The Adoption Agencies Regulations 2005

The central list

Constituting an adoption panel

Adoption agencies operating only for certain purposes

19A

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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

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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.

• (2) The adoption agency must—

• (a) notify the prospective adopter in writing of the decision to place the child with the prospective adopter, and

• (b) explain the decision to the child in an appropriate manner, having regard to the child’s age and understanding.

• (3) For the purposes of this regulation “placed” means placed in accordance with section 22C of the 1989 Act with a local authority foster parent who is also an approved prospective adopter following consideration in accordance with section 22C(9B)(c) of that Act.

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others

Requirement to obtain information about the child

Requirement to obtain information about the child's family

Requirement to prepare child's permanence report ...

Function of the adoption panel in relation to a child referred by the adoption agency

Adoption agency decision and notification

Information to be provided for entry in Part 1 of the register

Request to appoint an officer of the Service or a Welsh family proceedings officer

Information to be provided for entry in Part 3 of the register

SCHEDULE 1A — Information about children suitable for adoption

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3

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5

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6

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7

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8

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9

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10

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11

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12

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15

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16

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17

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18

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19

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20

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21

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SCHEDULE 4B — Information about prospective adopters who are suitable to adopt a child

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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15A

Whether—

• (a) if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or

• (b) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.

1A

Any of the following offences—

• (a) an offence of virginity testing under section 136 of the Health and Care Act 2022,

• (b) an offence of offering to carry out virginity testing under section 137 of that Act,

• (c) an offence of aiding or abetting etc a person to carry out virginity testing under section 138 of that Act,

• (d) an offence of carrying out hymenoplasty under section 148 of that Act,

• (e) an offence of offering to carry out hymenoplasty under section 149 of that Act, and

• (f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 150 of that Act.

6A

Any of the following offences—

• (a) an offence of virginity testing under section 140 of the Health and Care Act 2022,

• (b) an offence of offering to carry out virginity testing under section 141 of that Act,

• (c) an offence of aiding or abetting etc a person to carry out virginity testing under section 142 of that Act,

• (d) an offence of carrying out hymenoplasty under section 152 of that Act,

• (e) an offence of offering to carry out hymenoplasty under section 153 of that Act, and

• (f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 154 of that Act.

11A

Any of the following offences—

• (a) an offence of virginity testing under section 144 of the Health and Care Act 2022,

• (b) an offence of offering to carry out virginity testing under section 145 of that Act,

• (c) an offence of aiding or abetting etc a person to carry out virginity testing under section 146 of that Act,

• (d) an offence of carrying out hymenoplasty under section 156 of that Act,

• (e) an offence of offering to carry out hymenoplasty under section 157 of that Act, and

• (f) an offence of aiding or abetting etc a person to carry out hymenoplasty under section 158 of that Act.