Regulation 31 Proposed placement

England and Wales

(1)

Where an adoption agency is considering placing a child for adoption with a particular prospective adopter (“the proposed placement”) the agency must—

(a)

provide the prospective adopter with a copy of the child's permanence report and any other information the agency considers relevant;

(b)

meet with the prospective adopter to discuss the proposed placement;

(c)

ascertain the views of the prospective adopter about—

(i)

the proposed placement; and

(ii)

the arrangements the agency proposes to make for allowing any person contact with the child; and

(d)

provide a counselling service for, and any further information to, the prospective adopter as may be required.

(2)

Where the adoption agency considers that the proposed placement should proceed, the agency must—

(a)

where the agency is a local authority, carry out an assessment of the needs of the child and the prospective adopter and any children of the prospective adopter (“the adoptive family”) for adoption support services in accordance with regulations made under section 4(6) of the Act;

(b)

where the agency is a registered adoption society, notify the prospective adopter that he may request the local authority in whose area he has his home (“the relevant authority”) to carry out an assessment of his needs for adoption support services under section 4(1) of the Act and pass to the relevant authority, at their request, a copy of the child's permanence report and a copy of the prospective adopter's report;

(c)

consider the arrangements for allowing any person contact with the child; and

(d)

prepare a written report (“the adoption placement report”) which shall include—

(i)

the agency's reasons for proposing the placement;

(ii)

the information obtained by the agency by virtue of paragraph (1);

(iii)

where the agency is a local authority, their proposals for the provision of adoption support services for the adoptive family;

(iv)

the arrangements the agency proposes to make for allowing any person contact with the child; and

(v)

any other relevant information.

(3)

F1Where the adoption agency remains of the view that the proposed placement should proceed, it must notify the prospective adopter that the proposed placement is to be referred to the adoption panel and give him a copy of the adoption placement report, inviting him to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is sent.

(4)

At the end of the period of 10 working days referred to in paragraph (3) (or earlier if observations are received before the 10 working days has expired) the adoption agency must send—

(a)

the adoption placement report;

(b)

the child's permanence report; and

(c)

the prospective adopter's report and his observations,

to the adoption panel.

(5)

The adoption agency must 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 and send that information to the panel.

(6)

This paragraph applies where an adoption agency (“agency A”) intends to refer a proposed placement to the adoption panel and another agency (“agency B”) made the decision (in accordance with these Regulations) that—

(a)

the child should be placed for adoption; or

(b)

the prospective adopter is suitable to be an adoptive parent.

(7)

Where paragraph (6) applies agency A may only refer the proposed placement to the adoption panel if it has consulted agency B about the proposed placement.

(8)

Agency A must—

(a)

where paragraph (6)(a) applies, open a child's case record; or

(b)

where paragraph (6)(b) applies, open a prospective adopter's case record,

and place on the appropriate record, the information and documents received from agency B.

Annotations

Textual amendments

F1: Words in reg. 31(3) substituted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 5(n)