The Adoption Agencies Regulations 2005
2005 No. 389
CHILDREN AND YOUNG PERSONS, ENGLANDSOCIAL CARE, ENGLAND
The Adoption Agencies Regulations 2005
Made 23th February 2005
Laid before Parliament 2nd March 2005
Coming into force 30th December 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred on her by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 19891and sections 9(1)(a), 11(1)(b), 27(3), 53(1) to (3), 54, 140(7) and (8) and 142 (4) and (5) of the Adoption and Children Act 20022, and all other powers enabling her in that behalf, hereby makes the following Regulations:
PART 1
GENERAL
Citation, commencement and application
1.—(1) These Regulations may be cited as the Adoption Agencies Regulations 2005 and shall come into force on 30th December 2005.
(2) These Regulations apply to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Adoption and Children Act 2002;
“the 1989 Act” means the Children Act 1989;
“adoption panel” means a panel established in accordance with regulation 3;
“adoption placement plan” has the meaning given in regulation 35(2);
“adoption placement report” means the report prepared by the adoption agency in accordance with regulation 31(2)(d);
“adoption support services” has the meaning given in section 2(6)(a) of the Act and in any regulations made under section 2(6)(b) of the Act;
“adoptive family” has the meaning given in regulation 31(2)(a);
“CAFCASS” means the Children and Family Court Advisory and Support Service3;
“child’s case record” has the meaning given in regulation 12;
“child’s health report” means the report obtained in accordance with regulation 15(2)(b);
“child’s permanence report” means the report prepared by the adoption agency in accordance with regulation 17(1);
“independent member” in relation to an adoption panel has the meaning given in regulation 3(3)(e);
“independent review panel” means a panel constituted under section 12 of the Act;
“joint adoption panel” means an adoption panel established in accordance with regulation 3(5);
“medical adviser” means the person appointed as the medical adviser by the adoption agency in accordance with regulation 9(1);
“proposed placement” has the meaning given in regulation 31(1);
“prospective adopter’s case record” has the meaning given in regulation 22(1);
“prospective adopter’s report” means the report prepared by the adoption agency in accordance with regulation 25(5);
“prospective adopter’s review report” means the report prepared by the adoption agency in accordance with regulation 29(4)(a);
“qualifying determination” has the meaning given in regulation 27(4)(a);
“registration authority” means the Commission for Social Care Inspection4;
“relevant foreign authority” means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is, habitually resident which correspond to the functions of an adoption agency5or to the functions of the Secretary of State in respect of adoptions with a foreign element;
“relevant post-qualifying experience” means post-qualifying experience in child care social work including direct experience in adoption work;
“section 83 case” means a case where a person who is habitually resident in the British Islands intends to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83 of the Act (restriction on bringing children into the United Kingdom) applies;
“social worker” means a person who is registered as a social worker in a register maintained by the General Social Care Council or the Care Council for Wales under section 56 of the Care Standards Act 20006or in a corresponding register maintained under the law of Scotland or Northern Ireland;
“vice chair” has the meaning given in regulation 3(4) or, as the case may be, (5)(c);
“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 19717.
PART 2
ADOPTION AGENCY - ARRANGEMENTS FOR ADOPTION WORK
Establishment of adoption panel
3.—(1) Subject to paragraph (5), an adoption agency must establish at least one panel, to be known as an adoption panel, in accordance with this regulation.
(2) The adoption agency must appoint to chair the panel a person, not being a disqualified person, who has the skills and experience necessary for chairing an adoption panel.
(3) Subject to paragraph (5), the adoption panel shall consist of no more than ten members, including the person appointed under paragraph (2), and shall include —
(a)
(a) two social workers each with at least three years' relevant post-qualifying experience;
(b)
(b) in the case of a registered adoption society8, one person who is a director, manager or other officer and is concerned in the management of that society;
(c)
(c) in the case of a local authority, one member of that authority;
(d)
(d) the medical adviser to the adoption agency (or one of them if more than one medical adviser is appointed);
(e)
(e) at least three other persons (in this regulation referred to as “independent members”) including where reasonably practicable at least two persons with personal experience of adoption.
(4) The adoption agency must appoint one member of the adoption panel as vice chair (“vice chair”) who shall act as chair if the person appointed to chair the panel is absent or his office is vacant.
(5) An adoption panel may be established jointly by any two or more local authorities (“joint adoption panel”) and if a joint adoption panel is established—
(a)
(a) the maximum number of members who may be appointed to that panel is eleven;
(b)
(b) by agreement between the local authorities there shall be appointed to that panel—
(i) a person to chair the panel, not being a disqualified person, who has the skills and experience necessary for chairing an adoption panel;
(ii) two social workers each with at least three years' relevant post-qualifying experience;
(iii) one member of any of the local authorities;
(iv) the medical adviser to one of the local authorities; and
(v) at least three independent members including where reasonably practicable at least two persons with personal experience of adoption;
(c)
(c) by agreement the local authorities must appoint one member of the panel as vice chair (“vice chair”) who shall act as chair if the person appointed to chair the panel is absent or his office is vacant.
(6) A person shall not be appointed as an independent member of an adoption panel if—
(a)
(a) in the case of a registered adoption society, he is or has been within the last year a trustee or employee, or is related to an employee, of that society;
(b)
(b) in the case of a local authority, he—
(i) is or has been within the last year employed by that authority in their children and family social services;
(ii) is related to a person falling within head (i); or
(iii) is or has been within the last year a member of that authority; or
(c)
(c) he is the adoptive parent of a child who was—
(i) placed for adoption with him by the adoption agency (“agency A”); or
(ii) placed for adoption with him by another adoption agency where he had been approved as suitable to be an adoptive parent by agency A,
unless at least twelve months has elapsed since the adoption order was made in respect of the child.
(7) For the purposes of regulation 3(2) and (5)(b)(i) a person is a disqualified person if—
(a)
(a) in the case of a registered adoption society, he is or has been within the last year a trustee or employee, or is related to an employee, of that society; or
(b)
(b) in the case of a local authority, he is or has been within the last year a member or employee, or is related to an employee, of that authority.
(8) For the purposes of paragraphs (6)(a) and (b)(ii) and (7) a person (“person A”) is related to another person (“person B”) if person A is—
(a)
(a) a member of the household of, or married to or the civil partner9of, person B;
(b)
(b) the son, daughter, mother, father, sister or brother of person B; or
(c)
(c) the son, daughter, mother, father, sister or brother of the person to whom person B is married or with whom B has formed a civil partnership.
Tenure of office of members of the adoption panel
4.—(1) Subject to the provisions of this regulation and regulation 10, a member of an adoption panel shall hold office for a term not exceeding three years, and may not hold office for the adoption panel of the same adoption agency for more than three terms in total.
(2) The medical adviser member of the adoption panel shall hold office only for so long as he is the medical adviser.
(3) A member of an adoption panel may resign his office at any time by giving one month’s notice in writing to the adoption agency.
(4) Where an adoption agency is of the opinion that any member of the adoption panel is unsuitable or unable to remain in office, it may terminate his office at any time by giving him notice in writing with reasons.
(5) If the member whose appointment is to be terminated under paragraph (4) is a member of a joint adoption panel, his appointment may only be terminated with the agreement of all the local authorities whose panel it is.
Meetings of adoption panel
5.—(1) Subject to paragraph (2), no business shall be conducted by the adoption panel unless at least five of its members, including the person appointed to chair the panel or the vice chair and at least one of the social workers and one of the independent members, meet as the panel.
(2) In the case of a joint adoption panel, no business shall be conducted unless at least six of its members, including the person appointed...
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