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Welsh Statutory Instrument 2005 No. 1313 (W.95)The Adoption Agencies (Wales) Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 1313 (W.95)CHILDREN AND YOUNG PERSONS, WALESSOCIAL CARE, WALESThe Adoption Agencies (Wales) Regulations 2005
The National Assembly for Wales in exercise of the powers conferred by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 1989[1] and sections 9(1)(a), 11(1)(b), 27(3), 45(1) and (2), 53, 54 and 140(7) and (8) and 142(4) and (5) of the Adoption and Children Act 2002[2] hereby makes the following Regulations: Citation, commencement and application 1. - (1) These Regulations may be cited as the Adoption Agencies (Wales) Regulations 2005 and come into force on 30 December 2005. (2) These Regulations apply to Wales. Interpretation 2. - In these Regulations -
Establishment of adoption panel 3. - (1) Subject to paragraph (5), the adoption agency must establish at least one panel, to be known as the adoption panel, in accordance with this regulation. (2) The adoption agency must appoint to chair the panel a person, not being a person who has been an elected member, trustee, director or employee of the agency within the last 12 months, who has the skills and experience necessary for chairing the adoption panel. (3) Subject to paragraph (5), the adoption panel must consist of no more than ten members, including the person appointed under paragraph (2), and must include -
(b) in the case of a registered adoption society a person who is a director, manager or other officer of the agency and is concerned in the management of the agency; (c) in the case of a local authority, one elected member of the authority; (d) the person appointed as the medical adviser to the agency in accordance with regulation 9, (or one of them if more than one medical adviser is appointed), for so long as that person is the medical adviser; (e) at least three other persons (in this regulation referred to as "independent persons") including where reasonably practicable at least two persons with personal experience of adoption. (4) The adoption agency must appoint two members of the adoption panel either of whom will act as chair if the person appointed to chair the panel is absent or their office is vacant ("the vice chair").
(b) each local authority must appoint two persons to the panel, one of whom must be a social worker and the other who must be an elected member of that authority; (c) by agreement between the local authorities there must be appointed -
(ii) at least three independent members including where reasonably practicable at least two persons with personal experience of adoption; (iii) two members of the panel either of whom will act as chair if the person appointed to chair the panel is absent or their office is vacant ("the vice chair"). (iv) the medical adviser to one of the authorities. (6) A person must not be appointed as an independent person on the adoption panel if that person -
(ii) in the case of a local authority, by that authority to carry out any of the social services functions of that authority; (b) is or has been within the last year in the case of a local authority an elected member of that authority;
(ii) in the case of a local authority, to a person employed by that authority to carry out any of the social services functions of that authority. (7) For the purposes of paragraph (6)(e) a person ("person A") is related to another person ("person B") if person A is -
(b) the son, daughter, mother, father, sister or brother of person B; or (c) the son, daughter, mother, father, sister or brother of the person to whom person B is married or with whom B has formed a civil partnership. Tenure of office of members of the adoption panel
(b) to be responsible for the induction and training of members of the adoption panel; (c) to be responsible for the administration of the adoption panel including assisting with liaison between the agency and the adoption panel and monitoring the performance of members of the adoption panel; and (d) to give such advice to the adoption panel as the panel may request in relation to any case or generally. Requirement to appoint a medical adviser Application of regulations 11 to 20 11.Regulations 11 to 20 apply where the adoption agency is considering adoption for a child. Requirement to open child's case record 12. - (1) The adoption agency must set up a case record in respect of the child and place on it any information obtained and any report, recommendation or decision made by virtue of these Regulations. (2) Where the child -
(b) is provided with accommodation under section 59(1) of the 1989 Act (provision of accommodation by voluntary organisations), the local authority or, as the case may be, the registered adoption society must obtain any information which is required to be obtained by the agency by virtue of this Part, from the records maintained with respect to the child under the 1989 Act, and place that information on the case record referred to in paragraph (1).
