The Adoption Support Services Regulations 2005 © Crown Copyright 2005 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Adoption Support Services Regulations 2005, ISBN 0110725409. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
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[1] 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[2] hereby makes the following Regulations:- 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 -
(b) a child whom an adoption agency has matched with a prospective adopter or placed for adoption;
(b) a person with whom an adoption agency has matched a child or has placed a child for adoption;
(b) a child whom an adoption agency has matched with a prospective adopter or placed for adoption; (c) a child whose adoptive parent has been a local authority foster parent in relation to him (unless the local authority oppose the adoption);
(b) any person with whom the adoptive child has a relationship which appears to the local authority to be beneficial to the welfare of the child having regard to the matters referred to in sub-paragraphs (i) to (iii) of section 1(4)(f) of the Act;
(2) In any case where -
(b) immediately before he attained the age of 18 years -
(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. 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) -
(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 -
(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 -
(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.
(b) persons wishing to adopt a child; (c) adopted persons, their parents, natural parents and former guardians; (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.
(b) an agency adoptive child; (c) a natural parent or former guardian of an agency adoptive child.
(5) The services mentioned in regulation 3(1)(c) (contact) must extend to -
(b) an agency adoptive child; (c) a child who is the natural sibling (whether full or half-blood) of an 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 -
(b) an adoptive child in circumstances where the restrictions in section 83 of the Act (restrictions on bringing children in) apply; (c) an adoptive child in the case of a Convention adoption[9].
(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 -
(b) an adoptive parent of such a child; (c) a child of such an adoptive parent (whether or not adopted).
Arrangement for securing provision of services
(b) a registered adoption support agency; (c) a Local Health Board or Primary Care Trust; and (d) a local education authority.
(2) In paragraph (1) "registered adoption support agency" means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000[10].
(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 -
(ii) the availability of adoption support services; (iii) the preparation of plans required under section 4(5) of the Act; and
(c) consult with, and give advice, information and assistance to, another local authority where appropriate.
(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 -
(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
(b) an adoptive parent of such a child; (c) a child of such an adoptive parent (whether or not adopted).
(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. 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 -
(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 -
(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;
(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
(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.
(b) in any other case, by a single payment or, if the local authority and adoptive parent agree, by instalments.
Cessation of financial support
(b) the child ceases full-time education or training and commences employment; (c) the child qualifies for income support 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
(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;
(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.
(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 -
(b) 28 days have expired since the date on which that notice was sent.
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) -
(b) a child who is the natural sibling (whether full or half-blood) of an adoptive child; (c) a related person in relation to an adoptive child.
(2) Where the request of a person falling within section 4(1)(a) of the Act or paragraph (1) for an assessment relates to a particular adoption support service, or it appears to the local authority that the person's needs for adoption support services may be adequately assessed by reference to a particular adoption support service, the local authority may carry out the assessment by reference only to that service.
(b) the needs of the adoptive family and how these might be met; (c) the needs, including developmental needs, of the adoptive child and how these might be met; (d) the parenting capacity of the adoptive parent; (e) wider family and environmental factors; (f) in the case of a child who is, or was, placed for adoption or matched for adoption, the circumstances that led to the child being so placed or matched; and (g) any previous assessment of needs for adoption support services undertaken in relation to the person in question.
(2) In paragraph (1) "adoptive family" means the family consisting of the adoptive child, the adoptive parents and any other child of the adoptive parents (whether or not adopted).
(b) prepare a written report of the assessment.
(4) Where it appears to the local authority that the person may have a need for services from a Primary Care Trust, a Local Health Board or a local education authority, the local authority shall, as part of the assessment, consult that Primary Care Trust, Local Health Board or local education authority.
(b) the amount required by the person in respect of his reasonable outgoings and commitments (excluding outgoings in respect of the child); (c) the financial needs and resources of the child.
(4) The local authority must disregard the considerations in paragraph (3) where they are considering providing financial support in respect of -
(b) expenditure for the purpose of introducing an agency adoptive child to his adoptive parents.
(5) The local authority may disregard any of the considerations in paragraph (3) -
(ii) recurring costs in respect of travel for the purpose of visits between the child and a related person; or (iii) any special arrangements or special care referred to in regulation 8(2)(b) or (c) in relation to an agency adoptive child; or
(b) where they are considering including an element of remuneration under regulation 9.
