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The Adoption Agencies (Wales) Regulations 2005

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE 1

Regulation 15(1)

PART 1INFORMATION ABOUT THE CHILD

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

2.  A photograph and physical description.

3.  Nationality(1).

4.  Racial origin and cultural and linguistic background.

5.  Religious persuasion, if any, (including details of baptism, confirmation or equivalent ceremonies).

6.  Whether the child is looked after or is provided with accommodation under section 59(1) of the 1989 Act.

7.  Details of any order made by a court with respect to the child under the 1989 Act including the name of the court, the order made and the date on which the order was made.

8.  Whether the child has any rights to, or interest in, property or any claim to damages under the Fatal Accidents Act 1976 or otherwise which he or she stands to retain or lose if adopted.

9.  A chronology of the child’s care since birth.

10.  An assessment of the child’s personality, social development and emotional and behavioural development.

11.  Whether the child has any difficulties with activities such as feeding, washing and dressing him or herself.

12.  The educational history of the child including—

(a)the names, addresses and types of nurseries or schools attended with dates;

(b)a summary of progress and attainments;

(c)whether he or she is subject to a statement under the Education Act 1996;

(d)any special needs he or she has in relation to learning; and

(e)where he or she is looked after, details of the personal education plan prepared by the local authority.

13.  Information about—

(a)the child’s relationship with —

(i)the child’s parent or guardian and, where regulation 14(2) applies, the child’s father;

(ii)any brothers or sisters or other relatives; and

(iii)any other person the agency considers relevant;

(b)the likelihood of any such relationship continuing and the value to the child of its doing so; and

(c)the ability and willingness of any of the child’s relatives, or any other person the agency considers relevant, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs.

14.  The current arrangements for and the type of contact between the child’s parent or guardian or other person with parental responsibility for the child and, where regulation 14(2) applies, the child’s father, and any relative, friend or other person.

15.  A description of the child’s interests, likes and dislikes.

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

Regulation 15(2)

PART 2MATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT

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

2.  A neo-natal report on the child, including—

(a)details of the child’s birth, and any complications;

(b)results of a physical examination and screening tests;

(c)details of any treatment given;

(d)details of any problem in management and feeding;

(e)any other relevant information which may assist the panel;

(f)the name and address of any doctor who may be able to provide further information about any of the above matters.

3.  A full health history of the child, including—

(a)details of any serious illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given;

(b)details and dates of immunisations;

(c)a physical and developmental assessment according to age, including an assessment of vision and hearing and of neurological, speech and language development and any evidence of emotional disorder;

(d)the school health history (if available);

(e)how the child’s physical and mental health and medical history has affected his or her physical, intellectual, emotional, social or behavioural development;

(f)any other relevant information which may assist the adoption panel.

4.  The signature, name, address and telephone number and qualifications of the registered medical practitioner who prepared the report, the date of the report and of the examinations carried out together with the name and address of any other doctor who may be able to provide further information about any of the above matters.

Regulation 16(1)

PART 3INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

Information about each parent of the child (both natural and adoptive) including a father who does not have parental responsibility for the child

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

2.  A photograph, if available, and physical description.

3.  Nationality(2).

4.  Racial origin and cultural and linguistic background.

5.  Religious persuasion, if any.

6.  A description of their personality and interests.

Information about the child’s brothers and sisters

7.  Name, gender and date and place of birth.

8.  A photograph, if available, and physical description.

9.  Nationality(3).

10.  Address, if appropriate.

11.  If any brother or sister is under the age of 18—

(a)where and with whom he or she is living;

(b)whether he or she is looked after or is provided with accommodation under section 59(1) of the 1989 Act;

(c)details of any court order made with respect to him or her under the 1989 Act, including the name of the court, the order made, and the date on which the order was made; and

(d)whether he or she is also being considered for adoption.

