Explanatory Memorandum to THE ADOPTION AGENCIES (WALES) (AMENDMENT) REGULATIONS 2014
This Explanatory Memorandum has been prepared by the Health, Social Services and Children Department and is laid before the National Assembly for Wales in conjunction with the above subordinate legislation and in accordance with Standing Order 27.1.
Minister’s Declaration
In my view, this Explanatory Memorandum gives a fair and reasonable view of the expected impact of the Adoption Agencies (Wales) (Amendment) Regulations 2014.
Gwenda Thomas
Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers
10 March 2014
1.1 Part 2 of the Adoption Agencies (Wales) Regulations 2005 make provision for the arrangements for adoption work which agencies must put in place. Regulation 3 requires agencies to set up adoption panels and regulations 4 and 5 make provision in relation to the tenure of panel members and the proceedings of adoption panels. Regulation 8 requires agencies to appoint an adoption adviser to the adoption panel. These Regulations amend the Principle Regulations to provide greater flexibility for adoption agencies when constituting an adoption panel, whether on their own or jointly with other adoption agencies. These amending Regulations are intended to facilitate the development of a national adoption service.
1.2 These regulations amend regulations 3 – 10 of the Adoption Agencies (Wales) Regulations 2005 (‘the Principal Regulations’) and are considered appropriate to achieve the policy intent of a National Adoption Service.
3. Legislative background
3.1 These
regulations are made under sections 9(1)a, 140(7) and (8), 142(4)
and 50(5) of the Adoption and Children Act 2002(1)(2) and are
subject to the negative procedure. The powers are exercisable by
the “appropriate Minister“, defined in relation to
Wales, as the National Assembly for Wales under section 144 (1) and
145(1) of the Adoption and Children Act 2002. They will come into force on the
date specified in the instrument.
3.2.An adoption
agency is defined in section 2 of the Adoption and Children Act
2002 (“the Act”) as a local authority or a registered
adoption society (in practice the term “voluntary adoption
agency” is commonly used to mean a “registered adoption
society”). While voluntary adoption agencies have the
powers to place children for adoption, it is only local authorities
who may apply to the court for a placement order (section 22 of the
Act) to place looked after children for adoption with approved
prospective adopters. Local authorities also prepare reports
to the court when a looked after child is to be adopted
abroad.
3.3 The Principal
Regulations require that when an adoption agency is considering
adoption for a child or considering the suitability of prospective
adopters, the agency must refer the case to an adoption panel,
which must then make a recommendation to the agency as to whether
the child should be placed for adoption or whether the prospective
adopters are suitable to adopt.
3.4 These
Regulations amend the Principal Regulations to provide greater
flexibility for adoption agencies when constituting an adoption
panel, whether on their own or jointly with other adoption
agencies. These amending Regulations are intended to
facilitate the development of a national adoption service.
3.5 Regulation 3 of the amending Regulations requires adoption agencies to maintain a central list of persons considered by it to be suitable to be members of an adoption panel, it also makes provision about who should be included on the central list and that the list of persons considered suitable to be members of an adoption panel may be maintained (jointly) by two or more adoption agencies.
3.6 Regulation 4 of the amending Regulations makes provision regarding the constitution of adoption panels, which includes provision for two or more adoption agencies to constitute a joint adoption panel, this provision enables regional collaboritves to constitute a joint panel; at the moment Regulation 3 (5) of the Principle Regulations prohibits more than 3 adoption agencies establishing a joint panel.
4.1
To facilitate the development of a national adoption service in
Wales.
5. The Policy
5.1The Welsh
Government is committed to improving the adoption service for
looked after children. The aim of the adoption reform
programme is to increase the number of
adoptions of looked after children (where this is in the
child’s best interests); encourage more people to come
forward to adopt; tackle delay and remove real or perceived
barriers.
5.2 The proposed amendments seek to remove the restrictions around collaboration, membership and tenure of panels which will be central to combating the delay for adopters, providing greater flexibility in regional delivery and the implementation of a national adoption service. It is expected that these changes will result in children and prospective adopters’ cases being heard by adoption panels more quickly as panels will be constituted from members on a central list rather than sticking to a standing panel with a fixed membership. Because the membership of a panel (convened from the central list) will be more flexible, there will be less likely hood of panels being delayed or postponed due to unavailability of members. The changes are designed to ensure that the legislative framework for the setting up and operation of adoption panels is no more prescriptive than is necessary and will allow greater flexibility in the way adoption panels are operated.
6. Consultation Outcome
7. Regulatory Impact Assessment (RIA)
7.1
The Welsh
Ministers’ Code of Practice on the carrying out of Regulatory
Impact Assessments was considered in relation to these
Regulations. As a result, it was not considered necessary to
carry out a regulatory impact assessment as to the likely costs and
benefits of complying with these Regulations because there will be
an overall reduction in burdens for local authorities adoption
services