

(b) any other reports or information submitted by the adoption agency to the adoption panel including any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were submitted to the adoption panel, and

(c) the documents referred to in regulation 30B(5)(a) and (b).

Review and termination of approval

30D.— (1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

(a) a child is placed for adoption with the prospective adopter or the agency is considering placing a child with the prospective adopter in accordance with regulations 32 to 34, or

(b) in a section 83 case, the prospective adopter has visited the child in the country in which the child is habitually resident and has confirmed in writing that they wish to proceed with the adoption.

(2) A review must take place not more than one year after approval and thereafter whenever the adoption agency considers it necessary, but at intervals of not more than one year.

(3) When undertaking such a review the adoption agency must—

(a) make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a child, and

(b) seek and take into account the views of the prospective adopter.

(4) As part of each review, the adoption agency must consider—

(a) why no child has yet been placed with the prospective adopter,

(b) any arrangements for the provision of adoption support services and whether they should continue or be modified,

(c) where a child placed for adoption with the prospective adopter is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the reasons for the child’s return, and

(d) whether the prospective adopter is still suitable to adopt a child.

(5) The adoption agency must—

(a) set out in writing the arrangements governing the manner in which the review of a prospective adopter is to be carried out and must draw the written arrangements to the attention of—

(i) the prospective adopter, and

(ii) any other person the agency considers relevant;

(b) ensure that—

(i) the information obtained in respect of the prospective adopter,

(ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review, and

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

are recorded in writing and placed on the prospective adopter’s case record.

(6) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must—

(a) prepare a written report (“the prospective adopter’s review report”) which includes—

(i) the information obtained on the matters referred to in paragraphs (3) and (4),

(ii) the agency’s reasons, and

(iii) any other information which the agency considers relevant,

(b) notify the prospective adopter that the case is to be referred to the adoption panel, and

(c) give the prospective adopter a copy of the report and invite the prospective adopter to send any observations to the agency within 10 working days beginning with the date on which that report is given to the prospective adopter.

(7) At the end of the period of 10 working days referred to in paragraph (6)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must send the prospective adopter’s review report together with the prospective adopter’s observations, if any, to the adoption panel.

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

(9) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations, if any, and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

(10) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 30B(2) to (11) apply in relation to that decision by the agency.

Duties of the adoption agency in a section 83 case

30E.   Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Welsh Ministers—

(a) written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background,

(b) all the documents and information which were passed to the adoption panel in accordance with regulation 30,

(c) the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation,

(d) if the prospective adopter applied to the Welsh Ministers for a review by an independent review panel of a qualifying determination, the record of the proceedings of that panel, its recommendation and the reasons for its recommendation, and

(e) any other information relating to the case which the Welsh Ministers or the relevant foreign authority may require.

Application of Part 4 with modifications to specified persons

30F.— (1) This paragraph applies where the adoption agency is satisfied that the prospective adopter—

(a) is an approved foster parent, or

(b) has, at any time, adopted a child—

(i) in England and Wales, after having been assessed as suitable to adopt in accordance with these Regulations or the Adoption Agencies Regulations 2005(13), or

(ii) after having been assessed as suitable to adopt in accordance with the Adoptions with a Foreign Element Regulations 2005(14) (“the 2005 Regulations”).

(2) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

(3) Where the prospective adopter is an approved foster parent and consents, the adoption agency may request access to any relevant records compiled in relation to that approval by the fostering services provider.

(4) In this regulation, “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018(15) but does not include a person with whom a child is placed under regulation 26 (temporary approval of a relative, friend or other person connected with C) or 28 (temporary approval of a particular prospective adopter as a foster parent) of the Care Planning, Placement and Case Review (Wales) Regulations 2015(16).

Referral to the Adoption Register for Wales – prospective adopters

30G.— (1) Where paragraph (2) applies, the adoption agency must provide details about the prospective adopter to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and in any event no later than one month after the determination referred to in paragraph (2)(a).

