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STATUTORY INSTRUMENTS


2003 No. 1348

CHILDREN AND YOUNG PERSONS, ENGLAND

The Adoption Support Services (Local Authorities) (England) Regulations 2003

  Made 21st May 2003 
  Laid before Parliament 22nd May 2003 
  Coming into force 31st October 2003 

The Secretary of State, in exercise of the powers conferred upon him by sections 9(3) and 67(5) of the Adoption Act 1976[1] and sections 2(6)(b) and (7), 4(6) and (7)(b) to (i), 139(2), 140(7) and (8) and 142(4) and (5) of, and paragraph 3 of Schedule 4 to, the Adoption and Children Act 2002[2], and all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, application and interpretation
     1.  - (1) These Regulations may be cited as the Adoption Support Services (Local Authorities) (England) Regulations 2003 and shall come into force on 31st October 2003.

    (2) These Regulations apply to England only.

    (3) In these Regulations - 

but does not include a person where the child is no longer a child, or where the person is the step-parent or natural parent of the child, or was the step-parent of the child before he adopted the child;

    (4) In these Regulations - 

    (5) In any case where - 

Provision of adoption support services
     2.  - (1) For the purposes of section 2(6) of the 2002 Act (definition of "adoption support services")[11], the following services are prescribed - 

    (2) Subject to paragraph (3), local authorities shall make arrangements for the purpose of providing any service specified in column (1) of the table in the Schedule for persons who are of a description specified in the corresponding entry in column (2) of the table.

    (3) The arrangements referred to in paragraph (2) in respect of any service are required to be made whether or not the local authority have decided to provide the service to any person.

    (4) The services prescribed in paragraph (1)(b) to (e) may include - 

    (5) These Regulations shall apply to a local authority in respect of a person who lives in the area of the local authority or, in the circumstances specified in paragraph (6), a person ("the individual") who lives outside that area.

    (6) The circumstances specified are where - 

Circumstances in which financial support may be paid
     3.  - (1) Financial support may be paid only to an adoptive parent, and only where one or more of the circumstances specified in paragraph (2) exists.

    (2) The circumstances referred to in paragraph (1) are - 

    (3) Before financial support is payable the local authority shall require the adoptive parents to have agreed to - 

Adoption support services adviser
    
4.  - (1) The local authority shall appoint a person (an "adoption support services adviser") to carry out the function specified in paragraph (2).

    (2) The function of the adoption support services adviser shall be to give advice and information, to persons who may be affected by the adoption or proposed adoption of a child, as to - 

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

is sufficient for the purposes of the work that he is to perform.

Requirement for assessment
    
5.  - (1) Subject to paragraph (10), a local authority shall, at the request of - 

carry out an assessment of his needs for adoption support services.

    (2) Subject to paragraph (11), where - 

the local authority shall carry out the assessment.

    (3) Where a local authority are considering adoption for a child, they shall, before completing the written report required under regulation 7(2)(e) of the 1983 Regulations, carry out an assessment of the child's needs for adoption support services.

    (4) Where a local authority propose to place a particular child for adoption with a prospective adopter, they shall, before completing the written report required under regulation 9(1) of the 1983 Regulations, carry out an assessment of the needs of each member of the adoptive family for adoption support services.

    (5) Where - 

they shall, before completing the review, carry out an assessment of the needs of each member of the adoptive family for adoption support services.

    (6) Where a person's request for an assessment under paragraph (1) 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.

    (7) In this regulation a reference to a particular adoption support service is to any of the following services - 

    (8) This paragraph applies where an adoptive child - 

    (9) This paragraph applies where an adoptive child - 

    (10) The local authority shall not be required under paragraph (1) to carry out an assessment of a person's needs unless - 

    (11) The local authority shall not be required under paragraph (2) to carry out an assessment of a related person's needs unless - 

Procedure for assessment
    
6.  - (1) Where the local authority carry out an assessment of a person's needs for adoption support services they shall, in carrying out the assessment, have regard to the following considerations - 

    (2) In carrying out an assessment in respect of a person - 

    (3) The local authority shall, where it considers it appropriate to do so - 

    (4) Where the assessment is being carried out at the request of a related person, the local authority shall have regard to his needs only so far as they relate to his need for assistance so as to enable him to take part in arrangements for contact with the adoptive child that were made before the request for an assessment.

Amount of financial support
    
7.  - (1) This regulation applies where the local authority carry out an assessment of a person's need for financial support.

    (2) In determining the amount of financial support the local authority shall take into account - 

    (3) Financial support may not be paid to meet any needs in so far as any benefit or allowance applicable to the adoptive parents as a result of their adoption of the child, is payable or available to them in respect of those needs.

