The Adoption Agencies (Wales) Regulations 2005

[^key-c1a6b55e16c9a12d015dbe67d2c35efa]: Word in Sch. 1 Pt. 5 heading substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(i)

[^key-c224d387d2e74d6fcfaba861bab2720f]: Sch. 1 Pt. 2 para. 4 in force at 30.12.2005, see reg. 1(1)

[^key-c316b139b492e0094144e6cf233fa44b]: Sch. 1 Pt. 1 para. 6 in force at 30.12.2005, see reg. 1(1)

[^key-c3c41c1ece261f9aa1033a8b7f18d484]: Sch. 1 Pt. 3 para. 10 in force at 30.12.2005, see reg. 1(1)

[^key-c43cb46b1adf04b17b040a9fb7fd1d01]: Reg. 17 in force at 30.12.2005, see reg. 1(1)

[^key-c69a6906862e15f23af37290a8cb5eab]: Words in Sch. 1 Pt. 3 para. 27 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. 16(10)(e) (with Sch. 4)

[^key-c69f6bbecc711806f0b7a91a917944f1]: Sch. 6 para. 8 in force at 30.12.2005, see reg. 1(1)

[^key-c6e189640762c15f49c53cf704134424]: Sch. 1 Pt. 1 para. 13 in force at 30.12.2005, see reg. 1(1)

[^key-ccec980b4087977c914b20cbaf9e3893]: Sch. 5 para. 6 in force at 30.12.2005, see reg. 1(1)

[^key-cd4da51cc145f04323be927846e4b449]: Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(b) (with reg. 3)

[^key-cd9ea3133713be159a59dddbb935ef4e]: Word in Sch. 1 Pt. 5 para. 3 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(ii)

[^key-ce857ce183e0dc3349079cdcb659f4ad]: Sch. 1 Pt. 5 para. 3 in force at 30.12.2005, see reg. 1(1)

[^key-d2737ca6236f8d5b1d07230bf72b45c2]: Reg. 46 in force at 30.12.2005, see reg. 1(1)

[^key-d5591fa6fde2214d73a1aaaed05af750]: Words in Sch. 1 Pt. 1 para. 1 heading 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. 16(10)(a) (with Sch. 4)

[^key-d68bfc5285b9d1264e122664cbe7d2b5]: Sch. 1 Pt. 5 para. 2 in force at 30.12.2005, see reg. 1(1)

[^key-d6d25eeac11b616f7d2d7588f77aea0b]: Words in reg. 38(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(6)

[^key-d6ff06be6aa556a534fe1d63199e2dfc]: Reg. 46(1)(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(7)

[^key-d8df77a75bc4d7c645a2692a8b3faeea]: Words in reg. 17(1)(d)(e)(g) 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. 16(5) (with Sch. 4)

[^key-dbd0c3ad2b5e6e294b7aeeb92c724df8]: Words in reg. 14(3)(b)(ii) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 11(2)(b)

[^key-dd62c1e7a0a5141348c53ccbcdc9afe4]: Sch. 6 para. 1 in force at 30.12.2005, see reg. 1(1)

[^key-e0071042381b153a0ae7d21287bc87f7]: Words in reg. 14(3)(b)(i) substituted (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. 16(4)(b)(ii) (with Sch. 4)

[^key-e085875160430b11975bae5b2892d638]: Word in Sch. 1 Pt. 5 para. 1 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 13(b)(ii)

[^key-e0abf164b4f1dc60356de35d5d03544e]: Sch. 1 para. 21 in force at 30.12.2005, see reg. 1(1)

[^key-e4bc9b133cc6506f129e352ea4a3cb24]: Words in reg. 30(2)(e) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/319), regs. 1(2), 2(2)

[^key-e5cbca40f1d0b446e1f0721464da3aa2]: Sch. 1 Pt. 2 para. 1 in force at 30.12.2005, see reg. 1(1)

[^key-e9ce5480b0aa779c7fe60411f1fb586e]: Words in reg. 33(4) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 11

[^key-eaa5a6cd1812ff27eabc97fb0afc4eac]: Sch. 6 para. 10 in force at 30.12.2005, see reg. 1(1)

