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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Adoption Support Services (Local Authorities) (England) Regulations 2003 No. 1348 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031348.html |
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Made | 21st May 2003 | ||
Laid before Parliament | 22nd May 2003 | ||
Coming into force | 31st October 2003 |
but does not include a person where the child is no longer a child, or where the person is the step-parent or natural parent of the child, or was the step-parent of the child before he adopted the child;
(b) who has been adopted by a person who -
but does not include an agency adoptive child;
(4) In these Regulations -
(5) In any case where -
the definitions of "adoptive child" and "child" shall, for the purposes of the continued provision of financial support and any review of financial support, have effect in relation to him as if he had not attained the age of 18 years.
Provision of adoption support services
2.
- (1) For the purposes of section 2(6) of the 2002 Act (definition of "adoption support services")[11], the following services are prescribed -
(d) services that may be provided in relation to the therapeutic needs of an adoptive child;
(e) assistance for the purpose of ensuring the continuance of the relationship between the child and his adoptive parent, including -
(2) Subject to paragraph (3), local authorities shall make arrangements for the purpose of providing any service specified in column (1) of the table in the Schedule for persons who are of a description specified in the corresponding entry in column (2) of the table.
(3) The arrangements referred to in paragraph (2) in respect of any service are required to be made whether or not the local authority have decided to provide the service to any person.
(4) The services prescribed in paragraph (1)(b) to (e) may include -
(5) These Regulations shall apply to a local authority in respect of a person who lives in the area of the local authority or, in the circumstances specified in paragraph (6), a person ("the individual") who lives outside that area.
(6) The circumstances specified are where -
(c) the individual (if he is the adoptive child), or the adoptive child -
(d) the individual is not the adoptive child and the local authority have assessed the individual's needs for adoption support services in relation to the adoption or prospective adoption of the adoptive child.
Circumstances in which financial support may be paid
3.
- (1) Financial support may be paid only to an adoptive parent, and only where one or more of the circumstances specified in paragraph (2) exists.
(2) The circumstances referred to in paragraph (1) are -
(3) Before financial support is payable the local authority shall require the adoptive parents to have agreed to -
and, where the information is given orally, to confirm it in writing within seven days;
(b) complete and supply the local authority with an annual statement as to the matters referred to in regulation 13(2)(a)(i) to (iii).
Adoption support services adviser
4.
- (1) The local authority shall appoint a person (an "adoption support services adviser") to carry out the function specified in paragraph (2).
(2) The function of the adoption support services adviser shall be to give advice and information, to persons who may be affected by the adoption or proposed adoption of a child, as to -
(3) The local authority shall not appoint a person as an adoption support services adviser unless satisfied that his knowledge and experience of -
is sufficient for the purposes of the work that he is to perform.
Requirement for assessment
5.
- (1) Subject to paragraph (10), a local authority shall, at the request of -
carry out an assessment of his needs for adoption support services.
(2) Subject to paragraph (11), where -
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 -
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 -
(8) This paragraph applies where an adoptive child -
(9) This paragraph applies where an adoptive child -
(10) The local authority shall not be required under paragraph (1) to carry out an assessment of a person's needs unless -
(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 -
Procedure for assessment
6.
- (1) Where the local authority carry out an assessment of a person's needs for adoption support services they shall, in carrying out the assessment, have regard to the following considerations -
(2) In carrying out an assessment in respect of a person -
the local authority shall notify that Primary Care Trust or local education authority;
(b) where the assessment is for the purposes of regulation 5(4) and the prospective adopter lives in the area of another local authority, they shall consult that other local authority.
(3) The local authority shall, where it considers it appropriate to do so -
(4) Where the assessment is being carried out at the request of a related person, the local authority shall have regard to his needs only so far as they relate to his need for assistance so as to enable him to take part in arrangements for contact with the adoptive child that were made before the request for an assessment.
Amount of financial support
7.
- (1) This regulation applies where the local authority carry out an assessment of a person's need for financial support.
