Regulation 5 Requirement for assessment

(1)

Subject to paragraph (10), a local authority shall, at the request of—

(a)

an adoptive parent;

(b)

an adoptive child; or

(c)

a child of an adoptive parent,

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

(2)

Subject to paragraph (11), where—

(a)

a related person requests a local authority to carry out an assessment of his need for assistance in relation to arrangements for contact between him and an adoptive child; and

(b)

arrangements for such contact have been made before the request for an assessment,

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—

(a)

a local authority are reviewing the placement for adoption of a child under regulation 12(2)(k) of the 1983 Regulations; and

(b)

they have not carried out an assessment in accordance with paragraph (4) in respect of each member of the adoptive family,

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—

(a)

counselling, advice and information in relation to adoption; or

(b)

a service specified in regulation 2(1).

(8)

This paragraph applies where an adoptive child—

(a)

is looked after by the local authority; or

(b)

has not been adopted but has been placed by the local authority for adoption.

(9)

This paragraph applies where an adoptive child—

(a)

has been adopted by his adoptive parents; and

(b)

before the adoption order was made, was placed for adoption with the adoptive parents by the local authority.

(10)

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

(a)

paragraph (8) applies;

(b)

paragraph (9) applies and the person requests the assessment—

(i)

not more than one year after the date of the adoption order; or

(ii)

not more than three years after the date on which the adoptive child was placed with the adoptive parents; or

(c)

sub-paragraphs (a) and (b) do not apply and the person lives in the area of the local authority.

(11)

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

(a)

paragraph (8) or (9) applies; or

(b)

paragraphs (8) and (9) do not apply and the related person lives in the area of the local authority.