    (4) Except where paragraphs (5) and (6) apply, the financial support payable by the local authority shall not include any element of remuneration for the care of the child by the adoptive parents.

    (5) This paragraph applies where - 

    (6) This paragraph applies - 

Proposal to provide adoption support services
    
8.  - (1) The local authority shall, after carrying out an assessment under regulation 5 - 

    (2) The matters specified are - 

    (3) A notice to be given to a person under paragraph (1)(b) shall state the period of time within which he may make representations to the local authority concerning the proposed decision; and the local authority shall not make a decision under regulation 9 until either - 

    (4) Where the assessment relates only to the provision of information, the requirement in paragraph (1)(b) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.

Decision as to adoption support services
    
9.  - (1) The local authority shall, having regard to the assessment, and after considering any representations received within the period specified in the notice to be given under regulation 8(1)(b), decide - 

and shall give notice of that decision in accordance with regulation 10, which shall include the reasons for the decision.

    (2) Where the assessment relates only to the provision of information, the requirement in paragraph (1) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.

    (3) If the local authority decide that financial support is to be paid - 

    (4) Where the local authority decide that financial support is to be paid for a particular purpose, they may pay the financial support subject to a condition as to how the payment is to be used and may specify the date by which the condition is to be met.

    (5) Where the local authority decide that financial support is to be paid, it shall be paid as a single payment except that - 

    (6) The following matters are specified - 

    (7) Where the local authority are satisfied that a condition notified under paragraph (3) has not been met by the date, if any, specified in the notice, they may require that the payment or an appropriate part of the payment be repaid.

Notices
    
10.  - (1) Any information required to be supplied, or notice required to be given, under regulation 8, 9, 11, 12 or 13 shall be given in writing - 

    (2) This paragraph applies where - 

Plan
    
11.  - (1) If the local authority decide under regulation 9 to provide any adoption support services to a person, they shall - 

except where the services to be provided are to consist of services to be provided on a single occasion.

    (2) The local authority shall for the purpose of preparing the plan consult - 

    (3) If the local authority decide under regulation 9 to provide any adoption support services to a person, and are required under that regulation to give notice of that decision, they shall - 

Review of the provision of adoption support services
    
12.  - (1) Where the local authority provide adoption support services for a person, they shall review the provision of such services if any change in the person's circumstances comes to their notice.

    (2) This regulation shall not apply to a review of the provision of financial support where the financial support is payable in instalments or periodically.

    (3) Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.

    (4) The local authority shall, having regard to the review and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) - 

    (5) If the local authority decide to vary or terminate the provision of adoption support services for the person, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision; and paragraphs (2) to (7) of regulation 9 shall apply to a decision under paragraph (4) as they apply to a decision under paragraph (1) of that regulation.

Review of financial support
    
13.  - (1) This regulation shall apply where financial support is payable in instalments or periodically.

    (2) The local authority shall review the financial support - 

    (3) The local authority shall, having regard to the review, and in particular whether the adoptive parents' need for financial support has changed or ceased since the amount of financial support was last determined, and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) - 

    (4) Where the adoptive parents fail to supply the local authority with an annual statement in accordance with their agreement under regulation 3(3)(b), the local authority may suspend payment of the financial support until such time as a statement is supplied.

    (5) The local authority shall terminate payment of financial support when - 

    (6) Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.

    (7) If the local authority decide to vary, suspend or terminate payment of the financial support, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision.

    (8) Paragraphs (3) to (7) of regulation 9 shall apply to a decision under paragraph (3) as they apply to a decision under paragraph (1) of that regulation.

Recovery of expenses between local authorities
    
14.  - (1) Where - 

the recovering authority may, subject to paragraphs (2) and (3), recover from the placing authority the expenses of providing the adoption support services.

    (2) Paragraph (1) shall not apply in respect of the expenses of providing adoption support services to the extent that those services consist of the provision of advice or information.

    (3) Paragraph (1) shall apply in respect of the expenses of providing adoption support services in relation to a child only to the extent that - 

    (4) References in paragraph (3) to adoption support services include any allowance that by virtue of regulation 15(2) is treated as financial support payable under these Regulations.

Amendment of the Adoption Allowance Regulations 1991 and transitional provision
    
15.  - (1) In regulation 1(2) of the Adoption Allowance Regulations 1991[13], in the definition of "adoption agency", the words "or a local authority" shall be omitted.

    (2) Any allowance which is payable by a local authority under the Adoption Allowance Regulations 1991 immediately before 31st October 2003 ("the allowance") shall be treated with effect from that date as financial support payable under these Regulations, and the financial support shall be of the same amount, method and frequency of payment, and payable for the same period, as the allowance.