(2) In determining the amount of financial support the local authority shall take into account -
(3) Financial support may not be paid to meet any needs in so far as any benefit or allowance applicable to the adoptive parents as a result of their adoption of the child, is payable or available to them in respect of those needs.
(4) Except where paragraphs (5) and (6) apply, the financial support payable by the local authority shall not include any element of remuneration for the care of the child by the adoptive parents.
(5) This paragraph applies where -
(6) This paragraph applies -
Proposal to provide adoption support services
8.
- (1) The local authority shall, after carrying out an assessment under regulation 5 -
(2) The matters specified are -
(3) A notice to be given to a person under paragraph (1)(b) shall state the period of time within which he may make representations to the local authority concerning the proposed decision; and the local authority shall not make a decision under regulation 9 until either -
(b) the period of time for making representations has expired.
(4) Where the assessment relates only to the provision of information, the requirement in paragraph (1)(b) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.
Decision as to adoption support services
9.
- (1) The local authority shall, having regard to the assessment, and after considering any representations received within the period specified in the notice to be given under regulation 8(1)(b), decide -
and shall give notice of that decision in accordance with regulation 10, which shall include the reasons for the decision.
(2) Where the assessment relates only to the provision of information, the requirement in paragraph (1) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.
(3) If the local authority decide that financial support is to be paid -
(4) Where the local authority decide that financial support is to be paid for a particular purpose, they may pay the financial support subject to a condition as to how the payment is to be used and may specify the date by which the condition is to be met.
(5) Where the local authority decide that financial support is to be paid, it shall be paid as a single payment except that -
(b) where the local authority decide that financial support is to be paid to meet any needs which are likely to give rise to expenditure which is likely to be recurring, they may determine that financial support shall be paid -
(6) The following matters are specified -
(c) where financial support is to be paid as a single payment, the date on which the payment is to be made;
(d) where financial support is to be paid subject to any conditions, those conditions, the date (if any) by which the conditions are to be met and the consequences of failing to meet the conditions;
(e) the arrangements and procedure for review, variation and termination of financial support;
(f) the responsibilities of -
(7) Where the local authority are satisfied that a condition notified under paragraph (3) has not been met by the date, if any, specified in the notice, they may require that the payment or an appropriate part of the payment be repaid.
Notices
10.
- (1) Any information required to be supplied, or notice required to be given, under regulation 8, 9, 11, 12 or 13 shall be given in writing -
(c) where the person is a child and paragraph (2) does not apply, to the adoptive parents.
(2) This paragraph applies where -
Plan
11.
- (1) If the local authority decide under regulation 9 to provide any adoption support services to a person, they shall -
except where the services to be provided are to consist of services to be provided on a single occasion.
(2) The local authority shall for the purpose of preparing the plan consult -
that Primary Care Trust or local education authority.
(3) If the local authority decide under regulation 9 to provide any adoption support services to a person, and are required under that regulation to give notice of that decision, they shall -
Review of the provision of adoption support services
12.
- (1) Where the local authority provide adoption support services for a person, they shall review the provision of such services if any change in the person's circumstances comes to their notice.
(2) This regulation shall not apply to a review of the provision of financial support where the financial support is payable in instalments or periodically.
(3) Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.
(4) The local authority shall, having regard to the review and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) -
(5) If the local authority decide to vary or terminate the provision of adoption support services for the person, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision; and paragraphs (2) to (7) of regulation 9 shall apply to a decision under paragraph (4) as they apply to a decision under paragraph (1) of that regulation.
Review of financial support
13.
- (1) This regulation shall apply where financial support is payable in instalments or periodically.
(2) The local authority shall review the financial support -
(b) if any change in the circumstances of the adoptive parents or the child, including any change of address, comes to their notice.
(3) The local authority shall, having regard to the review, and in particular whether the adoptive parents' need for financial support has changed or ceased since the amount of financial support was last determined, and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b) -
(4) Where the adoptive parents fail to supply the local authority with an annual statement in accordance with their agreement under regulation 3(3)(b), the local authority may suspend payment of the financial support until such time as a statement is supplied.
