The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005

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"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[4];

"the registration authority" means the Commission for Social Care Inspection [5];

"relative" in relation to an adopted person means a person who, but for the adoption, would be related to him by blood (including half-blood) or marriage;

"section 56 information" means the information prescribed by regulation 4.

Information to be kept about a person's adoption
     4.  - (1) Paragraphs (2) and (3) prescribe, for the purposes of section 56 of the Act, the information that an adoption agency must keep in relation to a person's adoption ("section 56 information").

    (2) The adoption agency must continue to keep the case record that was set up in respect of the adopted person under Part 3 of the Adoption Agencies Regulations 2005[6] or under the Adoption Agencies Regulations 1983[7].

    (3) Subject to paragraph (4) the adoption agency must also keep - 

(a) any information that has been supplied by a natural parent or relative or other significant person in the adopted person's life, with the intention that the adopted person may, should he wish to, be given that information;

(b) any information supplied by the adoptive parents or other persons which is relevant to matters arising after the making of the adoption order;

(c) any information that the adopted person has requested should be kept;

(d) any information given to the adoption agency in respect of an adopted person by the Registrar General under section 79(5) of the Act (information that would enable an adopted person to obtain a certified copy of the record of his birth);

(e) any information disclosed to the adoption agency about an entry relating to the adopted person on the Adoption Contact Register;

(f) any information required to be recorded in accordance with regulation 10, 14 or 18;

(g) the record of any agreement under regulation 11.

    (4) The adoption agency is not required to keep any information falling within paragraph (3)(a) to (c) if the adoption agency considers - 

(a) that it would be prejudicial to the adopted person's welfare to keep it; or

(b) that it would not be reasonably practicable to keep it.

Storage and manner of keeping of section 56 information
     5. The adoption agency must ensure that section 56 information in relation to a person's adoption is at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.

Preservation of section 56 information
     6. The adoption agency must keep section 56 information in relation to a person's adoption for at least 100 years from the date of the adoption order.

Transfer of section 56 information
     7.  - (1) Where a registered adoption society[8] intends to cease to act or exist as such, it must transfer any section 56 information which it holds in relation to a person's adoption - 

(a) to another adoption agency, having first obtained the approval of the registration authority for such transfer;

(b) to the local authority in whose area the society's principal office is situated; or

(c) in the case of a society which amalgamates with another registered adoption society to form a new registered adoption society, to the new body.

    (2) A registered adoption society that transfers its records to another adoption agency by virtue of paragraph (1) must, if its activities were principally based in the area of a single local authority, give written notification of the transfer to that authority.

    (3) An adoption agency to which records are transferred by virtue of paragraph (1) must give written notification of the transfer to the registration authority.

(a) a registered adoption support agency or another adoption agency which provides services to the adoption agency in connection with any of its functions under section 61 or 62 of the Act (disclosing protected information about adults or about children); or

(b) a person who is authorised in writing by the Secretary of State to obtain information for the purposes of research.

Disclosure required for purposes of inquiries, inspection etc.
     9. An adoption agency must disclose section 56 information (including protected information) as may be required - 

(a) to those holding an inquiry under section 17 of the Act or section 81 of the Children Act 1989[10] for the purposes of such an inquiry;

(b) to the Secretary of State;

(c) to the registration authority;

(d) subject to the provisions of section 29(7) and 32(3) of the Local Government Act 1974[11] (investigations and disclosure), to the Commission for Local Administration in England, for the purposes of any investigation conducted in accordance with Part 3 of that Act;

(e) to any person appointed by the adoption agency for the purposes of the consideration by the agency of any representations (including complaints);

(f) to a panel constituted under section 12 of the Act to consider a qualifying determination in relation to the disclosure of section 56 information;

(g) to a court having power to make an order under the Act or under the Children Act 1989.

Requirements relating to disclosure
     10. The adoption agency must make a written record of any disclosure made under regulation 8 or 9, which must include - 

(a) a description of the information disclosed;

(b) the date on which the information is disclosed;

(c) the person to whom the information is disclosed;

(d) the reason for disclosure.

Agreements for the disclosure of protected information
     11.  - (1) A prescribed agreement for the purposes of section 57(5) of the Act is - 

(a) an agreement made between the adoption agency and a person aged 18 or over at the time the agreement is made as to the disclosure of protected information about him; or

(b) an agreement made between the adoption agency and each of the following persons as to the disclosure of protected information about them or about the adopted person - 


(i) the adoptive parent, or in the case of adoption by a couple, both adoptive parents, of the adopted person;

(ii) each person who, before the adoption order was made, was a parent with parental responsibility for the adopted person.

