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CHAPTER II |
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THE ADOPTION SERVICE |
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The Adoption Service |
| Basic definitions. |
2. - (1) The services maintained by local authorities under section 3(1) may be collectively referred to as "the Adoption Service", and a local authority or registered adoption society may be referred to as an adoption agency.
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(2) In this Act-
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"adoption society" means a body whose functions consist of or include making arrangements for the adoption of children, |
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"registered adoption society" means a voluntary organisation which is an adoption society registered under Part II of the Care Standards Act 2000, |
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but references to a registered adoption society, in relation to the provision of any facility, do not include an adoption society unless it is so registered in relation to the provision of that facility.
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(3) In this Act-
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"the 1989 Act" means the Children Act 1989, |
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"voluntary organisation" means a body other than a public or local authority the activities of which are not carried on for profit. |
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(4) In this Chapter, references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
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| Maintenance of Adoption Service. |
3. - (1) Each local authority must continue to maintain within their area a service designed to meet the needs, in relation to adoption, of-
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(a) children who may be adopted, their parents and guardians, |
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(b) persons wishing to adopt a child, and |
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(c) adopted persons, their parents, natural parents and former guardians; |
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and for that purpose must provide the requisite facilities.
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(2) Those facilities must include making arrangements for-
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(a) the adoption of children, and |
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(b) the provision of adoption support services. |
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(3) As part of the service, the arrangements made for the purposes of subsection (2)(b) may extend to the provision of adoption support services to other persons.
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(4) A local authority may provide any of the requisite facilities by securing their provision by-
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(a) registered adoption societies, or |
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(b) other persons who are within a description prescribed by regulations of persons who may provide the facilities in question. |
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(5) The facilities of the service must be provided in conjunction with the local authority's other social services and with registered adoption societies in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.
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(6) The social services referred to in subsection (5) are the functions of a local authority which are social services functions within the meaning of the Local Authority Social Services Act 1970 (which include, in particular, those functions in so far as they relate to children).
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(7) Regulations may provide for charges to be imposed for the provision of any of the facilities for any person at a time when-
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(a) the child concerned is outside the United Kingdom, or |
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(b) if the child has been brought into the United Kingdom in contravention of section 70, an adoption order has not been made. |
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In this subsection, "regulations" means regulations made by the Secretary of State, after consultation with the Assembly.
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(8) For the purposes of this section and section 4 the following are adoption support services-
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(a) counselling, advice and information in connection with adoption, and |
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(b) such other services as are specified in regulations (which may include financial support). |
| Assessments etc for adoption support services. |
4. - (1) A local authority must at the request of any of the following persons-
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(a) a child who has been adopted after this section comes into force, |
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(b) a parent of such a child, |
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(c) any other person who falls within a description prescribed by regulations (subject to subsection (8)(a)), |
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carry out an assessment of that person's needs for adoption support services.
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(2) A local authority may, at the request of any person, carry out an assessment of that person's needs for adoption support services.
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(3) A local authority may request the help of a registered adoption society in carrying out an assessment.
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(4) Where, as a result of an assessment, a local authority decide that a person has needs for adoption support services, they must then decide whether to provide any such services to that person.
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(5) If the local authority decide to provide any adoption support services to a person, they must-
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(a) prepare a plan in accordance with which adoption support services are to be provided to him, and |
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(b) keep the plan under review. |
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(6) Where-
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(a) an assessment has been made of the needs of- |
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(i) a child who has been adopted after this section comes into force, or
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(ii) a parent of such a child, and
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(b) a plan has been prepared for him, |
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the duty under subsection (5) to provide adoption support services in accordance with the plan and to keep the plan under review continues to apply after the child in question has attained the age of 18 years.
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(7) Regulations may make provision about assessments, preparing and reviewing plans and the provision of adoption support services in accordance with plans.
