Adoption Support Services and Agencies
| Author | Nasreen Pearce/Richard Budworth |
| Pages | 215-245 |
Chapter 18
Adoption Support Services and Agencies
INTRODUCTION
18.1 In the past, local authorities and voluntary adoption agencies and societies worked together to meet the needs of children placed for adoption, the natural families of adopted children and the prospective adopter(s). The framework for the assessment and provision of adoption support services is now set out in ACA 2002, ss 3 and 4; the Adoption Support Services Regulations 2005 (SI 2005/691), as amended by the Adoption Support Services (Amendment) Regulations 2014 (SI 2014/1563) (ASSR 2005). Guidance on the Regulation is currently set out in Statutory Guidance on Adoption: For local authorities, voluntary adoption agencies and adoption support agencies (Department for Education, July 2013) (Adoption Statutory Guidance 2013), which is available at:
www.gov.uk/government/publications/adoption-statutory-guidance-2013
18.2 A new draft of the guidance issued in July 2014 (Adoption Statutory Guidance 2014 (Draft)) also deals with the subject in Chapter 6, which is available at:
https://assets.publishing.service.gov.uk/government/uploads/system/upload s/attachment_data/file/285718/Draft_adoption_statutory_guidance.pdf
18.3 Whilst the guidance does not have the same force as the statutory provision, it is issued under the provisions contained in statute and should therefore be complied with unless exceptional circumstances justify a variation (B v Lewisham London Borough Council [2008] EWHC 738 (Admin) at [20]).
18.4 In relation to Wales, the statutory framework in addition to the ACA 2002 is provided under the Regulation and Inspection of Social Care (Wales) Act 2016; the Adoption Support Services (Wales) Regulations 2018 (SI 2018/286) (W 66); the Regulated Adoption Services (Service Providers and Responsible Individuals)
216 Adoption Law: A Practical Guide
(Wales) Regulations 2019 (SI 2019/762) (W 145), in force on 29 April 2019; and the Statutory Guidance (available at https://gov.wales/sites/default/files/ publications/2019-04/health-protection-guidance-2010.pdf) .
STATUTORY OBLIGATIONS ON MAINTENANCE OF SUPPORT SERVICES
18.5 ACA 2002, s 3 requires each local authority to provide services collectively referred to in ACA 2002, s 2(1) as ‘adoption support services’, which must include making and participating in arrangements for the provision of adoption services designed to meet the needs of the children who may be adopted, their parents and guardians, prospective adopters and adopted persons, their natural parents and former guardians.
18.6 Additionally, if a request is made by any of these persons or any other person prescribed by regulation for their need for adoption services to be assessed, the local authority is required to undertake such an assessment, and if a need for the provision of support services to be provided is established and a decision is taken to provide those needs, further obligations are imposed on the local authority on how those needs should be met as set out in ACA 2002, s 4(5)–(11) and the regulations made under the ACA 2002.
18.7 When ACA 2002, s 4A comes into force, where the person who applies for the assessment is an adopted person or the parent of an adopted person, the local authority must prepare a personal budget for that person as set out in ACA 2002, s 4A and any regulation made as provided under ACA 2002, s 4A(4)–(7) (inserted by the Children and Families Act 2014).
18.8 The local authority may secure the provisions of these services by registered adoption agencies or by other persons prescribed by regulations as long as these are provided in conjunction with the local authority’s other social services and with registered adoption societies in its area so that help may be given in a coordinated manner without duplication, omission or avoidable delay (ACA 2002, s 3(4) and (5)). The additional bodies prescribed under ASSR 2005, reg 5 (as amended) who may be enlisted to provide adoption support services include:
(a) another local authority;
(b) a registered adoption support agency, defined as an adoption support agency which is in relation to England an adoption support agency in respect of which a person is registered under Care Standards Act 2000, Pt 2 or registered as a provider in Wales of such services under Regulation and Inspection of Social Care (Wales) Act 2016, Pt 1;
(c) an individual falling within Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 (SI 2005/2720) (ASAR 2005), reg 4(4);
(d) a local health board, a clinical commissioning group and the National Health Service Commissioning Board (see also under the Adoption Statutory Guidance 2013 and the Adoption Statutory Guidance 2014 (Draft) referred to at paras 18.1 and 18.2).
18.9 ACA 2002, s 3ZA, which came into force on 7 March 2018 (SI 2018/300), provides for the Secretary of State to give directions requiring one or more local authorities in England to make arrangements for the provision of adoption support services to be carried out on their behalf by one of those authorities or one or more other adoption agencies. The direction may, in particular, specify who is to carry out the function or require the local authority or authorities to determine who is to carry out the functions.