    (2) The adoption agency must keep a written record of any such agreement and that record must include - 

(a) the full names and signatures of the persons who are parties;

(b) the date on which it is made;

(c) the reasons for making it;

(d) the information that may be disclosed in accordance with the agreement;

(e) any agreed restrictions on the circumstances in which information may be disclosed.

Record of views
     14. An adoption agency must ensure that any views obtained under section 61(3) or 62(3) or (4) of the Act are recorded in writing.

Independent review
     15.  - (1) The following determinations by the appropriate adoption agency in relation to an application under section 61 of the Act are qualifying determinations for the purposes of section 12 of the Act (independent review of determinations) - 

(a) not to proceed with an application from any person for disclosure of protected information;

(b) to disclose information against the express views of the person the information is about;

(c) not to disclose information about a person to the applicant where that person has expressed the view that the information should be disclosed.

    (2) The adoption agency must give the relevant person written notification of the determination, which must - 

(a) state the reasons for it; and

(b) advise the relevant person that he may apply to the Secretary of State within 40 working days, beginning with the date on which the notification was sent, for a review by an independent review panel of the qualifying determination.

    (3) If the adoption agency receives notification from the Secretary of State that the relevant person 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 - 

(a) a copy of the application for disclosure of information;

(b) a copy of the notification given under paragraph (2);

(c) the record of any views obtained by the agency under section 61(3) of the Act; and

(d) any additional information requested by the panel.

    (4) The adoption agency must not take any action in accordance with its original determination before - 

(a) the independent review panel has made its recommendation; or

(b) if the person has not applied for a review within that 40 day period, the end of that period.

    (5) The adoption agency must have regard to any recommendation of the independent review panel in deciding whether to proceed with its original determination.

    (6) In paragraph (3) - 

(a) the reference to an independent review panel is to a panel constituted for the purposes of section 12 of the Act; and

(b) "working day" means any day other than a Saturday or Sunday, Christmas day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971[12].

    (7) In this regulation "the relevant person" is - 

(a) in the case of a qualifying determination mentioned in paragraph (1)(a) or (c), the applicant;

(b) in the case of a qualifying determination mentioned in paragraph (1)(b), the person the protected information is about.

    (2) The information provided under paragraph (1) must include information about the fees that may be charged by persons providing counselling.

Duty to secure counselling
     17.  - (1) Where a person mentioned in regulation 16(1) requests that counselling be provided for him, the adoption agency must make arrangements to secure counselling for that person.

    (2) The adoption agency may provide the counselling itself or make arrangements with any of the following persons for provision of counselling - 

(a) if the person is in England or Wales, another adoption agency or a registered adoption support agency;

(b) if the person is in Scotland, a Scottish adoption agency;

(c) if the person is in Northern Ireland, an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987[13] or any Board; or

(d) if the person is outside the United Kingdom, any person or body outside the United Kingdom who appears to the agency to correspond in its functions to a body mentioned in paragraphs (a) to (c).

    (3) In this regulation "Board" means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[14] or, where the functions of a Board are exercisable by a Health and Social Services Trust, that Trust.

Disclosure of information for the purposes of counselling
     18.  - (1) An adoption agency may disclose any information (which may include protected information) which is required for the purposes of providing counselling to any person with whom it has made arrangements to provide counselling.

    (2) An adoption agency must make a written record of any disclosure made by virtue of this regulation.

Registrar General to disclose information regarding the appropriate adoption agency and the Adoption Contact Register
     20.  - (1) The Registrar General must - 

(a) disclose to any person (including an adopted person) at his request any information that the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of the person specified in the request (or, as the case may be, in the applicant's case); and

(b) disclose to the appropriate adoption agency any information that the agency requires, in relation to an application under section 60, 61 or 62 of the Act, about any entry relating to an adopted person on the Adoption Contact Register.

    (2) The appropriate adoption agency must pay any fee that the Registrar General determines is reasonable for the disclosure of information under paragraph (1)(b).

[2] The Registrar General's approval is required for regulation 19(2) by virtue of section 65(5) of the Act.back

[3] The approval of the Chancellor of the Exchequer is required for regulation 20(2) by virtue of section 65(4) of the Act.back

[4] 2000 c.14.back

[5] See section 42 of the Health and Social Care (Community Health and Standards) Act 2003 (c.41).back

[6] S.I. 2005/389.back

[7] S.I. 1983/1964.back

[8] See section 2(2) of the Act.back

[9] See section 57(3) of the Act for the meaning of "protected information".back

[10] 1989 c.41.back

[11] 1974 c.7.back

[12] 1971 c.80.back

[13] S.I. 1987/2203 (N.I. 22)back

[14] S.I. 1972/1265 (N.I. 14).back