CHILDREN AND YOUNG PERSONS Citation, commencement, extent and interpretation 1 1 These regulations may be cited as the Adoption Agencies Regulations 1983 and shall come into operation on 27th May 1984. 2 These regulations shall not apply to Scotland. 3 In these regulations, unless the context otherwise requires— “ the Act ” means the Adoption Act 1958; “ the 1975 Act ” means the Children Act 1975; “ adoption agency ” means an approved adoption society or local authority; “ adoption panel ” means a panel established in accordance with regulation 5; “ prospective adopter ” means a person who proposes to adopt a child. 4 Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except insofar as the context otherwise requires, be construed as including a reference to any provision which may re-enact or replace it, with or without modification. 5 Any reference in these regulations to a numbered regulation or the Schedule is to the regulation bearing that number in or the Schedule to these regulations and any reference in a regulation or the Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or the Schedule. Approval of adoption societies 2 1 An application to the Secretary of State under section 4 of the 1975 Act (approval of adoption societies) shall be made in writing on a form supplied by the Secretary of State. 2 An unincorporated body of persons shall not apply for approval under section 4 of the 1975 Act. Annual reports and information to be provided by approved adoption societies 3 Every approved adoption society shall— a furnish the Secretary of State with two copies of the society's annual report as soon as is reasonably practicable after the issue thereof and with such other information as and when the Secretary of State may from time to time require; b notify the Secretary of State in writing of any change in the society's name or in the address of its registered or head office within one month after such change; c where the society proposes to cease, or expects to cease, to act as an adoption society, so notify the Secretary of State in writing not less than one month, or as soon as is reasonably practicable, before the date when the society will cease, or expects to cease, so to act; and d where the society has ceased to act as an adoption society, notify the Secretary of State in writing that it has ceased so to act as soon thereafter as is reasonably practicable. Application of regulations to certain adoption agencies 4 Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulation 5 and, to the extent that it requires consultation with the adoption panel and the making of arrangements for the exercise of the panel's functions, regulation 6, shall not apply to such an agency. Establishment of adoption panel and appointment of members 5 1 An adoption agency shall forthwith establish at least one adoption panel and shall appoint the persons referred to in paragraphs (2) and (3) to be members of such a panel, so however that no more than 10 members shall be appointed to a panel and the persons appointed to a panel shall include at least one man and one woman. 2 The adoption agency shall appoint as chairman of an adoption panel a person who has such experience in adoption work as the agency considers appropriate. 3 In addition to the chairman the persons to be appointed shall include— a two of the social workers in the employment of the adoption agency, b at least one member of the adoption agency's management committee where the agency is an approved adoption society or, where the agency is a local authority, at least one member of that authority's social services committee, c the person nominated as the medical adviser to the adoption agency under regulation 6(4) (or one of them if more than one are appointed), and d at least two other persons not being members or employees of the adoption agency or elected members where the agency is a local authority. 4 A person appointed to an adoption panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the adoption agency. 5 An adoption panel shall make the recommedations specified in regulation 10 only when at least five of its members meet as a panel and one of those is a social worker in the employment of the adoption agency. 6 An adoption panel shall keep a written record of any of the recommendations specified in regulation 10 which it makes. Adoption agency arrangements for adoption work 6 1 An adoption agency shall, in consultation with the adoption panel and to the extent specified in paragraph (5) with the adoption agency's medical adviser, make arrangements which shall be set out in writing to govern the exercise of the agency's and the panel's functions and such arrangements shall be reviewed by the agency not less than once every three years. 2 Subject to regulations 14 and 15, the arrangements referred to in paragraph (1) shall include provision— a for maintaining the confidentiality and safekeeping of adoption information, case records and the indexes to them, b for authorising access to such records and indexes or disclosure of information by virtue of regulation 15, and c for ensuring that those for whom access is provided or to whom disclosure is made by virtue of regulation 15(2)(a) agree in writing before such authorisation is given that such records, indexes and information will remain confidential, so however that a child who is placed for adoption or who has been adopted and his prospective adopter or adoptive parent shall not be required to give such agreement in respect of that child's adoption. 3 The adoption agency shall satisfy itself that social work staff employed on the agency's work have had such experience and hold such qualifications as the adoption agency considers appropriate to that work. 4 The adoption agency shall nominate at least one registered medical practitioner to be the agency's medical adviser. 