The Local Authority Adoption Services (Wales) Regulations 2019
| Jurisdiction | Wales |
| Citation | SI 2019/291 (W69) |
2019 No. 291 (W. 69)
Social Care, Wales
The Local Authority Adoption Services (Wales) Regulations 2019
Made 17th February 2019
Laid before the National Assembly for Wales 19th February 2019
Coming into force 29th April 2019
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 9(1) and (3), and 10 of the Adoption and Children Act 20021.
PART 1
General
Title and commencement
1.—(1) The title of these Regulations is the Local Authority Adoption Services (Wales) Regulations 2019.
(2) These Regulations come into force on 29 April 2019.
Interpretation
2.—(1) In these Regulations—
“the Act” (“y Ddeddf”) means the Adoption and Children Act 2002;
“the 2016 Act” (“Deddf 2016”) means the Regulation and Inspection of Social Care (Wales) Act 20162;
“adoption support services” (“gwasanaethau cymorth mabwysiadu”) has the meaning given in section 2(6) of the Act and regulation 3 of the Adoption Support Services (Local Authorities) (Wales) Regulations 20053;
“DBS certificate” (“tystysgrif GDG”) means a certificate of a type referred to in paragraph 2 or 3 of Schedule 2;
“Disclosure and Barring Service” (“y Gwasanaeth Datgelu a Gwahardd”) and “DBS” (“GDG”) mean the body formed by section 87(1) of the Protection of Freedoms Act 20124;
“employee” (“cyflogai”) has the same meaning as in section 230(1) of the Employment Rights Act 19965;
“individual” (“unigolyn”) means, unless the context indicates otherwise—
(a) a child who may be adopted, their parent or guardian,
(b) a person wishing to adopt a child, or
(c) an adopted person, their parent, birth parent or former guardian,
who is receiving support of the type which a local authority adoption service is required to provide in accordance with the Adoption Agencies (Wales) Regulations 20056or the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 20057, or
(a) any person receiving adoption support services;
“local authority adoption service” (“gwasanaeth mabwysiadu awdurdod lleol”) means the discharge by a local authority of the functions under the Act of making or participating in arrangements for the adoption of children or the provision of adoption support services;
“local authority in England” (“awdurdod lleol yn Lloegr”) means—
(a) a county council in England,
(b) a district council for an area in England for which there is no county council,
(c) a London borough council, or
(d) the Common Council of the City of London;
“reasonable adjustments” (“addasiadau rhesymol”) means such reasonable adjustments as would be required under the Equality Act 20108;
“representative” (“cynrychiolydd”) means any person having legal authority, or the consent of the individual, to act on the individual’s behalf;
“the service” (“y gwasanaeth”) means the local authority adoption service;
“service provider” (“darparwr gwasanaeth”) means the local authority providing the local authority adoption service;
“service regulator” (“y rheoleiddiwr gwasanaethau”) means the Welsh Ministers in the exercise of their regulatory functions as defined in section 3(1)(b) of the 2016 Act;
“social care manager” (“rheolwr gofal cymdeithasol”) has the meaning given in section 79(1)(b) of the 2016 Act;
“Social Care Wales” (“Gofal Cymdeithasol Cymru”) has the meaning given in section 67(3) of the 2016 Act;
“staff” (“staff”) includes—
(a) persons employed by the service provider to work at the service as an employee or a worker, and
(b) persons engaged by the service provider under a contract for services,
but does not include persons who are allowed to work as volunteers;
“statement of purpose” (“datganiad o ddiben”) means the document containing the information which must be provided in accordance with Schedule 1 for the place in relation to which the service is provided;
“worker” (“gweithiwr”) has the same meaning as in section 230(3) of the Employment Rights Act 1996.
(2) In these Regulations, where used in relation to the support provided to an “individual” as defined in this regulation, “support” includes—
(a)
(a) the support which a local authority adoption service is required to provide to individuals in the course of arranging an adoption or after an adoption has been arranged in accordance with the Adoption Agencies (Wales) Regulations 2005 or the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005, or
(b)
(b) the adoption support services which a local authority provides or arranges to provide9.
