Publication - Consultation analysis

The Adoption Agencies (Scotland) Regulations 2009: Scottish Government Response to Consultation

Published: 11 May 2009
Part of:
Communities and third sector
ISBN:
9780755990047

Consultation report on the Adoption Agencies (Scotland) Regulations

53 page PDF

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53 page PDF

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Contents
The Adoption Agencies (Scotland) Regulations 2009: Scottish Government Response to Consultation
Contents

53 page PDF

0 B

ISBN 978 0 7559 9004 7 (Web only publication)
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Contents

Introduction

Regulation 2 - Interpretation

Regulation 3 - Appointment and composition of adoption panels
Question 1: Is a minimum of 6 members (which reflects the current minimum in the 1996 Regulations) reasonable?
Question 2: Do you agree with the provisions in Regulation 3 regarding agencies having to be satisfied as to the qualifications for panel membership?
Question 3: Should Regulation 3 place a duty on agencies to review the membership of the panel on a regular basis?

Regulation 4 - Meetings of the adoption panel and joint adoption panel
Question 4: The quorum is set at 3 in Regulation 3. Is this reasonable?

Regulation 5 - Appointment of medical and legal advisers
Question 5: Do you agree with the approach in Regulation 5?

Regulation 6 - Functions of the adoption panel
Question 6: Do you think anything else needs to be added to Regulation 6?
Question 7: Do you agree that the role of Adoption and Fostering Panels in relation to permanence plans for children should be covered in guidance instead of by regulation?
Question 8: Is the duty contained in section 14(4)(b) sufficient to give effect to the APRG recommendation or should a requirement be created whereby the adoption agency ascertains the wishes of the child and pass the information to the adoption panel?
Question 9: If a requirement should be created should it be extended to cover birth parents?
Question 10: Should the definition of "parent" in Regulations 6(4) and (9) be opened up to include parents whose PRR have been removed by a permanence order with authority for the child to be adopted?

Regulation 7 - Duties of adoption agencies: placing the child for adoption (now Regulation 18)
Question 11: Does Regulation 7 cover the agencies requirements when placing a child for adoption? If not, what is required?
Question 12: Are the lists in Parts I, II and III of Schedule 1 complete? If not what needs to be added?

Regulation 8 - Duties of adoption agencies; assessment of prospective adopters (now Regulation 7)
Question 13: Regulation 8 replicates regulation 10 of the 1996 Regulations. Do you have any comments?

Regulation 9 - Adoption agency decisions (now Regulation 13)

Regulation 10 - Notification of adoption agency decisions (now Regulation 14)
Question 14: Does Regulation 10 cover the notification requirements in full? If not, what is required?
Question 15: Is an "unmarried father" a "parent" in terms of Regulation 10(1)(a) and (2)(a)? If not, is the duty at section 105 of the Act sufficient to protect the unmarried father's interest?

Regulation 11 - Review of adoption agency decisions (now Regulation 9)
Question 16: Do you have any views on Regulation 11? Could it be strengthened in any way?
Question 17: Are the time limits of 28 and 14 days in Regulation 11 acceptable?

Regulation 12 - Provision of information to parents; decision by adoption agency to make arrangements for adoption (now Regulation 16)

Regulation 13 - Provision of information to parents; decision of adoption agency that an application under section 80 of the Act should be made (now Regulation 17)
Question 18: Could the provisions in Regulations 12 and 13 be strengthened in any way?
Question 19: Do Schedules 2-7 cover all the requirements? If not, what should be added?
Question 20: Is our understanding of "parent" correct in Regulations 12 and 13?

Regulation 14 - Consent to placement of the child for adoption for the purpose of section 20 of the Act (now Regulation 19)

Regulation 15 - Consent certificate; no consent or failure to return consent certificate (now Regulation 20)

Regulation 16 - Application for a permanence order; child not subject to supervision requirement (now Regulation 21)
Question 21: Is 28 days a realistic timescale in Regulation 16? If not, what do you regard as being a more effective timescale?

Regulation 17 - Child subject to supervision requirement; referral to the Principal Reporter (now Regulation 22)

Regulation 18 - Application for a permanence order; child subject to supervision requirement (now Regulation 23)
Question 22: Do Regulations 17 and 18 cover the requirements in full? If not, what is required?
Question 23: Does Schedule 8 cover all the requirements? If not, what should be added?
Question 24: Is 28 days a realistic timescale in Regulation 18? If not, what do you regard as being a more effective timescale?

Regulation 19 - Placement for adoption; notification and provision of information (now Regulation 24)

Regulation 20 - Duties of adoption agency following placement for adoption (now Regulation 25)
Question 25: Do Regulations 19 and 20 cover the requirements in full? If not, what else is required?
Question 26: Should Regulation 19(5) be amended to ensure that non PRR parents receive automatic notification of the placement?
Question 27: Could Schedules 2, 4, 5, 7 and 8 be simplified? If so, your suggestions would be greatly appreciated.

Specific questions
(i) Given that all children who will be subject to a permanence order are Looked After Children, should those regulations which relate to permanence orders with authority to adopt (principally Regulations 13, 16 and 18 but there are references in several other regulations) be incorporated into the Looked After Children (Scotland) Regulations?
(ii) Where should the provisions relating to permanence orders sit?
(iii) Do you agree with our understanding of what 'parent' means in each of the relevant regulations?

Scottish Government analysis of responses to the consultation on the Adoption Information (Scotland) Regulations

Regulation 2 - Information to be kept about adoptions
Question 1: Is the approach in this Regulation sufficiently inclusive and comprehensive for the purposes of the collection and creation of a case record?
Question 2: Are there any processes in practice that are not covered by this Regulation and should be included?
Question 3: Is the term 'adopted child' confusing? If so, what term should be used?
Question 4: Is Regulation 2(4) necessary?

Regulation 3 - Form and manner in which information is kept
Question 5: Is the timescale for preservation of records sufficient? What would be a more appropriate timescale?

Final version of the Adoption Agencies (Scotland) Regulations 2009