(b) explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, their adoption and provide the child with appropriate written information about these matters; and (c) ascertain the child's wishes and feelings in relation to -
(ii) their religious and cultural upbringing; and (iii) contact with their parent, guardian, relative or other significant person. Requirement to provide counselling and information for, and ascertain the wishes and feelings of, the parent or guardian of the child and others -
(b) explain and provide written information to the child's parent or guardian on the following matters -
(ii) the legal implications of -
(bb) giving consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption); (cc) a placement order; and (iii) the legal implications of adoption; and (c) ascertain the wishes and feelings of the parent or guardian of the child and of any other significant person the agency considers relevant in relation to -
(ii) the placement of the child for adoption and their adoption, including any wishes and feelings about the child's religious and cultural upbringing; and (iii) contact with the child if the agency is authorised to place the child for adoption or the child is adopted. (2) This paragraph applies where the father of a child does not have parental responsibility for the child and the father's identity is known to the agency.
(b) ascertain so far as possible whether the father -
(ii) intends to apply for a residence order or contact order with respect to the child under section 8 of the 1989 Act (residence, contact and other orders with respect to children) or where the child is subject to a care order, an order under section 34 of the 1989 Act (parental contact with children in care). Requirement to obtain information (including health information) about the child
(b) obtain from that practitioner a written report on the state of the child's health which must include any treatment which the child is receiving, the child's needs for health care and the matters specified in Part 2 of Schedule 1, unless the agency has received advice from the medical adviser that such an examination and report is unnecessary.
(b) to obtain written reports of such examinations and tests. (4) Paragraphs (2) and (3) do not apply if the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests.
(b) a summary, written by the agency's medical adviser, of the child's state of health, the child's health history and any need for health care which might arise in the future; (c) the wishes and feelings of the child regarding the matters set out in regulation 13(1)(c); (d) the wishes and feelings of the child's parent or guardian, and where regulation 14(2) applies, the child's father, and any other person the agency considers relevant, regarding the matters set out in regulation 14(1)(c); (e) the views of the agency about the child's need for contact with the child's parent or guardian or other relative or with any other person the agency considers relevant (including the child's father where regulation 14(2) applies) and the arrangements the agency proposes to make for allowing any person contact with the child; (f) an assessment of the child's emotional and behavioural development and any related needs; (g) an assessment of the parenting capacity of the child's parent or guardian, and if regulation 14(2) applies, the child's father; (h) a chronology of the decisions and actions taken by the agency with respect to the child; (i) an analysis of the options for the future care of the child which have been considered by the agency and why placement for adoption is considered the preferred option; and (j) any other information which the agency considers relevant. (2) The adoption agency must send the written report together with the other reports required by virtue of regulations 15 and 16 to the adoption panel.
(b) may request the agency to obtain any other relevant information which the panel considers necessary; (c) must obtain legal advice as it considers necessary in relation to the case. (3) Where the adoption panel make a recommendation to the adoption agency that the child should be placed for adoption it must consider and may at the same time give advice to the agency about -
(b) where the adoption agency is a local authority, whether an application should be made for a placement order in respect of the child. Adoption agency decision and notification
(b) take into account any advice given by the adoption panel in accordance with regulation 18(3); and (c) have regard to the consideration set out in section 1(2) of the Act in coming to a decision about whether the child should be placed for adoption.
