The Adoption Agencies Regulations 2005

29

The views of other members of the prospective adopter's household and wider family in relation to adoption.

30

Any other relevant information which might assist the adoption panel or the adoption agency.

PART 2 — Report on the Health of the Prospective Adopter

SCHEDULE 5 — ADOPTION PLACEMENT PLAN

1

Whether the child is placed under a placement order or with the consent of the parent or guardian.

2

The arrangements for preparing the child and the prospective adopter for the placement.

3

Date on which it is proposed to place the child for adoption with the prospective adopter.

4

The arrangements for review of the placement.

5

Whether parental responsibility of the prospective adopter for the child is to be restricted, and if so, the extent to which it is to be restricted.

6

Where the local authority has decided to provide adoption support services for the adoptive family, how these will be provided and by whom.

7

The arrangements which the adoption agency has made for allowing any person contact with the child, the form of contact, the arrangements for supporting contact and the name and contact details of the person responsible for facilitating the contact arrangements (if applicable).

8

The dates on which the child's life story book and later life letter are to be passed by the adoption agency to the prospective adopter.

9

Details of any other arrangements that need to be made.

10

Contact details of the child's social worker, the prospective adopter's social worker and out of hours contacts.

Signed

Filkin — Parliamentary Under Secretary of State — Department for Education and Skills — 2005-02-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1989 c. 41. Section 26 was amended by section 118 of the Adoption and Children Act 2002 (“the Act”).

[^f00002]: 2002 c. 38.

[^f00003]: See section 11(1) of the Criminal Justice and Court Services Act 2000 (c. 43).

[^f00004]: See section 42 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

[^f00005]: See section 2(1) of the Act for the definition of adoption agency.

[^f00006]: 2000 c. 14.

[^f00007]: 1971 c. 80.

[^f00008]: See section 2(2) of the Act.

[^f00009]: For the definitions of “civil partner” and “civil partnership” see Schedule 1 to the Interpretation Act 1978 inserted by the Civil Partnership Act 2004 (c. 33), Schedule 27, paragraph 59.

[^f00010]: S.I. 1983/1964. Regulation 5A(1A) was inserted in relation to England by the Adoption Agencies (Amendment) Regulations 2003 (S.I. 2003/2555).

[^f00011]: See section 21 of the Act.

[^f00012]: Section 4 was amended by section 111 of the Act.

[^f00013]: See section 11(3) of the Criminal Justice and Courts Services Act 2000 (c. 43).

[^f00014]: See section 35(4) of the Children Act 2004 (c. 31).

[^f00015]: 1997 c. 50. Section 115 was amended by section 328 of the Criminal Justice Act 2003 (c. 44) section 19 of the Health and Social Care Act 2001 (c. 15) sections 90, 102, 104 and 116 of, and Schedule 4 to the Care Standards Act 2000 (c. 14) sections 152 and 215 of, and Schedules 13, 21 and 22 to, the Education Act 2002 (c. 32) section 8 of the Protection of Children Act 1999 (c. 14) section 135 of the Act, Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and section 198 of and Schedule 6 to the Licensing Act 2003.

[^f00016]: 1979 c. 2.

[^f00017]: 1876 c. 36.

[^f00018]: 2000 c. 43. Schedule 4 to the 2000 Act was amended by the Sexual Offences Act 2003 (c. 42) and by the Asylum and Immigration (Treatment of Claimants) Act 2004 (c. 19).

[^f00019]: See sections 2 and 6 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

[^f00020]: See section 8 of the Education Act 1996 (c. 56).

[^f00021]: 1974 c. 7.

[^f00022]: For the definition of “a provision for contact under the 1989 Act” see section 26(6) of the Act.

[^f00023]: 1976 c. 30.

[^f00024]: See section 324 of the 1996 Act.

[^f00025]: 2003 c. 42.

[^f00026]: 1995 c. 46.

[^f00027]: 1995 c. 39.

[^f00028]: 1982 c. 45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33).

[^f00029]: 2000 c. 44.

[^f00030]: 1968 c. 34 (N.I.)

[^f00031]: 1985 c. 69.

[^f00032]: S.I. 1978/1047 (N.I.17).

[^f00033]: S.I. 1980/704 (N.I.6).

[^f00034]: S.I. 1988/1847 (N.I.17).

