The Adoption Agencies (Wales) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Adoption Agencies (Wales) Regulations 2005 (“the Principal Regulations”), which make provision about the exercise by adoption agencies (that is, local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002. They come into force on 1 April 2014.

The Principal Regulations require that, when an adoption agency is considering adoption for a child, the agency must refer the case to an adoption panel, which must then make a recommendation to the agency as to whether the child should be placed for adoption.

These Regulations amend the Principal Regulations to provide greater flexibility for adoption agencies when constituting an adoption panel, whether on their own or jointly with other adoption agencies.

Regulation 2 substitutes regulations 3 to 9 of the Principal Regulations with the following regulations:

Regulation 3 requires adoption agencies to maintain a list of persons they consider to be suitable to be members of an adoption panel (“the central list”), makes provision about inclusion in the list and provides for two or more adoption agencies to maintain a list jointly.

Regulation 4 makes provision regarding the constitution of adoption panels, including provision for two or more adoption agencies to constitute a joint adoption panel.

Regulation 5 provides that regulation 7 does not apply to an adoption agency which operates only to put persons in contact with other adoption agencies.

Regulation 6 makes provision as to when an adoption panel is quorate.

Regulation 7 imposes a duty on adoption agencies to prepare and implement a written policy and procedural instructions governing the exercise of the functions of the agency and adoption panel.

Regulation 8 makes provision about the appointment of a suitably qualified and experienced social worker as an agency adviser and appointment of a medical adviser to the panel.

Regulation 9 makes provision about advice to be given to adoption panels in adoptions with a foreign element.

Regulation 3 of these amending Regulations makes transitional provisions regarding cases referred to an adoption panel before 1 April 2014 but which have not been considered by an adoption panel by that date.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.