{
  "url": "https://openlegislation.uk/adoption-support-services-local-authorities-wales-regulations-2004/regulation-5",
  "json_url": "https://openlegislation.uk/adoption-support-services-local-authorities-wales-regulations-2004/regulation-5.json",
  "legislation": "wsi/2004/1011",
  "legislation_title": "The Adoption Support Services (Local Authorities) (Wales) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/adoption-support-services-local-authorities-wales-regulations-2004",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Requirement for assessment",
  "text": "(1) A local authority must, at the request of an adult or child specified in the Schedule, carry out an assessment of his or her needs for adoption support services.\n(2) A local authority may, at the request of any other person, carry out an assessment of his or her needs for adoption support services\n(3) Where a local authority are considering adoption for a child who is looked after, they must, before completing the written report required under regulation 7(2)(e) of the 1983 Regulations, carry out an assessment of a child’s needs for adoption support services.\n(4) Where a local authority propose to place a particular child for adoption with a prospective adopter, they must, 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.\n(5) Where —\n(a) a local authority are reviewing the placement for adoption of a child under regulation 12(2)(k) of the 1983 Regulations; and\n(b) they have not carried out an assessment in accordance with paragraph (4) in respect of each member of the adoptive family,\nthey must, before completing the review, carry out an assessment of the needs of each member of the adoptive family for adoption support services.\n(6) Where a local authority (“the placing authority”) are considering the placement of a child who is looked after with a prospective adopter who is resident in the area of another local authority (“the recovering authority”) the placing authority must consult the recovering authority in writing about the placement and the result of the assessments undertaken in accordance with paragraphs (3) and (4) and in particular upon the abilities of the agencies in the area of the recovering authority to provide any identified adoption support services.\n(7) A recovering authority in Wales must respond in writing to the consultation undertaken in accordance with paragraph (6) within twenty-eight days of receiving it.\n(8) Where a recovering authority has responded in writing to the consultation undertaken in accordance with paragraph (6), these written comments must be taken into account by the adoption panel when considering the placement of the child in accordance with regulation 10 of the 1983 Regulations and by the adoption agency when considering its decision in accordance with regulation 11 of the 1983 Regulations.\n(9) Where the person’s request under paragraph (1) or (2) relates to a particular service specified in regulation 3(1), 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 service so specified, the local authority may carry out the assessment by reference only to that service.\n(10) The local authority is not required under paragraph (1) to carry out an assessment of a person’s needs unless —\n(a) paragraph (11) applies;\n(b) paragraph (12) applies and the person requests the assessment —\n(i) not more than one year after the date of the adoption order; or\n(ii) not more than three years after the date on which the adoptive child was placed with the adoptive parents; or\n(c) sub-paragraphs (a) and (b) do not apply and the person lives in the area of the local authority.\n(11) This paragraph applies where an adoptive child —\n(a) is looked after by the local authority; or\n(b) has not been adopted but has been placed for adoption by the local authority.\n(12) This paragraph applies where an adoptive child —\n(a) has been adopted by his or her adoptive parents; and\n(b) before the adoption order was made, was placed for adoption with the adoptive parents by the local authority.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.10.2004, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/1011/regulation/5",
    "retrieved_at": "2026-10-29T00:08:52.328598+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}