[^f00035]: 1956 c. 69.

[^f00036]: 1960 c. 33.

[^f00037]: 1977 c. 45.

[^f00038]: 1959 c. 72.

[^f00039]: 1967 c. 60.

[^f00040]: 1968 c. 60.

3A

Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 8, 10 and, to the extent that it requires consultation with the adoption panel, regulation 7 shall not apply to such an agency.

Tenure of office of members of the adoption panel

Meetings of adoption panel

Payment of fees to member of local authority adoption panel

Adoption agency arrangements for adoption work

Requirement to appoint an agency adviser to the adoption panel

Requirement to appoint a medical adviser

Establishment of new adoption panels on 30 December 2005

20A

• (1) Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2.

• (2) “Authorised person” for the purposes of this regulation means in relation to a form of consent executed—

• (a) in Scotland, a Justice of the Peace or a Sheriff;

• (b) in Northern Ireland, a Justice of the Peace;

• (c) outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; a British Consular officer; a notary public; or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.

1

Name, sex, date and place of birth and address including the local authority area.

2

A photograph and physical description.

3

Nationality.

4

Racial origin and cultural and linguistic background.

5

Religious persuasion (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 stands to retain or lose if he is adopted.

9

A chronology of the child's care since birth.

10

A description of the child's personality, his social development and his emotional and behavioural development.

11

Whether the child has any difficulties with activities such as feeding, washing and dressing himself.

12

The educational history of the child including—

• (a) the names, addresses and types of nurseries or schools attended with dates;

• (b) a summary of his progress and attainments;

• (c) whether an EHC plan is maintained for him under section 37 of the Children and Families Act 2014;

• (d) any special needs he has in relation to learning; and

• (e) where he is looked after, details of his personal education plan prepared by the local authority.

13

Information about—

• (a) the child's relationship with—

• (i) his parent or guardian;

• (ii) any brothers or sisters or other relatives he may have; and

• (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

• (c) the ability and willingness of the child's parent or guardian or any other person the agency considers relevant, to provide the child with a secure environment in which he can develop, and otherwise to meet his needs.

14

The current arrangements for and the type of contact between the child's parent or guardian or other person with parental responsibility for him, his father, and any relative, friend or other person.

15

A description of the child's interests, likes and dislikes.

16

Any other relevant information which might assist the adoption panel and the adoption agency.

17

In this Part “parent” includes the child's father whether or not he has parental responsibility for the child.

1

Name, date of birth, sex, weight and height.

2

A neo-natal report on the child, including—

• (a) details of his birth and any complications;

• (b) the 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 adoption panel and the adoption agency; and

• (f) the name and address of any registered medical practitioner who may be able to provide further information about any of the above matters.

3

A full health history of the child, including—

• (a) details of any serious illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given;

• (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) for a child over five years of age, the school health history (if available);

• (e) how his physical and mental health and medical history have affected his physical, intellectual, emotional, social or behavioural development; and

• (f) any other relevant information which may assist the adoption panel and the adoption agency.

1

Name, sex, date and place of birth and address including the local authority area.

2

A photograph, if available, and physical description.

3

Nationality.

4

Racial origin and cultural and linguistic background.

5

Religious persuasion.

6

A description of their personality and interests.

7

Name, sex, and date and place of birth.

8

A photograph, if available, and physical description.

9

Nationality.

10

Address, if appropriate.

11

If the brother or sister is under the age of 18—

• (a) where and with whom he or she is living;

• (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.

12

Name, sex and date and place of birth.

13

Nationality.

14

Address, if appropriate.

15

Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership.

16

Where the child's parents are not married or civil partners, whether the father has parental responsibility for the child and if so how it was acquired.

17

If the identity or whereabouts of the child's father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity.

1

Name, date of birth, sex, weight and height of each natural parent.

2

A health history of each of the child's natural parents, including details of any serious physical or mental illness, any hereditary disease or disorder, 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.

3

A health history of the child's brothers and sisters (of the full blood or half-blood), and the other children of each parent with details of any serious physical or mental illness and any hereditary disease or disorder.

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 the pregnancy.

5

Details of any present illness, including treatment and prognosis.

6

Any other relevant information which the adoption agency considers may assist the adoption panel and the agency.

