The Adoption Agencies (Wales) Regulations 2005

Contact

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).