(2) Other than in a section 83 case, this paragraph applies where—

(a) an adoption agency has, in accordance with regulation 30B, determined that a prospective adopter is suitable to adopt a child,

(b) the agency has not identified a particular child who it is considering placing with that prospective adopter, and

(c) the agency has obtained the consent of the prospective adopter.

Prospective adopter matching plan

31.   Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes—

(a) information about the duties of the adoption agency under Parts 5 and 6,

(b) information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter,

(c) information about the process for making a representation (including a complaint) under the 2014 Regulations, and

(d) any other matters that the agency considers relevant.”

11.  In regulation 33(4) (function of the adoption panel in relation to the proposed placement), for “regulation 28” substitute “regulation 30B”.

12.  In regulation 43 (access to case records and disclosure of information), in paragraph (1)—

(a) at the end of sub-paragraph (h), for the full stop substitute “;”;

(b) after sub-paragraph (h) insert—

“(i) to a fostering service provider within fifteen working days of a request under regulation 7(2)(f) of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018.”

13.  In Schedule 1—

(a) in Part 3 (information about the child’s family and others), in the heading before paragraph 1, for “natural” substitute “birth”;

(b) in Part 5 (particulars relating to the health of the child’s natural parents and brothers and sisters)—

(i) in the Part heading, for “natural” substitute “birth”;

(ii) in paragraphs 1, 2 and 3, for “natural”, in each place it occurs, substitute “birth”.

14.  In Part 1 of Schedule 3 (offences specified for the purposes of regulation 23(3)(b))—

(a) in the heading, for “Regulation 23(3)(b)” substitute “Regulation 25(3)(b)”,

(b) for paragraphs 2 and 3 (offences in Scotland) substitute—

“2.   An offence under section 1 (rape) and section 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009(17).

3.   An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(18) except, in a case where the offender was under the age of 20 at the time the offence was committed.”,

(c) for paragraphs 7 and 8 (offences in Northern Ireland) substitute—

“7.   An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 2008(19).

8.   An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968(20), except in the case where the offender was under the age of 20 at the time the offence was committed.”, and

(d) omit paragraph 10.

15.  For Schedule 4 substitute—

“SCHEDULE 4

Regulation 26(a)

PART 1 Information to be provided during stage 1

Information about the prospective adopter

1.   Name, sex, date and place of birth and address including the local authority area.

2.   If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of their suitability to adopt, the reasons for this.

3.   Details of any previous family court proceedings in which the prospective adopter has been involved.

4.   Names and addresses of three referees who will give personal references on the prospective adopter, not more than one of whom may be a relative.

5.   Name and address of the prospective adopter’s registered medical practitioner.

6.   If the prospective adopter—

(a) is married, the date and place of the marriage;

(b) has formed a civil partnership, the date and place of registration of that partnership;

(c) has a partner, details of that relationship.

7.   Details of any previous marriage, civil partnership or relationship.

8.   Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long they have been habitually resident.

Information about the home etc. of the prospective adopter

9.   Details of other members of the prospective adopter’s household (including any children of the prospective adopter whether or not resident in the household).

Regulation 26(b)

PART 2 Report on the health of the prospective adopter

1.   Name, date of birth, sex, weight and height.

2.   A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and any hereditary disease or disorder.

3.   Infertility or reasons for deciding not to have children (if applicable).

4.   Past health history, including details of any serious physical or mental illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given.

5.   Obstetric history (if applicable).

6.   Details of any present illness, including treatment and prognosis.

7.   Details of any consumption of alcohol that may give cause for concern or whether the prospective adopter smokes or uses habit-forming drugs.

8.   Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency.

Regulation 30(1)

PART 3 Information to be provided during stage 2

Information about the prospective adopter

1.   A photograph and physical description.

2.   Racial origin and cultural and linguistic background.

3.   Religious persuasion.

4.   Relationship (if any) to the child.

5.   A description of the prospective adopter’s personality and interests.

6.   A family tree with details of the prospective adopter, the prospective adopter’s siblings and any children of the prospective adopter, with their ages (or ages at death).

