The Adoption Agencies (Wales) Regulations 2005

Welsh Statutory Instruments

2005 No. 1313 (W.95)

CHILDREN AND YOUNG PERSONS, WALES

SOCIAL CARE, WALES

The Adoption Agencies (Wales) Regulations 2005

Made

10 May 2005

Coming into force

30 December 2005

The National Assembly for Wales in exercise of the powers conferred by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 1989(1) and sections 9(1)(a), 11(1)(b), 27(3), 45(1) and (2), 53, 54 and 140(7) and (8) and 142(4) and (5) of the Adoption and Children Act 2002(2) hereby makes the following Regulations:

PART 1 E+W GENERAL

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Adoption Agencies (Wales) Regulations 2005 and come into force on 30 December 2005.

(2) These Regulations apply to Wales.

Commencement Information

I1 Reg. 1 in force at 30.12.2005, see reg. 1(1)

Interpretation E+W

2.  In these Regulations —

“the Act” (“y Ddeddf”) means the Adoption and Children Act 2002;

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

[F1 “the 2008 Act” means the Human Fertilisation and Embryology Act 2008;]

[F2 “the 2014 Regulations” (“Rheoliadau 2014”) means the Representations Procedure (Wales) Regulations 2014;]

“adoption agency” (“asiantaeth fabwysiadu”) has the meaning given in section 2(1) of the Act ;

“adoption panel” (“panel mabwysiadu”) means a panel established in accordance with [F3 regulation 4];

“adoption placement plan” (“cynllun lleoliad mabwysiadu”) has the meaning given in regulation 36;

[F2 “the Adoption Register for Wales” (“Cofrestr Fabwysiadu Cymru”) means the register containing information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child, which is established under section 60 of the Government of Wales Act 2006 and maintained on behalf of the Welsh Ministers;]

“adoption service” (“gwasanaeth mabwysiadu”) has the meaning given in section 2(1) of the Act;

“adoption support services” (“gwasanaethau cymorth mabwysiadu”) has the meaning given in section 2(6) of the Act and in regulations made under section 2(6)(b) of the Act;

“agency adviser” (“cynghorydd asiantaeth”) has the meaning given in regulation 8;

“CAFCASS” means the Children and Family Court Advisory and Support Service(3);

[F4 “care order” (“gorchymyn gofal”) has the meaning given in section 105(1) of the 1989 Act(4);]

“employed” (“cyflogi/cyflogaeth”) in these regulations includes employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment;

[F2 “fostering services provider” (“darparwr gwasanaethau maethu”) has the meaning given in regulation 2 of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018;]

“independent person ” (“person annibynnol”) in relation to an adoption panel has the meaning given in [F5 regulation 4(8)];

“independent review panel” (“panel adolygu annibynnol”) means the panel constituted under section 12 of the Act;

“joint adoption panel” (“panel mabwysiadu ar y cyd”) means an adoption panel established in accordance with [F6 regulation 4(3)];

[F7 “looked after” means—

(a)

looked after (“derbyn gofal”) by a local authority in Wales in accordance with section 74(1) of the Social Services and Well-being (Wales) Act 2014, or

(b)

looked after by a local authority in England in accordance with section 22(1) of the 1989 Act;]

“medical adviser” (“cynghorydd meddygol”) means the person appointed as the medical adviser by the adoption agency in accordance with regulation 9;

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“notify” (“hysbysu”) means notify in writing;

“parent” (“rhiant”) means, in relation to a child, any parent who has parental responsibility for the child under the 1989 Act;

“placement plan” (“cynllun lleoliad”) has the meaning given in regulation 36(2);

[F2 “preparation for adoption” (“paratoad ar gyfer mabwysiadu”) has the meaning given in regulation 24;]

“proposed placement” (“lleoliad arfaethedig”) has the meaning given in regulation 32(1);

[F2 “prospective adopter assessment plan” (“cynllun asesu darpar fabwysiadydd”) has the meaning given in regulation 29;]

[F2 “prospective adopter matching plan” (“cynllun paru darpar fabwysiadydd”) has the meaning given in regulation 31;]

[F2 “prospective adopter stage one plan” (“cynllun cam un darpar fabwysiadydd”) has the meaning given in regulation 22;]

[F2 “prospective adopter’s report” (“adroddiad darpar fabwysiadydd”) has the meaning given in regulation 30(2);]

[F2 “prospective adopter’s review report” (“adroddiad adolygu darpar fabwysiadydd”) has the meaning given in regulation 30D(5)(a);]

[F8 “qualifying determination” (“dyfarniad o gymhwyster”) has the meaning given in regulation 30B(5)(a);]

“registered adoption society” (“cymdeithas fabwysiadu gofrestredig”) has the meaning given in section 2(2) of the Act;

“registration authority” (“awdurdod cofrestru”) means the National Assembly for Wales(4);

“relevant foreign authority” (“awdurdod tramor perthnasol”) means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is habitually resident, which correspond to the functions of an adoption agency or to the functions of the Secretary of State in respect of adoptions with a foreign element;

“section 83 case” (“achos adran 83”) means a case where a person intends to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83 of the Act (restrictions on bringing children into the United Kingdom) applies;

“social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in [F9 the register maintained by [F10 Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016], in [F11 the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017],] or in a corresponding register maintained under the law of Scotland or Northern Ireland;

[F12 “social services functions” (“swyddogaethau gwasanaethau cymdeithasol”) means functions within the meaning of section 143 of and Schedule 2 to the Social Services and Well-being (Wales) Act 2014;]

“Welsh family proceedings officer” (“swyddog achosion teuluol ar gyfer Cymru”) has the meaning given in section 35(4) of the Children Act 2004 (5); and

“working day” (“diwrnod gwaith”) means any day other than a Saturday, Sunday, Christmas day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(6).

Textual Amendments

F1 Words in reg. 2(1) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(2) (with Sch. 4)

F2 Words in reg. 2 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 3(a)

F3 Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(a) (with reg. 3)

F4 Words in reg. 2 inserted (1.9.2012) by The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 3

F5 Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(b) (with reg. 3)

F6 Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(c) (with reg. 3)

F7 Words in reg. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(2)(a)

F8 Words in reg. 2 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 3(b)

F9 Words in reg. 2 substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 75(1)

F10 Words in reg. 2 substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 11(2)

F11 Words in reg. 2 substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 12(2); S.I. 2019/1436, reg. 2(b)

F12 Words in reg. 2 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(2)(b)

Commencement Information

I2 Reg. 2 in force at 30.12.2005, see reg. 1(1)

PART 2 E+W ADOPTION AGENCY — ARRANGEMENTS FOR ADOPTION WORK

[F13 The central list E+W

3.— (1) Subject to regulation 5, an adoption agency must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including—

(a) one or more social workers who have at least three years relevant post –qualifying experience, and

(b) the medical adviser to the adoption agency (or at least one if more than one medical adviser is appointed).

(2) A person who is included in the central list may at any time ask to be removed from the central list by giving one month’s notice in writing.

(3) Where the adoption agency is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person’s name from the list by giving them one month’s notice in writing with reasons.

(4) Any two or more adoption agencies may jointly maintain a list of persons who are considered by them to be suitable to be members of an adoption panel.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Constituting the adoption panel E+W

4.— (1) An adoption agency must constitute one or more adoption panels, as necessary, to perform the functions of an adoption panel under these Regulations and must appoint the panel members from the persons in the central list including—

(a) a person to chair the panel, being an independent person, who has the skills and experience necessary for chairing an adoption panel, and

(b) one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”).

(2) The adoption agency must ensure that an adoption panel has sufficient members, and that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel.

(3) Any two or more adoption agencies may jointly constitute an adoption panel (“a joint adoption panel”) in which case the appointment of members must be by agreement between the agencies.

(4) An adoption agency may pay to any member of an adoption panel constituted by it such fee as it may determine, being a fee of reasonable amount.

(5) Any adoption panel member may resign at any time by giving one month’s notice in writing to the adoption panel agency which appointed them.

(6) Where an adoption agency is of the opinion that any member of the adoption panel appointed by it is unsuitable or unable to continue as a panel member it may terminate that member’s appointment at any time by giving the member notice in writing with reasons.

(7) In the case of a joint adoption panel, where an adoption agency is of the opinion that any member of an adoption panel appointed by it is unsuitable or unable to continue as a panel member, it may terminate that member’s appointment at any time by giving the member notice in writing of the reasons, if the adoption agencies who constituted the panel agree.

(8) A person (“P”) is not an independent person for the purposes of this regulation and regulation 6 if—

(a) in the case of a registered adoption society, P is a trustee or employee of that society, or

(b) in the case of a local authority, P—

(i) is an elected member of that authority, or

(ii) is employed by that authority for the purposes of the adoption service or for the purposes of any of that local authority’s functions relating to the protection of children, or

(c) P is the adoptive parent of a child who was—

(i) placed for adoption with P by the adoption agency (“agency A”), or

(ii) placed for adoption with P by another adoption agency where P had been approved as suitable to be an adoptive parent by agency A,

unless at least 12 months has elapsed since the adoption order was made in respect of the child.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Adoption agencies operating only for certain purposes E+W

5.   Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 4, 8 and to the extent that it requires consultation with persons in the central list, regulation 7, does not apply to such an agency.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Meetings of adoption panel E+W

6.— (1) No business may be conducted by an adoption panel unless at least the following meet as a panel—

(a) either the person appointed to chair the panel or one of the vice chairs,

(b) one person falling within regulation 3(1)(a),

(c) three, or in the case of an adoption panel constituted under regulation 4(3) four, other members and where the chair is not present and the vice chair is not an independent person, at least one other panel member must be an independent person.

(2) An adoption panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Adoption agency arrangements for adoption work E+W

7.   An adoption agency must, in consultation with such persons in the central list as the agency considers appropriate and, to the extent specified in regulation 8(4) with the agency’s medical adviser, prepare and implement a written policy and procedural instructions governing the exercise of functions of the agency and an adoption panel in relation to adoption and such instructions must be kept under review and, where appropriate, revised by the agency.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Requirement to appoint an agency adviser and a medical adviser E+W

8.— (1) The adoption agency must appoint a senior member of staff, or where adoption agencies agree to constitute joint adoption panels as necessary appoint a senior member of staff of one of them, (referred to in this regulation as the “agency adviser”)—

(a) to assist with the maintenance of the central list and the constitution of adoption panels,

(b) to be responsible for the induction and training of persons in the central list,

(c) to be responsible for liaison between the agency and an adoption panel, monitoring the performance of persons in the central list and members of the adoption panel and the administration of adoption panels, and

(d) to give such advice to an adoption panel as the panel may request in relation to any case or generally.

(2) The agency adviser must be a social worker and have at least five years relevant post – qualification experience and, in the opinion of the adoption agency, relevant management experience.

(3) The adoption agency must appoint at least one registered medical practitioner to be the agency’s medical adviser.

(4) The medical adviser must be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations.

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Advice to adoption panels in adoptions with a foreign element E+W

9.   The adoption agency must ensure that adoption panels are properly advised by an appropriately qualified person in relation to adoptions with a foreign element if such a case is being considered.]

Textual Amendments

F13 Regs. 3-9 substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(2) (with reg. 3)

Establishment of new adoption panels on 30 December 2005 E+W

10.—(1) All members of an adoption panel established before 30 December 2005 (referred to in this regulation as the “old adoption panel”) will cease to hold office on that date.

(2) With effect from 30 December 2005, the adoption agency must establish a new adoption panel in accordance with regulations 3 and 4.

(3) Where a member of an old adoption panel ceases to hold office under paragraph (1) and whether that member’s term of office was extended by the adoption agency in accordance with regulation 5A(1A) of the Adoption Agencies Regulations 1983(7) or in any other case, that member may be appointed as a member of a new adoption panel of the same adoption agency save that their term of office on the new adoption panel must not exceed that permitted by regulation 4 taking account of the term they have already served as a member of the old adoption panel.