[^key-ec144577872871dd3ca9787c5e7fa6fe]: Sch. 3 para. 9 in force at 30.12.2005, see reg. 1(1)

[^key-ec2a5a40b6344a6f785a04a51437840e]: Words in reg. 20(1) inserted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 8

[^key-f18a3b33197c4801e94ebc69b1a97247]: Word in reg. 16(2) substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 4

[^key-f227b9993350b5589bf4231c39546399]: Sch. 1 Pt. 3 para. 8 in force at 30.12.2005, see reg. 1(1)

[^key-f31166758df95d0b4ac94986b8512a33]: Sch. 3 Pt. 1 paras. 7, 8 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 14(c)

[^key-f3ac23a8b104dfc4749e789dceff084d]: Sch. 5 para. 3 in force at 30.12.2005, see reg. 1(1)

[^key-f4d8482665e4b01700e13bfe5c72f489]: Reg. 36(4)(c) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 13(3)

[^key-f57e16887b1cc282298073347c4fe348]: Words in reg. 38(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. 11(3)

[^key-f887f57238671933c8d533f54d4f04fd]: Sch. 3 para. 12 in force at 30.12.2005, see reg. 1(1)

[^key-fcdf77c18cc788ff8bdd1fe8a2d26474]: Words in reg. 14(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(5)(b)

[^key-fd7b5c63bf6b4049028714439ef401ac]: Sch. 1 Pt. 5 para. 6 in force at 30.12.2005, see reg. 1(1)

[^key-ff2fb586483a2ab20f7c887b6a1012a8]: Sch. 5 para. 1 in force at 30.12.2005, see reg. 1(1)

[^key-ffed9336cd8422592b7476511bd5bea2]: Reg. 38 in force at 30.12.2005, see reg. 1(1)

[^key-0ba8eea6dfa64a187f48dd0578c5b86c]: Reg. 27(1A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-330d2f88af21c78ecc7f429d6a54aa7c]: Words in reg. 27(2) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-b5575d92ed663c7c47de570d9cab1334]: Words in reg. 27(4) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(c)(i) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-5f8643877294076adb6e667a2ebdcf32]: Words in reg. 27(4)(b) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 3(c)(ii) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-6c7fc3039591885dfad5a6c998e229c0]: Words in reg. 28(1) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(a)(i) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-fcd429f4ed51a363255807ac3f3acb13]: Words in reg. 28(1) inserted (1.11.2020) by The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(a)(ii) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-9e617569dec1994a5c1eed818ae159ee]: Reg. 28(2)(3) omitted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 4(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-d7b400a79ac817cd8abbd9215f1950e7]: Words in reg. 30(2)(c) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 5(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-c3726575c2d1f5ffad49d8c8ee1616e0]: Words in reg. 30(6)(b) substituted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 5(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-ed5cf341e103be0bc76b7c14a9628665]: Reg. 30B(1A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(b) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-ab161fcaf3472e4c2f00358d9bb096af]: Reg. 30B(5A) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(e) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-97da96b47dd9519697888ea0e9ea7a49]: Words in reg. 30B(1) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(a) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-fd0a858e7782cfe0e7b42ecbfa932f5e]: Reg. 30B(2)(a) omitted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(c) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-b38aa5574ef2935f28d0d3c8410929b8]: Words in reg. 30B(5)(c)(ii) inserted (temp.) (1.11.2020) by virtue of The Adoption and Fostering (Wales) (Miscellaneous Amendments) (Coronavirus) Regulations 2020 (S.I. 2020/1082), regs. 1(2), 6(d) (with regs. 9, 10) (as amended (30.3.2021) by S.I. 2021/251, reg. 2)

[^key-b8fb4c66aa5a1345d6d0960ad7fd53da]: 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), 131(2)(a)

[^key-9e18988a3f735ad79d5103c87e5de019]: 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), 131(2)(b)

[^key-e7a3d72407906d5b85315f2ebe91a149]: Sch. 3 Pt. 1 para. 13 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), 131(2)(c)

[^key-4e466372252d6c2fbbf4f292e102f562]: Words in reg. 36(4)(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), regs. 1(2), 22(2)

[^key-d6c1649dd979e869a38a18267305111c]: Words in reg. 36(4)(ba) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 11(2)

8A

The adoption agency must ensure that adoption panels are properly advised by an appropriately qualified person in relation to adoptions with a foreign element if such a case is being considered.