1

Any of the following offences against an adult—

• (a) an offence of rape 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 (4) of that section;

• (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) of that section;

• (e) an offence of causing or inciting a person with mental disorder impeding choice to engage in sexual activity under section 31of that Act, if the activity caused or incited fell within subsection (3) of that section;

• (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) of that section; 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 under section 35 of that Act, if the activity fell within subsection (2) of that section.

2

An offence under section 1 (rape) and section 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009.

3

An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 except, in a case where the offender was under the age of 20 at the time the offence was committed.

4

An offence of plagium (theft of a child below the age of puberty).

1

• (1) An offence under any of the following sections of the Sexual Offences Act 1956 —

• (a) section 1 (rape);

• (b) section 5 (intercourse with a girl under 13);

• (c) subject to paragraph 4, 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); and

• (f) section 28 (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).

• (3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under sixteen to incest).

• (4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

2

A person falls within this paragraph if he has been convicted of any of the following offences against a child 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—

• (a) an offence under section 2 or 3 of the Sexual Offences Act 1956 Act (procurement of woman by threats or false pretences);

• (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); and

• (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—

• (a) an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child;

• (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) subject to paragraph 4, an offence under section 12 of that Act by committing buggery with a child under the age of 16;

• (f) subject to paragraph 4, 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 exercising control over prostitute) in a case where the prostitute is a child;

• (n) an offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child;

• (o) an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—

• (i) procuring a child to commit an act of buggery with any person; or

• (ii) procuring any person to commit an act of buggery with a child;

• (p) an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child; and

• (q) an offence under section 9(1)(a) of the Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child.

4

Paragraphs 1(c) and 3(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.

1

Name, sex, date and place of birth and address including the local authority area.

2

A photograph and physical description.

3

Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long he has been habitually resident.

4

Racial origin and cultural and linguistic background.

5

Religious persuasion.

6

Relationship (if any) to the child.

7

A description of his personality and interests.

8

If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of his suitability to adopt, the reasons for this.

1

Name, date of birth, sex, weight and height.

2

A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and hereditary disease or disorder.

3

Infertility or reasons for deciding not to have children (if applicable).

4

Past health history, including details of any serious physical or mental illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given.

5

Obstetric history (if applicable).

6

Details of any present illness, including treatment and prognosis.

7

Details of any consumption of alcohol that may give cause for concern or whether the prospective adopter smokes or uses habit-forming drugs.

8

Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency.

Editorial notes

[^c10822831]: 1989 c. 41. Section 26 was amended by section 118 of the Adoption and Children Act 2002 (“the Act”).

[^c10822841]: 2002 c. 38.

[^c10822851]: See section 11(1) of the Criminal Justice and Court Services Act 2000 (c. 43).

[^c10822871]: See section 2(1) of the Act for the definition of adoption agency.

[^c10822891]: 1971 c. 80.

[^c10822931]: See section 21 of the Act.

[^c10822941]: Section 4 was amended by section 111 of the Act.

[^c10822951]: See section 11(3) of the Criminal Justice and Courts Services Act 2000 (c. 43).

[^c10822961]: See section 35(4) of the Children Act 2004 (c. 31).

[^c10823031]: 1974 c. 7.

[^c10823041]: For the definition of “a provision for contact under the 1989 Act” see section 26(6) of the Act.

[^c10823051]: 1976 c. 30.

[^c10823071]: 2003 c. 42.

[^c10823101]: 1982 c. 45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33).

[^c10823111]: 2000 c. 44.

[^c10823141]: S.I. 1978/1047 (N.I.17).

[^c10823161]: S.I. 1988/1847 (N.I.17).

[^c10823171]: 1956 c. 69.

[^c10823181]: 1960 c. 33.

[^c10823191]: 1977 c. 45.

[^c10823201]: 1959 c. 72.

[^c10823211]: 1967 c. 60.

[^c10823221]: 1968 c. 60.