(5) The local authority shall terminate payment of financial support when -
(6) Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.
(7) If the local authority decide to vary, suspend or terminate payment of the financial support, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision.
(8) Paragraphs (3) to (7) of regulation 9 shall apply to a decision under paragraph (3) as they apply to a decision under paragraph (1) of that regulation.
Recovery of expenses between local authorities
14.
- (1) Where -
(b) another local authority ("the recovering authority") provide any adoption support services in relation to the child,
the recovering authority may, subject to paragraphs (2) and (3), recover from the placing authority the expenses of providing the adoption support services.
(2) Paragraph (1) shall not apply in respect of the expenses of providing adoption support services to the extent that those services consist of the provision of advice or information.
(3) Paragraph (1) shall apply in respect of the expenses of providing adoption support services in relation to a child only to the extent that -
(4) References in paragraph (3) to adoption support services include any allowance that by virtue of regulation 15(2) is treated as financial support payable under these Regulations.
Amendment of the Adoption Allowance Regulations 1991 and transitional provision
15.
- (1) In regulation 1(2) of the Adoption Allowance Regulations 1991[13], in the definition of "adoption agency", the words "or a local authority" shall be omitted.
(2) Any allowance which is payable by a local authority under the Adoption Allowance Regulations 1991 immediately before 31st October 2003 ("the allowance") shall be treated with effect from that date as financial support payable under these Regulations, and the financial support shall be of the same amount, method and frequency of payment, and payable for the same period, as the allowance.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State, Department of Health
21st May 2003
(1) Service | (2) Description of person |
The service specified in regulation 2(1)(a) (financial support) | Adoptive parent of an agency adoptive child |
The service specified in regulation 2(1)(b) (support group) |
Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption Agency adoptive child who has been placed for adoption or has been adopted |
The service specified in regulation 2(1)(c) (contact) |
Agency adoptive child who has been placed for adoption or has been adopted A related person |
The service specified in regulation 2(1)(d) (therapeutic services) |
Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption Agency adoptive child who has been placed for adoption or has been adopted Any child of an adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption |
The service specified in regulation 2(1)(e) (services to ensure continuance of relationship) |
Adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption Agency adoptive child who has been placed for adoption or has been adopted Any child of an adoptive parent who has adopted an agency adoptive child, or with whom an agency adoptive child has been placed for adoption |
Counselling, advice and information |
Adoptive parent Adoptive child Any child of an adoptive parent |
[2] 2002 c. 38. The powers are exercisable by the appropriate Minister; see section 144(1) for the definition of "regulations". The "appropriate Minister" is defined in section 144(1), in relation to England, Scotland and Northern Ireland as the Secretary of State.back
[3] S.I. 1983/1964. Relevant amending instruments are S.I. 1997/649, 1997/2308 and 2001/2237.back
[4] 1976 c. 36. By section 1(4) of the Adoption Act 1976, a local authority or appropriate voluntary organisation may be referred to as an adoption agency. The term "appropriate voluntary organisation" is defined in section 1(5) of that Act. Section 1(4) was amended by section 116 of, and paragraph 5(1) and (2)(a) of Schedule 4 to, that Act. Section 1(5) was inserted by section 116 of, and paragraph 5(1) and (2)(b) of Schedule 4 to, that Act.back
[5] 2002 c. 21. See section 8 for the definition of child tax credit.back
[9] 1996 c. 56. See section 12 of the Act.back
[10] 1989 c. 41. See section 22(1) for the definition in the Children Act 1989 of a child who is looked after by a local authority.back
[11] By section 2(6) of the 2002 Act, the term "adoption support services" is defined as (a) counselling, advice and information, and (b) any other services prescribed by regulations, in relation to adoption.back
[12] By section 144(1) of the 2002 Act, "relative" is defined in relation to a child as a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage.back
[13] S.I. 1991/2030, amended by S.I. 1991/2130.back
© Crown copyright 2003 | Prepared 17 June 2003 |