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Welsh Statutory Instrument 2005 No. 1514 (W.118)The Adoption Support Agencies (Wales) Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 1514 (W.118)CHILDREN AND YOUNG PERSONS, WALESSOCIAL CARE, WALESThe Adoption Support Agencies (Wales) Regulations 2005
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 2(6)(b), 9(1)(b) and (3), 10(1), (3) and (4) of the Adoption and Children Act 2002 [1] and sections 22, 25 (1), 34(1), 35(1) and 118(7) of the Care Standards Act 2000 [2] and of all other powers enabling it in that behalf, having consulted such persons as it considers appropriate, hereby makes the following Regulations: Title, commencement and interpretation 1. - (1) The title of these Regulations is the Adoption Support Agencies (Wales) Regulations 2005 and they come into force on 30 December 2005. (2) These Regulations apply in relation to Wales. (3) In these Regulations -
(b) with whom an adoption agency has placed a child for adoption; (c) who has given notice under section 44 of the 2002 Act of his or her intention to apply for an adoption order for a child; (d) who has adopted a child; or (e) who has adopted a child who has subsequently attained the age of 18; but does not include a person who is the step parent or natural parent of the child or was the step parent of the child before he or she adopted the child.
(b) whom an adoption agency has placed for adoption; or (c) who has been adopted after having been placed for adoption by an adoption agency;
(ii) is not the natural parent or step parent of the child; or (b) who has been adopted by a person who -
(ii) was not the step parent of the child before he or she adopted the child but does not include an agency adoptive child.
(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 2002 Act;
(5) In these Regulations -
(b) any reference to a child's adoptive parent is to a person who is an adoptive parent in relation to that child; (c) references (other than references in this sub paragraph) to a child being placed for adoption -
(ii) include where the child has been placed with a person by an adoption agency, leaving the child with him or her as a prospective adopter; (d) any reference to employing a person includes employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly. Adoption Support Services
(b) services that may be provided in relation to the therapeutic needs of the child in relation to that adoption; (c) assistance for the purpose of ensuring the continuance of the relationship between the child and adoptive parent, including training for adoptive parents for the purpose of meeting any special needs of the child arising from that adoption; (d) assistance where disruption in an adoption arrangement or placement has occurred or is in danger of occurring, including:
(ii) organising and running meetings to discuss disruptions in adoptions or placements; (e) assistance to adopted persons who have attained the age of 18 in obtaining information in relation to their adoption or facilitating contact between such persons and their relatives; (3) For the purposes of Regulations 2(2) (e) or (f) 'relative' means any person who but for his or her adoption would be related to the adopted person by blood, including half blood or marriage.
(b) any person receiving adoption support services from the agency or acting on behalf of a child receiving such services from the agency; (c) any person making enquiries about receiving adoption support services from the agency on his or her own or a child's behalf; (d) any local authority. (4) The registered person in relation to an agency which provides adoption support services to children must produce a written guide to the agency (in these Regulations referred to as "the children's guide") which must include -
(b) a summary of the complaints procedure established under regulation 19(1); and (c) the address and telephone number of the registration authority. (5) The children's guide must be produced in a form appropriate to the age, understanding and communication needs of the children to whom the agency provides adoption support services.
(b) any conditions for the time being in force in relation to the registration of the registered provider under Part 2 of the 2000 Act. Review of statement of purpose and children's guide
(b) notify the registration authority of any such revision within 28 days; and (c) if the children's guide is revised, supply a copy to any adult acting on behalf of a child to whom the agency provides adoption support services and (subject to his age and understanding) to each such child. Fitness of registered provider 5. - (1) An organisation must not carry on an agency unless it is fit to do so. (2) An organisation is not fit to carry on an agency unless -
(b) that individual satisfies the requirements set out in paragraph (3). (3) The requirements are -
(b) he or she is physically and mentally fit to carry on the agency; and (c) full and satisfactory information or documentation is available in relation to him or her in respect of each of the matters specified in Schedule 2. Appointment of manager
(b) the date on which the appointment is to take effect. Fitness of manager
(b) having regard to the size of the agency and the agency's statement of purpose -
(ii) he or she is physically and mentally fit to manage the agency; and (c) full and satisfactory information is available in relation to him or her in respect of each of the matters specified in Schedule 2. Registered person - general requirements
(b) the need to safeguard and promote the welfare of those receiving adoption support services from the agency, carry on or manage the agency with sufficient care, competence and skill.