[^key-f27dfb17e757e782e2435de185aec922]: Reg. 20A inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(i)

[^key-a0542a76d9b4796f7b7613adddb33060]: Word in reg. 11 substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(e)

[^key-1369af02e138cf524e91aa5d3f762483]: Words in reg. 20 inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(h)

[^key-c1393e5395b1543c3fde0133a6f0594e]: Words in reg. 31(3) substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(n)

[^key-0dd33cc00b7efc1ed33e101169cf8287]: Words in reg. 36(6)(d) omitted (30.12.2005) by virtue of The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(i)

[^key-cde04ecb56d7a535206c90e8fd5f59dc]: Words in reg. 36(6)(e) inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(ii)

[^key-edead146180ebd21ed90a9f0fb49fbe7]: Words in reg. 36(8) omitted (30.12.2005) by virtue of The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(o)(iii)

[^key-c1b7a495b317c723730c7e7a224d7c77]: Words in reg. 42(1)(a) substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(p)

[^key-474cd88216764be7231415256e1bd640]: Word in reg. 45(2)(b) substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(q)(i)

[^key-3a5b6ee26ab079350e11a896ba50beac]: Word in reg. 45(4)(a) omitted (30.12.2005) by virtue of The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(q)(ii)

[^key-08481c51109e9229c6c35f458e5ff482]: Word in reg. 45(4)(c) substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(q)(iii)

[^key-00b78433cd919b9b6fdf3902d9c54891]: Words in Sch. 5 para. 1 inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(s)

[^key-de5f7a47e772219e95f9429c98cb8b4b]: Words in reg. 2 substituted (1.4.2007) by The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 (S.I. 2007/603), regs. 1, 3

[^key-7f690365caecb767cb40c6702e0826f5]: Words in reg. 14(4)(b)(i) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 13 (with Sch. 4)

[^key-381182dfdc98536860b509d90df41196]: Word in reg. 35(6)(a) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(2)

[^key-231a629c4e79438777a471f8711ff0e1]: Words in reg. 35(6)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(3)

[^key-5a82ace9df75ebb01d910a49fa5e91ca]: Reg. 35(6)(c) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 52(4)

[^key-006b77dcec6d0e74c593a3e1d7a8db82]: Regs. 3-8 substituted for reg. 3-10 (1.4.2011) by The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011 (S.I. 2011/589), regs. 1, 2 (with reg. 3)

[^key-f36cbbd31111d018229d643ed20da8f2]: Words in reg. 2 substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 74(2)

[^key-aa69c42266fac6026b7f50dde2d5c848]: Words in reg. 37(2) substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 74(3)

[^key-cfa1bea03688045e3b8cdde830574be2]: Words in reg. 2(1) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 3

[^key-5179cbd4251d133306df44e1761ded20]: Words in reg. 12(1)(c) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 4

[^key-25a9a202f9130609c52c152619bd2c08]: Words in reg. 17 heading omitted (1.9.2012) by virtue of The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 5(a)

[^key-5c9c4f21353fff79f6bd1ef7e042b252]: Reg. 17(2)-(2D) substituted for reg. 17(2)(2A) (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 5(b) (with reg. 7)

[^key-0716701e3d552bf7cf14ed3923401b68]: Reg. 19(1A) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(b)

[^key-ab702c88e31716b709eeec2c1f1fc9fb]: Words in reg. 19(1) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(a)

[^key-a7149cfc500a45ccab6b8a80c75ca318]: Words in reg. 19(2) inserted (1.9.2012) by The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (S.I. 2012/1410), regs. 1, 6(c)

[^key-c164733f3ed192559905399dc9d71b50]: Words in reg. 35(6)(b) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 79(b)

[^key-a6790a297221401376e94bf718b934f2]: Pt. 4 substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 5

[^key-3ac1236598a74248a8baeecae92fa237]: Sch. 3 paras. 2, 3 substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 8(b)

[^key-507a22c8015ca81a84a957659cd8ccd8]: Sch. 3 paras. 7, 8 substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 8(c)

[^key-c6e6050ab0fcf9382f14c595c5d3640c]: Words in Sch. 3 Pt. 1 heading substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 8(a)

[^key-3488cbf90e9bd40addc69db9b811ccd9]: Schs. 4, 4A substituted for Sch. 4 (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 9

[^key-6ead0a51135d8cd0dfbf19d097a32775]: Words in reg. 2(1) inserted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 3(a)

[^key-297bb42f2ec41e3f411b8a7b26f1db68]: Words in reg. 2(1) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 3(b)

[^key-0707ec3e3b3a32777d59b9478dd9f3a4]: Words in reg. 2(1) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 3(c)