Commencement Information

I3 Reg. 10 in force at 30.12.2005, see reg. 1(1)

PART 3 E+W DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

Application of regulations 11 to 20 E+W

11.  Regulations 11 to 20 apply where the adoption agency is considering adoption for a child.

Commencement Information

I4 Reg. 11 in force at 30.12.2005, see reg. 1(1)

Requirement to open child’s case record E+W

12.—(1) The adoption agency must set up a case record in respect of the child and place on it any information obtained and any report, recommendation or decision made by virtue of these Regulations.

(2) Where the child —

(a) is looked after; or

(b) is provided with accommodation under section 59(1) of the 1989 Act (provision of accommodation by voluntary organisations),

the local authority or, as the case may be, the registered adoption society must obtain any information which is required to be obtained by the agency by virtue of this Part, from the records maintained with respect to the child under the 1989 Act [F14 , or the Social Services and Well-being (Wales) Act 2014 (as the case may be)], and place that information on the case record referred to in paragraph (1).

Textual Amendments

F14 Words in reg. 12(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(3)

Commencement Information

I5 Reg. 12 in force at 30.12.2005, see reg. 1(1)

[F15 Duties of adoption agency when a child is to be placed in accordance with section 81(11) of the Social Services and Well-being (Wales) Act 2014 E+W

12A.— (1) This regulation applies where a decision has been made to place a child in accordance with regulation 28 of the Care Planning, Placement and Case Review (Wales) Regulations 2015 (temporary approval of a particular prospective adopter as a foster parent).

(2) The adoption agency must—

(a) notify the prospective adopter in writing of the decision to place the child with the prospective adopter; and

(b) explain the decision to the child in an appropriate manner, having regard to the child’s age and understanding.

(3) For the purposes of this regulation “placed” (“lleoli”) means placed in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014 where a local authority is satisfied, in accordance with section 81(11) of that Act, that the child ought to be placed for adoption with a particular prospective adopter who has been granted temporary approval as a foster parent.]

Textual Amendments

F15 Reg. 12A inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(4)

Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the child E+W

13.—(1) The adoption agency must, so far as is reasonably practicable and in the light of the child’s age and understanding—

(a) provide a counselling service for the child;

(b) explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, their adoption and provide the child with appropriate written information about these matters; and

(c) ascertain the child’s wishes and feelings in relation to—

(i) the possibility of placement with a new family and their adoption;

(ii) their religious and cultural upbringing; and

(iii) contact with their parent, guardian, relative or other significant person.

Commencement Information

I6 Reg. 13 in force at 30.12.2005, see reg. 1(1)

Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others — E+W

14.—(1) The adoption agency must, so far as is reasonably practicable —

(a) provide a counselling service for the parent or guardian of the child;

(b) explain and provide written information to the child’s parent or guardian on the following matters—

(i) the procedure in relation to both placement for adoption and adoption;

(ii) the legal implications of—

(aa) giving consent to placement for adoption under section 19 of the Act (placing children with parental consent);

(bb) giving consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption);

(cc) a placement order; and

(iii) the legal implications of adoption; F16 ...

[F17 (iv) the legal implications of a child being placed in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014 with a particular prospective adopter who has been granted temporary approval as a foster parent following consideration in accordance with section 81(11) of that Act; and]

(c) ascertain the wishes and feelings of the parent or guardian of the child and of any other significant person the agency considers relevant in relation to —

(i) the matters set out in section 1(4)(f)(ii) and (iii) of the Act (matters the agency must have regard to);

(ii) the placement of the child for adoption and their adoption, including any wishes and feelings about the child’s religious and cultural upbringing; and

(iii) contact with the child if the agency is authorised to place the child for adoption or the child is adopted.

[F18 (2) This paragraph applies where the father of the child or the woman who is a parent of the child by virtue of section 43 of the 2008 Act does not have parental responsibility for the child and that person’s identity is known to the adoption agency.]

(3) Where paragraph (2) applies and the adoption agency is satisfied it is appropriate to do so the agency must—

(a) carry out in respect of the father [F19 or woman who is a parent by virtue of section 43 of the 2008 Act] the requirements of paragraph (1)(a), (b)(i), [F20 (iii), and (iv)] and (c) as if they applied to the father [F19 or woman who is a parent by virtue of section 43 of the 2008 Act] and

(b) ascertain so far as possible whether the father [F19 or woman who is a parent by virtue of section 43 of the 2008 Act]—

(i) wishes to acquire parental responsibility for the child under [F21 section 4 or 4ZA] of the 1989 Act (acquisition of parental responsibility)(8); or

(ii) intends to apply for a [F22 child arrangements] order with respect to the child under section 8 of the 1989 Act ([F23 child arrangements orders] and other orders with respect to children) or where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact with children in care).

Textual Amendments

F16 Word in reg. 14(1)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(a)

F17 Reg. 14(1)(b)(iv) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(a)

F18 Reg. 14(2) substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(a) (with Sch. 4)

F19 Words in reg. 14(3) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(b)(i) (with Sch. 4)

F20 Words in reg. 14(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(b)

F21 Words in reg. 14(3)(b)(i) substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(4)(b)(ii) (with Sch. 4)

F22 Words in reg. 14(3)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(2)(a)

F23 Words in reg. 14(3)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(2)(b)

Commencement Information

I7 Reg. 14 in force at 30.12.2005, see reg. 1(1)

Requirement to obtain information (including health information) about the child E+W

15.—(1) The adoption agency must, so far as is reasonably practicable, obtain the information about the child which is specified in Part 1 of Schedule 1.

(2) Subject to paragraph (4), the adoption agency must —

(a) make arrangements for the child to be examined by a registered medical practitioner; and

(b) obtain from that practitioner a written report on the state of the child’s health which must include any treatment which the child is receiving, the child’s needs for health care and the matters specified in Part 2 of Schedule 1,

unless the agency has received advice from the medical adviser that such an examination and report is unnecessary.

(3) Subject to paragraph (4), the adoption agency must make arrangements —

(a) for such other medical and psychiatric examinations of, and other tests on, the child to be carried out as are recommended by the agency’s medical adviser; and

(b) to obtain written reports of such examinations and tests.

(4) Paragraphs (2) and (3) do not apply if the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests.

Commencement Information

I8 Reg. 15 in force at 30.12.2005, see reg. 1(1)

Requirement to obtain information (including health information) about the child’s family E+W

16.—(1) The adoption agency must, so far as is reasonably practicable, obtain the information about the child’s family which is specified in Parts 3 and 4 of Schedule 1.

(2) The adoption agency must, so far as is reasonably practicable, obtain the information about the health of each of the child’s [F24 birth] parents and brothers and sisters which is specified in Part 5 of Schedule 1.

Textual Amendments

F24 Word in reg. 16(2) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 4

Commencement Information

I9 Reg. 16 in force at 30.12.2005, see reg. 1(1)

Requirement to prepare a written report F25 ... E+W

17.—(1) Where the adoption agency consider in light of all the information obtained by virtue of regulations 12 to 16 that adoption is the preferred option for permanence for the child, the agency must prepare a written report which must include —

(a) the information about the child and the child’s family as specified in Parts 1, 3 and 4 of Schedule 1;

(b) a summary, written by the agency’s medical adviser, of the child’s state of health, the child’s health history and any need for health care which might arise in the future;

(c) the wishes and feelings of the child regarding the matters set out in regulation 13(1)(c);

(d) the wishes and feelings of the child’s parent or guardian, and where regulation 14(2) applies, the child’s father [F26 or woman who is a parent of the child by virtue of section 43 of the 2008 Act], and any other person the agency considers relevant, regarding the matters set out in regulation 14(1)(c);

(e) the views of the agency about the child’s need for contact with the child’s parent or guardian or other relative or with any other person the agency considers relevant (including the child’s father [F26 or woman who is a parent of the child by virtue of section 43 of the 2008 Act] where regulation 14(2) applies) and the arrangements the agency proposes to make for allowing any person contact with the child;

(f) an assessment of the child’s emotional and behavioural development and any related needs;

(g) an assessment of the parenting capacity of the child’s parent or guardian, and if regulation 14(2) applies, the child’s father [F26 or woman who is a parent of the child by virtue of section 43 of the 2008 Act];

(h) a chronology of the decisions and actions taken by the agency with respect to the child;

(i) an analysis of the options for the future care of the child which have been considered by the agency and why placement for adoption is considered the preferred option; and

(j) any other information which the agency considers relevant.

[F27 (2) In a case where—

(a) the adoption agency is a local authority and is considering whether the child ought to be placed for adoption, and

(b) either paragraph (2A) or (2B) applies,

the adoption agency may not refer the case to the adoption panel.

(2A) This paragraph applies when—

(a) the child is placed for adoption by the adoption agency or is being provided with accommodation by the local authority;

(b) no adoption agency is authorised to place the child for adoption, and

(c) the child has no parent or guardian, or the agency consider that the conditions in section 31(2) of the 1989 Act are met in relation to the child.

(2B) This paragraph applies where—

(a) an application has been made, and has not been disposed of, on which a care order might be made in respect of the child, or

(b) the child is subject to a care order and the adoption agency are not authorised to place the child for adoption.

(2C) In a case not falling within paragraph (2), the adoption agency must send the information and reports referred to [F28 in paragraph (2D)] to the adoption panel.

(2D) For the purposes of paragraph (2C) and regulation 19(1)(A) the information and reports are—

(i) the written report referred to in regulation 17(1),

(ii) the written report on the state of the child’s health referred to in regulation 15(2)(b), unless the adoption agency has received advice from the medical adviser that such a report is unnecessary, and

(iii) the information relating to the health of the child’s [F29 birth] parents.]

(3) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel and send that information to the panel.

Textual Amendments

F25 Words in reg. 17 heading omitted (1.9.2012) by virtue of The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 6(a)

F26 Words in reg. 17(1)(d)(e)(g) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(5) (with Sch. 4)

F27 Reg. 17(2)-(2D) substituted for reg. 17(2) (1.9.2012) by The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 6(b)

F28 Words in reg. 17(2C) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 5(a)

F29 Word in reg. 17(2D)(iii) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 5(c)

Commencement Information

I10 Reg. 17 in force at 30.12.2005, see reg. 1(1)

Function of the adoption panel in relation to a child referred by the adoption agency E+W

18.—(1) The adoption panel must consider the case of every child referred to it by the adoption agency and make a recommendation to that agency as to whether the child should be placed for adoption.

(2) In considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4), (5) and (6) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and —

(a) must consider and take into account all the information and reports passed to it in accordance with regulation 17;

(b) may request the agency to obtain any other relevant information which the panel considers necessary;

(c) must obtain legal advice as it considers necessary in relation to the case.

(3) Where the adoption panel make a recommendation to the adoption agency that the child should be placed for adoption it must consider and may at the same time give advice to the agency about —

(a) the arrangements the agency proposes to make for allowing any person contact with the child;

(b) where the adoption agency is a local authority, whether an application should be made for a placement order in respect of the child.

Commencement Information

I11 Reg. 18 in force at 30.12.2005, see reg. 1(1)

Adoption agency decision and notification E+W

19.—(1)  [F30 In any case falling within regulation 17(2C)] the adoption agency must —

(a) take into account the recommendation of the adoption panel;

(b) take into account any advice given by the adoption panel in accordance with regulation 18(3); and

(c) have regard to the consideration set out in section 1(2) of the Act

in coming to a decision about whether the child should be placed for adoption.

[F31 (1A) In any case falling within regulation 17(2) the adoption agency must take into account the information and reports referred to in regulation 17(2D), and any other relevant information, in coming to a decision about whether the child ought to be placed for adoption]

(2) No member of the adoption panel may take part in any decision made by the adoption agency under paragraph (1).