(b) the offence of which he or she was convicted; (c) the penalty imposed on him or her in respect of the offence. Applicability of provisions 10.The following provisions contained in this Part are only applicable to agencies which provide adoption support services under regulations 2(2)(e) or (f). No obligation to proceed if not appropriate 11. - (1) An agency that provides adoption support services under regulations 2(2)(e) or (f) is not required to commence with provision of such services, or having begun to provide those services, is not required to continue if the agency considers it would not be appropriate to do so. (2) In deciding whether it is appropriate to provide those services (or commence provision of such services) the agency must have regard to:
(b) the welfare of the relative requesting the service; (c) any veto recorded under regulation 13; (d) any information held by the Registrar General on the Adoption Contact Register; and all the other circumstances of the case.
(b) the provisions of paragraph (4) are complied with. (4) An agency must not proceed with the provision of services of the sort referred to in sub paragraph (3) unless -
(b) either
(ii) any wishes or feelings of a child who is not competent have been taken into account. Consent of subject to disclosure etc
(b) the subject is a relative of the adopted person; and (c) that person has notified the agency in writing that -
(ii) he or she only wishes to be contacted under specified circumstances or by specified persons. (2) Where the agency is notified of a veto under paragraph (1) it must keep a record of it.
(b) is the subject of such an application and is considering whether to consent to disclosure of information about him or her to the person requesting it. (2) The information provided under paragraph (1) must include -
(b) fees that may be charged by such persons. (3) If a person mentioned in paragraph (1) requests that counselling be provided for him or her, the adoption support agency must secure the provision of counselling services for that person.
(b) a person who provides such services under contract to a registered provider. (5) where the subject of an application chooses not to avail himself or herself of a counselling service for which a fee is payable, the adoption support agency must nevertheless provide support and assistance to the subject in making a decision. Arrangements for the protection of children 16. - (1) The registered person in relation to an agency providing adoption support services must prepare and implement a written policy which -
(b) sets out the procedure to be followed in the event of any allegation of abuse or neglect. (2) The procedure under paragraph (1)(b) must provide in particular for -
(b) written records to be kept of any allegation of abuse or neglect and the action taken in response; and (c) arrangements to be made for persons working for the purposes of the agency and adults and children to whom the agency has provided adoption support services to have access to information that would enable them to contact -
(ii) the registration authority, regarding any concern about child welfare or safety. (3) In this regulation "child protection enquiries" means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the Children Act 1989[7] relating to the protection of children.
(b) date of birth; (c) whether the persons are:
(ii) persons wishing to adopt a child; (iii) adopted persons, their parents, natural parents, former guardians and related persons; (d) description of services requested; (2) The records specified in paragraph (1) shall be retained for at least seventy five years from the date of the last entry.
(b) that no person who is the subject of a complaint takes part in its consideration other than, if the registered person considers it appropriate, at the informal resolution stage only; (c) for dealing with complaints about the registered person; and (d) in the case of an agency providing adoption support services to children, for complaints to be made by a person acting on behalf of a child. (3) The registered person must provide a copy of the complaints procedure to every person working for the purposes of the agency and must provide, upon request, a copy of the procedure to any person mentioned in paragraph (1) or any person acting on behalf of a child.
(b) details of the procedure (if any) which has been notified to the registered person by the registration authority for the making of complaints to the registration authority that relate to the agency. Complaints - further requirements
(b) no person is subject to any reprisal by the agency for making a complaint. (5) The registered person must supply to the registration authority, at its request a statement containing a summary of any complaints made during the preceding 12 months and the action that was taken in response.
(b) the need to safeguard and promote the health and welfare of children to whom the agency provides adoption support services, provide a sufficient number of suitably qualified, competent and experienced persons working for the purposes of the agency.