[^key-d5bdbd54f54655d662ffb95f756d338c]: Words in reg. 2(1) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 3(d)

[^key-8f860dc2175bef4a04d510abac76e074]: Words in reg. 32(5) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 6

[^key-af17393373c91ba39fb63e90424ded58]: Reg. 42(1)(i) inserted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 7

[^key-e89b1079d0796342a67225265258dc3c]: Sch. 3 para. 10 omitted (1.7.2013) by virtue of The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 8(d)

[^key-6eeb4793bf76cc5924f345f237923986]: Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(a)

[^key-90b75a8c06ed1898cb2b0c1031822159]: Words in reg. 14(4)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 10(b)

[^key-3c00350a9c873cb8acca1a7db6b8b170]: Regs. 12A, 12B inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 5

[^key-dd04f0d517cfda3fa46e448713d7d4ae]: Words in reg. 2 omitted (25.7.2014) by virtue of The Adoption and Children Act Register Regulations 2014 (S.I. 2014/1492), regs. 1, 8(a)

[^key-b4d0b127c951384c4e6e44795af68bd2]: Reg. 12(1)(j)(k) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 4

[^key-46a3689d94eceb8b0d52c9977270ce80]: Words in reg. 14(4)(a) substituted (25.7.2014) by virtue of The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(b)

[^key-518b813a9c069dc041c2317037f1cdd3]: Reg. 14(1)(b)(iv) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 6(a)

[^key-29dce56481654b1ccd5e4841c1178c09]: Words in reg. 18(2) omitted (25.7.2014) by virtue of The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 7

[^key-c84f05650f9ac9443ca779ddd244ba02]: Words in reg. 32(2) substituted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 8

[^key-4fe5add7faa938a1a2ba9d7e8433d7a3]: Words in reg. 35(6)(b) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 15(2)

[^key-c1d7bcea86bb02b5ab8191b6eafee8f5]: Sch. 1 para. 12(c) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 15(3)

[^key-e56550d929ad3471ae13d09b10e49a39]: Words in reg. 2(1) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 10(2)(3)(a)

[^key-85e04e3ab7e3b268de8a524f395bead6]: Words in reg. 37(2) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 10(2)(3)(b)

[^M_F_260d10f2-c960-4b15-c6ed-cdc120f9f1d2]: Words in reg. 2(1) inserted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 3

[^key-dd27c562e17353fa4f027fc315aa6b2f]: Reg. 2(2) omitted (1.5.2019) by virtue of The Childrens Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 (S.I. 2019/835), regs. 1(2), 7(a)

[^key-b51f75a8d42d2db05875c892e8addd99]: Reg. 19A omitted (1.5.2019) by virtue of The Childrens Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 (S.I. 2019/835), regs. 1(2), 7(b)

[^key-84ee2fbbbc6bf541e83ab81c22ce8824]: Reg. 30G omitted (1.5.2019) by virtue of The Childrens Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 (S.I. 2019/835), regs. 1(2), 7(c)

[^key-6176bc20fc33dff6856f62b4f114fe25]: Sch. 1A omitted (1.5.2019) by virtue of The Childrens Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 (S.I. 2019/835), regs. 1(2), 7(d)

[^key-52e69c48c423749044942e1a3da5c5bf]: Sch. 4B omitted (1.5.2019) by virtue of The Childrens Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019 (S.I. 2019/835), regs. 1(2), 7(e)

[^key-cd3fee641faa84a01f31888006b46ef0]: Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 10(a); S.I. 2019/1436, reg. 2(b)

[^key-91eb9e45f73b40b57ddbeb6f42ad0543]: Words in reg. 37(2) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 10(b); S.I. 2019/1436, reg. 2(b)

[^key-b3e0659d47d1c9868210399fabe3abaa]: Sch. 1 Pt. 3 paras. 15, 15A substituted for Sch. 1 Pt. 3 para. 15 (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 71(a)

[^key-101b2fcdf9b087fb4523eb062e20df8d]: Words in Sch. 1 Pt. 3 para. 16 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 71(b)

[^key-3e638f15d926b631409d15ee9a6a1007]: Words in reg. 30D(4)(b) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(12)(a) (with Pts. 12, 13)

[^key-6fa0296397cf00205b2452e092c96546]: Words in reg. 30D(5) inserted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(12)(b) (with Pts. 12, 13)

