Legalize / United Kingdom / Statutory-Instrument

The Adoption Support Services Regulations 2005

Type Statutory-Instrument

Publication 2005-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 11th March 2005

Laid before Parliament: 22nd March 2005

Coming into force: 30th December 2005

The Secretary of State, in exercise of the powers conferred on her by sections 9(2) and (3) and 57A of the Adoption Act 1976[^f00001] and sections 2(6) and (7), 3(3) and (4), 4, 9(1)(a), 140(1), (2), (7) and (8) and 142(4) of, and paragraph 3 of Schedule 2 to, the Adoption and Children Act 2002[^f00002] hereby makes the following Regulations:–

PART 1 — INTRODUCTORY

Citation, commencement and application

1

(1) These Regulations may be cited as the Adoption Support Services Regulations 2005 and shall come into force on 30th December 2005.

(2) These Regulations apply to England only.

Interpretation

2

(1) In these Regulations—

“the Act” means the Adoption and Children Act 2002;

“adoptive child” means—a child who has been adopted or in respect of whom a person has given notice of his intention to adopt under section 44 of the Act; ora child whom an adoption agency has matched with a prospective adopter or placed for adoption;

“adoptive parent” means—a person who has adopted a child or has given notice under section 44 of the Act of his intention to adopt a child; ora person with whom an adoption agency has matched a child or has placed a child for adoption;

“agency adoptive child” means—a child who has been adopted after having been placed for adoption by an adoption agency; ora child whom an adoption agency has matched with a prospective adopter or placed for adoption;a child whose adoptive parent has been a local authority foster parent in relation to him (unless the local authority oppose the adoption);

“child” means (subject to paragraph (2)) a person who has not attained the age of 18;

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992[^f00003];

“integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

“jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995[^f00004];

“local authority foster parent” has the same meaning as in the Children Act 1989[^f00005];

“Local Health Board” means a Local Health Board established by the National Assembly for Wales under section 16BA of the National Health Service Act 1977[^f00007];

“looked after child” means a child referred to in section 22(1) of the Children Act 1989;

“related person” in relation to an adoptive child means—a relative within the meaning of section 144(1) of the Act; orany 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 Act;

“statutory adoption leave” has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations 2002;

“statutory adoption pay” means payments payable in accordance with Part 12ZB of the Social Security Contributions and Benefits Act 1992;

“tax credit” has the same meaning as in the Tax Credits Act 2002[^f00008];

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.

(2) In any case where—

(a) a person has attained the age of 18 years and is in full-time education or training; and

(b) immediately before he attained the age of 18 years—

(i) he was an adoptive child; and

(ii) financial support was payable in relation to him,

the definition of “child” shall, for the purposes of the continued provision of financial support and any review of financial support, have effect in relation to him as if he had not attained the age of 18 years.

(3) For the purposes of these Regulations a child has been matched with a prospective adopter if an adoption agency is considering placing the child for adoption with that person.

PART 2 — PROVISION OF ADOPTION SUPPORT SERVICES

Prescribed services

3

(1) For the purposes of section 2(6)(b) of the Act the following services are prescribed as adoption support services (in addition to counselling, advice and information)—

(a) financial support payable under Part 3;

(b) services to enable groups of adoptive children, adoptive parents and natural parents or former guardians of an adoptive child to discuss matters relating to adoption;

(c) assistance, including mediation services, in relation to arrangements for contact between an adoptive child and a natural parent, natural sibling, former guardian or a related person of the adoptive child;

(d) services in relation to the therapeutic needs of an adoptive child;

(e) assistance for the purpose of ensuring the continuance of the relationship between an adoptive child and his adoptive parent, including—

(i) training for adoptive parents for the purpose of meeting any special needs of the child; and

(ii) subject to paragraph (4), respite care;

(f) assistance where disruption of an adoptive placement, or of an adoption arrangement following the making of an adoption order, has occurred or is in danger of occurring, including—

(i) making arrangements for the provision of mediation services; and

(ii) organising and running meetings to discuss disruptions in such placements or arrangements.