(b) allow a person who is employed by a person other than the registered provider to work for the purposes of the agency unless that person is fit to work for the purposes of the agency. (2) For the purposes of paragraph (1) a person is not fit to work for the purposes of an agency unless -
(b) he or she has the qualifications, skills, competence and experience necessary for the work he or she is to perform; (c) he or she is physically and mentally fit for the work he or she is to perform; and (d) full and satisfactory information is available in relation to him or her in respect of each of the matters specified in Schedule 2. Employment of staff
(b) provide all employees with a job description outlining their responsibilities. (2) The registered person must ensure that all persons employed by the agency -
(b) are enabled from time to time to gain further qualifications appropriate to the work they perform. Staff disciplinary procedure
(b) provides that the failure on the part of an employee to report, to an appropriate person, an incident of abuse, or suspected abuse, of a child is a ground on which disciplinary proceedings may be instituted. (2) For the purposes of paragraph (1)(b), an appropriate person is -
(b) an officer of the registration authority; (c) a police officer; (d) an officer of the National Society for the Prevention of Cruelty to Children; and (e) an officer of a local authority in whose area the agency is situated. Records in respect of staff
(b) that any records which are, for any reason, not on the premises are nevertheless kept in conditions of appropriate security. Notifiable events 27. - (1) If, in relation to an agency, any of the events listed in column 1 of the table in Schedule 4 ("the table") takes place, the registered person must without delay notify the person indicated in respect of the event in column 2 of the table. (2) Any notification made in accordance with this regulation which is given orally must be confirmed in writing within 10 working days. (3) In the table -
(b) in relation to a child who has died or sustained serious injury in the course of receiving adoption support services any other local authority on behalf of whom the agency is providing adoption support services to that child under regulations made under section 3(4)(b) of the 2002 Act; (c) "Local Health Board" and "Primary Care Trust" means the Local Health Board or Primary Care Trust in whose area the child who has died or sustained serious injury in the course of receiving adoption support services was living at the time of the incident. Financial position
(b) ensure that adequate accounts are maintained and kept up to date in respect of the agency. (2) The registered provider must if the registration authority so requests, provide the registration authority with such information and documents as it may require for the purpose of considering the financial viability of the agency, including -
(b) a reference from a bank expressing an opinion as to the registered provider's financial standing; (c) information as to the financing and financial resources of the agency; (d) information as to any of the organisation's associated companies; and (e) a certificate of insurance for the registered provider in respect of liability which may be incurred by him or her in relation to the agency in respect of death, injury, public liability, damage or other loss. Notice of absence
(b) the reason for the proposed absence; (c) the arrangements which have been made for the running of the agency during that absence; (d) the name, address and qualifications of the person who will be responsible for the management of the agency during the absence; and (e) the arrangements that have been made or are proposed to be made for appointing another person to manage the agency during the absence, including the proposed date by which the appointment is to start. (3) Where the absence arises as a result of an emergency, the registered person must give notice of the absence within one week of its occurrence, specifying the matters mentioned in paragraph (2)(a) to (e).
(b) a person ceases to manage the agency; (c) the name or address of the registered provider is changed; (d) there is any change of trustee, or director, manager, secretary or other similar officer of the registered provider; or (e) there is to be any change in the identity of the responsible individual; (f) a receiver, manager, liquidator or provisional liquidator is appointed in respect of the registered provider; (g) the agency intends to cease to act or exist as such. (2) The registered provider must notify the registration authority in writing and without delay of the death of the responsible individual or the registered manager.
(b) appoint a manager to take full-time day to day control of the agency in any case where there is no manager; and (c) not more than 20 working days after his or her appointment notify the registration authority of his or her intentions regarding the future operation of the agency. (2) This paragraph applies to any person appointed as -
(b) the liquidator or provisional liquidator of a registered provider. Offences
(c) in the definition of "statement of purpose" insert -
Transitional Provisions
(b) if within that period application is made for registration, until that application is finally disposed of or withdrawn. (3) In this regulation 'finally disposed of' means the date 20 working days following the grant or refusal of registration and, if an appeal is made, the date when the appeal is finally determined or abandoned. 1.The aims and objectives of the agency. 2.The name and address of the registered provider, the responsible individual and the registered manager. 3.Any conditions for the time being in force in relation to the registration under Part 2 of the 2000 Act of the registered persons. 4.The relevant qualifications and experience of the registered manager. 5.The number, relevant qualifications and experience of the staff working for the purposes of the agency. 6.The organisational structure of the agency. 7.A description of the services offered by the agency. 8.The system in place to monitor and evaluate the provision of services to ensure that the services provided by the agency are effective and the quality of those services is of an appropriate standard. 9.A summary of the complaints procedure. 10.The name, address and telephone number of the registration authority. 1.Proof of identity including a recent photograph. 2.Either -
(b) in any other case, a criminal record certificate issued under sections 113 of that Act, in respect of which less than 3 years have elapsed since it was issued, including, to the extent permitted under the Police Act 1997 the matters specified in sections 113(3A) or (3C) or 115(6A) or (6B)of that Act[12]. A record indicating in respect of each person working for the purposes of the agency - 1.Full name. 2.Sex. 3.Date of birth. 4.Home address. 5.Qualifications relevant to, and experience of, working with persons receiving adoption support services and (in relation to an agency which provides adoption support services to children) qualifications relevant to and experience of work involving children. 6.The dates on which he or she commences and ceases to be so employed by the agency. 7.Whether he or she is employed by the registered provider under a contract of service or a contract for services, or is employed by someone other than the registered provider. 8.His or her job description and whether he or she works full-time or part-time and the number of hours for which he or she is employed by, or contracted to work for, the registered provider each week. 9.Training undertaken by him or her, supervision, appraisal, disciplinary action (if any) taken against him or her, complaints (if any) made against or concerning him or her and the outcome of such complaints and any other matters in relation to his or her employment for the purposes of the agency.
