The Regulated Adoption Services (Service Providers and Responsible Individuals) and Adoption Support Services (Local Authorities) (Miscellaneous Amendments) (Wales) Regulations 2026

Welsh Statutory Instruments

2026 No. 53

CHILDREN AND YOUNG PERSONs, wales

SOCIAL CARE, WALES

The Regulated Adoption Services (Service Providers and Responsible Individuals) and Adoption Support Services (Local Authorities) (Miscellaneous Amendments) (Wales) Regulations 2026

Made

25 February 2026

Coming into force

1 April 2026

The Welsh Ministers, in exercise of the powers conferred by sections 2(3) and 187(1)(b) of the Regulation and Inspection of Social Care (Wales) Act 2016(1) (the “2016 Act”) and sections 2(6)(b), 3(3)(a) and (4)(b), and 142(4) and (5)(a) of the Adoption and Children Act 2002(2), make the following Regulations.

The Welsh Ministers have consulted such persons as they think appropriate, as required by section 2(4) of the 2016 Act.

In accordance with the Senedd approval procedure applied by section 187(2)(b) of the 2016 Act(3) a draft of this Welsh Statutory Instrument was laid before, and approved by resolution of, Senedd Cymru.

Title and coming into force

1.  The title of these Regulations is the Regulated Adoption Services (Service Providers and Responsible Individuals) and Adoption Support Services (Local Authorities) (Miscellaneous Amendments) (Wales) Regulations 2026 and they come into force on 1 April 2026.

Interpretation

2.  In these Regulations—

“the 2005 Regulations” (“Rheoliadau 2005”) means the Adoption Support Services (Local Authorities) (Wales) Regulations 2005(4);

“the 2019 Regulations” (“Rheoliadau 2019”) means the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019(5).

Amendments to the 2019 Regulations

3.—(1) The 2019 Regulations are amended as follows.

(2) In regulation 3 (exceptions)—

(a) in paragraph (1)—

(i) omit the paragraph number “(1)”;

(ii) for sub-paragraph (e) substitute—

“(e) the provision of adoption support services by a person who provides those services solely under a contract for services with—

(i) a regulated adoption service, or

(ii) a local authority adoption service;

(f) the provision of counselling in relation to adoption by a person who provides that service solely to individuals who have attained the age of 18.”;

(b) omit paragraph (2).

Amendments to the 2005 Regulations

4.—(1) The 2005 Regulations are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), at the appropriate place in alphabetical order, insert—

“ “birth parent” (“rhiant geni”) has the same meaning as natural parent in the context of the 2002 Act, and other references to relationships by birth are to be construed in the same way;”.

(3) For regulation 3 (prescribed services) substitute—

“(1) For the purposes of section 2(6)(b) of the 2002 Act, the following services are prescribed as adoption support services (in addition to counselling, advice and information)(6)—

(a) financial support payable under regulation 11;

(b) services to enable groups of adoptive children, adoptive parents, and birth parents or former guardians of an adoptive child, to discuss matters relating to adoption;

(c) assistance to adoptive children, adoptive parents, birth parents or former guardians of an adoptive child, and related persons, in relation to arrangements for contact between an adoptive child and a birth parent, former guardian or a related person of the adoptive child;

(d) services that may be provided to an adoptive family in relation to the therapeutic needs of an adoptive child;

(e) assistance for the purpose of ensuring the continuance of the relationship between the child and the child’s adoptive parent, including—

(i) training for adoptive parents for the purpose of meeting any special needs of the child arising from their adoption; and

(ii) subject to paragraph (2), respite care; and

(f) assistance where disruption of an adoption placement has occurred or is in danger of occurring including—

(i) mediation; and

(ii) organising and holding meetings to discuss disruptions in adoption placements.

(2) For the purposes of paragraph (1)(e)(ii), respite care consisting of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014(7) or by a voluntary organisation under section 59 of the Children Act 1989(8).

(3) For the purposes of paragraph (1)(f), “disruption of an adoption placement” means disruption of adoption arrangements at any point from and including when a child is introduced to prospective adopters, through the period of placement and beyond the making of an adoption order.”