(b) any relative or other significant person whom the agency consulted under regulation 14(1) including any person in whose favour a contact order under section 8 of the 1989 Act or an order under section 34 of the 1989 Act (parental contact with children in care) may be in force immediately before the agency is authorised to place the child for adoption; and (c) where regulation 14(2) applies, the father; and (d) the agency must in an appropriate manner and in the light of the child's age and understanding explain its decision to the child. (4) Unless either an application has been made on which a care order might be made in respect of the child which has not been disposed of, or the child is less than 6 weeks old, the agency must ascertain whether the parent or guardian of the child is prepared -
(b) at the same time to consent to the making of a future adoption order under section 20 of the Act (advance consent to adoption). (5) Where the parent or guardian of the child is prepared to consent to the making of a future adoption order under section 20 of the Act, the agency must explain and confirm in writing to the parent or guardian of the child that -
(b) notice given to the agency may at the same or any subsequent time state their wish not to be informed of any application for an adoption order; and (c) such a statement may be withdrawn. Request to appoint a Welsh family proceedings officer or an officer of CAFCASS
(b) any notice given to the agency under section 20(4)(a) of the Act (statement of a wish not to be informed of any application for an adoption order); and (c) the withdrawal of any consent or statement given under sections 19 or 20 of the Act. Requirement to provide counselling and information 21.Where the adoption agency is considering a person's suitability to adopt a child, the agency must -
(b) in a section 83 case, explain to the prospective adopter 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) in any other case explain to the prospective adopter the procedure in relation to, and the legal implications of, placement for adoption (including placement by consent under section 19 of the Act, consent to the making of a future adoption order under section 20 of the Act, restriction of parental responsibility and placement orders) and adoption; and (d) provide the prospective adopter with written information about the matters referred to in sub-paragraph (b) or, as the case may be, (c). Requirement to consider application for an assessment of suitability to adopt a child
(b) in respect of any other member of the prospective adopter's household aged 18 or over, an enhanced criminal record certificate under section 115 of that Act including the matters specified in subsection (6A) of that section. (2) The adoption agency must not consider a person suitable to adopt a child or, as the case may be, must consider a person no longer suitable to adopt a child, if the person or any member of the person's household aged 18 or over -
(b) has been cautioned by a constable in respect of any such offence which, at the time the caution was given, the person admitted. (3) In paragraph (2) "specified offence" means -
(b) an offence specified in Part 1 of Schedule 3; (c) an offence contrary to section 170 of the Customs and Excise Management Act 1979[12] in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography)[13] where the prohibited goods included indecent photographs of children under the age of 16; (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 Court Services Act 2000[14] except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was aged 13 or over at the time the offence was committed.
(b) falls within paragraph 2 or 3 of Part 2 of Schedule 3, notwithstanding that the statutory offences specified in Part 2 of Schedule 3 have been repealed.
(b) the significance and legal implications of adoption for a child and his family; (c) contact between a child and his natural parents and other relatives where a child is authorised to be placed for adoption or the child is adopted; (d) the skills needed to be an adoptive parent; (e) the perspective of the child and the child's family; (f) the adoption agency's procedures in relation to assessment of prospective adopters and placement of a child for adoption; and (g) the procedure in relation to placement for adoption and adoption. Procedure in respect of carrying out an assessment
(b) a written report of each of the interviews with the persons nominated by the prospective adopter as personal referees; and (c) a written report from the local authority in whose area the prospective adopter lives, and where the prospective adopter has lived in that area for a period of less than twelve months the agency must obtain a written report also from the local authority in whose area the prospective adopter lived previously. (4) The adoption agency must prepare a written report which must include -
(b) a summary, written by the agency's medical adviser, of the state of health of the prospective adopter; (c) the agency's assessment of the prospective adopter's suitability to adopt a child, and in determining the suitability of a couple to adopt a child the agency must have proper regard to the need for stability and permanence in their relationship; (d) any relevant information the agency obtains under paragraph (3)(c); (e) any observations of the agency on the matters referred to in regulations 22, 23, and 25; (f) any other information which the agency considers relevant. (5) In a section 83 case the report must include -
(b) confirmation that the prospective adopter meets the eligibility requirements to adopt from the country of origin; (c) additional information obtained as a consequence of the requirements of the country of origin; and (d) the agency's assessment of the prospective adopter's suitability to adopt a child who is habitually resident outside the British Islands. (6) The adoption agency must notify the prospective adopter their application is to be referred to the adoption panel and at the same time send the prospective adopter a copy of the agency's report referred to in paragraph (4), and invite any observations on the report to be sent in writing to the agency within 10 working days, beginning with the date on which the notification was sent.
(b) the written reports referred to in paragraph (3); and (c) any other relevant information obtained by the agency under this regulation to the adoption panel.
(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary; and (c) must obtain legal advice as it considers necessary in relation to the case. (3) Where the adoption panel make a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, it may consider and at the same time give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, gender and characteristics (health and social).
