Adoption Agencies Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1964 |
| Year | 1983 |
1983 No. 1964
CHILDREN AND YOUNG PERSONS
The Adoption Agencies Regulations 1983
Made 30th December 1983
Laid before Parliament 13th January 1984
Coming into Operation 27th May 1984
The Secretary of State for Social Services in relation to England and the Secretary of State for Wales in relation to Wales, in exercise of their powers under section 32 of the Adoption Act 19581and section 4(1) of the Children Act 19752, and of all other powers enabling them in that behalf, hereby make the following regulations:—
Citation, commencement, extent and interpretation
1.—(1) These regulations may be cited as the Adoption Agencies Regulations 1983 and shall come into operation on 27th May 1984.
(2) These regulations shall not apply to Scotland.
(3) In these regulations, unless the context otherwise requires—
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(4) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except insofar as the context otherwise requires, be construed as including a reference to any provision which may re-enact or replace it, with or without modification.
(5) Any reference in these regulations to a numbered regulation or the Schedule is to the regulation bearing that number in or the Schedule to these regulations and any reference in a regulation or the Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or the Schedule.
Approval of adoption societies
2.—(1) An application to the Secretary of State under section 4 of the 1975 Act (approval of adoption societies) shall be made in writing on a form supplied by the Secretary of State.
(2) An unincorporated body of persons shall not apply for approval under section 4 of the 1975 Act.
Annual reports and information to be provided by approved adoption societies
3. Every approved adoption society shall—
(a) furnish the Secretary of State with two copies of the society's annual report as soon as is reasonably practicable after the issue thereof and with such other information as and when the Secretary of State may from time to time require;
(b) notify the Secretary of State in writing of any change in the society's name or in the address of its registered or head office within one month after such change;
(c) where the society proposes to cease, or expects to cease, to act as an adoption society, so notify the Secretary of State in writing not less than one month, or as soon as is reasonably practicable, before the date when the society will cease, or expects to cease, so to act; and
(d) where the society has ceased to act as an adoption society, notify the Secretary of State in writing that it has ceased so to act as soon thereafter as is reasonably practicable.
Application of regulations to certain adoption agencies
4. Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulation 5 and, to the extent that it requires consultation with the adoption panel and the making of arrangements for the exercise of the panel's functions, regulation 6, shall not apply to such an agency.
Establishment of adoption panel and appointment of members
5.—(1) An adoption agency shall forthwith establish at least one adoption panel and shall appoint the persons referred to in paragraphs (2) and (3) to be members of such a panel, so however that no more than 10 members shall be appointed to a panel and the persons appointed to a panel shall include at least one man and one woman.
(2) The adoption agency shall appoint as chairman of an adoption panel a person who has such experience in adoption work as the agency considers appropriate.
(3) In addition to the chairman the persons to be appointed shall include—
(a)
(a) two of the social workers in the employment of the adoption agency,
(b)
(b) at least one member of the adoption agency's management committee where the agency is an approved adoption society or, where the agency is a local authority, at least one member of that authority's social services committee,
(c)
(c) the person nominated as the medical adviser to the adoption agency under regulation 6(4) (or one of them if more than one are appointed), and
(d)
(d) at least two other persons not being members or employees of the adoption agency or elected members where the agency is a local authority.
(4) A person appointed to an adoption panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the adoption agency.
(5) An adoption panel shall make the recommedations specified in regulation 10 only when at least five of its members meet as a panel and one of those is a social worker in the employment of the adoption agency.
(6) An adoption panel shall keep a written record of any of the recommendations specified in regulation 10 which it makes.
Adoption agency arrangements for adoption work
6.—(1) An adoption agency shall, in consultation with the adoption panel and to the extent specified in paragraph (5) with the adoption agency's medical adviser, make arrangements which shall be set out in writing to govern the exercise of the agency's and the panel's functions and such arrangements shall be reviewed by the agency not less than once every three years.
(2) Subject to regulations 14 and 15, the arrangements referred to in paragraph (1) shall include provision—
(a)
(a) for maintaining the confidentiality and safekeeping of adoption information, case records and the indexes to them,
(b)
(b) for authorising access to such records and indexes or disclosure of information by virtue of regulation 15, and
(c)
(c) for ensuring that those for whom access is provided or to whom disclosure is made by virtue of regulation 15(2)(a) agree in writing before such authorisation is given that such records, indexes and information will remain confidential, so however that a child who is placed for adoption or who has been adopted and his prospective adopter or adoptive parent shall not be required to give such agreement in respect of that child's adoption.
(3) The adoption agency shall satisfy itself that social work staff employed on the agency's work have had such experience and hold such qualifications as the adoption agency considers appropriate to that work.
(4) The adoption agency shall nominate at least one registered medical practitioner to be the agency's medical adviser.
(5) The adoption agency's medical adviser shall be consulted in relation to the arrangements for access to and disclosure of health information which is required or permitted by virtue of regulation 15.
Adoption agency's duties in respect of a child and his parents or guardian
7.—(1) When an adoption agency is considering adoption for a child it shall either—
(a)
(a) in respect of the child, having regard to his age and understanding, and as the case may be his parents or guardian, so far as is reasonably practicable—
(i) provide a counselling service for them,
(ii) explain to them the legal implications of and procedures in relation to adoption and freeing for adoption, and
(iii) provide them with written information about the matters referred to in head (ii), or
(b)
(b) satisfy itself that the requirements of sub-paragraph (a) have been carried out by another adoption agency.
(2) Where, following the procedure referred to in paragraph (1), an adoption agency is considering adoption for a child, the agency shall—
(a)
(a) set up a case record in respect of the child and place on it any information obtained by virtue of this regulation,
(b)
(b) obtain, so far as is reasonably practicable, such particulars of the parents or guardian and having regard to his age and understanding the child as are referred to in Parts I and III to V of the Schedule together with any other relevant information which may be requested by the adoption panel,
(c)
(c) arrange and obtain a written report by a registered medical practitioner on the child's health which shall deal with the matters specified in Part II of the Schedule, unless such a report has been made within six months before the setting up of the case record under sub-paragraph (a) and is available to the agency,
(d)
(d) arrange such other examinations and screening procedures of an tests on the child and, so far as is reasonably practicable, his parents, as are recommended by the adoption agency's medical adviser, and obtain a copy of the written report of such examinations, screening procedures and tests, and
(e)
(e) prepare a written report containing the agency's observations on the matters referred to in this regulation, which shall be passed together with all information obtained by it by virtue of this regulation to the adoption panel or to another adoption agency.
(3) Where the identity of the father of an illegitimate child is known to the adoption agency, it shall so far as it considers reasonably practicable and in the interests of the child—
(a)
(a) carry out in respect of the father the requirements of paragraph (1)(a) as if they applied to him unless the agency is satisfied that another adoption agency has so complied with those requirements,
(b)
(b) obtain the particulars of him referred to in Parts III and IV of the Schedule together with any other relevant information which may be requested by the adoption panel, and arrange and obtain a copy of the written report of such examinations...
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