Requirement to prepare a written report ...

The central list

Constituting the adoption panel

Adoption agencies operating only for certain purposes

Meetings of adoption panel

Advice to adoption panels in adoptions with a foreign element

Duties of adoption agency when a child is to be placed in accordance with section 81(11) of the Social Services and Well-being (Wales) Act 2014

12A

• (1) This regulation applies where a decision has been made to place a child in accordance with regulation 28 of the Care Planning, Placement and Case Review (Wales) Regulations 2015 (temporary approval of a particular prospective adopter as a foster parent).

• (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” (“lleoli”) means placed in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014 where a local authority is satisfied, in accordance with section 81(11) of that Act, that the child ought to be placed for adoption with a particular prospective adopter who has been granted temporary approval as a foster parent.

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

Requirement to obtain information (including health information) about the child’s family

Requirement to prepare a written report ...

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

Adoption agency decision and notification

Request to appoint a Welsh family proceedings officer or an officer of CAFCASS

Modification of the Social Services and Well-being (Wales) Act 2014 in relation to adoption

46A

• (1) This paragraph applies where–

• (a) a local authority is authorised to place a child for adoption; or

• (b) a child who has been placed for adoption by a local authority is less than six weeks old.

• (2) Where paragraph (1) applies—

• (a) section 6(4)(b) of the Social Services and Well-being (Wales) Act 2014 applies as if the reference to persons with parental responsibility for the child were a reference to any prospective adopter with whom the local authority has placed the child for adoption; and

• (b) section 95 of and paragraph 1 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 do not apply.

Contact

Revocation

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.

Referral to the Adoption Register for Wales - children

19A

• (1) Where an adoption agency—

• (a) is authorised to place a child for adoption, and

• (b) has not identified particular prospective adopters with whom it is considering placing the child for adoption,

the agency must provide details about the child to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and no later than one month after the date on which the agency was authorised to place the child for adoption.

• (2) Where an adoption agency becomes aware of any changes to the details about the child, the agency must notify the organisation which maintains the register of those changes as soon as reasonably practicable.

• (3) In paragraph (1), “authorised to place a child for adoption” means either—

• (a) authorised to place a child for adoption pursuant to parental consent under section 19 of the Act, or

• (b) authorised to place a child for adoption pursuant to a placement order made pursuant to section 21(1) of the Act.

Request to appoint a Welsh family proceedings officer or an officer of CAFCASS

Persons authorised to witness consent to placement for adoption

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.

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

Functions 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(6),

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

• (c) must 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 also 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 , where reasonably practicable, 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 wish 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 regulations 25 and 26.

• (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 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 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 Welsh Ministers for a review by an independent review panel of the qualifying determination.

• (5A) Where regulation 27(1A) applies and the adoption agency considers that the prospective adopter is not suitable to adopt a child because of information obtained under regulation 25 or regulation 26, the prospective adopter may not apply to the Welsh Ministers 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 Welsh Ministers for a review by an independent review panel, the adoption agency must proceed to make its decision and notify the prospective adopter 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 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 new 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 under both paragraph (8) and regulation 30A, or

• (b) if the prospective adopter has applied to the Welsh Ministers 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 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 Welsh Ministers 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 Welsh Ministers that a prospective adopter has applied for a review by an independent review panel of a qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Welsh Ministers 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 submitted to the adoption panel in accordance with regulation 30,

• (b) any other reports or information submitted by the adoption agency to the adoption panel including 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 submitted 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) 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 32 to 34, or

• (b) 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.

• (2) A review must take place not more than one year after approval and thereafter whenever the adoption agency considers it necessary, but 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) As part of each review, the adoption agency must consider—

• (a) why no child has yet been placed with the prospective adopter,

• (b) any arrangements for the provision of adoption support services and whether they should continue or be modified,

• (c) where a child placed for adoption with the prospective adopter is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the reasons for the child’s return, and

• (d) whether the prospective adopter is still suitable to adopt a child.