(3) The adoption agency must, if their whereabouts are known to the agency, notify its decision about whether the child should be placed for adoption and any decision in relation to contact arrangements in writing to—

(a) the parent or guardian of the child;

[F32 (b) any relative or other significant person whom the agency consulted under regulation 14(1) including-

(i) any person named in a child arrangements order under section 8 of the 1989 Act, as a person with whom the child is to spend time or otherwise have contact, or

(ii) any person in whose favour an order under section 34 of the 1989 Act (parental contact with children in care) has been made,

where such order is in force immediately before the agency is authorised to place the child for adoption]

(c) where regulation 14(2) applies, the father [F33 or woman who is a parent of the child by virtue of section 43 of the 2008 Act]; and

(d) the agency must in an appropriate manner and in the light of the child’s age and understanding explain its decision to the child.

(4) Unless either an application has been made on which a care order might be made in respect of the child which has not been disposed of, or the child is less than 6 weeks old, the agency must ascertain whether the parent or guardian of the child is prepared —

(a) to consent under section 19 of the Act (placing children with parental consent) to the child being placed for adoption with prospective adopters identified in the consent or being placed for adoption with any prospective adopters who may be chosen by the agency; and

(b) at the same time to consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption).

(5) Where the parent or guardian of the child is prepared to consent to the making of a future adoption order under section 20 of the Act, the agency must explain and confirm in writing to the parent or guardian of the child that —

(a) any consent given under section 20 of the Act may be withdrawn but that the withdrawal of consent is ineffective if it is given after an application for an adoption order is made;

(b) notice given to the agency may at the same or any subsequent time state their wish not to be informed of any application for an adoption order; and

(c) such a statement may be withdrawn.

Textual Amendments

F30 Words in reg. 19(1) inserted (1.9.2012) by The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 7(a)

F31 Reg. 19(1A) inserted (1.9.2012) by The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 7(b)

F32 Reg 19(3)(b) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(3)

F33 Words in reg. 19(3)(c) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(6) (with Sch. 4)

Commencement Information

I12 Reg. 19 in force at 30.12.2005, see reg. 1(1)

[F34 Referral to the Adoption Register for Wales - children E+W

19A.— (1) Where an adoption agency—

(a) is authorised to place a child for adoption, and

(b) has not identified particular prospective adopters with whom it is considering placing the child for adoption,

the agency must provide details about the child to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and no later than one month after the date on which the agency was authorised to place the child for adoption.

(2) Where an adoption agency becomes aware of any changes to the details about the child, the agency must notify the organisation which maintains the register of those changes as soon as reasonably practicable.

(3) In paragraph (1), “authorised to place a child for adoption” means either—

(a) authorised to place a child for adoption pursuant to parental consent under section 19 of the Act, or

(b) authorised to place a child for adoption pursuant to a placement order made pursuant to section 21(1) of the Act.]

Textual Amendments

F34 Reg. 19A inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 7

Request to appoint a Welsh family proceedings officer or an officer of CAFCASS E+W

20.—(1) Where the parent or guardian of the child [F35 resides in England and Wales and] is prepared to consent to the placement of the child for adoption under section 19 of the Act (placing children with parental consent) and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption), the adoption agency must request the National Assembly to appoint one of it’s Welsh family proceedings officers(9) or, where the child is ordinarily resident in England, the CAFCASS to appoint one of it’s officers for the purposes of their signification of the consent to placement or adoption and send with that request the information specified in Schedule 2.

(2) The adoption agency must keep on the case record with respect to the child maintained in accordance with regulation 12 —

(a) the consent form duly signed by the parent or guardian and witnessed by the Welsh family proceedings officer or the officer of CAFCASS;

(b) any notice given to the agency under section 20(4)(a) of the Act (statement of a wish not to be informed of any application for an adoption order); and

(c) the withdrawal of any consent or statement given under sections 19 or 20 of the Act.

Textual Amendments

F35 Words in reg. 20(1) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 8

Commencement Information

I13 Reg. 20 in force at 30.12.2005, see reg. 1(1)

[F36 Persons authorised to witness consent to placement for adoption E+W

20A.— (1) Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2.

(2) “Authorised person” for the purposes of this regulation means in relation to a form of consent executed—

(a) in Scotland, a Justice of the Peace or a Sheriff;

(b) in Northern Ireland, a Justice of the Peace;

(c) outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose, a British Consular officer, a notary public or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.]

Textual Amendments

F36 Reg. 20A inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 9

[F37 PART 4 E+W Duties of Adoption Agency in Respect of a Prospective Adopter

Textual Amendments

F37 Pt. 4 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 10 (with reg. 18)

Stage 1 – the pre-assessment process E+W

Registration of interest in adoption E+W

21.   Regulations 22 to 27 apply when a person has notified an adoption agency that they want to adopt a child and the agency has notified that person that it has decided to proceed with the pre-assessment process in respect of that person.

Prospective adopter stage one plan E+W

22.   The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter stage one plan”) which includes the following matters—

(a) information about the counselling, information and preparation for adoption to be provided under regulation 24,

(b) the procedure for carrying out police checks under regulation 25,

(c) details of any training that the prospective adopter has agreed to undertake,

(d) information about the role of the prospective adopter in the stage one process,

(e) any applicable timescales,

(f) information about the process for making a representation (including a complaint) under the 2014 Regulations, and

(g) any other information that the agency considers relevant.

Prospective adopter’s case record E+W

23.— (1) The adoption agency must set up a case record in respect of the prospective adopter (“the prospective adopter’s case record”) and place on that case record—

(a) the prospective adopter stage one plan,

(b) the information and reports obtained by the agency by virtue of this Part,

(c) the prospective adopter assessment plan,

(d) the prospective adopter’s report and the prospective adopter’s observations on that report,

(e) the written record of the proceedings of the adoption panel held under regulation 30A (and where applicable regulation 30B(8)), its recommendation, the reasons for the recommendation and any advice given by the panel to the agency,

(f) the record of the agency’s decision under regulation 30B(1), (6) or as the case may be (9),

(g) where the prospective adopter applied to the Welsh Ministers for a review by an independent review panel, the recommendation of that review panel,

(h) where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report,

(i) the prospective adopter matching plan, and

(j) any other documents or information obtained by the agency which it considers should be included in that case record.

(2) The adoption agency may ask the prospective adopter to provide any further information that the agency may reasonably require.

(3) Where paragraph (1) applies in relation to a couple, the assessment of their suitability to adopt a child must be considered jointly and the agency must set up a single case record.

Requirement to provide counselling, information and preparation for adoption E+W

24.— (1) The adoption agency must—

(a) provide a counselling service for the prospective adopter,

(b) in a section 83 case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, adopting a child from the country from which the prospective adopter wishes to adopt,

(c) in any other case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, placement for adoption and adoption,

(d) provide the prospective adopter with any available information and training materials relating to adopting a child, and

(e) make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.

(2) In paragraph (1)(e), “preparation for adoption” includes the provision of information to the prospective adopter about—

(a) the age range, sex, likely needs and background of children who may be placed for adoption by the adoption agency,

(b) the significance of adoption for a child and the child’s family,

(c) contact between a child and the child’s birth parent or guardian, siblings and other relatives where a child is authorised to be placed for adoption or is adopted,

(d) the skills which are necessary for an adoptive parent,

(e) the perspective of the child and the child’s family on adoption,

(f) the adoption agency’s procedures in relation to the assessment of a prospective adopter and the placement of a child for adoption, and

(g) the procedure in relation to placement for adoption and adoption.

Requirement to carry out police checks E+W

25.— (1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, the adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).

(2) An adoption agency may not consider a prospective adopter suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a) has been convicted of a specified offence committed at the age of 18 or over, or

(b) has been cautioned by a constable in respect of any such offence.

(3) In paragraph (2), “specified offence” means—

(a) an offence against a child;

(b) an offence specified in Part 1 of Schedule 3;

(c) an offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16;

(d) any other offence involving bodily injury to a child, other than an offence of common assault or battery,

and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Courts Services Act 2000, notwithstanding the repeal of that provision, except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was 13 or over at the time the offence was committed.

(4) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—

(a) has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 3 committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence, or

(b) falls within paragraph 2 or 3 of Part 2 of Schedule 3,

notwithstanding that the offences specified in Part 2 of Schedule 3 have been repealed.

(5) Where an adoption agency becomes aware that a prospective adopter or a member of the prospective adopter’s household falls within paragraph (2) or (4), the agency must notify the prospective adopter as soon as possible that they cannot be considered suitable to adopt a child.

Other pre-assessment information E+W

26.   The adoption agency must—

(a) obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4,

(b) obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination which must include the matters specified in Part 2 of Schedule 4 unless such a report has been made within 6 months of the panel’s consideration of the case under regulation 30A and is available to the agency,

(c) obtain a written report of each of the interviews with the persons nominated by the prospective adopter to provide personal references for the prospective adopter,

(d) where the adoption agency considers it necessary, obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner,

(e) where it is not the local authority in whose area the prospective adopter has their home, ascertain whether the local authority in whose area the prospective adopter has their home has any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information, and

(f) where the prospective adopter has their home in the local authority area for less than twelve months, also ascertain whether the local authority in whose area the prospective adopter previously had their home has any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information.

Pre-assessment decision E+W

27.— (1) The adoption agency must, taking into account the information obtained under regulations 25 and 26, decide—

(a) whether the prospective adopter may be suitable to adopt a child, or

(b) whether the prospective adopter is not suitable to adopt a child.

[F38 (1A) If the information required under regulations 25 and 26 has yet to be obtained the adoption agency may decide to proceed as if it has made a decision under paragraph (1)(a).]

(2) Subject to paragraph (3), the agency must [F39 , where reasonably practicable,] make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that it had decided to proceed with the pre-assessment process in accordance with regulation 21.

(3) The adoption agency may delay making the decision under paragraph (1)—

(a) where it is satisfied there are good reasons to do so because, for example, there has been a delay in obtaining information about the prospective adopter, or

(b) upon the request of the prospective adopter.

(4) Where the adoption agency decides that the prospective adopter may be suitable to adopt a child, [F40 or where paragraph (1A) applies,] the agency must—

(a) as soon as practicable, notify the prospective adopter of its decision, and

(b) explain to the prospective adopter that they must [F41 , where reasonably practicable,] notify the adoption agency that they wish to continue with the assessment process within six months of the date on which the notification is given.

(5) Where the adoption agency decides that the prospective adopter is not suitable to adopt a child, the agency must as soon as practicable after making the decision notify the prospective adopter of its decision together with reasons for its decision.

Textual Amendments

F38 Reg. 27(1A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F39 Words in reg. 27(2) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F40 Words in reg. 27(4) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(c)(i) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F41 Words in reg. 27(4)(b) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(c)(ii) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

Stage 2 – the assessment decision E+W

Stage 2 assessment E+W

28.— (1) Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process [F42 within six months from the date on which the agency notified the prospective adopter] [F42 following notification] that they may be suitable to adopt under regulation 27(4) [F43 or where regulation 27(1A) applies].

(2) [F44 This paragraph applies where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process more than six months after being notified in accordance with regulation 27(4).]

(3) [F44 Where paragraph (2) applies, the adoption agency must notify the prospective adopter that the prospective adopter may not proceed with the assessment process unless the pre-assessment process is repeated to the extent the adoption agency considers necessary to determine whether it continues to be satisfied that the prospective adopter may be suitable to adopt a child.]

Textual Amendments

F42 Words in reg. 28(1) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(a)(i) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F43 Words in reg. 28(1) inserted (1.11.2020) by The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(a)(ii) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F44 Reg. 28(2)(3) omitted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

Prospective adopter assessment plan E+W

29.   The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter assessment plan”) which includes the following matters—

(a) the procedure for assessing the prospective adopter’s suitability to adopt a child,

(b) any applicable timescales,

(c) the arrangements for the prospective adopter to receive any additional counselling or preparation for adoption,

(d) details of any training that the prospective adopter has agreed to undertake,

(e) information about the role of the prospective adopter in the assessment process,

(f) information about the process for submitting representations or applying to the Welsh Ministers for a review under regulation 30B(5)(c), and

(g) any other matters which the agency considers relevant.

Prospective adopter’s report E+W

30.— (1) The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4.