7.   A chronology of the prospective adopter from birth.

8.   The observations of the prospective adopter about their own experience of being parented and how this has influenced them.

9.   Details of any experience the prospective adopter has had of caring for children (including as a parent, step-parent, foster parent, child minder or prospective adopter) and an assessment of the prospective adopter’s ability in this respect.

10.   Any other information which indicates how the prospective adopter and anybody else living in the prospective adopter’s household is likely to relate to a child placed for adoption with the prospective adopter.

Wider Family

11.   A description of the wider family of the prospective adopter and their role and importance to the prospective adopter and their likely role and importance to a child placed for adoption with the prospective adopter.

Information about the home etc. of the prospective adopter

12.   Information about the prospective adopter’s home and the neighbourhood in which the prospective adopter lives.

13.   Information about the local community of the prospective adopter, including the degree of the family’s integration with its peer groups, friendships and social networks.

Education and employment

14.   Details of the prospective adopter’s educational history and attainments and the prospective adopter’s views about how this has influenced them.

15.   Details of the prospective adopter’s employment history and the observations of the prospective adopter about how this has influenced them.

16.   The current employment of the prospective adopter and the prospective adopter’s views about achieving a balance between employment and child care.

Income

17.   Details of the prospective adopter’s income and expenditure.

Other information

18.   Information about the prospective adopter’s capacity to—

(a) provide for a child’s needs, particularly emotional and behavioural development needs,

(b) share a child’s history and associated emotional issues, and

(c) understand and support a child through possible feelings of loss and trauma.

19.   The prospective adopter’s—

(a) reasons for wishing to adopt a child,

(b) views and feelings about adoption and its significance,

(c) views about their parenting capacity,

(d) views about parental responsibility and what it means,

(e) views about a suitable home environment for a child,

(f) views about the importance and value of education,

(g) views and feelings about the importance of a child’s religious and cultural upbringing, and

(h) views and feelings about contact between a child and his birth parents and other relatives.

20.   The views of other members of the prospective adopter’s household and wider family in relation to adoption.

21.   Any other relevant information which might assist the adoption panel or the adoption agency.

Regulation 30F(2)

SCHEDULE 4A Modifications to Part 4

1.   Regulation 22 does not apply.

2.   Regulations 24, 25 and 26 only apply where an adoption agency considers it necessary.

3.   Regulations 27 and 28 do not apply.

4.   Regulation 30 applies as if—

(a) paragraphs (1) and (4) were omitted,

(b) for paragraph (2) there were substituted—

“(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a) where applicable, a summary, written by the agency’s registered health practitioner, of the state of the health of the prospective adopter,

(b) where applicable, any observations of the agency on the matters referred to in regulation 25,

(c) where applicable, any relevant information obtained by the agency under regulation 26,

(d) the agency’s assessment of the prospective adopter’s suitability to adopt a child, and

(e) any other information which the agency considers relevant.”, and

(c) “where applicable” were inserted at the beginning of paragraph (6)(b).

5.   Regulation 30A(3) does not apply.

6.   Regulation 30B applies as if for paragraph (1) there were substituted—

“(1) The adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the pre-assessment process.””

Consequential amendments to other Regulations

16.  The amendments to other Regulations are set out in Schedule 1.

Miscellaneous amendments

17.  Schedule 2 makes amendments to the Welsh language text of the Principal Regulations(21).

Transitional provision

18.  In a case where an adoption agency has started to assess the suitability of a prospective adopter in accordance with Part 4 of the Principal Regulations, prior to the coming into force of these Regulations, the adoption agency must continue that assessment as if these Regulations had not been made.

Julie Morgan

Deputy Minister for Health and Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

17 February 2020