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

21st May 2003



THE SCHEDULE
Regulation 2(2)

(1) Service (2) Description of person
The service specified in regulation 2(1)(a) (financial support) Adoptive parent of an agency adoptive child
The service specified in regulation 2(1)(b) (support group) Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption

Agency adoptive child who has been placed for adoption or has been adopted

The service specified in regulation 2(1)(c) (contact) Agency adoptive child who has been placed for adoption or has been adopted

A related person

The service specified in regulation 2(1)(d) (therapeutic services) Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption

Agency adoptive child who has been placed for adoption or has been adopted

Any child of an adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption

The service specified in regulation 2(1)(e) (services to ensure continuance of relationship) Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption

Agency adoptive child who has been placed for adoption or has been adopted

Any child of an adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption

Counselling, advice and information Adoptive parent

Adoptive child

Any child of an adoptive parent




EXPLANATORY NOTE

(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 1(1) of the Adoption Act 1976.

Adoption support services are defined by section 2(6) of the Adoption and Children Act 2002 as counselling, advice and information, and other services prescribed by regulations, in relation to adoption. Such services are prescribed in regulation 2(1) of these Regulations, and include financial support (regulation 2(1)(a)). Regulation 3 specifies the persons to whom financial support may be paid, and the circumstances in which it may be paid.

Each local authority is required to appoint an adoption support services adviser to give advice and information to persons who may be affected by the adoption of a child (regulation 4).

Regulation 5 specifies the persons who are entitled to an assessment of their needs for adoption support services. Regulation 6 specifies the procedure for assessment, and regulation 7 provides for the determination of financial support.

After carrying out an assessment the local authority must give notice under regulation 8 as to any adoption support services that are proposed to be provided, and as to the period within which representations may be made about the proposed decision. They must then give notice of their decision in accordance with regulation 9. Regulation 10 makes provision about the supply of information and giving of notices.

Where adoption support services are to be provided to a person, regulation 11 provides for local authorities to prepare a plan in accordance with which the services are to be provided. Regulations 12 and 13 provide for review of the provision of adoption support services and for revision of the plan. Regulation 14 applies where a local authority have decided to provide adoption support services, and specifies circumstances in which another local authority may recover their expenses of providing the services.

By regulation 15, the Adoption Allowance Regulations 1991 ("the 1991 Regulations"), which enable allowances to be paid in certain circumstances to persons who have adopted, or intend to adopt, a child, are amended so that the allowances may no longer be paid by local authorities under the 1991 Regulations. Any allowance which is payable by a local authority under the 1991 Regulations before these Regulations come into force is to be treated as financial support payable under these Regulations.


Notes:

[1] 1976 c. 36. The powers are exercisable by the appropriate Minister, who is defined by section 9(5) in relation to England, Scotland and Northern Ireland as the Secretary of State. Section 9(5) was inserted by section 139(2) of, and paragraph 4(1)(b) of Schedule 4 to, the Adoption and Children Act 2002.back

[2] 2002 c. 38. The powers are exercisable by the appropriate Minister; see section 144(1) for the definition of "regulations". The "appropriate Minister" is defined in section 144(1), in relation to England, Scotland and Northern Ireland as the Secretary of State.back

[3] S.I. 1983/1964. Relevant amending instruments are S.I. 1997/649, 1997/2308 and 2001/2237.back

[4] 1976 c. 36. By section 1(4) of the Adoption Act 1976, a local authority or appropriate voluntary organisation may be referred to as an adoption agency. The term "appropriate voluntary organisation" is defined in section 1(5) of that Act. Section 1(4) was amended by section 116 of, and paragraph 5(1) and (2)(a) of Schedule 4 to, that Act. Section 1(5) was inserted by section 116 of, and paragraph 5(1) and (2)(b) of Schedule 4 to, that Act.back

[5] 2002 c. 21. See section 8 for the definition of child tax credit.back

[6] S.I. 2002/57.back

[7] 1992 c. 4.back

[8] 1995 c. 18.back

[9] 1996 c. 56. See section 12 of the Act.back

[10] 1989 c. 41. See section 22(1) for the definition in the Children Act 1989 of a child who is looked after by a local authority.back

[11] By section 2(6) of the 2002 Act, the term "adoption support services" is defined as (a) counselling, advice and information, and (b) any other services prescribed by regulations, in relation to adoption.back

[12] By section 144(1) of the 2002 Act, "relative" is defined in relation to a child as a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage.back

[13] S.I. 1991/2030, amended by S.I. 1991/2130.back



ISBN 0 11 046425 7


 
© Crown copyright 2003
Prepared 17 June 2003


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