5 The adoption agency's medical adviser shall be consulted in relation to the arrangements for access to and disclosure of health information which is required or permitted by virtue of regulation 15. Adoption agency's duties in respect of a child and his parents or guardian 7 1 When an adoption agency is considering adoption for a child it shall either— a in respect of the child, having regard to his age and understanding, and as the case may be his parents or guardian, so far as is reasonably practicable— i provide a counselling service for them, ii explain to them the legal implications of and procedures in relation to adoption and freeing for adoption, and iii provide them with written information about the matters referred to in head (ii), or b satisfy itself that the requirements of sub-paragraph (a) have been carried out by another adoption agency. 2 Where, following the procedure referred to in paragraph (1), an adoption agency is considering adoption for a child, the agency shall— a set up a case record in respect of the child and place on it any information obtained by virtue of this regulation, b obtain, so far as is reasonably practicable, such particulars of the parents or guardian and having regard to his age and understanding the child as are referred to in Parts I and III to V of the Schedule together with any other relevant information which may be requested by the adoption panel, c arrange and obtain a written report by a registered medical practitioner on the child's health which shall deal with the matters specified in Part II of the Schedule, unless such a report has been made within six months before the setting up of the case record under sub-paragraph (a) and is available to the agency, d arrange such other examinations and screening procedures of an tests on the child and, so far as is reasonably practicable, his parents, as are recommended by the adoption agency's medical adviser, and obtain a copy of the written report of such examinations, screening procedures and tests, and e prepare a written report containing the agency's observations on the matters referred to in this regulation, which shall be passed together with all information obtained by it by virtue of this regulation to the adoption panel or to another adoption agency. 3 Where the identity of the father of an illegitimate child is known to the adoption agency, it shall so far as it considers reasonably practicable and in the interests of the child— a carry out in respect of the father the requirements of paragraph (1)(a) as if they applied to him unless the agency is satisfied that another adoption agency has so complied with those requirements, b obtain the particulars of him referred to in Parts III and IV of the Schedule together with any other relevant information which may be requested by the adoption panel, and arrange and obtain a copy of the written report of such examinations, screening procedures and tests on him as are recommended by the adoption agency's medical adviser, and c ascertain so far as possible whether he intends to apply for custody of the child. Adoption agency's duties in respect of a prospective adopter 8 1 When an adoption agency is considering whether a person may be suitable to be an adoptive parent, either— a it shall— i provide a counselling service for him, ii explain to him the legal implications of and procedures in relation to adoption, and iii provide him with written information about the matters referred to in head (ii), or b it shall satisfy itself that the requirements of sub-paragraph (a) have been carried out in respect of him by another adoption agency. 2 Where, following the procedure referred to in paragraph (1), an adoption agency considers that a person may be suitable to be an adoptive parent, it shall— a set up a case record in respect of him and place on it any information obtained by virtue of this regulation, b obtain such particulars as are referred to in Part VI of the Schedule together with, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel, c obtain a written report by a registered medical practitioner on the prospective adopter's health which shall deal with the matters specified in Part VII of the Schedule, unless such a report has been made within six months before the setting up of the case record under sub-paragraph (a) and is available to the agency, d obtain a written report in respect of any premises which that person intends to use as his home if he adopts a child, e obtain written reports of the interviews with two persons nominated by the prospective adopter to provide personal references for him, f obtain a written report from the prospective adopter's local authority in relation to him, and g prepare a written report containing the agency's observations on the matters referred to in this regulation, which shall be passed together with all information obtained by it by virtue of this regulation to the adoption panel or to another adoption agency. Adoption agency's duties in respect of proposed placement 9 1 Subject to paragraph (2), an adoption agency shall refer its proposal to place a particular child for adoption with a prospective adopter, which it considers may be appropriate, together with a written report containing its observations on the proposal and any information relevant to the proposed placement, to its adoption panel. 2 An adoption agency shall refer its proposal to place a child for adoption to the adoption panel only if— a any other adoption agency which has made a decision in accordance with regulation 11(1) that adoption is in the best interests of the child or that the prospective adopter is suitable to be an adoptive parent, has been consulted concerning the proposal, and b any local authority or voluntary organisation which has parental rights and duties in respect of the child by virtue of section 14 or 23 of the 1975 Act (freeing child for adoption and transfer of parental rights and duties) or in whose care the child is, has been consulted and agrees with the proposal. 