The Adoption Agencies (Wales) Regulations 2005

Requirement to prepare a written report F1 ... 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 [F2 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 [F2 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 [F2 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.

[F3 (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 [F4 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 [F5 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

F1 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)

F2 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)

F3 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)

F4 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)

F5 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

I1 Reg. 17 in force at 30.12.2005, see reg. 1(1)