(b) send with that notification its reasons together with a copy of the recommendation of the adoption panel, if different; (c) advise the prospective adopter that within 20 working days beginning with the date on which the notification was sent the prospective adopter may -
(ii) apply to the independent review panel for a review of the qualifying determination. (5) If, within the period of 20 working days referred to in paragraph (4), the prospective adopter has not made any representations or applied to the independent review panel, the adoption agency must proceed to make its decision and must notify the prospective adopter in writing of its decision together with the reasons for that decision.
(b) any written representations made by the prospective adopter in accordance with regulation 26(6); (c) any other reports or information sent by the adoption agency to the adoption panel; (d) the record of the proceedings of the adoption panel, its recommendations and the reasons for its recommendations; (e) the notification, together with reasons sent by the adoption agency to the prospective adopter in accordance with 28(4)(a) and (b). Reviews and termination of approval
(b) in any other case, the child is placed for adoption with the prospective adopter. (2) A review must take place whenever the adoption agency considers it necessary but otherwise not more than two years after approval and thereafter at intervals of not more than two years.
(b) seek and take account of the views of the prospective adopter. (4) As a part of each review the adoption agency must consider -
(b) any arrangements for the provision of adoption support services and whether they should continue or be modified; (c) where a child is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the reasons for the child's return; and (d) whether the prospective adopter is still suitable to adopt a child. (5) The adoption agency must -
(ii) any other person the agency considers relevant. (b) ensure that -
(ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review; and (iii) details of any decision made in the course of or as a result of the review, are recorded in writing and placed on the prospective adopter's case record. (6) If at the conclusion of the review, the adoption agency considers the prospective adopter may no longer be suitable to be an adoptive parent, it must prepare a written report which must include -
(b) the agency's reasons; and (c) any other information which the agency considers relevant. (7) The adoption agency must notify the prospective adopter that the report referred to in paragraph (6) is to be referred to the adoption panel and give the prospective adopter a copy of that report and invite any observations on the report to be sent in writing to the agency within 10 working days, beginning with the date on which the notification was sent.
(b) all of the documents and information which were passed to the adoption panel in accordance with regulation 26; (c) the record of the proceedings of the adoption panel, its recommendations and the reasons for its recommendations; (d) if the prospective adopter had applied for a review by an independent panel of a qualifying determination, the record of the proceedings of that panel, its recommendations and the reasons for its recommendations; and (e) any other information relating to the case which the National Assembly or the relevant foreign authority may require. Proposed placement 32. - (1) Where the adoption agency is considering placing a child for adoption with a particular prospective adopter (in this regulation referred to as "the proposed placement") the agency must -
(b) meet with the prospective adopter to discuss the proposed placement; (c) ascertain the views of the prospective adopter about -
(ii) the child's assessed needs for adoption support services and the adoption support plan; (iii) the arrangements the agency proposes to make for allowing any person contact with the child; and where applicable, any restriction in the exercise of their parental responsibility. (2) Where the procedures set out in paragraph (1) have been followed and the prospective adopter has confirmed to the agency in writing their agreement to the proposed placement, the agency must, in such cases as it considers appropriate and so far as is reasonably practicable in the light of the child's age and understanding, counsel the child and tell the child about the prospective adopters, their family circumstances and home environment and ascertain the child's views about the proposed placement, contact arrangements and any restriction of the prospective adopter's parental responsibility.
(b) consider the arrangements for allowing any person contact with the child; (c) consider whether the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to any extent; (d) prepare a written report which must include -
(ii) the information obtained by virtue of paragraphs (1) and (2); (iii) where the agency is a local authority, its proposals for the provision of adoption support services, if any, in accordance with regulations made under section 4(6) of the Act; (iv) the arrangements the agency propose to make for allowing any person contact with the child; (v) the agency's proposals for restricting the parental responsibility of any parent or guardian, or prospective adopter; and (vi) any other information relevant to the proposed placement. (4) The adoption agency must notify the prospective adopter that the proposed placement is to be referred to the adoption panel and send the prospective adopter a copy of the agency's report referred to in paragraph (3) and invite any observations on the report to be sent in writing to the agency within 10 working days, beginning with the date on which the notification was sent.