3 An adoption agency which has a proposal to place a particular child for adoption with a prospective adopter shall set up case records in respect of them to the extent that it has not already set up such records and place on the appropriate record any information, reports and decisions referred to it by another adoption agency together with any information to be passed to the adoption panel by virtue of this regulation in respect of them. 4 An adoption agency shall obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel in connection with the proposed placement. Adoption panel functions 10 1 Subject to paragraphs (2) and (3), an adoption panel shall consider the case of every child, prospective adopter and proposed placement referred to it by the adoption agency and shall make one or more of the recommendations to the agency, as the case may be, as to— a whether adoption is in the best interests of a child and, if the panel recommends that it is, whether an application under section 14 of the 1975 Act (freeing child for adoption) should be made to free the child for adoption, b whether a prospective adopter is suitable to be an adoptive parent, and c whether a prospective adopter would be a suitable adoptive parent for a particular child. 2 An adoption panel may make the recommendations specified in paragraph (1) at the same time or at different times, so however that it shall make the recommendation specified in paragraph (1)(c) in respect of a particular child and prospective adopter only if— a that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that adoption is in the best interests of the child, or b an adoption agency decision has been made in accordance with regulation 11(1) that adoption is in the best interests of the child, and c in either case— i the recommendation specified in paragraph (1)(c) is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to be an adoptive parent, or ii an adoption agency decision has been made in accordance with regulation 11(1) that the prospective adopter is suitable to be an adoptive parent. 3 In considering what recommendations to make the panel shall have regard to the duties imposed upon the adoption agency by sections 3 and 13 of the 1975 Act (duty to promote welfare of child and religious upbringing of adopted child) and shall, as the case may be— a consider and take into account all the information and reports passed to it by virtue of regulations 7(2)(e), 8(2)(g) and 9(1), b request the adoption agency to obtain any other relevant information which the panel considers necessary, c obtain legal advice in relation to each case together with advice on an application for an adoption order or, as the case may be, an application to free a child for adoption. Adoption agency decisions and notifications 11 1 An adoption agency shall make a decision on a matter referred to in regulation 10(1)(a), (b) or (c) only after taking into account the recommendation of the adoption panel made by virtue of that regulation on such matter. 2 As soon as possible after making such a decision the adoption agency shall, as the case may be, notify in writing— a the parents of the child, including the father of an illegitimate child where the agency considers this to be in the child's interests, or the guardian of the child, if their whereabouts are known to the agency, of its decision as to whether it considers adoption to be in the best interests of the child, b the persons to be notified under sub-paragraph (a), if it considers adoption to be in the best interests of the child, of its decision as to whether an application under section 14 of the 1975 Act (freeing child for adoption) should be made to free the child for adoption, c the prospective adopter of its decision as to whether it considers him to be suitable to be an adoptive parent, and d the prospective adopter of its decision that he would be suitable as such for a particular child. Placement for adoption 12 1 Where an adoption agency has decided in accordance with regulation 11(1) that a prospective adopter would be a suitable adoptive parent for a particular child it shall provide the prospective adopter with written information about the child, his personal history and background, including his religious and cultural background, his health history and current state of health, together with the adoption agency's written proposals in respect of the adoption, including proposals as to the date of placement for adoption with the prospective adopter. 2 If the prospective adopter accepts the adoption agency's proposals the agency shall— a inform the child of the proposed placement for adoption with the prospective adopter where the child is capable of understanding the proposal, b send a written report of the child's health history and current state of health to the prospective adopter's registered medical practitioner, if any, before the proposed placement, together with particulars of the proposed placement, c notify the local authority and the district health authority in whose area the prospective adopter resides in writing before the placement with particulars of the proposed placement, d notify the local education authority in whose area the prospective adopter resides in writing before the placement with particulars of the proposed placement if the child is of compulsory school age within the meaning of section 35 of the Education Act 1944 or the adoption agency's medical adviser considers the child to be handicapped, e place the child with the prospective adopter, so however that where the child already has his home with the prospective adopter the agency shall notify the prospective adopter in writing of the date the child is placed with him by the agency for adoption, f notify in writing the parents of the child, including the father of an illegitimate child where the agency considers this to be in the child's interests, or the guardian of the child, if their whereabouts are known to the agency, that the child has been placed for adoption, so however that no such notification shall be given to a person who has made a declaration under section 14(7) or 15(4) of the 1975 Act (declaration as to no further involvement with child), g ensure that the child is visited within one week of the placement and on such other occasions as the