18.10 Similarly, ACA 2002, s 3A empowers the Welsh Ministers to direct two or more authorities to enter into arrangements in relation to the matters set out in ACA 2002, s 3A(3), with each other in relation to the provision of the services maintained under ACA 2002, s 3(1).
MEANING OF ADOPTION SUPPORT SERVICES
18.11 ACA 2002, s 2(6) defines ‘adoption services’ to mean ‘(a) counselling, advice, and (b) any other services prescribed by regulations’ (see also the Adoption Statutory Guidance 2013).
18.12 ASSR 2005, reg 3 prescribes the following other services:
(a) financial support;
(b) services to enable groups of adoptive children, adoptive parents and natural parents or former guardians of an adoptive child to discuss matters relating to adoption;
(c) assistance, including mediation services, in relation to arrangements for contact between an adoptive child and a natural parent, natural sibling, former guardian or a related person of the adoptive child. ‘Related person’ includes grandparent, brother, sister, uncle or aunt whether of the full blood or half-blood or by marriage or any person with whom the adoptive child has a relationship which appears to the local authority to be beneficial having regard to the welfare checklist set out in ACA 2002, s 1 (ACA 2002, s 144(1) and ASSR 2005, reg 2);
(d) services in relation to the therapeutic needs of an adoptive child;
218 Adoption Law: A Practical Guide
(e) assistance for the purpose of ensuring the continuance of the relationship between an adoptive child and his adoptive parent(s), including training for the adoptive parent(s) to meet any special needs of the child, and subject to ASSR 2005, reg 3(4) respite care. If respite care takes the form of providing accommodation, it must be provided by or on behalf of a local authority under ChA 1989, s 23 or by a voluntary organisation under ChA 1989, s 59;
(f) assistance where disruption of an adoptive placement or of an adoption arrangement following the making of an adoption order has occurred or is in danger of occurring. This includes making arrangements for the provision of mediation services and organising and running meetings to discuss disruptions in such placements and arrangements.
PERSONS TO WHOM ADOPTION SUPPORT SERVICES ARE PROVIDED
18.13 ASSR 2005, reg 4 and the corresponding Welsh regulation prescribe the following services that must be provided, and to whom, as follows.
Counselling, advice and information
18.14 ASSR 2005, reg 4(1) provides that (and see para 18.12 (c)), counselling advice and information must be available to:
(a) children who may be adopted, their parents and guardians;
(b) persons wishing to adopt a child;
(c) adopted persons, their adoptive parents, natural parents and former guardians;
(d) children who are natural siblings (whether full or half-blood) of an adoptive child;
(e) children of adoptive parents (whether or not adopted);
(f) related persons in relation to adoptive children.
Financial support
18.15 Financial support under ASSR 2005, Pt 3 must be payable to an adoptive parent of an agency adoptive child (ASSR 2005, reg 4(3)).
18.16 Note, however, that financial support is only payable in the circumstances specified in ASSR 2005, reg 8 (see also ASSR 2005, reg 9 in relation to payment to a former foster parent).
18.17 See also the decision in Re M (Care Proceedings: Adoption Support) [2016] EWCA Civ 61 at [42], where King LJ stated that:
One can only hope that, even in the straightened [sic] times in which we live, local authorities appreciate that failure to find the funds necessary to support those who adopt disadvantaged children is all too often a false economy, and ultimately it is the children who pay the price when an adoptive placement breaks down.
Services to enable discussion
18.18 ASSR 2005, reg 4(4) sets out that services to enable groups of adoptive children, adoptive parents, natural parents and former guardians of adoptive children to discuss matters relating to adoption must extend to:
(a) an adoptive parent of an agency adoptive child;
(b) an agency adoptive child;
(c) a natural parent, or a former guardian of an agency adoptive child.
Contact
18.19 ASSR 2005, reg 4(5) requires that services relating to contact (see para 18.12 (c)) must extend to:
(a) an adoptive parent of an agency adoptive child;
(b) an agency adoptive child;
(c) a child who is a natural sibling, whether of the full or half-blood, of an adoptive child;
(d) a natural parent, former guardian or related person in relation to an agency adoptive child.
Therapeutic services
18.20 As set out in ASSR 2005, reg 4(6), services to meet the therapeutic needs of an adoptive child must extend to...
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