PART 2
General requirements on service providers
Requirements in relation to the provision of the service
3. The service provider must ensure that the service is provided with sufficient care, competence and skill, having regard to the statement of purpose.
Content of statement of purpose
4. The service provider must prepare a statement of purpose which contains the information listed in Schedule 1.
Requirements in relation to statement of purpose
5.—(1) The service provider must provide the service in accordance with the statement of purpose.
(2) The service provider must—
(a)
(a) keep the statement of purpose under review, and
(b)
(b) where appropriate, revise the statement of purpose.
(3) Unless paragraph (4) applies, the service provider must notify the persons listed in paragraph (6) of any revision to be made to the statement of purpose at least 28 days before it is to take effect.
(4) This paragraph applies in cases where it is necessary to revise the statement of purpose with immediate effect.
(5) If paragraph (4) applies, the service provider must, without delay, notify the persons listed in paragraph (6) of any revision made to the statement of purpose.
(6) The persons who must be notified of any revision to the statement of purpose in accordance with paragraph (3) or (5) are—
(a)
(a) the service regulator;
(b)
(b) individuals;
(c)
(c) any representatives, unless it is not appropriate to do so or would be inconsistent with the well-being of an individual.
(7) The service provider must provide the up to date statement of purpose to any person on request, unless it is not appropriate to do so or would be inconsistent with the well-being of an individual.
Requirements in relation to monitoring and improvement
6.—(1) The service provider must ensure that there are effective arrangements in place for monitoring, reviewing and improving the quality of the service.
(2) Those arrangements must include arrangements for seeking the views of—
(a)
(a) individuals;
(b)
(b) any representatives, unless this is not appropriate or would be inconsistent with the individual’s well-being;
(c)
(c) any other local authority or local authority in England which has arranged for the provision of adoption support services by the service;
(d)
(d) staff,
on the quality of the service and how this can be improved.
(3) When making any decisions on plans for improvement of the quality of the service, the service provider must—
(a)
(a) take into account the views of those persons consulted in accordance with paragraph (2), and
(b)
(b) have regard to the quality of service report prepared by the manager in accordance with regulation 39(4).
Requirement to appoint a manager
7.—(1) Each service provider must appoint one of its officers to be responsible for the management of the service.
(2) The service provider must immediately give notice in writing to the service regulator of—
(a)
(a) the name of the person appointed as manager, and
(b)
(b) the date on which the appointment is to take effect.
(3) The service provider must notify the service regulator in writing if the person appointed under paragraph (1) ceases to manage the service.
Fitness requirements for appointment of manager
8.—(1) The service provider must not appoint a person to manage the service unless that person is fit to do so.
(2) For the purposes of paragraph (1), a person is not fit to manage the service unless the requirements of regulation 22(2) (fitness of staff) are met in respect of that person.
Other requirements in relation to the manager
9.—(1) A service provider must ensure that the person who is appointed as the manager—
(a)
(a) is supported to carry out their duties effectively, and
(b)
(b) undertakes appropriate training.
(2) The service provider must ensure that the manager complies with the requirements of Parts 9 to 12 (duties to be carried out by the manager).
(3) In the event that the service provider has reason to believe that the manager has not complied with a requirement imposed by the regulations in Parts 9 to 12, the service provider must take such action as is necessary to ensure that the requirement is complied with.
(4) The service provider must put suitable arrangements in place to ensure that the service is managed effectively at any time when there is no manager appointed or when the manager is absent from the service.
Requirements to provide the service in accordance with policies and procedures
10.—(1) The service provider must ensure that the following policies and procedures are in place for the service—
(a)
(a) safeguarding (see regulation 19);
(b)
(b) supporting and developing staff (see regulation 23);
(c)
(c) staff discipline (see regulation 25);
(d)
(d) complaints (see regulation 31);
(e)
(e) whistleblowing (see regulation 32).
(2) The service provider must also have such other policies and procedures in place as are reasonably necessary to support the aims and objectives of the service set out in the statement of purpose.
(3) The...
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