(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a) the information about the prospective adopter and the prospective adopter’s family which is specified in Parts 1 and 3 of Schedule 4,

(b) a summary, written by the agency’s registered health practitioner, of the state of health of the prospective adopter,

(c) any relevant information obtained by the agency under regulation [F45 26(e)] [F45 26(e) or (f)];

(d) any observations of the agency on the matters referred to in regulations 24 and 25,

(e) the agency’s assessment of the prospective adopter’s suitability to adopt a child [F46 , and in determining the suitability of a couple to adopt a child the agency must have proper regard to the need for stability and permanence in their relationship], and

(f) any other information which the agency considers relevant.

(3) In a section 83 case, the prospective adopter’s report must also include—

(a) the name of the country from which the prospective adopter wishes to adopt a child (“country of origin”),

(b) confirmation that the prospective adopter meets the eligibility requirements to adopt a child from the country of origin,

(c) any additional information obtained as a consequence of the requirements of the country of origin, and

(d) the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually resident outside the British Islands.

(4) Where the adoption agency receives information under paragraph (1) or other information in relation to the assessment of the prospective adopter which leads to the opinion that the prospective adopter is unlikely to be considered suitable to adopt a child, it may prepare the prospective adopter’s report under paragraph (2) notwithstanding that the agency may not have received all the information about the prospective adopter which may be required by this regulation.

(5) When the adoption agency has prepared the prospective adopter’s report, the agency must—

(a) notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel,

(b) give the prospective adopter a copy of the prospective adopter’s report,

(c) invite the prospective adopter to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is received, and

(d) explain to the prospective adopter that the adoption agency may, in exceptional circumstances, extend the timescale referred to in sub-paragraph (c).

(6) At the end of the 10 working days referred to in paragraph (5)(c) (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received) the adoption agency must submit to the adoption panel—

(a) the prospective adopter’s report and the prospective adopter’s observations,

(b) the written reports and references referred to in regulation [F47 26(b) to (e)] [F47 26(b) to (f)] (but in the case of reports obtained in accordance with regulation 26(b), only if the agency’s registered health practitioner advises it to do so), and

(c) any other relevant information obtained by the agency.

(7) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

Textual Amendments

F45 Words in reg. 30(2)(c) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 5(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F46 Words in reg. 30(2)(e) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/319), regs. 1(2), 2(2)

F47 Words in reg. 30(6)(b) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 5(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

Functions of the adoption panel E+W

30A.— (1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

(2) In considering what recommendation to make the adoption panel—

(a) must consider and take into account all the information and reports passed to it in accordance with regulation 30(6),

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary, and

(c) must obtain legal advice as it considers necessary in relation to the case.

(3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either—

(a) request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2), or

(b) recommend that the prospective adopter is not suitable to adopt a child.

(4) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may also consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs.

(5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption agency decision and notification E+W

30B.— (1) Subject to paragraph (2), the adoption agency must [F48 , where reasonably practicable,] decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the assessment process.

[F49 (1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information required under regulations 25 and 26.]

(2) The adoption agency may delay making the decision under paragraph (1)—

(a) [F50 in a case where the adoption agency considers there are exceptional circumstances which mean it cannot make the decision within that time, or]

(b) upon the request of the prospective adopter.

(3) No member of the adoption panel may take part in any decision made by the adoption agency under paragraph (1).

(4) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify the prospective adopter of its decision.

(5) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must—

(a) notify the prospective adopter that it proposes not to approve the prospective adopter as suitable to adopt a child (“qualifying determination”),

(b) send with that notification its reasons together with a copy of the recommendation of the adoption panel if that recommendation is different, and

(c) advise the prospective adopter that within 40 working days beginning with the date on which the notification was sent the prospective adopter may—

(i) submit any representations the prospective adopter wishes to make to the agency, or

(ii) [F51 subject to paragraph (5A),] apply to the Welsh Ministers for a review by an independent review panel of the qualifying determination.

[F52 (5A) Where regulation 27(1A) applies and the adoption agency considers that the prospective adopter is not suitable to adopt a child because of information obtained under regulation 25 or regulation 26, the prospective adopter may not apply to the Welsh Ministers for a review by an independent review panel of the qualifying determination.]

(6) If, within the period of 40 working days referred to in paragraph (5)(c), the prospective adopter has not made any representations or applied to the Welsh Ministers for a review by an independent review panel, the adoption agency must proceed to make its decision and notify the prospective adopter of its decision together with reasons for that decision.

(7) If, within the period of 40 working days referred to in paragraph (5)(c), the adoption agency receives representations from the prospective adopter, it may refer the case together with all relevant information to the adoption panel for further consideration.

(8) The adoption panel must consider any case referred to it under paragraph (7) and make a new recommendation to the adoption agency as to whether the prospective adopter is suitable to adopt a child.

(9) The adoption agency must make a decision on the case but—

(a) if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel under both paragraph (8) and regulation 30A, or

(b) if the prospective adopter has applied to the Welsh Ministers for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review panel and the recommendation of the adoption panel made under regulation 30A.

(10) As soon as possible after making its decision under paragraph (9), the adoption agency must notify the prospective adopter of its decision, stating its reasons for that decision if they do not consider the prospective adopter suitable to adopt a child, and of the adoption panel’s recommendation under paragraph (8), if this is different from the agency’s decision.

(11) In a case where an independent review panel has made a recommendation, the adoption agency must send to the Welsh Ministers a copy of the notification referred to in paragraph (10).

Textual Amendments

F48 Words in reg. 30B(1) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F49 Reg. 30B(1A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F50 Reg. 30B(2)(a) omitted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(c) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F51 Words in reg. 30B(5)(c)(ii) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(d) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

F52 Reg. 30B(5A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(e) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

Information to be sent to the independent review panel E+W

30C.— (1) If the adoption agency receives notification from the Welsh Ministers that a prospective adopter has applied for a review by an independent review panel of a qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Welsh Ministers the information specified in paragraph (2).

(2) The following information is specified for the purposes of paragraph (1)—

(a) all of the documents and information which were submitted to the adoption panel in accordance with regulation 30,

(b) any other reports or information submitted by the adoption agency to the adoption panel including any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were submitted to the adoption panel, and

(c) the documents referred to in regulation 30B(5)(a) and (b).

Review and termination of approval E+W

30D.— (1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

(a) a child is placed for adoption with the prospective adopter or the agency is considering placing a child with the prospective adopter in accordance with regulations 32 to 34, or

(b) in a section 83 case, the prospective adopter has visited the child in the country in which the child is habitually resident and has confirmed in writing that they wish to proceed with the adoption.

(2) A review must take place not more than one year after approval and thereafter whenever the adoption agency considers it necessary, but at intervals of not more than one year.

(3) When undertaking such a review the adoption agency must—

(a) make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a child, and

(b) seek and take into account the views of the prospective adopter.

(4) As part of each review, the adoption agency must consider—

(a) why no child has yet been placed with the prospective adopter,

(b) any arrangements for the provision of adoption support services and whether they should continue or be modified,

(c) where a child placed for adoption with the prospective adopter is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the reasons for the child’s return, and

(d) whether the prospective adopter is still suitable to adopt a child.

(5) The adoption agency must—

(a) set out in writing the arrangements governing the manner in which the review of a prospective adopter is to be carried out and must draw the written arrangements to the attention of—

(i) the prospective adopter, and

(ii) any other person the agency considers relevant;

(b) ensure that—

(i) the information obtained in respect of the prospective adopter,

(ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review, and

(iii) details of any decision made in the course of or as a result of the review,

are recorded in writing and placed on the prospective adopter’s case record.

(6) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must—

(a) prepare a written report (“the prospective adopter’s review report”) which includes—

(i) the information obtained on the matters referred to in paragraphs (3) and (4),

(ii) the agency’s reasons, and

(iii) any other information which the agency considers relevant,

(b) notify the prospective adopter that the case is to be referred to the adoption panel, and

(c) give the prospective adopter a copy of the report and invite the prospective adopter to send any observations to the agency within 10 working days beginning with the date on which that report is given to the prospective adopter.

(7) At the end of the period of 10 working days referred to in paragraph (6)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must send the prospective adopter’s review report together with the prospective adopter’s observations, if any, to the adoption panel.

(8) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

(9) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations, if any, and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

(10) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 30B(2) to (11) apply in relation to that decision by the agency.

Duties of the adoption agency in a section 83 case E+W

30E.   Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Welsh Ministers—

(a) written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background,

(b) all the documents and information which were passed to the adoption panel in accordance with regulation 30,

(c) the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation,

(d) if the prospective adopter applied to the Welsh Ministers for a review by an independent review panel of a qualifying determination, the record of the proceedings of that panel, its recommendation and the reasons for its recommendation, and

(e) any other information relating to the case which the Welsh Ministers or the relevant foreign authority may require.

Application of Part 4 with modifications to specified persons E+W

30F.— (1) This paragraph applies where the adoption agency is satisfied that the prospective adopter—

(a) is an approved foster parent, or

(b) has, at any time, adopted a child—

(i) in England and Wales, after having been assessed as suitable to adopt in accordance with these Regulations or the Adoption Agencies Regulations 2005, or

(ii) after having been assessed as suitable to adopt in accordance with the Adoptions with a Foreign Element Regulations 2005 (“the 2005 Regulations”).

(2) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

(3) Where the prospective adopter is an approved foster parent and consents, the adoption agency may request access to any relevant records compiled in relation to that approval by the fostering services provider.

(4) In this regulation, “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 but does not include a person with whom a child is placed under regulation 26 (temporary approval of a relative, friend or other person connected with C) or 28 (temporary approval of a particular prospective adopter as a foster parent) of the Care Planning, Placement and Case Review (Wales) Regulations 2015.

Referral to the Adoption Register for Wales – prospective adopters E+W

30G.— (1) Where paragraph (2) applies, the adoption agency must provide details about the prospective adopter to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and in any event no later than one month after the determination referred to in paragraph (2)(a).

(2) Other than in a section 83 case, this paragraph applies where—

(a) an adoption agency has, in accordance with regulation 30B, determined that a prospective adopter is suitable to adopt a child,

(b) the agency has not identified a particular child who it is considering placing with that prospective adopter, and

(c) the agency has obtained the consent of the prospective adopter.

Prospective adopter matching plan E+W

31.   Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes—

(a) information about the duties of the adoption agency under Parts 5 and 6,

(b) information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter,

(c) information about the process for making a representation (including a complaint) under the 2014 Regulations, and

(d) any other matters that the agency considers relevant.]

PART 5 E+W DUTIES OF ADOPTION AGENCY IN RESPECT OF PROPOSED PLACEMENT OF CHILD WITH PROSPECTIVE ADOPTER

Proposed placement E+W

32.—(1) Where the adoption agency is considering placing a child for adoption with a particular prospective adopter (in this regulation referred to as “the proposed placement”) the agency must —

(a) provide the prospective adopter with a report about the child which must include the information set out in Schedule 5 and any other information which the agency considers relevant;

(b) meet with the prospective adopter to discuss the proposed placement;

(c) ascertain the views of the prospective adopter about —

(i) the proposed placement;

(ii) the child’s assessed needs for adoption support services and the adoption support plan;

(iii) the arrangements the agency proposes to make for allowing any person contact with the child; and

where applicable, any restriction in the exercise of their parental responsibility.

(d) provide a counselling service for, and any further information to, the prospective adopter as may be required.

(2) Where the procedures set out in paragraph (1) have been followed and the prospective adopter has confirmed to the agency in writing their agreement to the proposed placement, the agency must, in such cases as it considers appropriate and so far as is reasonably practicable in the light of the child’s age and understanding, counsel the child and tell the child about the prospective adopters, their family circumstances and home environment and ascertain the child’s views about the proposed placement, contact arrangements and any restriction of the prospective adopter’s parental responsibility.