Plan
(b) where the assessment relates to his need for financial support, the basis upon which financial support is determined; (c) whether the local authority propose to provide him with adoption support services; (d) the services (if any) that are proposed to be provided to him; (e) if financial support is to be paid to him, the proposed amount that would be payable; and (f) any proposed conditions under regulation 12(2).
(4) In a case where the local authority propose to provide adoption support services and are required to prepare a plan under section 4(5) of the Act, the notice must be accompanied by a draft of that plan.
(b) the period of time for making representations has expired.
Notification of decision as to adoption support services
(b) where financial support is to be paid in instalments or periodically -
(ii) the frequency with which the payment will be made; (iii) the period for which financial support is to be paid; (iv) when the first payment of financial support is to be made.
(c) where financial support is to be paid as a single payment, when the payment is to be made;
(ii) the adoptive parent pursuant to any agreement mentioned in regulation 12.
Reviews: general procedure 19. - (1) This regulation applies where the local authority provide adoption support services for a person other than financial support payable periodically. (2) The local authority must review the provision of such services -
(b) at such stage in the implementation of the plan as they consider appropriate; (c) in any event, at least annually.
(3) Regulations 14 and 15 apply in relation to a review under this regulation as they apply in relation to an assessment under Part 4.
(b) where appropriate, revise the plan.
(7) The local authority must give the person notice of their decision (including the reasons for it) and, if applicable, details of the revised plan.
(b) if any relevant change of circumstances or any breach of a condition mentioned in regulation 12 comes to their notice; (c) at any stage in the implementation of the plan that they consider appropriate.
(3) In paragraph (2) a relevant change of circumstances is any of the changes that the adoptive parent has agreed to notify under regulation 12.
(b) where appropriate, revise the plan.
(9) The local authority must give the person notice of their decision including the reasons for it and, if applicable, the revised plan. Urgent cases 21. Where any requirement applicable to the local authority under these Regulations in relation to carrying out an assessment, preparing a plan or giving notice would delay the provision of a service in a case of urgency, that requirement does not apply. Notices 22. - (1) Any notice required to be given under these Regulations must be given in writing. (2) If the person to whom notice is to be given is a child and -
(b) in all the circumstances it is not appropriate to give him such notice,
the notice must be given to his adoptive parent or to the adult that the local authority consider most appropriate.
(b) the service provided by the recovering authority is advice or information under section 2(6)(a) of the Act.
Revocations and transitional provision
(b) a plan was being prepared or was in place; (c) a review was being arranged or was underway; or (d) an adoption support service was being provided,
under the 2003 Regulations. (This note is not part of the Regulations) These Regulations make provision for local authorities in England to provide adoption support services as part of the service maintained by them under section 3(1) of the Adoption and Children Act 2002 ("The Act"). Part 2 deals with the provision of adoption support services, which are defined by section 2(6) of the Act as counselling, advice and information, and other services prescribed by regulations, in relation to adoption. Such services are prescribed by regulation 3 and include financial support (as required by section 2(7) of the Act). The services must be extended to the classes of person specified in regulation 4 and their provision may be secured from the persons specified in regulation 5. Local authorities are required to appoint an adoption support services adviser to give advice and information to them and to persons who may be affected by the adoption of a child (regulation 6). Regulation 7 provides for services to persons outside the local authority's area. Part 3 deals with financial support. It may only be paid in the circumstances specified in regulation 8. It may only include a remuneration element where paid to a former local authority foster parent (regulation 9). Regulations 10 to 12 provide for payment of financial support, circumstances in which financial support ceases and conditions that may be imposed. Part 4 deals with the assessment of a person's needs for adoption support services, plans for provision of services and notifications of proposals and decisions in relation to the provision of services. Part 5 deals with reviews of adoption support services. Part 6 contains miscellaneous provisions, including a general exception from giving notice etc. in cases of urgency (regulation 21), service of notices (regulation 22) and recovery of expenses between authorities (regulation 23). Regulation 24 revokes the Adoption Allowance Regulations 1991 and the Adoption Support Services (Local Authorities) (England) Regulations 2003 and makes transitional provision. A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk/ria/. Notes: [1] 1976 c.36.back [9] See section 66(1)(c) of the Act for the meaning of "Convention adoption".back
ISBN 0 11 072540 9
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2005 | Prepared 22 March 2005 |