Information about the child’s other relatives and any other person the agency considers relevant

12.  Name, gender and date and place of birth.

13.  Nationality(4).

14.  Address, if appropriate.

Family history and relationships

15.  Whether the child’s parents were married to each other at the time of the child’s birth (or have subsequently married) and if so, the date and place of marriage and whether they are divorced or separated.

16.  Where the child’s parents were not married to each other at the time of the birth, whether the father has parental responsibility for the child and if so how it was acquired.

17.  If the identity or whereabouts of the child’s father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity.

18.  Where the child’s parents have been previously married or formed a civil partnership, the date of the marriage or, as the case may be, the date and place of registration of the civil partnership.

19.  So far as is possible, a family tree with details of the child’s grandparents, parents and aunts and uncles with their age (or ages at death).

20.  Where it is reasonably practicable, a chronology of each of the child’s parents from birth.

21.  The observations of the child’s parents about their own experiences of being parented and of how this has influenced them.

22.  The past and present relationship of the child’s parents.

23.  Details of the wider family and their role and importance to—

(a)the child’s parents; and

(b)any brothers or sisters of the child.

Other information about each parent of the child and where regulation 14(2) applies, the father

24.  Information about their home and the neighbourhood in which they live.

25.  Details of their educational history.

26.  Details of their employment history.

27.  Information about the parenting capacity of the child’s mother and father, particularly their ability and willingness to parent the child.

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

Regulation 16(1)

PART 4PARTICULARS RELATING TO A GUARDIAN

1.—(a) Name, gender and date and place of birth.

(b)Nationality(5).

(c)Address and telephone number.

2.  Their past and present relationship with the child.

3.  Religion.

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

Regulation 16(2)

PART 5PARTICULARS RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

1.  Name, date of birth, gender, weight and height of each natural parent.

2.  A family health history, covering each of the child’s natural parents, the child’s brothers and sisters (if any) and the other children (if any) of each parent with details of any serious physical or mental illness and any hereditary disease or disorder.

3.  A health history of each of the child’s natural parents, including details of any serious physical or mental illness, drug or alcohol misuse, disability, accident or hospital admission and in each case any treatment given where the agency consider such information to be relevant.

4.  A summary of the mother’s obstetric history, including any problems in the ante-natal, labour and post-natal periods, with the results of any tests carried out during or immediately after pregnancy.

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

6.  Any other relevant information which the agency considers may assist the panel.

7.  The signature, name, address, telephone number and qualifications of any registered medical practitioner who supplied any of the information in this Part together with the name and address of any other doctor who may be able to provide further information about any of the above matters.

Regulation 20(1)

SCHEDULE 2INFORMATION AND DOCUMENTS TO BE PROVIDED TO WELSH FAMILY PROCEEDINGS OFFICER OR OFFICER OF CAFCASS

1.  A copy of the child’s birth certificate.

2.  Name and address of the parent or guardian.

3.  A chronology of the actions and decisions taken by the adoption agency with respect to the child.

4.  Confirmation by the agency that it has counselled, and explained to the parent or guardian the legal implications of both consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act, and provided the parent or guardian with written information about this together with a copy of the information provided to the parent or guardian.

5.  Such information about the parent or guardian or other information as the adoption agency considers the Welsh family proceedings officer or officer of CAFCASS may need to know.

Regulation 23 (3)(b)

SCHEDULE 3

PART 1OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 23(3)(b)

Offences in England and Wales

1.  An offence of rape of an adult under section 1 of the Sexual Offences Act 2003 —

(a)an offence of rape under section 1 of the Sexual Offences Act 2003(6);

(b)an offence of assault by penetration under section 2 of that Act;

(c)an offence of causing a person to engage in sexual activity without consent under section 4 of that Act if the activity fell within subsection (3);

(d)an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act if the touching fell within subsection (3);

(e)an offence of causing or inciting a person with mental disorder impeding choice, to engage in sexual activity under section 31 of that Act, if the activity caused or incited fell within subsection (3);

(f)an offence of inducement threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2); and

(g)an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception if the activity fell within subsection (2).