(3) Where the adoption agency considers that the proposed placement should proceed the agency must —

(a) where the agency is a local authority, carry out an assessment of the needs of the child and the prospective adoptive family for adoption support services in accordance with regulations made under section 4(6) of the Act;

(b) consider the arrangements for allowing any person contact with the child;

(c) consider whether the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to any extent;

(d) prepare a written report which must include —

(i) the agency’s reasons for proposing the placement;

(ii) the information obtained by virtue of paragraphs (1) and (2);

(iii) where the agency is a local authority, its proposals for the provision of adoption support services, if any, in accordance with regulations made under section 4(6) of the Act;

(iv) the arrangements the agency propose to make for allowing any person contact with the child;

(v) the agency’s proposals for restricting the parental responsibility of any parent or guardian, or prospective adopter; and

(vi) any other information relevant to the proposed placement.

(4) The adoption agency must notify the prospective adopter that the proposed placement is to be referred to the adoption panel and send the prospective adopter a copy of the agency’s report referred to in paragraph (3) and invite any observations on the report to be sent in writing to the agency within 10 working days, beginning with the date on which the notification was sent.

(5) At the end of the period of 10 working days referred to in paragraph (4) (or earlier if observations are received before the 10 working days have expired) the adoption agency must send —

(a) the report referred to in paragraph (3);

(b) the report referred to in regulation 17;

(c) the report referred to in regulation 26 and any observations made by the prospective adopter on that report;

(d) any other relevant information obtained by the agency under this regulation

to the adoption panel.

(6) The adoption agency may only refer to the adoption panel its proposal to place a child for adoption with a particular prospective adopter if any other adoption agency which has made a decision in accordance with these Regulations that the child should be placed for adoption, or that the prospective adopter is suitable to adopt a child, has been consulted about the proposed placement.

(7) Where the adoption agency proposes to place a child for adoption with a particular prospective adopter the agency must set up case records in any case where it has not already set up such records and place on the appropriate record any information, report, recommendation or decision referred to it by another adoption agency together with any other information to be sent to the adoption panel by virtue of this regulation in respect of them.

(8) The adoption agency must obtain so far as is reasonably practicable any other relevant information which may be requested by the adoption panel in connection with the proposed placement and send that information to the panel.

Commencement Information

I14 Reg. 32 in force at 30.12.2005, see reg. 1(1)

Function of the adoption panel in relation to the proposed placement E+W

33.—(1) The adoption panel must consider the proposed placement referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.

(2) In considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4) and (5) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and —

(a) must consider and take into account all information and the reports passed to it in accordance with regulation 32;

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary; and

(c) must obtain legal advice as it considers necessary in relation to the case.

(3) The adoption panel must also consider and, where the panel makes a recommendation to the agency that the child should be placed for adoption with that particular prospective adopter, the panel may consider and at the same time give advice to the adoption agency about —

(i) where the adoption agency is a local authority, the authority’s proposals for the provision of adoption support services;

(ii) the arrangements the adoption agency proposes to make for allowing any person contact with the child;

(iii) whether an application should be made for a placement order; and

(iv) where the agency is authorised to place the child for adoption whether it considers any person’s parental responsibility should be restricted and, if so, the extent of any such restriction.

(4) The adoption panel may only make the recommendation in paragraph (1) if —

(a) that recommendation is to be made at the same meeting of the adoption panel at which a recommendation has been made that the child should be placed for adoption; or

(b) the adoption agency or another adoption agency has made a decision in accordance with regulation 19 that the child should be placed for adoption;

and in either case that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to adopt a child or the adoption agency, or another adoption agency, has made a decision in accordance with [F53 regulation 30B] that the prospective adopter is suitable to adopt a child.

Textual Amendments

F53 Words in reg. 33(4) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 11

Commencement Information

I15 Reg. 33 in force at 30.12.2005, see reg. 1(1)

Adoption agency’s decision in relation to the proposed placement E+W

34.—(1) The adoption agency must —

(a) take into account the recommendation of the adoption panel;

(b) take into account any advice given by the adoption panel in accordance with regulation 33(3); and

(c) have regard to the consideration set out in section 1(2) of the Act,

in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter.

(2) No member of the adoption panel is to take part in any decision made by the adoption agency under paragraph (1).

(3) As soon as possible after making its decision the adoption agency must notify the prospective adopter in writing of its decision about the proposed placement, contact arrangements and the restriction of any person’s parental responsibility.

(4) As soon as possible after making its decision, the agency must notify in writing —

(a) the parent or guardian, if their whereabouts are known to the agency; and

(b) where regulation 14(2) applies, the father of the child, [F54 or woman who is a parent of the child by virtue of section 43 of the 2008 Act,]

of its decision.

(5) Where the adoption agency decides the proposed placement should proceed the agency must, in an appropriate manner and in the light of the child’s age and understanding, explain its decision to the child.

Textual Amendments

F54 Words in reg. 34(4)(b) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(7) (with Sch. 4)

Commencement Information

I16 Reg. 34 in force at 30.12.2005, see reg. 1(1)

Function of the adoption agency in a section 83 case E+W

35.—(1) This paragraph applies where in a section 83 case the adoption agency receives from the relevant foreign authority information about a child to be adopted by a prospective adopter whom the agency has approved as suitable to adopt a child.

(2) Where paragraph (1) applies, the adoption agency must —

(a) send a copy of the information referred to in paragraph (1) to the prospective adopter unless it is aware that the prospective adopter has received a copy;

(b) consider that information;

(c) meet with the prospective adopter to discuss the information; and

(d) if appropriate, provide a counselling service for, and any further information to, the prospective adopter as may be required.

Commencement Information

I17 Reg. 35 in force at 30.12.2005, see reg. 1(1)

PART 6 E+W PLACEMENTS AND REVIEWS

Requirements imposed on the adoption agency before the child is placed for adoption with prospective adopter E+W

36.—(1) This paragraph applies where the adoption agency —

(a) has decided in accordance with regulation 34 to place a child for adoption with a particular prospective adopter; and

(b) has met with the prospective adopter to consider the arrangements it proposes to make for placing the child with him.

(2) Where paragraph (1) applies, the adoption agency must, at least 7 days before the child is placed with the prospective adopter, provide the prospective adopter with a placement plan in respect of the child which covers the matters specified in Schedule 6 (“the placement plan”).

(3) Where paragraph (1) applies and the child already lives with the prospective adopter, the adoption agency must provide the prospective adopter with the placement plan in respect of the child within 7 days of its decision to place the child for adoption with the prospective adopter.

(4) Where paragraph (1) applies, the adoption agency must, before the child is placed for adoption with the prospective adopter—

(a) notify the prospective adopter’s general practitioner in writing of the proposed placement and send with that notification a written report of the child’s health history and current state of health;

(b) notify the local authority (if that authority is not the adoption agency) and Local Health Board or [F55 integrated care board] (England) in whose area the prospective adopter resides in writing of the proposed placement [F56 and include in the notification to the local authority information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under the Education Act 1996];

[F57 (ba) if the prospective adopter resides in England, notify [F58 NHS England] in writing of the proposed placement.]

F59 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The adoption agency must notify the prospective adopter in writing of any change to the placement plan.

(6) Where paragraph (1) applies the adoption agency must, before the child is placed for adoption with the prospective adopter, arrange for the prospective adopter to meet the child and following that meeting counsel the prospective adopter and, so far as is reasonably practicable in the light of the child’s age and understanding, the child about the prospective placement.

(7) Where, following the procedures referred to in paragraph (6) the prospective adopter confirms in writing their wish to proceed with the placement and the agency is authorised to place the child for adoption or the child is less than 6 weeks old, the adoption agency may place the child for adoption with the prospective adopter.

(8) Where the child already lives with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed there for adoption by the agency.

Textual Amendments

F55 Words in reg. 36(4)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 22(2)

F56 Words in reg. 36(4)(b) added (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 13(2)

F57 Reg. 36(4)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 83(1)(b)

F58 Words in reg. 36(4)(ba) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 11(2)

F59 Reg. 36(4)(c) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 13(3)

Commencement Information

I18 Reg. 36 in force at 30.12.2005, see reg. 1(1)

Reviews E+W

37.—(1) This paragraph applies where the adoption agency is authorised to place a child for adoption but the child has not been placed for adoption.

(2) This paragraph applies where a child is placed for adoption.

(3) Where paragraph (1) applies, the adoption agency must carry out a review of the child’s case —

(a) not more than three months after the date on which the agency first has authority to place; and

(b) thereafter not more than six months after the date of the previous review (“six months review”),

until the child is placed for adoption.

(4) Where paragraph (2) applies, the adoption agency must carry out a review of the child’s case —

(a) not more than four weeks after the date on which the child is placed for adoption (“the first review”);

(b) no more than three months after the first review; and

(c) thereafter not more than six months after the date of the previous review,

unless the child is returned to the agency by the prospective adopter or an adoption order is made.

(5) Where paragraph (2) applies, the adoption agency must —

(a) ensure the child and the prospective adopter are visited within one week of the placement and thereafter at least once a week until the first review and thereafter at such frequency as the agency decide at each review;

(b) ensure that written reports are made of such visits; and

(c) provide such advice and assistance to the prospective adopter as the agency considers necessary.

(6) When carrying out a review the adoption agency must visit the child and so far as reasonably practicable ascertain the views of —

(a) the child in the light of the child’s age and understanding;

(b) if the child is placed for adoption, the prospective adopter; and

(c) any other person the agency considers relevant,

in relation to each of the matters set out in paragraph (7)(a) to (f).

(7) As part of each review the adoption agency must consider—

(a) whether placed or not, whether the adoption agency remain satisfied that the child should still be placed for adoption;

(b) the child’s needs, welfare, progress and development, and whether any changes need to be made to meet the child’s needs or assist the child’s development;

(c) the existing arrangements for contact, and whether they should continue or be modified;

(d) where the child is placed for adoption the arrangements in relation to the exercise of parental responsibility for the child, and whether they should continue or be modified;

(e) the existing arrangements for the provision of adoption support services and whether there should be any re-assessment of the need for those services;

(f) in consultation with the appropriate agencies, the arrangements for assessing and meeting the child’s health care needs and educational needs;

(g) subject to paragraphs (3) and (4) the frequency of the reviews.

(8) Where the child is subject to a placement order and has not been placed for adoption at the time of the first six months review, the local authority must at that review —

(a) establish why the child has not been placed for adoption and consider what further steps the authority should take in relation to the placement of the child for adoption; and

(b) in light of that, consider whether it remains satisfied that the child should be placed for adoption.

(9) The adoption agency must —

(a) set out in writing the arrangements governing the manner in which the case of each child is to be reviewed and must draw the written arrangements to the attention of —

(i) the child where reasonably practicable in the light of the child’s age and understanding;

(ii) the prospective adopter; and

(iii) any other person the agency considers relevant.

(b) ensure that —

(i) the information obtained in respect of a child’s case including the ascertainable wishes and feelings of the child;

(ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review of the case; and

(iii) details of any decision made in the course of or as a result of the review (including as to frequency of visits),

are recorded in writing and placed on the child’s case record.

(10) The adoption agency must, so far as is reasonably practicable, notify —

(a) the child where it considers the child is of sufficient age and understanding;

(b) the prospective adopter; and

(c) any other person whom it considers ought to be notified

of the outcome of the review and of any decision taken by it in consequence of the review.

(11) Where the child is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the agency must conduct a review of the child’s case as soon as reasonably practicable and in any event no later than 28 days after the date on which the child is returned to the agency.

Commencement Information

I19 Reg. 37 in force at 30.12.2005, see reg. 1(1)

Independent reviewing officers E+W

38.—(1) An adoption agency which is a local authority or a registered adoption society which is a voluntary organisation which provides accommodation for a child, must appoint a person (“the independent reviewing officer”) in respect of the case of each child authorised to be placed for adoption by the agency to carry out the functions mentioned in [F60 section 100 of the Social Services and Well-being (Wales) Act 2014].

(2) The independent reviewing officer must have significant experience in social work and hold a Diploma in Social Work or a Social Work Degree or an equivalent qualification recognised by [F61 Social Care Wales].

(3) Where the independent reviewing officer is an employee of the adoption agency the independent reviewing officer’s post within that agency must not be under the direct management of —

(a) a person involved in the management of the case;

(b) a person with management responsibilities in relation to a person mentioned in sub-paragraph (a); or

(c) a person with control over the resources allocated to the case.