(b) the report referred to in regulation 17; (c) the report referred to in regulation 26 and any observations made by the prospective adopter on that report; (d) any other relevant information obtained by the agency under this regulation to the adoption panel.
(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary; and (c) must obtain legal advice as it considers necessary in relation to the case. (3) The adoption panel must also consider and, where the panel makes a recommendation to the agency that the child should be placed for adoption with that particular prospective adopter, the panel may consider and at the same time give advice to the adoption agency about -
(ii) the arrangements the adoption agency proposes to make for allowing any person contact with the child; (iii) whether an application should be made for a placement order; and (iv) where the agency is authorised to place the child for adoption whether it considers any person's parental responsibility should be restricted and, if so, the extent of any such restriction. (4) The adoption panel may only make the recommendation in paragraph (1) if -
(b) the adoption agency or another adoption agency has made a decision in accordance with regulation 19 that the child should be placed for adoption; and in either case that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to adopt a child or the adoption agency, or another adoption agency, has made a decision in accordance with regulation 28 that the prospective adopter is suitable to adopt a child.
(b) take into account any advice given by the adoption panel in accordance with regulation 33(3); and (c) have regard to the consideration set out in section 1(2) of the Act, in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter.
(b) where regulation 14(2) applies, the father of the child, of its decision.
(b) consider that information; (c) meet with the prospective adopter to discuss the information; and (d) if appropriate, provide a counselling service for, and any further information to, the prospective adopter as may be required. Requirements imposed on the adoption agency before the child is placed for adoption with prospective adopter 36. - (1) This paragraph applies where the adoption agency -
(b) has met with the prospective adopter to consider the arrangements it proposes to make for placing the child with him. (2) Where paragraph (1) applies, the adoption agency must, at least 7 days before the child is placed with the prospective adopter, provide the prospective adopter with a placement plan in respect of the child which covers the matters specified in Schedule 6 ("the placement plan").
(b) notify the local authority (if that authority is not the adoption agency) and Local Health Board or Primary Care Trust (England) in whose area the prospective adopter resides in writing of the proposed placement; (c) notify the local education authority in whose area the prospective adopter resides in writing of the proposed placement and information about the child's educational history and whether the child has been or is likely to be assessed for special educational needs under the Education Act 1996. (5) The adoption agency must notify the prospective adopter in writing of any change to the placement plan.
(b) thereafter not more than six months after the date of the previous review ("six months review"), until the child is placed for adoption.
(b) no more than three months after the first review; and (c) thereafter not more than six months after the date of the previous review, unless the child is returned to the agency by the prospective adopter or an adoption order is made.
(b) ensure that written reports are made of such visits; and (c) provide such advice and assistance to the prospective adopter as the agency considers necessary. (6) When carrying out a review the adoption agency must visit the child and so far as reasonably practicable ascertain the views of -
(b) if the child is placed for adoption, the prospective adopter; and (c) any other person the agency considers relevant, in relation to each of the matters set out in paragraph (7)(a) to (f).
(b) the child's needs, welfare, progress and development, and whether any changes need to be made to meet the child's needs or assist the child's development; (c) the existing arrangements for contact, and whether they should continue or be modified; (d) where the child is placed for adoption the arrangements in relation to the exercise of parental responsibility for the child, and whether they should continue or be modified; (e) the existing arrangements for the provision of adoption support services and whether there should be any re-assessment of the need for those services; (f) in consultation with the appropriate agencies, the arrangements for assessing and meeting the child's health care needs and educational needs; (g) subject to paragraphs (3) and (4) the frequency of the reviews. (8) Where the child is subject to a placement order and has not been placed for adoption at the time of the first six months review, the local authority must at that review -
(b) in light of that, consider whether it remains satisfied that the child should be placed for adoption. (9) The adoption agency must -
(ii) the prospective adopter; and (iii) any other person the agency considers relevant. (b) ensure that -
(ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review of the case; and (iii) details of any decision made in the course of or as a result of the review (including as to frequency of visits), are recorded in writing and placed on the child's case record. (10) The adoption agency must, so far as is reasonably practicable, notify -
(b) the prospective adopter; and (c) any other person whom it considers ought to be notified of the outcome of the review and of any decision taken by it in consequence of the review.
