The Adoption Agencies (Wales) Regulations 2005

Access to case records and disclosure of information

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.

(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.