The Adoption Support Services (Local Authorities) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Adoption Act 1976 and the Adoption and Children Act 2002 (“the 2002 Act”) and apply to local authorities in Wales. Local authorities are required to maintain an adoption service, which must include adoption support services, defined in section 2 of the 2002 Act as being counselling, advice and information and any other services prescribed by regulations.

These Regulations address the needs of adoptive families created when children looked after by local authorities are adopted. Regulation 3 specifies the services that must be provided for the groups of potential service users. Regulation 4 places a requirement on each local authority to appoint an adoption support services advisor as a single point of contact for people and to provide advice and information about services. Regulation 5 sets out when an assessment for services must be made, and requires a local authority considering the placement of a child with a family in the area of another local authority, to consult that authority about both the placement and the assessment. Regulation 6 sets out the procedure for assessment. Save where the support is given on a single occasion only, regulation 7 imposes an obligation on a local authority when they have decided to provide adoption support services, to prepare a plan setting out how the services are to be provided; consultation about such a plan is prescribed. Regulation 8 provides for the review of adoption support services. Regulation 9 allocates responsibility for funding where children are placed across local authority boundaries, or the adoptive family subsequently moves. Regulations 10 to 14 are concerned with the payment of financial support. Regulation 15 requires a local authority to maintain a record of financial support on case records required to be maintained under the Adoption Agencies Regulations 1983. Regulation 16 amends the Adoption Allowance Regulations 1991 so that they no longer apply to local authorities, although they will remain in force for the time being in respect of adoption agencies.