The Adoption Support Services Regulations 2005

Cited as:SI 2005/691
Jurisdiction:UK Non-devolved

2005No. 691

CHILDREN AND YOUNG PERSONS, ENGLAND

SOCIAL CARE, ENGLAND

The Adoption Support Services Regulations 2005

11thMarch2005

22ndMarch2005

30thDecember2005

ARRANGEMENT OF REGULATIONS

PART 1

INTRODUCTORY

1.

Citation, commencement and application

2.

Interpretation

PART 2

PROVISION OF ADOPTION SUPPORT SERVICES

3.

Prescribed services

4.

Persons to whom adoption support services must be extended

5.

Arrangement for securing provision of services

6.

Adoption support services adviser

7.

Services for persons outside the area

PART 3

PROVISION OF FINANCIAL SUPPORT

8.

Circumstances in which financial support is payable

9.

Remuneration for former foster parents

10.

Payment of financial support

11.

Cessation of financial support

12.

Conditions

PART 4

ASSESSMENTS AND PLANS

13.

Request for assessment

14.

Procedure for assessment

15.

Assessment for financial support

16.

Plan

17.

Notice of proposal to provide adoption support services

18.

Notification of decision as to adoption support services

PART 5

REVIEWS

19.

Reviews: general procedure

20.

Review of financial support paid periodically

PART 6

MISCELLANEOUS

21.

Urgent cases

22.

Notices

23.

Recovery of expenses between local authorities

24.

Revocations and transitional provision

The Secretary of State, in exercise of the powers conferred on her by sections 9(2) and (3) and 57A of the Adoption Act 1976( 1) and sections 2(6) and (7), 3(3) and (4) 4, 9(1)(a), 140(1), (2), (7) and (8) and 142(4) of, and paragraph 3 of Schedule 2 to, the Adoption and Children Act 2002( 2) hereby makes the following Regulations:-

PART 1

INTRODUCTORY

Citation, commencement and application

1. - (1) These Regulations may be cited as the Adoption Support Services 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;

"adoptive child" means -

(a) a child who has been adopted or in respect of whom a person has given notice of his intention to adopt under section 44 of the Act; or(b) a child whom an adoption agency has matched with a prospective adopter or placed for adoption;

"adoptive parent" means -

(a) a person who has adopted a child or has given notice under section 44 of the Act of his intention to adopt a child; or(b) a person with whom an adoption agency has matched a child or has placed a child for adoption;

"agency adoptive child" means -

(a) a child who has been adopted after having been placed for adoption by an adoption agency; or(b) a child whom an adoption agency has matched with a prospective adopter or placed for adoption;(c) a child whose adoptive parent has been a local authority foster parent in relation to him (unless the local authority oppose the adoption);

"child" means (subject to paragraph (2)) a person who has not attained the age of 18;

"income support" means income support under Part VII of the Social Security Contributions and Benefits Act 1992( 3);

"jobseeker's allowance" has the same meaning as in the Jobseekers Act 1995( 4);

"local authority foster parent" has the same meaning as in the Children Act 1989( 5);

"local education authority" has the same meaning as in the Education Act 1996( 6);

"Local Health Board" means a Local Health Board established by the National Assembly for Wales under section 16BA of the National Health Service Act 1977( 7);

"Primary Care Trust" means a Primary Care Trust established under section 16A of the National Health Service Act 1977;

"related person" in relation to an adoptive child means -

(a) a relative within the meaning of section 144(1) of the Act; or(b) any person with whom the adoptive child has a relationship which appears to the local authority to be beneficial to the welfare of the child having regard to the matters referred to in sub-paragraphs (i) to (iii) of section 1(4)(f) of the Act;

"tax credit" has the same meaning as in the Tax Credits Act 2002( 8);

(2) In any case where -

(a) a person has attained the age of 18 years and is in full-time education or training; and(b) immediately before he attained the age of 18 years - (i) he was an adoptive child; and(ii) financial support was payable in relation to him,

the definition of "child" shall, for the purposes of the continued provision of financial support and any review of financial support, have effect in relation to him as if he had not attained the age of 18 years.