(2) The services prescribed in paragraph (1) do not include any services that might be provided in the case of an adoption of a child by his natural parent or the partner of his natural parent.

(3) The services prescribed in paragraph (1)(b) to (f) may include giving assistance in cash.

(4) For the purposes of paragraph (1)(e)(ii) respite care that consists of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 23 of the Children Act 1989 (accommodation of looked after children) or by a voluntary organisation under section 59 of that Act.

Persons to whom adoption support services must be extended

4

(1) This regulation prescribes, for the purposes of section 3(3)(a) of the Act, the description of persons to whom the provision of adoption support services must be extended.

(2) Counselling, advice and information must extend to—

(a) children who may be adopted, their parents and guardians;

(b) persons wishing to adopt a child;

(d) children of adoptive parents (whether or not adopted);

(e) children who are natural siblings (whether full or half-blood) of an adoptive child;

(f) related persons in relation to adoptive children.

(3) Financial support under Part 3 must extend to an adoptive parent of an agency adoptive child.

(4) The services mentioned in regulation 3(1)(b) (services to enable discussion) must extend to—

(a) an adoptive parent of an agency adoptive child;

(b) an agency adoptive child;

(5) The services mentioned in regulation 3(1)(c) (contact) must extend to—

(a) an adoptive parent of an agency adoptive child;

(b) an agency adoptive child;

(d) a natural parent, former guardian or related person in relation to an agency adoptive child.

(6) The services mentioned in regulation 3(1)(d) (therapeutic services) must extend to—

(a) an agency adoptive child;

(b) an adoptive child in circumstances where the restrictions in section 83 of the Act (restrictions on bringing children in) apply;

(7) The services mentioned in regulation 3(1)(e) to (f) (services to ensure continuation of a relationship and services to assist in cases of disruption) must extend to—

(a) a child mentioned in paragraph (6);

(b) an adoptive parent of such a child;

Arrangement for securing provision of services

5

(1) The following persons are prescribed for the purposes of section 3(4)(b) of the Act (persons other than registered adoption societies who may provide the requisite facilities) in relation to the provision of adoption support services—

(a) another local authority;

(b) a registered adoption support agency;

(bb) a person falling within regulation 4(4) or 4(5) of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In paragraph (1) “registered adoption support agency” means an adoption support agency which is—

(a) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or

(b) registered as a provider in Wales of an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

Adoption support services adviser

6

(1) The local authority must appoint a person (an “adoption support services adviser”) to carry out the functions specified in paragraph (2).

(2) The functions of the adoption support services adviser are to—

(a) give advice and information to persons who may be affected by the adoption or proposed adoption of a child, including as to—

(i) services that may be appropriate to those persons; and

(ii) how those services may be made available to them;

(b) give advice, information and assistance to the local authority which appointed him, including as to—

(i) the assessment of needs for adoption support services in accordance with Part 4;

(ii) the availability of adoption support services;

(iii) the preparation of plans required under section 4(5) of the Act; and

(3) The local authority must not appoint a person as an adoption support services adviser unless they are satisfied that his knowledge and experience of—

(a) the process of adoption; and

(b) the effect of the adoption of a child on persons likely to be affected by the adoption, is sufficient for the purposes of the work that he is to perform.

Services for persons outside the area

7

(1) Section 4 of the Act applies to a local authority in respect of the following persons who are outside the authority’s area—

(a) an agency adoptive child whom the authority has placed for adoption or who has been adopted after being placed for adoption by the authority;

(b) an adoptive parent of such a child;

(2) But section 4 ceases to apply at the end of the period of three years from the date of the adoption order except in relation to any financial support provided by the local authority where the decision to provide that support was made before the adoption.

(3) Nothing in this regulation prevents a local authority from providing adoption support services to persons outside their area where they consider it appropriate to do so.