(b) a person with management responsibilities in relation to a person mentioned in sub-paragraph (a); or (c) a person with control over the resources allocated to the case. (4) The independent reviewing officer must, as far as reasonably practicable chair any meeting held in connection with the review of the child's case.
(b) that the persons responsible for implementing any decision taken in consequence of the review are identified; and (c) that any failure to review the case in accordance with regulation 37 or to take proper steps to make or carry out arrangements agreed at the review is brought to the attention of persons at an appropriate level of seniority within the agency. (6) If the child whose case is reviewed wishes to take proceedings under the Act on his own account, for example, to apply to the court for revocation of a placement order, it is the function of the independent reviewing officer -
(b) to establish whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child's behalf. (7) The adoption agency must inform the independent reviewing officer of -
(b) any significant change of circumstances occurring after the review that affects those arrangements. Withdrawal of consent
(b) if regulation 14(2) applies, the child's father; and (c) if the child is placed for adoption, the prospective adopter with whom the child is placed. (3) Where paragraph (1) applies and the adoption agency is a registered adoption society, the agency must immediately consider whether it is appropriate to inform the local authority in whose area the child is living. Storage of case records 40.The adoption agency must ensure that the case record set up in accordance with regulation 12 or 22 in respect of a child or prospective adopter and the contents of that case record are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of, or damage to, the case record or its contents. Preservation of case records 41.Where an adoption order is made in relation to a child the adoption agency must keep all case records set up in accordance with regulations 12 or 22 for at least 100 years. In any other case the agency must keep the case records for such period as it considers appropriate. Confidentiality of case records 42.Subject to regulation 43, any information obtained or reports, recommendations or decisions made by virtue of these Regulations must be treated by the adoption agency as confidential. Access to case records and disclosure of information 43. - (1) Subject to paragraph (3), the adoption agency must provide such access to its case records and disclose such information in its possession, as may be required -
(b) to the National Assembly for Wales; (c) subject to the provisions of section 74(5) of the Care Standards Act 2000 (disclosure), to the Children's Commissioner for Wales for the purposes of any examination conducted in accordance with Part V of that Act; (d) subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), to the Commission for Local Administration in Wales, for the purposes of any investigation conducted in accordance with Part III of that Act; (e) to any person appointed by the adoption agency for the purposes of the consideration by the agency of any representations (including complaints); (f) to the persons and authorities by and to the extent specified in these Regulations; (g) to a Welsh family proceedings officer or an officer of the CAFCASS for the purposes of the discharge of the officer's duties under the Act; (h) to a court having power to make an order under the Act or the 1989 Act. (2) Subject to paragraph (3), the adoption agency may provide such access to its case records and disclose such information in its possession as it thinks fit for the purposes of carrying out its functions as an adoption agency.
(b) in the case of a society which amalgamates with another registered adoption society to form a new registered adoption society, to the new body. (3) Where a registered adoption society intends to cease to provide for the adoption of children but is registered to provide adoption support services it may retain all its case records having first obtained the registration authority's approval in writing for such retention. Modification of the 1989 Act in relation to adoption 46. - (1) This paragraph applies where -
(b) a child who has been placed for adoption by a local authority is less than six weeks old. (2) Where paragraph (1) applies -
(b) section 22(4)(c) of the 1989 Act shall apply as if for that sub-paragraph there were inserted "(c) any prospective adopter with whom the local authority has placed the child for adoption."; (c) section 22(5)(b) of the 1989 Act shall apply as if for the words "(4)(b) to (d)" there were inserted "(4)(c) and (d)"; and (d) paragraphs 15 and 21 of Schedule 2 to the 1989 Act shall not apply. (3) This paragraph applies where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than 6 weeks old.
