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THE ADOPTION AND CHILDREN ACT REGISTER REGULATIONS 2014

UK Statutory Instruments

Version as made

2014 No. 1492


  • Version as made

Introductory Text

Statutory Instruments

2014 No. 1492

Children And Young Persons, England

The Adoption and Children Act Register Regulations 2014

Made

9th June 2014

Laid before Parliament

18th June 2014

Coming into force

25th July 2014

The Secretary of State for Education, makes the following Regulations in exercise of the powers conferred by sections 125(1), (1A) and (4), 128(1), (2) and (5), 129(2A), and (3) and 140(7) and (8) of the Adoption and Children Act 2002(1).

Citation and commencement

1.  These Regulations may be cited as the Adoption and Children Act Register Regulations 2014 and come into force on 25th July 2014.

Interpretation

2.  (1)   In these Regulations— “the Act” means the Adoption and Children Act 2002; “the 2005 Regulations” means the Adoption Agencies Regulations 2005(2 ) ; and “Part 1 of the register”, “Part 2 of the register” and “Part 3 of the register” have the meanings given in regulation 3.

(2)  Where the Secretary of State has made arrangements with an organisation under section 126(1) of the Act, references to “the Secretary of State” must be read as references to “the registration organisation”.

The Adoption and Children Act Register

3.  The register(3 ) may contain—

(a) the information in Schedule 1A to the 2005 Regulations about children who an adoption agency or a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable for adoption(4 ) (“Part 1 of the register”) ;
(b) the information in paragraphs 1 to 12 and 14 to 20 of Schedule 1A to the 2005 Regulations about children for whom a local authority in England is considering adoption(5 ) (“Part 2 of the register”) ; and
(c) the information in Schedule 4B to the 2005 Regulations about prospective adopters who an adoption agency or a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable to adopt a child(6 ) (“Part 3 of the register”).

Information to be provided for entry in Part 2 of the register

4.  (1)   Where an adoption agency is considering adoption for a child and provides information to the Secretary of State for inclusion in Part 2 of the register, the information provided must be the information set out in paragraphs 1 to 12 and 14 to 20 of Schedule 1A to the 2005 Regulations.

(2)  Where an adoption agency provides information for entry in Part 2 of the register, the agency must confirm to the Secretary of State that it is considering adoption for that child.
(3)  Where an adoption agency becomes aware of any changes to the information provided under this regulation, the agency must notify the Secretary of State of those changes as soon as is reasonably practicable.
(4)  An adoption agency which has provided information about a child to the Secretary of State under this regulation must notify the Secretary of State when the agency has decided to place that child under section 22C(5) of the Children Act 1989(7 ) with a local authority foster parent who has been approved as a prospective adopter following consideration in accordance with section 22C(9B) (c) (8 ) of that Act.

Retention of information

5.  (1)   As soon as reasonably practicable after being notified about a child under regulation 19A(3) of the 2005 Regulations, the Secretary of State must remove from Part 1 of the register any information relating to that child.

(2)  As soon as reasonably practicable after being notified about a child under regulation 4(4) the Secretary of State must remove from Part 2 of the register any information relating to that child.
(3)  As soon as reasonably practicable after being notified about a prospective adopter under regulation 30G(3) of the 2005 Regulations, the Secretary of State must remove from Part 3 of the register any information relating to that prospective adopter.
(4)  Subject to paragraphs (1) to (3) information contained in the register must only be retained for as long as is necessary in all the circumstances.
(5)  The Secretary of State must ensure that the information contained in the register is at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of that information.

Disclosure of information

6.  Any information contained in the register may be disclosed—

(a) to a Welsh, Scottish or Northern Irish adoption agency, for the purpose of assisting that agency to find adopters with whom it would be appropriate for a particular child to be placed;
(b) to a Welsh, Scottish or Northern Irish adoption agency, for the purpose of assisting that agency to find a child appropriate for adoption by a particular prospective adopter;
(c) for the purpose of enabling the information to be entered in a register which is maintained in respect of Wales, Scotland or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child;
(d) to a person holding an inquiry under sections 3 and 4 of the Children Act 2004(9 ) (inquiries held by the Children’s Commissioner) or under the Inquiries Act 2005(10 ) for the purposes of such an inquiry;
(e) subject to the provisions of sections 29(7) and 32(3) of the Local Government Act 1974(11 ) (investigations and disclosure) , to the Commission for Local Administration in England, for the purpose of any investigation conducted in accordance with Part 3 of that Act;
(f) to an officer of the Children and Family Court Advisory and Support Service(12 ) or a Welsh family proceedings officer(13 ) for the purposes of the discharge of the officer’s duties under the Act;
(g) to a court for the purposes of making an order under the Act or the Children Act 1989;
(h) to the person who provides the web based information service supported and funded by the Department for Education for the purposes of providing information to the public about adoption and the adoption process in England.

Amendments to the Adoption Agencies Regulations 2005

7.  The 2005 Regulations are amended as follows.

8.  In regulation 2 (interpretation) —

(a) omit the definition of “the Adoption Register”; and
(b) at the end insert—
“(2)   Where the Secretary of State has made arrangements with an organisation under section 126(1) of the Act, references in regulations 19A and 30G to “the Secretary of State” must be read as references to “the registration organisation”.”.
9.  For regulation 19A substitute— “19A     Information to be provided for entry in Part 1 of the register
(1)   Where an adoption agency—
(a) decides, in accordance with regulation 19, that a child should be placed for adoption, and
(b) has not identified particular prospective adopters with whom it is considering placing the child for adoption, the agency must provide the information about the child listed in Schedule 1A to the Secretary of State for entry in Part 1 of the register, as defined in regulation 3(a) of the Adoption and Children Act Register Regulations 2014, as soon as possible and in any event no later than three months after that decision.
(2)   Where an adoption agency becomes aware of any changes to the information provided under this regulation it must notify the Secretary of State of those changes as soon as is reasonably practicable.
(3)   An adoption agency must notify the Secretary of State when the agency has decided to place a child under regulation 33.”.
10.  For regulation 30G substitute— “30G     Information to be provided for entry in Part 3 of the register
(1)   This regulation applies where—
(a) an adoption agency has, in accordance with regulation 30B, determined that a prospective adopter is suitable to adopt a child;
(b) the agency has not identified a particular child who it is considering placing with that prospective adopter, and
(c) the agency has obtained the written consent of the prospective adopter but does not apply in a section 83 case.
(2)   The agency must provide the information listed in Schedule 4B about a prospective adopter to the Secretary of State for inclusion in Part 3 of the register, as defined in regulation 3(c) of the Adoption and Children Act Register Regulations 2014, as soon as possible and in any event no later than three months after a determination referred to in paragraph (1) (a).
(3)   The agency must notify the Secretary of State when the agency has decided to place a particular child with the prospective adopter under regulation 33.”.
11.  After Schedule 1 insert—