The Adoption Support Services Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for local authorities in England to provide adoption support services as part of the service maintained by them under section 3(1) of the Adoption and Children Act 2002 (“The Act”).

Part 2 deals with the provision of adoption support services, which are defined by section 2(6) of the Act as counselling, advice and information, and other services prescribed by regulations, in relation to adoption. Such services are prescribed by regulation 3 and include financial support (as required by section 2(7) of the Act). The services must be extended to the classes of person specified in regulation 4 and their provision may be secured from the persons specified in regulation 5. Local authorities are required to appoint an adoption support services adviser to give advice and information to them and to persons who may be affected by the adoption of a child (regulation 6). Regulation 7 provides for services to persons outside the local authority’s area.

Part 3 deals with financial support. It may only be paid in the circumstances specified in regulation 8. It may only include a remuneration element where paid to a former local authority foster parent (regulation 9). Regulations 10 to 12 provide for payment of financial support, circumstances in which financial support ceases and conditions that may be imposed.

Part 4 deals with the assessment of a person’s needs for adoption support services, plans for provision of services and notifications of proposals and decisions in relation to the provision of services.

Part 5 deals with reviews of adoption support services.

Part 6 contains miscellaneous provisions, including a general exception from giving notice etc. in cases of urgency (regulation 21), service of notices (regulation 22) and recovery of expenses between authorities (regulation 23). Regulation 24 revokes the Adoption Allowance Regulations 1991 and the Adoption Support Services (Local Authorities) (England) Regulations 2003 and makes transitional provision.

A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk/ria/.