(b) section 61(2)(b) of the 1989 Act shall not apply; (c) section 61(2)(c) of the 1989 Act shall apply as if for that sub-paragraph there were inserted "(c) any prospective adopter with whom the registered adoption society has placed the child for adoption.". Contact
(b) where the child is placed for adoption, subject to prior consultation with the prospective adopter with whom the child is placed for adoption; and (c) written notification by the agency to the persons specified in paragraph (4) of those parts of the information specified in paragraph (5) as the agency considers those persons need to know, within seven days of the agreement to depart from the terms of the order. (3) Where the adoption agency varies or suspends any arrangements made (otherwise than under an order under section 26 of the Act) with a view to allowing any person contact with the child, the agency must notify the persons specified in paragraph (4) in writing of those parts of the information specified in paragraph (5) as the agency considers those persons need to know.
(b) the child's parents; (c) any guardian of the child; (d) any person for whose contact with the child the order under section 26 of the Act provides; (e) any person the agency allowed contact with the child; (f) if the child is placed for adoption, the prospective adopter; (g) any other person whose wishes and feelings the agency consider to be relevant. (5) The following information is specified for the purposes of paragraphs 1, 2 and 3 -
(b) date of the decision; (c) reasons for the decision; (d) duration (if applicable). Revocation Regulation 15(1) 1.Name, gender, date and place of birth and address including the local authority area. 2.A photograph and physical description. 3.Nationality[20]. 4.Racial origin and cultural and linguistic background. 5.Religious persuasion, if any, (including details of baptism, confirmation or equivalent ceremonies). 6.Whether the child is looked after or is provided with accommodation under section 59(1) of the 1989 Act. 7.Details of any order made by a court with respect to the child under the 1989 Act including the name of the court, the order made and the date on which the order was made. 8.Whether the child has any rights to, or interest in, property or any claim to damages under the Fatal Accidents Act 1976 or otherwise which he or she stands to retain or lose if adopted. 9.A chronology of the child's care since birth. 10.An assessment of the child's personality, social development and emotional and behavioural development. 11.Whether the child has any difficulties with activities such as feeding, washing and dressing him or herself. 12.The educational history of the child including -
(b) a summary of progress and attainments; (c) whether he or she is subject to a statement under the Education Act 1996; (d) any special needs he or she has in relation to learning; and (e) where he or she is looked after, details of the personal education plan prepared by the local authority. 13.Information about -
(i) the child's parent or guardian and, where regulation 14(2) applies, the child's father;
(iii) any other person the agency considers relevant; (b) the likelihood of any such relationship continuing and the value to the child of its doing so; and 14.The current arrangements for and the type of contact between the child's parent or guardian or other person with parental responsibility for the child and, where regulation 14(2) applies, the child's father, and any relative, friend or other person. Regulation 15(2) 1.Name, date of birth, gender, weight and height. 2.A neo-natal report on the child, including -
(b) results of a physical examination and screening tests; (c) details of any treatment given; (d) details of any problem in management and feeding; (e) any other relevant information which may assist the panel; (f) the name and address of any doctor who may be able to provide further information about any of the above matters. 3.A full health history of the child, including -
(b) details and dates of immunisations; (c) a physical and developmental assessment according to age, including an assessment of vision and hearing and of neurological, speech and language development and any evidence of emotional disorder; (d) the school health history (if available); (e) how the child's physical and mental health and medical history has affected his or her physical, intellectual, emotional, social or behavioural development; (f) any other relevant information which may assist the adoption panel. 4.The signature, name, address and telephone number and qualifications of the registered medical practitioner who prepared the report, the date of the report and of the examinations carried out together with the name and address of any other doctor who may be able to provide further information about any of the above matters. Regulation 16(1) Information about each parent of the child (both natural and adoptive) including a father who does not have parental responsibility for the child 1.Name, gender, date and place of birth and address including the local authority area. 2.A photograph, if available, and physical description. 3.Nationality[21]. 4.Racial origin and cultural and linguistic background. 5.Religious persuasion, if any. 6.A description of their personality and interests. Information about the child's brothers and sisters 7.Name, gender and date and place of birth. 8.A photograph, if available, and physical description. 9.Nationality[22]. 10.Address, if appropriate. 11.If any brother or sister is under the age of 18 -
(b) whether he or she is looked after or is provided with accommodation under section 59(1) of the 1989 Act; (c) details of any court order made with respect to him or her under the 1989 Act, including the name of the court, the order made, and the date on which the order was made; and (d) whether he or she is also being considered for adoption. Information about the child's other relatives and any other person the agency considers relevant
(b) any brothers or sisters of the child. Other information about each parent of the child and where regulation 14(2) applies, the father Regulation 16(1) 1.
