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Story published on December 13, 2002

Adoption and children act 2002 regulations

Health Minister, Jacqui Smith has issued the first set of regulations from the Adoption and Children Act 2002 for consultation, just six weeks after the Act received Royal Assent.

This first phase of the implementation delivers on the government's commitment to improve services and increase the support available to adoptive families, strengthening the stability and success of adoptive relationships.

Counselling, information and advice, support groups for adopters, keyworkers to help adoptive families access the support services they need and tailor-made adoption support plans for families will be made available.

The first phase will also modernise the financial support system, provide extra assistance with contact between adopted children and birth relatives and provide services to meet therapeutic needs of adopted children.

The Goverment plans to bring these regulations in to force in April 2003, delivering on the commitment made in Special Standing Committee on 17 Jan 2002. This will coincide with the changes to the tax and benefits system, the introduction of paid adoption leave and the introduction of the new £70 million ring-fenced grant for adoption support services - demonstrating the Government's commitment to putting extra resources into adoption support provision.

Jacqui Smith said:
"These regulations demonstrate the Government's commitment to introducing improved adoption services and are a real step forward towards delivering the consistent support that adoptive families so richly deserve.

"The adopters will have access to a planned package of support when they need it, and for as long as they need it. A key worker will help them to find their way through the system and get what they need. They will have a plan drawn up outlining the support that they will get.

"When these regulations come into force, all new adoptive families will have a right to have their need for adoption support assessed. Better, more comprehensive support will help to improve the success of adoptive placements.

"We are committed to introducing improved adoption support services of new adoptive families in April 2003, in advance of full implementation of the adoption support provisions."

The 2002 Act will be implemented over the course of the next two years, with full implementation currently planned for 2004. During the Third Reading speech on 20 May 2002 Jacqui Smith gave a commitment to implement some of the Act's key provisions in 2003. These are as follows:

  • April 2003 - implementation of the first phase of the adoption support provisions for adoptive families
  • Mid 2003 - implementation of the provisions placing restrictions on adoption from overseas
  • Late 2003 - implementation of Phase 1 of the new Independent Review Mechanism which will offer prospective adopters an independent review of their case if they have been informed that an adoption agency is minded not to approve them

    The Department of Health are consulting widely on the regulations and court rules which will help to underpin the new adoption system to be implemented through this legislation, and early next year will be outlining in detail a planned implementation and consultation timetable. They will also give careful thought to the training needs of adoption workers, that the new legislation will require.

    Phase 1 will be particularly targeted on adoptive families. It will cover both new adoptions and existing adoptions where the adopted child is under 18. Phase 1 does not therefore cover adopted adults or birth relatives, all of whom will be entitled to request an assessment for adoption support services once the provisions are fully implemented.

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