[^key-24979a3bc438a93e47e7890bdb169d19]: Words in reg. 33(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(15) (with Pts. 12, 13)

[^key-ab168677d56e51f34324d23e5b030de1]: Words in reg. 26(b) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(2) (with reg. 8)

[^key-67a3e5778de0fe027443dda9bb5715d8]: Reg. 27(1A)(1B) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(3) (with reg. 8)

[^key-6e153c3193278c1ec38e8c549580630b]: Reg. 30B(1A) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(4)(a) (with reg. 8)

[^key-ee0adf02b2328ebef102a53bafa224e8]: Words in reg. 30B(5)(c)(ii) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(4)(b) (with reg. 8)

[^key-4b6a75dd2c00de7c8e478352c27cf0e4]: Reg. 30B(5A) inserted (temp.) (25.9.2020) by The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020 (S.I. 2020/909), regs. 1(3), 3(4)(c) (with reg. 8)

[^M_C_b95a4a9b-ae40-40ab-9313-caccbb28d4f7]: Reg. 33 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 45(1)

[^M_C_494dd824-5409-48ed-87f2-bf90db83fcd4]: Reg. 14 applied (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 37

[^M_C_a1ad391a-91d9-4db6-ce51-4fe5c8f5c6a7]: Reg. 13 applied (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 36

[^M_C_64d3b553-84f5-4b32-f1c3-1774186d7e02]: Pt. 7 applied (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 5(2)

[^M_C_7478b00d-d3a1-471b-d96a-f26095f8a0e8]: Pt. 4 applied by S.I. 2005/392, reg. 15(1) (as substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(6)(a))

[^M_C_743240cc-e943-4c09-80e8-ce30ae07f4cb]: Reg. 24(1)(a) applied by S.I. 2005/392, reg. 14(1) (as amended (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(5))

[^M_C_034c26db-4a7f-4440-93f9-d6f8201dc77f]: Reg. 30B applied by S.I. 2005/392, reg. 16 (as amended (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(7))

[^M_C_ea12e39f-ef7f-4b0f-c1bd-bc490ead0ab6]: Reg. 30D applied by S.I. 2005/392, reg. 17 (as amended (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), reg. 1, Sch. para. 2(8))

[^key-a691edb91003af8e81f695bf8f471c4d]: Words in 35(6)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

[^key-8ccca98c1d39c82c1cf48c4c1ed0379f]: Sch. 3 Pt. 1 para. 1A inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 130(2)(a)

[^key-b978ad643e51221c0625baf99a74f8e2]: Sch. 3 Pt. 1 para. 6A inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 130(2)(b)

[^key-6dcb080dee3b705a32e75e62325bb8b2]: Sch. 3 Pt. 1 para. 11A inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 130(2)(c)

[^key-1002116e0ec67ff01d299aff4065032f]: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

The central list

Constituting an adoption panel

Adoption agencies operating only for certain purposes

19A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stage 1 – the pre-assessment process

Registration of interest in adoption

Prospective adopter stage one plan

Prospective adopter’s case record

Requirement to provide counselling, information and preparation for adoption

Requirement to carry out police checks

Other pre-assessment information

Pre-assessment decision

Stage 2 – the assessment decision

Stage 2 assessment

Prospective adopter assessment plan

Prospective adopter’s report

Function of the adoption panel

30A

• (1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

• (2) In considering what recommendation to make the adoption panel—

• (a) must consider and take into account all the information and reports passed to it in accordance with regulation 30;

• (b) may request the adoption agency to obtain any other relevant information which the panel considers necessary; and

• (c) may obtain legal advice as it considers necessary in relation to the case.

• (3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either—

• (a) request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2); or

• (b) recommend that the prospective adopter is not suitable to adopt a child.

• (4) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs.

• (5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption agency decision and notification

30B

• (1) Subject to paragraph (2), the adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the assessment process.

• (1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information required under regulation 26(b).

• (2) The adoption agency may delay making the decision under paragraph (1)—

• (a) in a case where the adoption agency considers there are exceptional circumstances which mean it cannot make the decision within that time, or

• (b) upon the request of the prospective adopter.

• (3) No member of the adoption panel may take part in any decision made by the adoption agency under paragraph (1).

• (4) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify the prospective adopter in writing of its decision.

