The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Adoption Act 1976, and the Care Standards Act 2000 (“the 2000 Act”), and apply to voluntary adoption agencies in England and Wales. The amendments made to the Adoption Agencies Regulations (“the 1983 Regulations”) also apply to local authorities in England and Wales.

Part II of the 2000 Act provides for the registration and inspection of establishments and agencies, including voluntary adoption agencies, by the registration authority. Part II of the 2000 Act (so far as not already in force) will be brought into force in relation to voluntary adoption agencies on 30th April 2003. By virtue of an amendment to the 2000 Act by the Adoption and Children Act 2002, functions relating to voluntary adoption agencies conferred on the registration authority are exercisable where the principal office is in England, by the National Care Standards Commission and where the principal office is in Wales, by the National Assembly for Wales.

Regulation 2 provides that only a corporate body can apply for registration under the 2000 Act in respect of a voluntary adoption agency.

Regulations 3 and 4 make provision for the statement of purpose. Each voluntary adoption agency must have a statement of purpose setting out the aims and objectives of the agency. The statement of purpose must be kept under review and revised when necessary. The agency must be carried on in a manner that is consistent with the statement of purpose.

Regulations 5 to 9 make provision about the persons carrying on and managing a voluntary adoption agency, and require a manager to be appointed for the agency and for any branch of the agency (regulation 6). Provision is made for the fitness of the manager and branch manager, in particular by the requirement that satisfactory information be obtained in relation to the matters specified in Schedule 2 (regulation 7). Regulation 5 requires the voluntary organisation that is carrying on the agency to nominate a responsible individual in respect of whom this information must also be available. Regulation 8 imposes general requirements in relation to the proper conduct of a voluntary adoption agency, and the need for appropriate training.

Part III of these Regulations makes further provision about the conduct of a voluntary adoption agency, in particular as to the protection of children (regulation 10), complaints (regulations 11 and 12), staffing, record keeping and fitness of premises (regulations 13 to 18).

Part IV of these Regulations deals with miscellaneous matters. Regulation 19 provides for the registered provider and the manager to give notice of the events listed in Schedule 4 to the persons mentioned in that Schedule. Regulation 20 imposes requirements relating to a voluntary adoption agency’s financial position. Regulations 21 to 23 provide for the giving of notices to the registration authority and the appointment of liquidators. Regulation 24 provides that where these Regulations place a requirement on more than one person, if one of those who is obliged to meet that requirement does so, the other person is not also obliged to meet that requirement.

Part V of these Regulations makes provision for amendment to the 1983 Regulations. The amendments to regulations 1(3), 15(1)(b) and 16 and the omission of regulations 2 and 3 of the 1983 Regulations are consequential on the new registration arrangements under Part II of the 2000 Act. The amendment to regulation 6 of the 1983 Regulations aligns the requirement to review the written arrangements that govern the agency’s functions and the functions of the agency’s adoption panel, with the requirement to review the statement of purpose in regulation 4 of these Regulations.

A Regulatory Impact Assessment has been prepared 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 of Health’s website www.doh.gov.uk/regulatoryimpact/index.htm or www.doh.gov.uk/adoption/law.htm#ria, or from the Adoption, Permanence and Children’s Trusts Branch, Area 121, Wellington House, 133–135, Waterloo Road, London, SE1 8UG.