(4) The independent reviewing officer must, as far as reasonably practicable chair any meeting held in connection with the review of the child’s case.

(5) The independent reviewing officer must, as far as is reasonably practicable, take steps to ensure that the review is conducted in accordance with regulation 37 and in particular to ensure —

(a) that the child’s views are understood and taken into account;

(b) that the persons responsible for implementing any decision taken in consequence of the review are identified; and

(c) that any failure to review the case in accordance with regulation 37 or to take proper steps to make or carry out arrangements agreed at the review is brought to the attention of persons at an appropriate level of seniority within the agency.

(6) If the child whose case is reviewed wishes to take proceedings under the Act on his own account, for example, to apply to the court for revocation of a placement order, it is the function of the independent reviewing officer—

(a) to assist the child to obtain legal advice; or

(b) to establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child’s behalf.

(7) The adoption agency must inform the independent reviewing officer of—

(a) any significant failure to make or to carry out arrangements in accordance with a review;

(b) any significant change of circumstances occurring after the review that affects those arrangements.

Textual Amendments

F60 Words in reg. 38(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(6)

F61 Words in reg. 38(2) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 11(3)

Commencement Information

I20 Reg. 38 in force at 30.12.2005, see reg. 1(1)

Withdrawal of consent E+W

39.—(1) This paragraph applies where consent under section 19, or section 19 and 20, of the Act in respect of a child is withdrawn in accordance with section 52(8) of the Act.

(2) Where paragraph (1) applies and the adoption agency is a local authority, on receipt of the form or notice given in accordance with section 52(8) of the Act, the authority must immediately review its decision to place the child for adoption and where, in accordance with section 22(1) or (2) of the Act, the authority decides to apply for a placement order in respect of the child, it must immediately notify —

(a) the parent or guardian;

(b) if regulation 14(2) applies, the child’s father [F62 or woman who is a parent of the child by virtue of section 43 of the 2008 Act]; and

(c) if the child is placed for adoption, the prospective adopter with whom the child is placed.

(3) Where paragraph (1) applies and the adoption agency is a registered adoption society, the agency must immediately consider whether it is appropriate to inform the local authority in whose area the child is living.

Textual Amendments

F62 Words in reg. 39(2)(b) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(8) (with Sch. 4)

Commencement Information

I21 Reg. 39 in force at 30.12.2005, see reg. 1(1)

PART 7 E+W RECORDS

Storage of case records E+W

40.  The adoption agency must ensure that the case record set up in accordance with regulation 12 or 22 in respect of a child or prospective adopter and the contents of that case record are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of, or damage to, the case record or its contents.

Commencement Information

I22 Reg. 40 in force at 30.12.2005, see reg. 1(1)

Preservation of case records E+W

41.  Where an adoption order is made in relation to a child the adoption agency must keep all case records set up in accordance with regulations 12 or 22 for at least 100 years. In any other case the agency must keep the case records for such period as it considers appropriate.

Commencement Information

I23 Reg. 41 in force at 30.12.2005, see reg. 1(1)

Confidentiality of case records E+W

42.  Subject to regulation 43, any information obtained or reports, recommendations or decisions made by virtue of these Regulations must be treated by the adoption agency as confidential.

Commencement Information

I24 Reg. 42 in force at 30.12.2005, see reg. 1(1)

Access to case records and disclosure of information E+W

43.—(1) Subject to paragraph (3), the adoption agency must provide such access to its case records and disclose such information in its possession, as may be required —

(a) to those holding an inquiry under section 81 of the 1989 Act (inquiries) or section 17 of the Act (inquiries) for the purposes of such an inquiry;

(b) to the National Assembly for Wales;

(c) subject to the provisions of section 74(5) of the Care Standards Act 2000 (disclosure), to the Children’s Commissioner for Wales for the purposes of any examination conducted in accordance with Part V of that Act;

(d) subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), to the Commission for Local Administration in Wales, for the purposes of any investigation conducted in accordance with Part III of that Act;

(e) to any person appointed by the adoption agency for the purposes of the consideration by the agency of any representations (including complaints);

(f) to the persons and authorities by and to the extent specified in these Regulations;

(g) to a Welsh family proceedings officer or an officer of the CAFCASS for the purposes of the discharge of the officer’s duties under the Act;

(h) to a court having power to make an order under the Act or the 1989 Act [F63 ;]

[F64 (i) to a fostering service provider within fifteen working days of a request under regulation 7(2)(f) of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018.]

(2) Subject to paragraph (3), the adoption agency may provide such access to its case records and disclose such information in its possession as it thinks fit for the purposes of carrying out its functions as an adoption agency.

(3) A written record must be kept by the adoption agency of any access provided or disclosure made by virtue of this regulation.

Textual Amendments

F63 Reg. 43(1)(h): semicolon substituted for full stop (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 12(a)

F64 Reg. 43(1)(i) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 12(b)

Commencement Information

I25 Reg. 43 in force at 30.12.2005, see reg. 1(1)

Transfer of case records E+W

44.—(1) Subject to paragraph (4), the adoption agency may transfer a copy of a case record (or part thereof) to another adoption agency when it considers this to be in the interests of a child or prospective adopter to whom the record relates, and a written record must be kept of any such transfer.

(2) Subject to paragraph (4) a registered adoption society which intends to cease to act or exist as such must forthwith either transfer its case records to another adoption agency having first obtained the registration authority’s approval for such transfer, or transfer its case records —

(a) to the local authority in whose area the society’s principal office is situated; or

(b) in the case of a society which amalgamates with another registered adoption society to form a new registered adoption society, to the new body.

(3) Where a registered adoption society intends to cease to provide for the adoption of children but is registered to provide adoption support services it may retain all its case records having first obtained the registration authority’s approval in writing for such retention.

(4) The adoption agency to which case records are transferred by virtue of paragraph (2)(a) or (b) must notify the registration authority in writing of such transfer.

Commencement Information

I26 Reg. 44 in force at 30.12.2005, see reg. 1(1)

Application of regulations 41 to 43 E+W

45.  Regulations 41 to 43 do not apply to case records which are subject to the regulations made under sections 56 to 68 of the Act.

Commencement Information

I27 Reg. 45 in force at 30.12.2005, see reg. 1(1)

PART 8 E+W MISCELLANEOUS

Modification of the 1989 Act in relation to adoption E+W

46.—F65 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This paragraph applies where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than 6 weeks old.

(4) Where paragraph (3) applies —

(a) section 61(2)(a) of the 1989 Act is to have effect in relation to the child whether or not he is accommodated by or on behalf of the society;

(b) section 61(2)(b) of the 1989 Act shall not apply;

(c) section 61(2)(c) of the 1989 Act shall apply as if for that sub-paragraph there were inserted “(c) any prospective adopter with whom the registered adoption society has placed the child for adoption.”.

Textual Amendments

F65 Reg. 46(1)(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(7)

Commencement Information

I28 Reg. 46 in force at 30.12.2005, see reg. 1(1)

[F66 Modification of the Social Services and Well-being (Wales) Act 2014 in relation to adoption E+W

46A.— (1) This paragraph applies where–

(a) a local authority is authorised to place a child for adoption; or

(b) a child who has been placed for adoption by a local authority is less than six weeks old.

(2) Where paragraph (1) applies—

(a) section 6(4)(b) of the Social Services and Well-being (Wales) Act 2014 applies as if the reference to persons with parental responsibility for the child were a reference to any prospective adopter with whom the local authority has placed the child for adoption; and

(b) section 95 of and paragraph 1 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 do not apply.]

Textual Amendments

F66 Reg. 46A inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(8)

Contact E+W

47.—(1) Where the adoption agency has decided under section 27(2) of the Act to refuse to allow the contact that would otherwise be required by virtue of an order under section 26 of the Act, the agency must, as soon as the decision is made, notify the persons specified in paragraph (4) in writing of those parts of the information specified in paragraph (5) as the agency considers those persons need to know.

(2) The terms of an order under section 26 of the Act may be departed from by agreement between the adoption agency and any person for whose contact with the child the order provides in the following circumstances and subject to the following conditions —

(a) where the child is of sufficient age and understanding, subject to the child’s agreement;

(b) where the child is placed for adoption, subject to prior consultation with the prospective adopter with whom the child is placed for adoption; and

(c) written notification by the agency to the persons specified in paragraph (4) of those parts of the information specified in paragraph (5) as the agency considers those persons need to know, within seven days of the agreement to depart from the terms of the order.

(3) Where the adoption agency varies or suspends any arrangements made (otherwise than under an order under section 26 of the Act) with a view to allowing any person contact with the child, the agency must notify the persons specified in paragraph (4) in writing of those parts of the information specified in paragraph (5) as the agency considers those persons need to know.

(4) The following persons are specified for the purposes of paragraphs (1) and (2) —

(a) the child, if the adoption agency considers the child is of sufficient age and understanding;

(b) the child’s parents;

(c) any guardian of the child;

(d) any person for whose contact with the child the order under section 26 of the Act provides;

(e) any person the agency allowed contact with the child;

(f) if the child is placed for adoption, the prospective adopter;

(g) any other person whose wishes and feelings the agency consider to be relevant.

(5) The following information is specified for the purposes of paragraphs 1, 2 and 3 —

(a) adoption agency’s decision;

(b) date of the decision;

(c) reasons for the decision;

(d) duration (if applicable).

Commencement Information

I29 Reg. 47 in force at 30.12.2005, see reg. 1(1)

Revocation E+W

48.  The Adoption of Children from Overseas (Wales) Regulations 2001(10), the Adoption of Children from Overseas (Wales) (Amendment) Regulations 2003(11) and The Adoption Agencies (Amendment) (Wales) Regulations 2003(12) are hereby revoked.

Commencement Information

I30 Reg. 48 in force at 30.12.2005, see reg. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(13)

D. Elis Thomas

The Presiding Officer of the National Assembly

10 May 2005

SCHEDULE 1 E+W

Regulation 15(1)

PART 1 E+W INFORMATION ABOUT THE CHILD

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

Commencement Information

I31 Sch. 1 Pt. 1 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  A photograph and physical description. E+W

Commencement Information

I32 Sch. 1 Pt. 1 para. 2 in force at 30.12.2005, see reg. 1(1)

3.  Nationality(14). E+W

Commencement Information

I33 Sch. 1 Pt. 1 para. 3 in force at 30.12.2005, see reg. 1(1)

4.  Racial origin and cultural and linguistic background. E+W

Commencement Information

I34 Sch. 1 Pt. 1 para. 4 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I35 Sch. 1 Pt. 1 para. 5 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I36 Sch. 1 Pt. 1 para. 6 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I37 Sch. 1 Pt. 1 para. 7 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I38 Sch. 1 Pt. 1 para. 8 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I39 Sch. 1 Pt. 1 para. 9 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I40 Sch. 1 Pt. 1 para. 10 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I41 Sch. 1 Pt. 1 para. 11 in force at 30.12.2005, see reg. 1(1)

12.  The educational history of the child including— E+W

(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.

Commencement Information

I42 Sch. 1 Pt. 1 para. 12 in force at 30.12.2005, see reg. 1(1)

13.  Information about— E+W

(a) the child’s relationship with —

(i) the child’s parent or guardian and, where regulation 14(2) applies, the child’s father [F67 or woman who is a parent of the child by virtue of section 43 of the 2008 Act];

(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.

Textual Amendments

F67 Words in Sch. 1 Pt. 1 para. 13(a)(i) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(9) (with Sch. 4)

Commencement Information

I43 Sch. 1 Pt. 1 para. 13 in force at 30.12.2005, see reg. 1(1)

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 [F68 or woman who is a parent of the child by virtue of section 43 of the 2008 Act], and any relative, friend or other person. E+W

Textual Amendments

F68 Words in Sch. 1 Pt. 1 para. 14 inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(9) (with Sch. 4)

Commencement Information

I44 Sch. 1 Pt. 1 para. 14 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I45 Sch. 1 Pt. 1 para. 15 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I46 Sch. 1 Pt. 1 para. 16 in force at 30.12.2005, see reg. 1(1)

Regulation 15(2)

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

1.  Name, date of birth, gender, weight and height. E+W

Commencement Information

I47 Sch. 1 Pt. 2 para. 1 in force at 30.12.2005, see reg. 1(1)

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

(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.