Offences in Scotland

2.  An offence of rape.

3.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(7) except, in a case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with a girl under 16)(8), an offence of shameless indecency between men or an offence of sodomy.

4.  An offence of plagium (theft of a child below the age of puberty).

5.  An offence under section 52 or 52A of the Civil Government (Scotland) Act 1982 (indecent photographs of children)(9).

6.  An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust)(10).

Offences in Northern Ireland

7.  An offence of rape.

8.  An offence specified in Schedule 1 to the Children and Young Person Act (Northern Ireland) 1968(11), except in the case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to sections 5 or 11 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 17 and gross indecency between males)(12), or an offence contrary to section 61 of the Offences against the Person Act 1861 (buggery).

9.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs)(13).

10.  An offence under Article 9 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse)(14).

11.  An offence contrary to Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of children)(15).

12.  An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

Regulation 23(4)

PART 2REPEALED STATUTORY OFFENCES

1.—(1) An offence under any of the following sections of the Sexual Offences Act 1956—

(a)section 1 (rape);

(b)section 5 (intercourse with a girl under 13);

(c)unless paragraph 4 applies, section 6 (intercourse with a girl under 16);

(d)section 19 or 20 (abduction of girl under 18 or 16);

(e)section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse);

(f)section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

(3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under sixteen to incest).

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

2.  A person falls within this paragraph if he has been convicted of any of the following offences against a child 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, he admitted—

(a)an offence under section 2 or 3 of the Sexual Offences Act 1956 Act (procurement of woman by threats or false pretences);

(b)an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse);

(c)an offence under section 14 or 15 of that Act (indecent assault);

(d)an offence under section 16 of that Act (assault with intent to commit buggery);

(e)an offence under section 17 of that Act (abduction of woman by force or for the sake of her property);

(f)an offence under section 24 of that Act (detention of woman in brothel or other premises).

3.  A person falls within this paragraph if he has been convicted of any of the following offences 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, he admitted—

(a)an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child;

(b)an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse;

(c)an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child;

(d)an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her;

(e)unless paragraph 4 applies, an offence under section 12 of that Act by committing buggery with a child under the age of 16;

(f)unless paragraph 4 applies, an offence under section 13 of that Act by committing an act of gross indecency with a child;

(g)an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian;

(h)an offence under section 22 of that Act (causing prostitution of women) in relation to a child;

(i)an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person;

(j)an offence under section 27 of that Act (permitting defective to use premise for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse;

(k)an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child;

(l)an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child;

(m)an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child;

(n)an offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child;

(o)an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—

(i)procuring a child to commit an act of buggery with any person; or

(ii)procuring any person to commit an act of buggery with a child;

(p)an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child;

(q)an offence under section 9(1)(a) of the Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child.

4.  Paragraphs 1(c) and 3(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.

SCHEDULE 4

Regulation 26(2)

PART 1INFORMATION ABOUT PROSPECTIVE ADOPTER

Information about the prospective adopter

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

2.  A photograph and physical description.

3.  Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long he or she has been habitually resident.

4.  Racial origin and cultural and linguistic background.

5.  Religious persuasion, if any.

6.  Relationship (if any) to the child.

7.  An assessment of the prospective adopter’s personality and interests.

8.  If the prospective adopter is married or in a civil partnership and is applying alone, an assessment of the prospective adopter’s suitability to adopt and the reasons for this.

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

10.  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.

11.  Name and address of the prospective adopter’s registered medical practitioner, if any.

12.  If the prospective adopter is—

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

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

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

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

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

15.  A chronology of the prospective adopter from birth.

16.  The observations of the prospective adopter about their own experience of being parented and how this has been an influence.

17.  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 their ability in this respect.

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

Wider family

19.  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 of the prospective adopter etc.

20.  An assessment of the prospective adopter’s home and the neighbourhood of their home.

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

22.  The local community of the prospective adopter, including the degree of the family’s integration, its peer groups, friendships and social networks.