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(8) The regulations may in particular make provision-
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(a) as to the circumstances in which a person mentioned in paragraph (c) of subsection (1) is to have a right to request an assessment of his needs in accordance with that subsection, |
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(b) about the way in which an assessment is to be carried out or a plan is to be prepared or reviewed, |
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(c) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan, |
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(d) as to the circumstances in which a local authority may provide adoption support services subject to conditions, |
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(e) as to the consequences of conditions imposed by virtue of paragraph (d) not being met (including the recovery of any financial support provided by a local authority), |
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(f) as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority's area, |
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(g) as to the circumstances in which a local authority may recover from another local authority the expenses of providing adoption support services to any person. |
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(9) The local authority may carry out an assessment for the purposes of this section at the same time as an assessment of the person's needs is made under-
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(a) paragraph 3 of Schedule 2 to the 1989 Act (assessment of children in need), |
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(b) any enactment referred to in sub-paragraphs (a) to (c) of that paragraph, or |
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(10) If at any time during the assessment of the needs of any person under this section, it appears to the local authority that-
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(a) there may be a need for the provision of services to that person by a Health Authority or Primary Care Trust, or |
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(b) there may be a need for the provision to him of any services which fall within the functions of a local educational authority (within the meaning of the Education Act 1996), |
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the local authority shall notify that Health Authority, Primary Care Trust or local educational authority.
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(11) Where it appears to the local authority that another local authority could, by taking any specified action, help in the exercise of any of their functions under this section, they may request the help of that other local authority, specifying the action in question.
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(12) A local authority whose help is so requested must comply with the request if it is consistent with the exercise of their functions.
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| Local authority plans for adoption services. |
5. - (1) Each local authority must prepare and publish a plan for the provision of the services maintained under section 3(1).
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(2) Any plan-
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(a) must contain information of a prescribed description, |
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(b) must be published by a local authority- |
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(i) in the prescribed form and manner,
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(ii) at the prescribed time,
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but this subsection is subject to subsection (7). |
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(3) In preparing any plan a local authority must consult persons falling within a prescribed description.
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(4) In subsections (2) and (3), "prescribed" means prescribed by regulations.
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(5) The appropriate Minister may direct that a plan must be included in another document specified in the direction.
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(6) Regulations may make provision requiring local authorities-
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(b) to prepare and publish that plan with modifications or a plan in substitution for that plan, |
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(c) in reviewing any plan or preparing any modified or substituted plan, to consult persons of a description prescribed by the regulations, |
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but paragraphs (a) and (b) of this subsection are subject to subsection (8)(a).
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(7) The appropriate Minister may direct that the requirements specified in the direction as to-
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(a) the description of information to be contained in a plan, |
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(b) the form and manner in which, and the time at which, a plan is to be published, |
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are to have effect in place of the regulations made by virtue of subsection (2).
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(8) Directions given under this section may-
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(a) contain provision modifying regulations made by virtue of subsection (6)(a) or (b), |
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(b) relate to any local authority or to local authorities generally or to any class or description of such authorities. |
| Arrangements on cancellation of registration. |
6. Where, by virtue of the cancellation of its registration under Part II of the Care Standards Act 2000, a body has ceased to be a registered adoption society, the appropriate Minister may direct the body to make such arrangements as to the transfer of its functions relating to children and other transitional matters as seem to him expedient.
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| Inactive or defunct registered adoption societies etc. |
7. - (1) This section applies where it appears to the appropriate Minister that-
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(a) a body which is or has been a registered adoption society is inactive or defunct, or |
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(b) a body which has ceased to be a registered adoption society by virtue of the cancellation of its registration under Part II of the Care Standards Act 2000 has not made such arrangements for the transfer of its functions relating to children as are specified in a direction given by him. |
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(2) The appropriate Minister may, in relation to such functions of the society as relate to children, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority.
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(3) A local authority are entitled to take any action which-
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(a) apart from this subsection the authority would not be entitled to take, or would not be entitled to take without joining the society in the action, but |
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(b) they are directed to take under subsection (2). |
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(4) The appropriate Minister may charge the society for expenses necessarily incurred by him or on his behalf in securing the transfer of its functions relating to children.
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(5) Before giving a direction under subsection (2) the appropriate Minister must, if practicable, consult both the society and the authority.
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