(3) For the purposes of these Regulations a child has been matched with a prospective adopter if an adoption agency is considering placing the child for adoption with that person.

PART 2

PROVISION OF ADOPTION SUPPORT SERVICES

Prescribed services

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

(a) financial support payable under Part 3;(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;(d) services in relation to the therapeutic needs of an adoptive child;(e) assistance for the purpose of ensuring the continuance of the relationship between an adoptive child and his adoptive parent, including - (i) training for adoptive parents for the purpose of meeting any special needs of the child; and(ii) subject to paragraph (4), respite care;(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, including - (i) making arrangements for the provision of mediation services; and(ii) organising and running meetings to discuss disruptions in such placements or arrangements.

(2) The services prescribed in paragraph (1) do not include any services that might be provided in the case of an adoption of a child by his natural parent or the partner of his natural parent.

(3) The services prescribed in paragraph (1)(b) to (f) may include giving assistance in cash.

(4) For the purposes of paragraph (1)(e)(ii) respite care that consists of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 23 of the Children Act 1989 (accommodation of looked after children) or by a voluntary organisation under section 59 of that Act.

Persons to whom adoption support services must be extended

4. - (1) This regulation prescribes, for the purposes of section 3(3)(a) of the Act, the description of persons to whom the provision of adoption support services must be extended.

(2) Counselling, advice and information must extend to -

(a) children who may be adopted, their parents and guardians;(b) persons wishing to adopt a child;(c) adopted persons, their parents, natural parents and former guardians;(d) children of adoptive parents (whether or not adopted);(e) children who are natural siblings (whether full or half-blood) of an adoptive child;(f) related persons in relation to adoptive children.

(3) Financial support under Part 3 must extend to an adoptive parent of an agency adoptive child.

(4) The services mentioned in regulation 3(1)(b) (services to enable discussion) must extend to -

(a) an adoptive parent of an agency adoptive child;(b) an agency adoptive child;(c) a natural parent or former guardian of an agency adoptive child.

(5) The services mentioned in regulation 3(1)(c) (contact) must extend to -

(a) an adoptive parent of an agency adoptive child;(b) an agency adoptive child;(c) a child who is the natural sibling (whether full or half-blood) of an adoptive child;(d) a natural parent, former guardian or related person in relation to an agency adoptive child.

(6) The services mentioned in regulation 3(1)(d) (therapeutic services) must extend to -

(a) an agency adoptive child;(b) an adoptive child in circumstances where the restrictions in section 83 of the Act (restrictions on bringing children in) apply;(c) an adoptive child in the case of a Convention adoption( 9).

(7) The services mentioned in regulation 3(1)(e) to (f) (services to ensure continuation of a relationship and services to assist in cases of disruption) must extend to -

(a) a child mentioned in paragraph (6);(b) an adoptive parent of such a child;(c) a child of such an adoptive parent (whether or not adopted).

Arrangement for securing provision of services

5. - (1) The following persons are prescribed for the purposes of section 3(4)(b) of the Act (persons other than registered adoption societies who may provide the requisite facilities) in relation to the provision of adoption support services -

(a) another local authority;(b) a registered adoption support agency;(c) a Local Health Board or Primary Care Trust; and(d) a local education authority.

(2) In paragraph (1) "registered adoption support agency" means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000( 10).

Adoption support services adviser

6. - (1) The local authority must appoint a person (an "adoption support services adviser") to carry out the functions specified in paragraph (2).

(2) The functions of the adoption support services adviser are to -

(a) give advice and information to persons who may be affected by the adoption or proposed adoption of a child, including as to - (i) services that may be appropriate to those persons; and(ii) how those services may be made available to them;(b) give advice, information and assistance to the local authority which appointed him, including as to - (i) the assessment of needs for adoption support services in accordance with Part 4;(ii) the availability of adoption support services;(iii)...

To continue reading

Request your trial