Education and employment

23.  Details of the prospective adopter’s educational history and attainments and the observations of the prospective adopter about how this has been an influence.

24.  Details of the prospective adopter’s employment history and the observations of the prospective adopter about how this has been an influence.

25.  The current employment of the prospective adopter and their views about achieving a balance between employment and child care.

Income

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

Other information

27.  The prospective adopter’s capacity to —

(a)share the child’s birth history and associated emotional issues;

(b)understand and support the child through possible feelings of loss and trauma.

28.  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 their 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;

(h)views and feelings about contact.

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

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

Regulation 26(3)(a)

PART 2INFORMATION ABOUT THE HEALTH OF THE PROSPECTIVE ADOPTER

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

2.  A family health history of the parents, the brothers and sisters (if any) and the children (if any) of the prospective adopter, with details of any serious physical or mental illness and inherited and congenital disease.

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.  A full medical examination.

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

9.  Any other relevant information which the agency considers may assist the panel.

10.  The signature, name, address and qualifications of the registered medical practitioner who prepared the report, the date of the report and of the examinations carried out together with the name and address of any other doctor who may be able to provide further information about any of the above matters.

Regulation 32(1)

SCHEDULE 5INFORMATION ABOUT THE CHILD TO BE GIVEN TO THE PROSPECTIVE ADOPTER

1.  Details of the child.

2.  Photograph and physical description.

3.  Details of the child’s family circumstances and home environment, including details of the child’s family (parents, siblings and significant others).

4.  Chronology of the child’s care.

5.  The child’s behaviour, how the child interacts with other children and relates to adults.

6.  Whether the child is looked after by the local authority and, if so, the reasons and why the child is to be placed for adoption.

7.  Details of the child’s placement history including reasons for any placement breakdowns.

8.  Details of the child’s state of health, health history and any need for health care which might arise in the future.

9.  Details of the child’s educational history, a summary of the child’s progress to date and whether assessed or likely to be assessed for special educational needs under the Education Act 1996.

10.  The child’s ascertainable wishes and feelings in relation to adoption, and contact with the child’s parent, guardian, relative or other significant person.

11.  The wishes and feelings of the child’s parent, guardian, relative or other significant person in relation to adoption and contact.

12.  The views of the person with whom the child is living about adoption.

13.  The assessment of the child’s needs for adoption support services and the agency’s proposals for meeting those needs.

14.  The agency’s proposals for allowing any person contact with the child.

15.  The proposed time-scale for placement.

16.  Any other information which the agency considers relevant.

Regulation 36(2)

SCHEDULE 6PLACEMENT PLAN

1.  Status of the child and whether placed under a placement order or with the consent of the birth parents.

2.  The arrangements for preparing the child and the prospective adopter for the placement.

3.  Date on which it is proposed to place the child for adoption with the prospective adopter.

4.  The arrangements for review of the placement.

5.  Whether parental responsibility of the prospective adopter for the child is to be restricted and if so the extent to which it is to be restricted.

6.  The adoption support services the local authority has decided to provide for the child and the adoptive family, how these will be provided and by whom (if applicable).

7.  The arrangements which the adoption agency has made for allowing any person contact with the child, the form of contact this will be and the arrangements for supporting contact and the name and contact details of the person responsible for facilitating the contact arrangements (if applicable).

8.  The date on which the life story book and later life letter is to be passed to the prospective adopter or the child.

9.  Details of any arrangements that need to be made.

10.  Contact details of the child’s social worker, the prospective adopter’s social worker and out of hours contacts.

(1)

No distinction is drawn in this context between the different parts of the UK.

(2)

No distinction is drawn in this context between the different parts pf the U.K. Back [2]

(3)

No distinction is drawn in this context between the different parts of the U.K.

(4)

See (1) above.

(5)

No distinction is drawn in this context between the different parts of the U.K.

(9)

1982 c. 45, Section 52A was inserted by section 161 of the Criminal Justice Act 1988 c. 33.

(14)

S.I. 1980/704 (N.I.6).

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