(4) In regulation 4 (persons for whom arrangements must be in place)—

(a) for paragraph (4)(c) substitute—

“(c) a birth parent or former guardian of a child who has been placed for adoption or has been adopted following such placement.”;

(b) for paragraph (5)(c) (but not the “and” after it) substitute—

“(c) a birth parent or former guardian of a child who has been placed for adoption or has been adopted following such placement;”.

(5) In regulation 5 (provision of services), in paragraph (1)(bb), for “an individual” substitute “a person”.

Minor and consequential amendments to the 2005 Regulations

5.  Additional minor amendments and consequential amendments to the 2005 Regulations are contained in the Schedule.

Dawn Bowden

Minister for Children and Social Care, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

25 February 2026

Regulation 5

Schedule Minor and consequential amendments to the 2005 Regulations

Introduction

1.  The 2005 Regulations are amended as follows.

Amendments to terminology

2.   In the following provisions, in each place that it appears, for “natural” substitute “birth”—

(a) regulation 2(1), in the definitions of “adoptive parent” and “non-agency adoptive child”;

(b) regulation 4(2)(a), (c) and (d);

(c) regulation 7(1)(b).

Consequential amendments

3.  In regulation 4 (persons for whom arrangements must be in place)—

(a) in paragraph (4), for “3(b)” substitute “3(1)(b)”;

(b) in paragraph (5), for “3(c)” substitute “3(1)(c)”;

(c) in paragraph (6), for “3(d)” substitute “3(1)(d)”;

(d) in paragraph (7), for “3(e)” substitute “3(1)(e)”;

(e) in paragraph (9), for “(3)(b)” substitute “3(1)(b)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (“the 2019 Regulations”) and the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 (“the 2005 Regulations”) under powers conferred by the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”) and the Adoption and Children Act 2002 (“the 2002 Act”).

Regulation 3 amends regulation 3 of the 2019 Regulations, which sets out exceptions to the definition of an adoption service under paragraph 4 of Schedule 1 to the 2016 Act. The amendment at regulation 3(2) provides that an adoption support service delivered solely under a contract for services with a registered adoption service or a local authority adoption service - including where the provider is operating as an individual, partnership or corporate body - is not an adoption service. It also introduces a new exception that the provision of counselling in relation to adoption to an individual who has attained the age of 18 is not treated as an adoption service for the purposes of the 2016 Act.

Regulations 4 and 5, together with the Schedule, make amendments to the 2005 Regulations.

Regulation 4 inserts a definition of “birth parent” into regulation 2 of the 2005 Regulations and clarifies the scope of certain adoption support services prescribed in regulation 3 of those Regulations. The amendments introduced by regulation 4 also extends eligibility for some services to former guardians of an adoptive child, where “guardian” has the meaning given in the 2002 Act.

Regulation 4(5) ensures that persons who fall within the exception introduced by regulation 3(2)(a) of these Regulations may provide adoption support services on behalf of a local authority, for the purposes of section 3(4)(b) of the 2002 Act (maintenance of adoption service).

Regulation 5 introduces the Schedule containing additional minor amendments and consequential amendments to the 2005 Regulations, including replacing the term “natural” for “birth” in various provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health, Social Care and Early Years, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2016 anaw 2.

(2)

2002 c. 38 (“the 2002 Act”). See the definitions of “appropriate Minister”, “the Assembly” and “regulations” in section 144(1). The powers conferred on the National Assembly for Wales to make regulations under the 2002 Act transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

The Senedd approval procedure applies to this instrument by virtue of paragraph 3 of Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4).

(4)

S.I. 2005/1512 (W. 116), amended by S.I. 2019/291 (W. 69); there are other amending instruments but none is relevant to these Regulations.

(5)

S.I. 2019/762 (W. 145), to which there are amendments not relevant to these Regulations.

(6)

Section 2(6) of the 2002 Act defines “adoption support services” as (a) counselling, advice and information, and (b) any other services prescribed by regulations, in relation to adoption.

(7)

2014 anaw 4.

(8)

1989 c. 41.