# The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018

S.I. 2018/152 · made 5 February 2018

These Regulations make provision for the disclosure of certain information by an adoption agency to another adoption agency.

Made under: Children Act 1989 (Section 22C, Section 104, Schedule 2 paragraph 12A, Schedule 2 paragraph 12B, Schedule 2 paragraph 12E); Adoption and Children Act 2002 (Section 56, Section 57, Section 58, Section 140)

PDFs: Printed copy https://openlegislation.uk/adoption-and-care-planning-miscellaneous-amendments-regulations-2018/pdf/uksi_20180152_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/adoption-and-care-planning-miscellaneous-amendments-regulations-2018/pdf/uksiem_20180152_en.pdf

## Introductory text

Children And Young Persons, England
Made 5th February 2018
Laid before Parliament 8th February 2018
Coming into force 5th March 2018
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 22C(11) and 104(4) of and paragraphs 12A, 12B and 12E of Schedule 2 to the Children Act 1989 and sections 56(3), 57(6), 58(2) and 140(7) and (8) of the Adoption and Children Act 2002.

## 1 Citation and commencement

These Regulations may be cited as the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 and come into force on 5th March 2018.

## 2 Amendment of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005

In regulation 8(2) of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 (disclosure for purposes of agency’s functions or for research)—
(a) in paragraph 2(a), at the end omit “or”; and
(b) at the end insert—
“; or
(c) another adoption agency as it thinks fit for purposes related to its functions or the receiving agency’s functions as an adoption agency”.

## 3 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

The Care Planning, Placement and Case Review (England) Regulations 2010 are amended as follows.

## 4 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

After regulation 49 (establishment of records) insert—
“Transfer of case records
49A. The responsible authority may transfer a copy of C’s case record (or part of that record) to an adoption agency when it considers this to be in the interests of C, and a written record shall be kept of any such transfer.”.

## 5 Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

In regulation 50(2) (retention and confidentiality of records) before sub-paragraph (a) insert—
“(aa) regulation 49A,”.

## Signature

Nadhim Zahawi
Parliamentary Under Secretary of State
Department for Education
5th February 2018

## Explanatory note

(This note is not part of the Regulations)
These Regulations make provision for the disclosure of certain information by an adoption agency to another adoption agency.
Regulation 2 amends the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 to enable an adoption agency to share any information kept about a person’s adoption in accordance with section 56(1)(a) of the Adoption and Children Act 2002 with another adoption agency as it thinks fit for purposes related to its functions or the receiving agency’s functions as an adoption agency.
Regulation 3 amends the Care Planning, Placement and Case Review (England) Regulations 2010 to enable the local authority looking after a child to disclose that child’s case record to an adoption agency when it considers such a disclosure to be in the interests of the child.
A full impact assessment has not been produced for this instrument as it has a minimal impact on businesses and civil society organisations. The instrument has a minimal impact on the public sector.

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Source: https://www.legislation.gov.uk/uksi/2018/152 (the official version)
Page: https://openlegislation.uk/adoption-and-care-planning-miscellaneous-amendments-regulations-2018
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.