adoption agency considers necessary in order to supervise the child's well-being, h ensure that written reports are obtained of such visits, i provide such advice and assistance to the prospective adopter as the agency considers necessary, j monitor the child's health during the placement to the extent that the adoption agency's medical adviser considers necessary, and k review the placement of the child if an application for an adoption order has not been made within three months of the placement, and on such other occasions as the adoption agency considers necessary. Review of case where no placement made within six months of freeing for adoption 13 1 Where a child has been freed for adoption by virtue of an order under section 14 of the 1975 Act (freeing child for adoption) and six months have elapsed since the making of that order and the child does not have his home with a prospective adopter, the adoption agency in which parental rights and duties are then vested by virtue of section 14 or 23 of the 1975 Act shall review that child's case to determine why no placement has been made and what action if any should be taken to safeguard and promote his welfare. 2 A case to which paragraph (1) applies shall be subject to such a review at intervals of not more than six months. Confidentiality and preservation of case records 14 1 Subject to regulation 15, any information obtained or recommendations or decisions made by virtue of these regulations shall be treated by the adoption agency as confidential. 2 Where a case record has been set up by an adoption agency under regulations 7(2)(a), 8(2)(a) or 9(3) in respect of a child or a prospective adopter, any report, recommendation or decision made by that agency by virtue of these regulations in respect of that child or that prospective adopter shall be placed on the case record relating to that child or, as the case may be, that prospective adopter, and any case records set up by the agency together with the indexes to them shall be kept in a place of special security. 3 Subject to regulation 16(2), an adoption agency shall preserve the indexes to all its case records and the case records in respect of those cases in which an adoption order is made in a place of special security for at least 75 years and shall preserve other case records in a place of special security for so long as it considers appropriate, so however that any case records and indexes may be so preserved on microfilm or such other system as reproduces the total contents of any such record or index. Access to case records and disclosure of information 15 1 Subject to paragraph (3), an adoption agency shall provide such access to its case records and the indexes to them and disclose such information in its possession, as may be required— a to those holding an inquiry under section 76 of the Child Care Act 1980 (inquiries), for the purposes of such an inquiry, b to the Secretary of State, c subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), to a Local Commissioner, appointed under section 23 of that Act (Commissioners for Local Administration), for the purposes of any investigation conducted in accordance with Part III of that Act, d to the persons and authorities referred to in regulations 11 and 12 to the extent specified in those regulations, e to a guardian ad litem or reporting officer appointed under rules made pursuant to section 20 of the 1975 Act (guardian ad litem and reporting officer) for the purposes of the discharge of his duties in that behalf, and f to a court having power to make an order under the Act, the Adoption Act 1968 or Part I of the 1975 Act for the purposes of the discharge of its duties in that behalf. 2 Subject to paragraph (3), an adoption agency may provide such access to its case records and the indexes to them and disclose such information in its possession, as it thinks fit— a for the purposes of carrying out its functions as an adoption agency, and b to a person who is authorised in writing by the Secretary of State to obtain information for the purposes of research. 3 A written record shall be kept by an adoption agency of any access provided or disclosure made by virtue of this regulation. Transfer of case records 16 1 Subject to paragraphs (2) and (3), an adoption agency may transfer a copy of a case record (or part thereof) to another adoption agency when it considers this to be in the interests of a child or prospective adopter to whom the record relates, and a written record shall be kept of any such transfer. 2 An approved adoption society which intends to cease to act or exist as such shall forthwith either transfer its case records to another adoption agency having first obtained the Secretary of State's approval for such transfer, or transfer its case records— a to the local authority in whose area the society's head office is situated, or b in the case of a society which amalgamates with another approved adoption society to form a new approved adoption society, to the new society. 3 An adoption agency to which case records are transferred by virtue of paragraph (2)(a) or (b) shall notify the Secretary of State in writing of such transfer. Progress reports under section 15 of the 1975 Act 17 Where parental rights and duties relating to a child who is in Great Britain have been transferred from one adoption agency to another by virtue of an order under section 23 of the 1975 Act, the agency in which those rights and duties are vested shall provide such information as the agency which obtained the order under section 14 of the 1975 Act considers necessary for it to comply with its duty under section 15(2) and (3) of the 1975 Act (progress reports to former parent). Revocations 18 The Adoption Agencies Regulations 1976 and the Adoption Agencies (Amendment) Regulations 1981 are hereby revoked. Signed by authority of the Secretary of State for Social Services. Tony Newton Parliamentary Under-Secretary of State Department of Health and Social Security 23rd December 1983 Nicholas Edwards Secretary of State for Wales 30th December 1983