• (5) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must—

• (a) notify the prospective adopter in writing that it proposes not to approve the prospective adopter as suitable to adopt a child (“qualifying determination”);

• (b) send with that notification its reasons together with a copy of the recommendation of the adoption panel if that recommendation is different; and

• (c) advise the prospective adopter that within 40 working days beginning with the date on which the notification was sent the prospective adopter may—

• (i) submit any representations the prospective adopter wishes to make to the agency; or

• (ii) subject to paragraph (5A), apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

• (5A) Where the adoption agency consider that the prospective adopter is not suitable to adopt because of information obtained under regulation 26(b) the prospective adopter may not apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

• (6) If, within the period of 40 working days referred to in paragraph (5)(c), the prospective adopter has not made any representations or applied to the Secretary of State for a review by an independent review panel, the adoption agency must proceed to make its decision and notify the prospective adopter in writing of its decision together with reasons for that decision.

• (7) If, within the period of 40 working days referred to in paragraph (5)(c), the adoption agency receives further representations from the prospective adopter, it may refer the case together with all relevant information to the adoption panel for further consideration.

• (8) The adoption panel must consider any case referred to it under paragraph (7) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to adopt a child.

• (9) The adoption agency must make a decision on the case but—

• (a) if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel made under both paragraph (8) and regulation 30A; or

• (b) if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review panel and the recommendation of the adoption panel made under regulation 30A.

• (10) As soon as possible after making its decision under paragraph (9), the adoption agency must notify the prospective adopter in writing of its decision stating its reasons for that decision if they do not consider the prospective adopter suitable to adopt a child, and of the adoption panel’s recommendation under paragraph (8), if this is different from the agency’s decision.

• (11) In a case where an independent review panel has made a recommendation, the adoption agency must send to the Secretary of State a copy of the notification referred to in paragraph (10).

Information to be sent to the independent review panel

30C

• (1) If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State the information specified in paragraph (2).

• (2) The following information is specified for the purposes of paragraph (1)—

• (a) all of the documents and information which were passed to the adoption panel in accordance with regulation 30;

• (b) any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and

• (c) the documents referred to in regulation 30B(5)(a) and (b).

Review and termination of approval

30D

• (1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

• (a) in a section 83 case, the prospective adopter has visited the child in the country in which the child is habitually resident and has confirmed in writing that they wish to proceed with the adoption; and

• (b) in any other case, a child is placed for adoption with the prospective adopter or the agency is considering placing a child with the prospective adopter in accordance with regulations 31 to 33.

• (2) A review must take place whenever the adoption agency considers it necessary but otherwise not more than one year after approval and thereafter at intervals of not more than one year.

• (3) When undertaking such a review the adoption agency must—

• (a) make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a child; and

• (b) seek and take into account the views of the prospective adopter.

• (4) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must—

• (a) prepare a written report (“the prospective adopter’s review report”) which includes the agency’s reasons;

• (b) decide whether or not to refer the case to the adoption panel and, where applicable, notify the prospective adopter that the case is to be referred to the adoption panel; and

• (c) give the prospective adopter a copy of the report inviting the prospective adopter to send any observations to the agency within 10 working days beginning with the date on which that report is given to the prospective adopter.

• (5) At the end of the period of 10 working days referred to in paragraph (4)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must , where applicable, send the prospective adopter’s review report together with the prospective adopter’s observations to the adoption panel.

• (6) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

• (7) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

• (8) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 30B(2) to (11) apply in relation to that decision by the agency.

Duties of the adoption agency in a section 83 case

30E

Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Secretary of State—

• (a) written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs;

• (b) all the documents and information which were passed to the adoption panel in accordance with regulation 30;

• (c) the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation;

• (d) if the prospective adopter applied to the Secretary of State for a review by an independent review panel of a qualifying determination, the record of the proceedings of that panel, its recommendation and the reasons for its recommendation; and

• (e) any other information relating to the case which the Secretary of State or the relevant foreign authority may require.

Application of Part 4 with modifications to specified persons

30F

• (1) This paragraph applies where the adoption agency is satisfied that the prospective adopter—

• (a) is an approved foster parent; or

• (b) has, at any time, adopted a child—

• (i) in England and Wales, after having been assessed as suitable to adopt in accordance with these Regulations or corresponding Welsh provision; or

• (ii) after having been assessed as suitable to adopt in accordance with the Adoptions with a Foreign Element Regulations 2005 (“the 2005 Regulations”).

