The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/985 |
| Year | 2013 |
2013 No. 985
Children And Young Persons, England
The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
Made 30th April 2013
Laid before Parliament 7th May 2013
Coming into force 1st July 2013
The Secretary of State for Education, makes the following Regulations in exercise of the powers conferred by sections 22C(11), 26(3) to (3B), 104(4) of and paragraph 12F(1)(b) of Schedule 2 to the Children Act 19891, sections 1(1) and (3) of the Adoption (Intercountry Aspects) Act 19992and sections 4, 9(1)(a), 11(2) and (3), 12, 45(1) and (2), 54, 83(4) and (5), 94(1), 140(7) and (8) and 142(5) of the Adoption and Children Act 20023, and after consultation with the Welsh Ministers.
Citation and commencement
1. These Regulations may be cited as the Adoption Agencies (Miscellaneous Amendments) Regulations 2013 and come into force on 1st July 2013.
Amendment of the Adoption Agencies Regulations 2005
The Adoption Agencies Regulations 2005 are amended as follows.
2. The Adoption Agencies Regulations 20054are amended as follows.
3. In regulation 2 (interpretation) in paragraph (1)—
(a) in the appropriate places insert—
““the 1989 Regulations” means the Children Act 1989 Representations Procedure (England) Regulations 20065;”;
““the Adoption Register” means the register containing information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child which is maintained on behalf of the Secretary of State and the Welsh Ministers;”;
““preparation for adoption” has the meaning given in regulation 24;”;
““prospective adopter assessment plan” has the meaning given in regulation 29;”;
““prospective adopter matching plan” has the meaning given in regulation 30H;”;
““prospective adopter stage one plan” has the meaning given in regulation 22;”;
(b) in the definition of “prospective adopter’s report” for the words “regulation 25(5)” substitute “regulation 30(2)”;
(c) in the definition of “prospective adopter’s review report” for the words “regulation 29(4)(a)” substitute “regulation 30D(4)(a)”; and
(d) in the definition of “qualifying determination” for the words “regulation 27(4)(a)” substitute “regulation 30B(5)(a)”.
4. After regulation 19 insert—
“19A.—(1) Where an adoption agency—
(a)
(a) decides, in accordance with regulation 19, that a child should be placed for adoption, and
(b)
(b) has not identified particular prospective adopters with whom it is considering placing the child for adoption,
the agency must give the information about the child requested by the organisation which maintains the Adoption Register to that organisation for entry in the Register as soon as possible and in any event no later than three months after that decision.
(2) Where an adoption agency becomes aware of any changes to the information about the child the agency must notify the organisation which maintains the Register of those changes as soon as reasonably practicable.”.
5. For Part 4 substitute—
“PART 4
Duties of Adoption Agency in Respect of a Prospective Adopter
Stage 1 – the pre-assessment process
Registration of interest in adoption
21. Regulations 22 to 27 apply when a person has notified an adoption agency that they want to adopt a child and the agency has notified that person that it has decided to proceed with the pre-assessment process in respect of that person.
Prospective adopter stage one plan
22. The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter stage one plan”) which includes the following matters—
(a) information about the counselling, information and preparation for adoption to be provided under regulation 24;
(b) the procedure for carrying out police checks under regulation 25;
(c) details of any training that the prospective adopter has agreed to undertake;
(d) information about the role of the prospective adopter in the stage one process;
(e) any applicable timescales;
(f) information about the process for making a representation (including a complaint) under the 1989 Regulations; and
(g) any other information that the agency considers relevant.
Prospective adopter’s case record
23.—(1) The adoption agency must set up a case record in respect of the prospective adopter (“the prospective adopter’s case record”) and place on that case record—
(a)
(a) the prospective adopter stage one plan;
(b)
(b) the information and reports obtained by the agency by virtue of this Part;
(c)
(c) the prospective adopter assessment plan;
(d)
(d) the prospective adopter’s report and the prospective adopter’s observations on that report;
(e)
(e) the written record of the proceedings of the adoption panel under regulation 30A (and where applicable regulation 30B(8)), its recommendation, the reasons for the recommendation and any advice given by the panel to the agency;
(f)
(f) the record of the agency’s decision under regulation 30B(1), (6) or as the case may be (9);
(g)
(g) where the prospective adopter applied to the Secretary of State for a review by an independent review panel the recommendation of that review panel;
(h)
(h) where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report;
(i)
(i) the prospective adopter matching plan; and
(j)
(j) any other documents or information obtained by the agency which it considers should be included in that case record.
(2) The adoption agency may ask the prospective adopter to provide any further information the agency may reasonably require.
Requirement to provide counselling, information and preparation for adoption
24.—(1) The adoption agency must—
(a)
(a) provide a counselling service for the prospective adopter;
(b)
(b) in a section 83 case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, adopting a child from the country from which the prospective adopter wishes to adopt;
(c)
(c) in any other case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, placement for adoption and adoption;
(d)
(d) provide the prospective adopter with any information and any training materials relating to adopting a child available for use; and
(e)
(e) make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.
(2) In paragraph (1)(e) “preparation for adoption” includes the provision of information to the prospective adopter about—
(a)
(a) the age range, sex, likely needs and background of children who may be placed for adoption by the adoption agency;
(b)
(b) the significance of adoption for a child and the child’s family;
(c)
(c) contact between a child and the child’s parent or guardian or other relatives where a child is authorised to be placed for adoption or is adopted;
(d)
(d) the skills which are necessary for an adoptive parent;
(e)
(e) the adoption agency’s procedures in relation to the assessment of a prospective adopter and the placement of a child for adoption; and
(f)
(f) the procedure in relation to placement for adoption and adoption.
Requirement to carry out police checks
25.—(1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, the adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 19976which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).
(2) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—
(a)
(a) has been convicted of a specified offence committed at the age of 18 or over; or
(b)
(b) has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted.
(3) In paragraph (2) “specified offence” means—
(a)
(a) an offence against a child;
(b)
(b) an offence specified in Part 1 of Schedule 3;
(c)
(c) an offence contrary to section 170 of the Customs and Excise Management Act 19797in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography)8where the prohibited goods included indecent photographs of children under the age of 16;
(d)
(d) any other offence involving bodily injury to a child, other than an offence of common assault or battery,
and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Courts Services Act 20009 except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child)10 in a case where the offender was under the age of 20 and the child was 13 or over at the time the offence was committed.
(4) An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over—
(a)
(a) has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 3 committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted; or
(b)
(b) falls within paragraph 2 or 3 of Part 2 of Schedule 3,
notwithstanding that the offences specified in Part 2 of Schedule 3 have been repealed.
(5) Where an adoption agency becomes aware that a prospective...
To continue reading
Request your trial