(b) Nationality[24]. (c) Address and telephone number. 2.Their past and present relationship with the child. Regulation 16(2) 1.Name, date of birth, gender, weight and height of each natural parent. 2.A family health history, covering each of the child's natural parents, the child's brothers and sisters (if any) and the other children (if any) of each parent with details of any serious physical or mental illness and any hereditary disease or disorder. 3.A health history of each of the child's natural parents, including details of any serious physical or mental illness, drug or alcohol misuse, disability, accident or hospital admission and in each case any treatment given where the agency consider such information to be relevant. 4.A summary of the mother's obstetric history, including any problems in the ante-natal, labour and post-natal periods, with the results of any tests carried out during or immediately after pregnancy. 5.Details of any present illness, including treatment and prognosis. 6.Any other relevant information which the agency considers may assist the panel. 7.The signature, name, address, telephone number and qualifications of any registered medical practitioner who supplied any of the information in this Part together with the name and address of any other doctor who may be able to provide further information about any of the above matters. 1.A copy of the child's birth certificate. 2.Name and address of the parent or guardian. 3.A chronology of the actions and decisions taken by the adoption agency with respect to the child. 4 .Confirmation by the agency that it has counselled, and explained to the parent or guardian the legal implications of both consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act, and provided the parent or guardian with written information about this together with a copy of the information provided to the parent or guardian. 5.Such information about the parent or guardian or other information as the adoption agency considers the Welsh family proceedings officer or officer of CAFCASS may need to know. Offences in England and Wales 1.An offence of rape of an adult under section 1 of the Sexual Offences Act 2003 -
(b) an offence of assault by penetration under section 2 of that Act; (c) an offence of causing a person to engage in sexual activity without consent under section 4 of that Act if the activity fell within subsection (3); (d) an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act if the touching fell within subsection (3); (e) an offence of causing or inciting a person with mental disorder impeding choice, to engage in sexual activity under section 31 of that Act, if the activity caused or incited fell within subsection (3); (f) an offence of inducement threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2); and (g) an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception if the activity fell within subsection (2). Offences in Scotland Regulation 23(4) 1. - (1) An offence under any of the following sections of the Sexual Offences Act 1956 -
(b) section 5 (intercourse with a girl under 13); (c) unless paragraph 4 applies, section 6 (intercourse with a girl under 16); (d) section 19 or 20 (abduction of girl under 18 or 16); (e) section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse); (f) section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16). (2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).
(b) an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse); (c) an offence under section 14 or 15 of that Act (indecent assault); (d) an offence under section 16 of that Act (assault with intent to commit buggery); (e) an offence under section 17 of that Act (abduction of woman by force or for the sake of her property); (f) an offence under section 24 of that Act (detention of woman in brothel or other premises). 3.A person falls within this paragraph if he has been convicted of any of the following offences 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, he admitted -
(b) an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse; (c) an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child; (d) an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her; (e) unless paragraph 4 applies, an offence under section 12 of that Act by committing buggery with a child under the age of 16; (f) unless paragraph 4 applies, an offence under section 13 of that Act by committing an act of gross indecency with a child; (g) an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian; (h) an offence under section 22 of that Act (causing prostitution of women) in relation to a child; (i) an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person; (j) an offence under section 27 of that Act (permitting defective to use premise for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse; (k) an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child; (l) an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child; (m) an offence under section 31 of that Act (woman exerci |