• (2) “Corresponding Welsh provision” for the purposes of this regulation means in relation to a Part or a regulation of these Regulations the provision of regulations made by the Assembly under section 9 of the Act which corresponds to that Part or regulation.

• (3) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

• (4) Where the prospective adopter is an approved foster parent and consents, the adoption agency may request access to any relevant records compiled in relation to that approval by the fostering service provider.

• (5) In this regulation “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Services (England) Regulations 2011 but does not include a person with whom a child is placed under regulation 24 or 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

Referral to the Adoption Register – prospective adopters

30G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective adopter matching plan

30H

Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes—

• (a) information about the duties of the adoption agency under Parts 5 and 6 of these Regulations;

• (b) information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter;

• (c) information about the process for making a representation (including a complaint) under the 1989 Regulations; and

• (d) any other matters that the agency consider relevant.

Information about the home etc of the prospective adopter

1

Name, date of birth, sex, weight and height.

2

A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and any hereditary disease or disorder.

3

Infertility or reasons for deciding not to have children (if applicable).

4

Past health history, including details of any serious physical or mental illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given.

5

Obstetric history (if applicable).

6

Details of any present illness, including treatment and prognosis.

7

Details of any consumption of alcohol that may give cause for concern or whether the prospective adopter smokes or uses habit-forming drugs.

8

Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency.

PART 3 — Information to be provided during stage 2

Information about the prospective adopter

1

A photograph and physical description.

2

Racial origin and cultural and linguistic background.

3

Religious persuasion.

4

Relationship (if any) to the child.

5

A description of the prospective adopter’s personality and interests.

6

A family tree with details of the prospective adopter, the prospective adopter’s siblings and any children of the prospective adopter, with their ages (or ages at death).

7

A chronology of the prospective adopter from birth.

8

The observations of the prospective adopter about their own experience of being parented and how this has influenced them.

9

Details of any experience the prospective adopter has had of caring for children (including as a parent, step-parent, foster parent, child minder or prospective adopter) and an assessment of the prospective adopter’s ability in this respect.

Wider Family

Information about the home etc of the prospective adopter

Education and employment

Income

Other information

SCHEDULE4A — Modifications to Part 4

1

Regulation 22 does not apply.

2

Regulations 24, 25 and 26 only apply where an adoption agency considers it necessary.

3

Regulations 27 and 28 do not apply.

4

Regulation 30 applies as if—

• (a) paragraphs (1) and (4) were omitted;

• (b) for paragraph (2) there were substituted—

(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes— (a) where applicable, a summary, written by the agency’s medical adviser, of the state of the health of the prospective adopter; (b) where applicable, any observations of the agency on the matters referred to in regulation 25; (c) where applicable, any relevant information obtained by the agency under regulation 26; (d) the agency’s assessment of the prospective adopter’s suitability to adopt; and (e) any other information which the agency considers relevant.

; and

• (c) the words “where applicable” were inserted at the beginning of paragraph (6)(b).

5

Regulation 30A(3) does not apply.

6

Regulation 30B applies as if for paragraph (1) there were substituted—

(1) The adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the pre-assessment process.

Requirement to identify potential prospective adopters

12A

• (1) The adoption agency must—

• (a) identify prospective adopters who may be suitable to adopt the child, and

• (b) use its best endeavours to identify a particular prospective adopter with whom it proposes the child is placed, as soon as reasonably practicable.

• (2) Where the adoption agency is considering adoption for two or more siblingsit must, in carrying out the duties in paragraph (1), consider whether toseek to identify prospective adopters who may be suitable to adopt two or more ofthesiblings together,having regard to the bestinterests of eachsibling.

• (3) In determining whether a prospective adopter may be suitable to adopt the child, the adoption agency must assess the ability of the prospective adopter to meet the needs of the child throughout childhood.

Duties of adoption agency when a child is to be placed following consideration in accordance with section 22C(9B)(c) of the Children Act 1989

12B

• (1) This regulation applies where—

• (a) a decision has been made in accordance with regulation 22A of the 2010 Regulations to place the child, and

• (b) the adoption agency identifies a particular prospective adopter with whom it proposes the child is placed.