PART 3 — PROVISION OF FINANCIAL SUPPORT

Circumstances in which financial support is payable

8

(1) Financial support is payable under this Part to an adoptive parent for the purpose of supporting the placement of the adoptive child or the continuation of adoption arrangements after an adoption order is made.

(2) Such support is payable only in the following circumstances—

(a) where it is necessary to ensure that the adoptive parent can look after the child;

(b) where the child needs special care which requires greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect;

(c) where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of—

(i) the age or ethnic origin of the child; or

(ii) the desirability of the child being placed with the same adoptive parent as his brother or sister (whether of full or half-blood) or with a child with whom he previously shared a home;

(d) where such support is to meet recurring costs in respect of travel for the purpose of visits between the child and a related person;

(e) where the local authority consider it appropriate to make a contribution to meet the following kinds of expenditure—

(i) expenditure on legal costs, including fees payable to a court in relation to an adoption;

(ii) expenditure for the purpose of introducing an adoptive child to his adoptive parent;

(iii) expenditure necessary for the purpose of accommodating and maintaining the child, including the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child.

Remuneration for former foster parents

9

(1) Financial support under this Part may include an element of remuneration but only where the decision to include it is taken before the adoption order is made and the local authority consider it to be necessary to facilitate the adoption in a case where—

(a) the adoptive parent has been a local authority foster parent in respect of the child; and

(b) an element of remuneration was included in the payments made by the local authority to the adoptive parent in relation to his fostering the child.

(2) But that element of remuneration ceases to be payable at the end of the period of two years from the adoption order unless the local authority consider its continuation to be necessary having regard to the exceptional needs of the child or any other exceptional circumstances.

Payment of financial support

10

Financial support under this Part may be paid—

(a) periodically, if it is provided to meet a need which is likely to give rise to recurring expenditure; or

(b) in any other case, by a single payment or, if the local authority and adoptive parent agree, by instalments.

Cessation of financial support

11

Financial support ceases to be payable to an adoptive parent if—

(a) the child ceases to have a home with him;

(b) the child ceases full-time education or training and commences employment;

(c) the child qualifies for universal credit, income support , employment and support allowance, or jobseeker’s allowance in his own right; or

(d) the child attains the age of 18 unless he continues in full-time education or training, when it may continue until the end of the course or training he is then undertaking.

Conditions

12

(1) Where financial support is to be paid periodically, it is not payable until the adoptive parent or, in the case of adoption by a couple, each adoptive parent, has agreed to the following conditions—

(a) that he will inform the local authority immediately if—

(i) he changes his address;

(ii) the child dies;

(iii) any of the changes mentioned in regulation 11 (cessation of financial support) occurs; or

(iv) there is a change in his financial circumstances or the financial needs or resources of the child which may affect the amount of financial support payable to him,

and, where the information is given orally, that he will confirm it in writing within seven days;

(b) that he will complete and supply the local authority with an annual statement as to the following matters—

(i) his financial circumstances;

(ii) the financial needs and resources of the child;

(iii) his address and whether the child still has a home with him.

(2) The local authority may provide financial support subject to any other conditions they consider appropriate, including the timescale within which and purposes for which any payment of financial support should be utilised.

(3) Subject to paragraph (4), where any condition imposed in accordance with this regulation is not complied with, the local authority may—

(a) suspend or terminate payment of financial support; and

(b) seek to recover all or part of the financial support they have paid.

(4) Where the condition not complied with is a failure to provide an annual statement in accordance with an agreement referred to in paragraph (1), the local authority shall not take any steps under paragraph (3) until—

(a) they have sent to the person who entered into the agreement a written reminder of the need to provide an annual statement; and

(b) 28 days have expired since the date on which that notice was sent.

PART 4 — ASSESSMENTS AND PLANS

Request for assessment

13

(1) The following persons are prescribed for the purposes of section 4(1)(b) of the Act (persons at whose request an assessment must be carried out)—

(a) a child of an adoptive parent (whether or not adopted);

(b) a child who is the natural sibling (whether full or half-blood) of an adoptive child;

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