Commencement Information

I48 Sch. 1 Pt. 2 para. 2 in force at 30.12.2005, see reg. 1(1)

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

(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.

Commencement Information

I49 Sch. 1 Pt. 2 para. 3 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I50 Sch. 1 Pt. 2 para. 4 in force at 30.12.2005, see reg. 1(1)

Regulation 16(1)

PART 3 E+W INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

Information about each parent of the child (both [F69 birth] and adoptive) including a father [F70 or woman who is a parent by virtue of section 43 of the 2008 Act] who does not have parental responsibility for the child E+W

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

Textual Amendments

F69 Word in Sch. 1 Pt. 3 para. 1 heading substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(a)

F70 Words in Sch. 1 Pt. 1 para. 1 heading inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(10)(a) (with Sch. 4)

Commencement Information

I51 Sch. 1 Pt. 3 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  A photograph, if available, and physical description. E+W

Commencement Information

I52 Sch. 1 Pt. 3 para. 2 in force at 30.12.2005, see reg. 1(1)

3.  Nationality(15). E+W

Commencement Information

I53 Sch. 1 Pt. 3 para. 3 in force at 30.12.2005, see reg. 1(1)

4.  Racial origin and cultural and linguistic background. E+W

Commencement Information

I54 Sch. 1 Pt. 3 para. 4 in force at 30.12.2005, see reg. 1(1)

5.  Religious persuasion, if any. E+W

Commencement Information

I55 Sch. 1 Pt. 3 para. 5 in force at 30.12.2005, see reg. 1(1)

6.  A description of their personality and interests. E+W

Commencement Information

I56 Sch. 1 Pt. 3 para. 6 in force at 30.12.2005, see reg. 1(1)

Information about the child’s brothers and sisters E+W

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

Commencement Information

I57 Sch. 1 Pt. 3 para. 7 in force at 30.12.2005, see reg. 1(1)

8.  A photograph, if available, and physical description. E+W

Commencement Information

I58 Sch. 1 Pt. 3 para. 8 in force at 30.12.2005, see reg. 1(1)

9.  Nationality(16). E+W

Commencement Information

I59 Sch. 1 Pt. 3 para. 9 in force at 30.12.2005, see reg. 1(1)

10.  Address, if appropriate. E+W

Commencement Information

I60 Sch. 1 Pt. 3 para. 10 in force at 30.12.2005, see reg. 1(1)

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

(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.

Commencement Information

I61 Sch. 1 Pt. 3 para. 11 in force at 30.12.2005, see reg. 1(1)

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

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

Commencement Information

I62 Sch. 1 Pt. 3 para. 12 in force at 30.12.2005, see reg. 1(1)

13.  Nationality(17). E+W

Commencement Information

I63 Sch. 1 Pt. 3 para. 13 in force at 30.12.2005, see reg. 1(1)

14.  Address, if appropriate. E+W

Commencement Information

I64 Sch. 1 Pt. 3 para. 14 in force at 30.12.2005, see reg. 1(1)

Family history and relationships E+W

[F71 15.   Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership.

Textual Amendments

F71 Sch. 1 Pt. 3 paras. 15, 15A substituted for Sch. 1 Pt. 3 para. 15 (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 76(1)

15A.   Whether—

(a) if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or

(b) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.]

Textual Amendments

F71 Sch. 1 Pt. 3 paras. 15, 15A substituted for Sch. 1 Pt. 3 para. 15 (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 76(1)

[F72 16.   Where the child’s parents are not married or parties to a civil partnership, whether the father or woman who is a parent of the child by virtue of section 43 of the 2008 Act has parental responsibility for the child and if so, how it was acquired.] E+W

Textual Amendments

F72 Sch. 1 Pt. 3 para. 16 substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(10)(b) (with Sch. 4)

Commencement Information

I65 Sch. 1 Pt. 3 para. 16 in force at 30.12.2005, see reg. 1(1)

[F73 17.   If the identity or whereabouts of the child’s father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act are not known, the information about him or her that has been ascertained and from whom, and the steps that have been taken to establish parentage.] E+W

Textual Amendments

F73 Sch. 1 Pt. 3 para. 17 substituted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(10)(c) (with Sch. 4)

Commencement Information

I66 Sch. 1 para. 17 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I67 Sch. 1 para. 18 in force at 30.12.2005, see reg. 1(1)

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). E+W

Commencement Information

I68 Sch. 1 para. 19 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I69 Sch. 1 para. 20 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I70 Sch. 1 para. 21 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I71 Sch. 1 para. 22 in force at 30.12.2005, see reg. 1(1)

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

(a) the child’s parents; and

(b) any brothers or sisters of the child.

Commencement Information

I72 Sch. 1 para. 23 in force at 30.12.2005, see reg. 1(1)

Other information about each parent of the child and where regulation 14(2) applies, the father [F74 or woman who is a parent of the child by virtue of section 43 of the 2008 Act] E+W

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

Textual Amendments

F74 Words in Sch. 1 Pt. 3 para. 24 heading inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(10)(d) (with Sch. 4)

Commencement Information

I73 Sch. 1 para. 24 in force at 30.12.2005, see reg. 1(1)

25.  Details of their educational history. E+W

Commencement Information

I74 Sch. 1 para. 25 in force at 30.12.2005, see reg. 1(1)

26.  Details of their employment history. E+W

Commencement Information

I75 Sch. 1 para. 26 in force at 30.12.2005, see reg. 1(1)

27.  Information about the parenting capacity of the child’s mother and father [F75 or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act], particularly their ability and willingness to parent the child. E+W

Textual Amendments

F75 Words in Sch. 1 Pt. 3 para. 27 inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(10)(e) (with Sch. 4)

Commencement Information

I76 Sch. 1 para. 27 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I77 Sch. 1 para. 28 in force at 30.12.2005, see reg. 1(1)

Regulation 16(1)

PART 4 E+W PARTICULARS RELATING TO A GUARDIAN

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

(b) Nationality(18).

(c) Address and telephone number.

Commencement Information

I78 Sch. 1 Pt. 4 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  Their past and present relationship with the child. E+W

Commencement Information

I79 Sch. 1 Pt. 4 para. 2 in force at 30.12.2005, see reg. 1(1)

3.  Religion. E+W

Commencement Information

I80 Sch. 1 Pt. 4 para. 3 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I81 Sch. 1 Pt. 4 para. 4 in force at 30.12.2005, see reg. 1(1)

Regulation 16(2)

PART 5 E+W PARTICULARS RELATING TO THE HEALTH OF THE CHILD'S [F76 BIRTH] PARENTS AND BROTHERS AND SISTERS

Textual Amendments

F76 Word in Sch. 1 Pt. 5 heading substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(i)

1.  Name, date of birth, gender, weight and height of each [F77 birth] parent. E+W

Textual Amendments

F77 Word in Sch. 1 Pt. 5 para. 1 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(ii)

Commencement Information

I82 Sch. 1 Pt. 5 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  A family health history, covering each of the child’s [F78 birth] 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. E+W

Textual Amendments

F78 Word in Sch. 1 Pt. 5 para. 2 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(ii)

Commencement Information

I83 Sch. 1 Pt. 5 para. 2 in force at 30.12.2005, see reg. 1(1)

3.  A health history of each of the child’s [F79 birth] 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. E+W

Textual Amendments

F79 Word in Sch. 1 Pt. 5 para. 3 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(ii)

Commencement Information

I84 Sch. 1 Pt. 5 para. 3 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I85 Sch. 1 Pt. 5 para. 4 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I86 Sch. 1 Pt. 5 para. 5 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I87 Sch. 1 Pt. 5 para. 6 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I88 Sch. 1 Pt. 5 para. 7 in force at 30.12.2005, see reg. 1(1)

Regulation 20(1)

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

1.  A copy of the child’s birth certificate. E+W

Commencement Information

I89 Sch. 2 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  Name and address of the parent or guardian. E+W

Commencement Information

I90 Sch. 2 para. 2 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I91 Sch. 2 para. 3 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I92 Sch. 2 para. 4 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I93 Sch. 2 para. 5 in force at 30.12.2005, see reg. 1(1)

Regulation 23 (3)(b)

SCHEDULE 3 E+W

PART 1 E+W OFFENCES SPECIFIED FOR THE PURPOSES OF [F80 REGULATION 25(3)(b)]

Textual Amendments

F80 Words in Sch. 3 Pt. 1 heading substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(a)

Offences in England and Wales E+W

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(19);

(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).

Commencement Information

I94 Sch. 3 Pt. 1 para. 1 in force at 30.12.2005, see reg. 1(1)

[F81 1A.   Any of the following offences—

(a) an offence of virginity testing under section 136 of the Health and Care Act 2022,

(b) an offence of offering to carry out virginity testing under section 137 of that Act,

(c) an offence of aiding or abetting etc a person to carry out virginity testing under section 138 of that Act,

(d) an offence of carrying out hymenoplasty under section 148 of that Act,

(e) an offence of offering to carry out hymenoplasty under section 149 of that Act, and

(f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 150 of that Act.]

Textual Amendments

F81 Sch. 3 Pt. 1 para. 1A inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 131(2)(a)

Offences in Scotland E+W

[F82 2.   An offence under section 1 (rape) and section 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009.]

Textual Amendments

F82 Sch. 3 Pt. 1 paras. 2, 3 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(b)

[F82 3.   An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 except, in a case where the offender was under the age of 20 at the time the offence was committed.]

Textual Amendments

F82 Sch. 3 Pt. 1 paras. 2, 3 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(b)

3.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(20) 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)(21), an offence of shameless indecency between men or an offence of sodomy. E+W

Commencement Information

I95 Sch. 3 Pt. 1 para. 3 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I96 Sch. 3 Pt. 1 para. 4 in force at 30.12.2005, see reg. 1(1)

5.  An offence under section 52 or 52A of the Civil Government (Scotland) Act 1982 (indecent photographs of children)(22). E+W

Commencement Information

I97 Sch. 3 para. 5 in force at 30.12.2005, see reg. 1(1)

6.  An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust)(23). E+W

Commencement Information

I98 Sch. 3 para. 6 in force at 30.12.2005, see reg. 1(1)

[F83 6A.   Any of the following offences— E+W

(a) an offence of virginity testing under section 140 of the Health and Care Act 2022,

(b) an offence of offering to carry out virginity testing under section 141 of that Act,

(c) an offence of aiding or abetting etc a person to carry out virginity testing under section 142 of that Act,

(d) an offence of carrying out hymenoplasty under section 152 of that Act,

(e) an offence of offering to carry out hymenoplasty under section 153 of that Act, and

(f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 154 of that Act.]

Textual Amendments

F83 Sch. 3 Pt. 1 para. 6A inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 131(2)(b)

Offences in Northern Ireland E+W

[F84 7.   An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 2008.]

Textual Amendments

F84 Sch. 3 Pt. 1 paras. 7, 8 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(c)

[F84 8.   An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968, except in the case where the offender was under the age of 20 at the time the offence was committed.] E+W

Textual Amendments

F84 Sch. 3 Pt. 1 paras. 7, 8 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(c)

9.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs)(24). E+W

Commencement Information

I99 Sch. 3 para. 9 in force at 30.12.2005, see reg. 1(1)

F85 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F85 Sch. 3 Pt. 1 para. 10 omitted (1.4.2020) by virtue of The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(d)

11.  An offence contrary to Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of children)(25). E+W

Commencement Information

I100 Sch. 3 para. 11 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I101 Sch. 3 para. 12 in force at 30.12.2005, see reg. 1(1)

[F86 13.   Any of the following offences— E+W

(a) an offence of virginity testing under section 144 of the Health and Care Act 2022,

(b) an offence of offering to carry out virginity testing under section 145 of that Act,

(c) an offence of aiding or abetting etc a person to carry out virginity testing under section 146 of that Act,

(d) an offence of carrying out hymenoplasty under section 156 of that Act,

(e) an offence of offering to carry out hymenoplasty under section 157 of that Act, and

(f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 158 of that Act.]

