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The Adoption Support Agencies (Wales) Regulations 2005

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No obligation to proceed if not appropriate

11.—(1) An agency that provides adoption support services under regulations 2(2)(e) or (f) is not required to commence with provision of such services, or having begun to provide those services, is not required to continue if the agency considers it would not be appropriate to do so.

(2) In deciding whether it is appropriate to provide those services (or commence provision of such services) the agency must have regard to:

(a)the welfare of the adopted person requesting the service;

(b)the welfare of the relative requesting the service;

(c)any veto recorded under regulation 13;

(d)any information held by the Registrar General on the Adoption Contact Register;

and all the other circumstances of the case.

(3) An agency must not commence or continue with provision of services to an adopted person or relative, for assistance in contacting a person who is below the age of 18 unless—

(a)there are exceptional circumstances and,

(b)the provisions of paragraph (4) are complied with.

(4) An agency must not proceed with the provision of services of the sort referred to in sub paragraph (3) unless—

(a)a person with parental responsibility for the child has given his or her consent and

(b)either

(i)the child being competent, has consented, or

(ii)any wishes or feelings of a child who is not competent have been taken into account.

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