• (5) The adoption agency must—

• (a) set out in writing the arrangements governing the manner in which the review of a prospective adopter is to be carried out and must draw the written arrangements to the attention of—

• (i) the prospective adopter, and

• (ii) any other person the agency considers relevant;

• (b) ensure that—

• (i) the information obtained in respect of the prospective adopter,

• (ii) details of the proceedings at any meeting arranged by the agency to consider any aspect of the review, and

• (iii) details of any decision made in the course of or as a result of the review,

are recorded in writing and placed on the prospective adopter’s case record.

• (6) 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—

• (i) the information obtained on the matters referred to in paragraphs (3) and (4),

• (ii) the agency’s reasons, and

• (iii) any other information which the agency considers relevant,

• (b) 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 and invite 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.

• (7) At the end of the period of 10 working days referred to in paragraph (6)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must send the prospective adopter’s review report together with the prospective adopter’s observations, if any, to the adoption panel.

• (8) 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.

• (9) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations, if any, 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.

• (10) 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 Welsh Ministers—

• (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, likely needs and background,

• (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 Welsh Ministers 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 Welsh Ministers 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 the Adoption Agencies Regulations 2005, 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) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

• (3) 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 services provider.

• (4) In this regulation, “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 but does not include a person with whom a child is placed under regulation 26 (temporary approval of a relative, friend or other person connected with C) or 28 (temporary approval of a particular prospective adopter as a foster parent) of the Care Planning, Placement and Case Review (Wales) Regulations 2015.

Referral to the Adoption Register for Wales – prospective adopters

30G

• (1) Where paragraph (2) applies, the adoption agency must provide details about the prospective adopter to the organisation which maintains the Adoption Register for Wales for entry in the register as soon as possible and in any event no later than one month after the determination referred to in paragraph (2)(a).

• (2) Other than in a section 83 case, this paragraph applies where—

• (a) an adoption agency has, in accordance with regulation 30B, determined that a prospective adopter is suitable to adopt a child,

• (b) the agency has not identified a particular child who it is considering placing with that prospective adopter, and

• (c) the agency has obtained the consent of the prospective adopter.

Prospective adopter matching plan

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.

Information about the home etc. of the prospective adopter

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.

10

Any other information which indicates how the prospective adopter and anybody else living in the prospective adopter’s household is likely to relate to a child placed for adoption with the prospective adopter.

Wider Family

11

A description of the wider family of the prospective adopter and their role and importance to the prospective adopter and their likely role and importance to a child placed for adoption with the prospective adopter.

Information about the home etc. of the prospective adopter

12

Information about the prospective adopter’s home and the neighbourhood in which the prospective adopter lives.

13

Information about the local community of the prospective adopter, including the degree of the family’s integration with its peer groups, friendships and social networks.

Education and employment

14

Details of the prospective adopter’s educational history and attainments and the prospective adopter’s views about how this has influenced them.

15

Details of the prospective adopter’s employment history and the observations of the prospective adopter about how this has influenced them.

16

The current employment of the prospective adopter and the prospective adopter’s views about achieving a balance between employment and child care.

Income

17

Details of the prospective adopter’s income and expenditure.

Other information

18

Information about the prospective adopter’s capacity to—

• (a) provide for a child’s needs, particularly emotional and behavioural development needs,

• (b) share a child’s history and associated emotional issues, and

• (c) understand and support a child through possible feelings of loss and trauma.

19

The prospective adopter’s—

• (a) reasons for wishing to adopt a child,

• (b) views and feelings about adoption and its significance,

• (c) views about their parenting capacity,

• (d) views about parental responsibility and what it means,

• (e) views about a suitable home environment for a child,

• (f) views about the importance and value of education,

• (g) views and feelings about the importance of a child’s religious and cultural upbringing, and

• (h) views and feelings about contact between a child and his birth parents and other relatives.

20

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

21

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

SCHEDULE 4A — 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 registered health practitioner, 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 a child , and in determining the suitability of a couple to adopt a child the agency must have proper regard to the need for stability and permanence in their relationship, and (e) any other information which the agency considers relevant.

, and

• (c) “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 wish to proceed with the pre-assessment process.

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.

13

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.