Textual Amendments

F86 Sch. 3 Pt. 1 para. 13 inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 131(2)(c)

Regulation 23(4)

PART 2 E+W REPEALED STATUTORY OFFENCES

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

(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).

Commencement Information

I102 Sch. 3 Pt. 2 para. 1 in force at 30.12.2005, see reg. 1(1)

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— E+W

(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).

Commencement Information

I103 Sch. 3 Pt. 2 para. 2 in force at 30.12.2005, see reg. 1(1)

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— E+W

(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.

Commencement Information

I104 Sch. 3 Pt. 2 para. 3 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I105 Sch. 3 Pt. 2 para. 4 in force at 30.12.2005, see reg. 1(1)

[F87 SCHEDULE 4 E+W

Textual Amendments

F87 Sch. 4, Sch. 4A substituted for Sch. 4 (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 15

Regulation 26(a)

PART 1 E+W Information to be provided during stage 1

Information about the prospective adopter E+W

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

2.   If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of their suitability to adopt, the reasons for this.

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

4.   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.

5.   Name and address of the prospective adopter’s registered medical practitioner.

6.   If the prospective adopter—

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

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

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

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

8.   Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long they have been habitually resident.

Information about the home etc. of the prospective adopter E+W

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

Regulation 26(b)

PART 2 E+W Report on the health of the prospective adopter

1.   Name, date of birth, sex, weight and height. E+W

2.   A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and any hereditary disease or disorder. E+W

3.   Infertility or reasons for deciding not to have children (if applicable). E+W

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. E+W

5.   Obstetric history (if applicable). E+W

6.   Details of any present illness, including treatment and prognosis. E+W

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

8.   Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency. E+W

Regulation 30(1)

PART 3 E+W Information to be provided during stage 2

Information about the prospective adopter E+W

1.   A photograph and physical description.

2.   Racial origin and cultural and linguistic background.

3.   Religious persuasion.

4.   Relationship (if any) to the child.

5.   A description of the prospective adopter’s personality and interests.

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

7.   A chronology of the prospective adopter from birth.

8.   The observations of the prospective adopter about their own experience of being parented and how this has influenced them.

9.   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 the prospective adopter’s ability in this respect.

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

Wider Family E+W

11.   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 etc. of the prospective adopter E+W

12.   Information about the prospective adopter’s home and the neighbourhood in which the prospective adopter lives.

13.   Information about the local community of the prospective adopter, including the degree of the family’s integration with its peer groups, friendships and social networks.

Education and employment E+W

14.   Details of the prospective adopter’s educational history and attainments and the prospective adopter’s views about how this has influenced them.

15.   Details of the prospective adopter’s employment history and the observations of the prospective adopter about how this has influenced them.

16.   The current employment of the prospective adopter and the prospective adopter’s views about achieving a balance between employment and child care.

Income E+W

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

Other information E+W

18.   Information about the prospective adopter’s capacity to—

(a) provide for a child’s needs, particularly emotional and behavioural development needs,

(b) share a child’s history and associated emotional issues, and

(c) understand and support a child through possible feelings of loss and trauma.

19.   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 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, and

(h) views and feelings about contact between a child and his birth parents and other relatives.

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

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

Regulation 30F(2)

SCHEDULE 4A E+W Modifications to Part 4

1.   Regulation 22 does not apply. E+W

2.   Regulations 24, 25 and 26 only apply where an adoption agency considers it necessary. E+W

3.   Regulations 27 and 28 do not apply. E+W

4.   Regulation 30 applies as if— E+W

(a) paragraphs (1) and (4) were omitted,

(b) for paragraph (2) there were substituted—

“(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a) where applicable, a summary, written by the agency’s registered health practitioner, of the state of the health of the prospective adopter,

(b) where applicable, any observations of the agency on the matters referred to in regulation 25,

(c) where applicable, any relevant information obtained by the agency under regulation 26,

(d) the agency’s assessment of the prospective adopter’s suitability to adopt a child [F88 , and in determining the suitability of a couple to adopt a child the agency must have proper regard to the need for stability and permanence in their relationship], and

(e) any other information which the agency considers relevant.”, and

(c) “where applicable” were inserted at the beginning of paragraph (6)(b).

Textual Amendments

F88 Words in Sch. 4A para. 4(b) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/319), regs. 1(2), 2(3)

5.   Regulation 30A(3) does not apply. E+W

6.   Regulation 30B applies as if for paragraph (1) there were substituted— E+W

“(1) The adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the pre-assessment process.”]

Regulation 32(1)

SCHEDULE 5 E+W INFORMATION ABOUT THE CHILD TO BE GIVEN TO THE PROSPECTIVE ADOPTER

1.  Details of the child. E+W

Commencement Information

I106 Sch. 5 para. 1 in force at 30.12.2005, see reg. 1(1)

2.  Photograph and physical description. E+W

Commencement Information

I107 Sch. 5 para. 2 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I108 Sch. 5 para. 3 in force at 30.12.2005, see reg. 1(1)

4.  Chronology of the child’s care. E+W

Commencement Information

I109 Sch. 5 para. 4 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I110 Sch. 5 para. 5 in force at 30.12.2005, see reg. 1(1)

6.  Whether the child is looked after F89 ... and, if so, the reasons and why the child is to be placed for adoption. E+W

Textual Amendments

F89 Words in Sch. 5 para. 6 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(9)

Commencement Information

I111 Sch. 5 para. 6 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I112 Sch. 5 para. 7 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I113 Sch. 5 para. 8 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I114 Sch. 5 para. 9 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I115 Sch. 5 para. 10 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I116 Sch. 5 para. 11 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I117 Sch. 5 para. 12 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I118 Sch. 5 para. 13 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I119 Sch. 5 para. 14 in force at 30.12.2005, see reg. 1(1)

15.  The proposed time-scale for placement. E+W

Commencement Information

I120 Sch. 5 para. 15 in force at 30.12.2005, see reg. 1(1)

16.  Any other information which the agency considers relevant. E+W

Commencement Information

I121 Sch. 5 para. 16 in force at 30.12.2005, see reg. 1(1)

Regulation 36(2)

SCHEDULE 6 E+W PLACEMENT PLAN

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

Commencement Information

I122 Sch. 6 para. 1 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I123 Sch. 6 para. 2 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I124 Sch. 6 para. 3 in force at 30.12.2005, see reg. 1(1)

4.  The arrangements for review of the placement. E+W

Commencement Information

I125 Sch. 6 para. 4 in force at 30.12.2005, see reg. 1(1)

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. E+W

Commencement Information

I126 Sch. 6 para. 5 in force at 30.12.2005, see reg. 1(1)

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). E+W

Commencement Information

I127 Sch. 6 para. 6 in force at 30.12.2005, see reg. 1(1)

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). E+W

Commencement Information

I128 Sch. 6 para. 7 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I129 Sch. 6 para. 8 in force at 30.12.2005, see reg. 1(1)

9.  Details of any arrangements that need to be made. E+W

Commencement Information

I130 Sch. 6 para. 9 in force at 30.12.2005, see reg. 1(1)

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

Commencement Information

I131 Sch. 6 para. 10 in force at 30.12.2005, see reg. 1(1)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to the exercise by adoption agencies (local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002 (“the Act”).

Part 2 makes provision for the arrangements for adoption work which agencies must put in place. Regulation 3 requires agencies to set up adoption panels and regulations 4 and 5 make provision in relation to the tenure of panel members and the proceedings of adoption panels. Regulation 8 requires agencies to appoint an adoption adviser to the adoption panel.

Part 3 applies where an agency is considering adoption for the child. Regulation 12 requires the agency to open a case record in respect of the child and place on that record any information obtained under the regulations about the child and the child’s family. Regulations 13 and 14 require the agency to provide counselling and information for the child and the child’s parent or guardian. Regulation 14(2) and (3) deal with the position of the father who does not have parental responsibility for the child. Regulations 15 and 16 impose duties on an agency to obtain information about the child, the child’s family and others which is specified in Schedule 1. Regulation 17 requires the agency to prepare a written report for the adoption panel about the child and the child’s family, to include an analysis of why placement for adoption is the preferred option for permanence. Regulation 18 provides that the adoption panel must make a recommendation to the agency as to whether the child should be placed for adoption. The agency must take into account that recommendation in coming to a decision about whether the child should be placed for adoption (regulation 19). Regulation 20 provides for the agency to request a Welsh family proceedings officer to be appointed to witness 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. The information to be provided to the Welsh family proceedings officer is specified in Schedule 2.

Part 4 makes provision for the assessment of prospective adopters. Regulation 21 requires the agency to provide counselling and information for a prospective adopter. Regulation 23 requires the agency to carry out police checks and provides that an agency may not consider a person suitable to be an adoptive parent if the person or any member of their household aged 18 or over has been convicted of, or cautioned for, any specified offences (as defined in regulation 23(3)). Regulation 26 sets out the procedure for carrying out an assessment of the prospective adopter. The information to be obtained in respect of a prospective adopter is set out in Schedule 4. A report must be prepared and the papers submitted to the adoption panel which makes a recommendation to the agency as to whether the prospective adopter is suitable to be an adoptive parent. The agency must take into account that recommendation in coming to a decision about whether the prospective adopter is suitable to be an adoptive parent (regulations 27 and 28). Part 5 makes provision in relation to the duties of the adoption agency in respect of the placement of a child with prospective adopters. The agency must provide the prospective adopters with a report about the child which must include the information which is set out in Schedule 5 and any other information which the agency consider relevant (regulation 32). The papers are referred to the adoption panel who must consider the proposed placement and make a recommendation to the agency as to whether the particular prospective adopter would be a suitable adoptive parent for that particular child and the agency must take into account that recommendation when coming to its decision (regulations 33 and 34).

Part 6 makes provision in relation to placements and reviews. Regulation 36 provides that the agency must provide the prospective adopter with a placement plan (which must cover the matters specified in Schedule 6) and before the child is placed for adoption send certain information to the persons specified in regulation 36 (4) and arrange for the prospective adopter to meet the child and following that meeting counsel the prospective adopter and (where practicable) the child (regulation 36(6)). Regulation 37 imposes a duty on the agency to carry out reviews of children’s cases. Regulation 39 places an agency under a duty to immediately review its decision to place a child for adoption where a parent withdraws their consent under section 19 or sections 19 and 20 of the Act.

Part 7 makes provision in relation to records.

Part 8 makes miscellaneous provisions including modifications to provisions in the Children Act in the case of children whom adoption agencies are authorised to place for adoption and in relation to the steps to be taken where an agency decides to refuse to allow contact under section 27(2) of the Act.

Part 9 makes miscellaneous provisions.

(1)

1989 c. 41.

(2)

2002 c. 38.

(3)

See section 11 of the Criminal Justice and Court Services Act 2000 c. 43.

(4)

See section 5 of the Care Standards Act 2000 c. 14.

(5)

2004 c. 31.

(6)

1971 c. 80.

(7)

S.I.1983/1964. Regulation 5A(1A) was inserted by the Adoption (Agencies) Regulations 2003 (S.I. 2003/3223).

(8)

Section 4 was amended by section 111 of the Act.

(9)

See section 35(4) of the Children Act 2004 c. 31.

(10)

SI 2001/1272 (W.71)

(11)

SI 2003/1634 (W.176)

(12)

SI 2003/3223 (W.306)

(13)

1998 c. 38.

(14)

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

(15)

No distinction is drawn in this context between the different parts pf the U.K. Back [15]

(16)

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

(17)

See (1) above.

(18)

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

(19)

2003 c. 42.

(20)

1995 c. 46.

(21)

1995 c. 39.

(22)

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

(23)

2000 c. 44.

(24)

S.I. 1978/1047 (N.I.17).

(25)

S.I. 1988/1847 (N.I.17).