(This note is not part of the Regulations) These Regulations are made partly under the Care Standards Act 2000 ("the 2000 Act") and partly under the Adoption and Children Act 2002 ("the 2002 Act"). The 2000 Act established a new regulatory system for care services in Wales; section 8(3) of the 2002 Act amends the 2000 Act with the effect that a person cannot carry on or manage an adoption support agency without being registered under Part 2 of the 2000 Act. The 2002 Act provides powers for the National Assembly for Wales, as the registration authority, to regulate adoption support agencies. An agency applying to the registration authority for registration under the 2000 Act will have to demonstrate compliance with these Regulations. The registration authority is the National Assembly for Wales. Section 2(6) of the 2002 Act provides that counselling, advice and information and any other services prescribed by regulations, in relation to adoption, are adoption support services. Regulation 2 of these Regulations prescribes services which are adoption support services for the purposes of these regulations. Regulations 3 and 4 make provision for the statement of purpose and children's guide. Each adoption support agency must have a statement of purpose setting out the aims and objectives of the agency. The statement of purpose must be kept under review and revised when necessary. The agency must be carried on in a manner that is consistent with the statement of purpose. An agency which provides services to children must produce a written guide to the agency which is suitable for children. Regulations 5 to 9 make provision about the persons carrying on and managing an adoption support agency. Regulation 5 requires an agency to nominate a responsible individual for supervising the management of the agency. Regulation 6 requires a manager to be appointed for the agency. Provision is made for the fitness of the manager, in particular by the requirement that satisfactory information be obtained in relation to the matters specified in Schedule 2 (regulation 7). Regulation 8 imposes general requirements in relation to the proper conduct of an adoption support agency, and the need for appropriate training. Regulation 9 requires the responsible individual and registered person to notify the registration authority of convictions. Regulations 10 - 15 deal with applications for adoption support services which assist the adopted person or relative to obtain information or facilitate contact. Regulation 11 does not require the agency to provide such services where it is considered inappropriate and sets out the factors the agency should take into account in making that decision. Regulation 12 requires the agency to obtain the informed consent of the subject of the application before disclosing information about him or her that would identify him or her or enable him or her to be traced by the person making the request. Regulation 13 enables the adopted person or relative to register a veto with the agency. Regulation 14 makes provision for background information to be disclosed where consent is refused. Regulation 15 requires the agency to provide information about counselling and secure counselling services in relation to applications for such adoption support services under regulation 2(e) or (f). Adoption support agencies must themselves provide support and assistance to a person who is the subject of an adopted person or relative's request for information or contact if the person chooses not to avail themselves of a counselling service. Regulations 16 to 26 make provision about the conduct of an adoption support agency, in particular as to the protection of children (regulation 16) providing service appropriate to a user's needs (regulation 17) record keeping in relation to services provided (regulation 18) complaints (regulations 19 and 20) staffing (including record keeping in relation to staff) and fitness of staff and premises (regulations 21 to 26). Regulation 27 provides that the registered provider and registered manager are to give notice of the events described in Schedule 4 to the persons specified in that Schedule. Regulation 28 imposes requirements relating to an adoption support agency's financial position. Regulations 29 to 31 provide for the giving of notices to the registration authority and the appointment of liquidators. Regulation 32 provides for offences in contravention of or failure to comply with provisions in the Regulations. Regulation 33 provides that where these Regulations place a requirement on more than one person, if one of those who is obliged to meet that requirement does so, the other person is not also obliged to meet that requirement. Regulation 34 amends the Registration of Social Care and Independent Health Care (Wales) Regulations 2002. Regulation 35 provides for the transitional arrangements for registration of adoption support agencies. Notes: [1]2002. c.38.back [2]2000 c.14.back [3]2000 c.14.back [4]2002 c.38back [5]S.I. 2005/1313 (W.95).back [6]1971 c.80.back [7]1989 c.51.back [8]2002/919 (W.107).back [9]1998 c.38.back [10]1997 c.50. Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104 c.14.back [11]A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.back [12]Sections 113(3A) and 115(6A) are inserted in the Police Act 1997 by section 8 of the Protection of Children Act 1999 c.14 and amended by sections 104, 106 and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000.back ISBN0 11 091150 4 -- Back --
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