NAFWC43/06 - Guidance - The Access To Information Postcommencement Adoptions (Wales) Regulations 2005 Guidance

PREFACE

This document is issued under section 7 of the Local Authority Social Services Act 1970, which requires local authorities in their social services functions to act under the general guidance of the National Assembly for Wales. As such this document does not have the full force of statute but should be complied with unless local circumstances indicate exceptional reasons which justify a variation. For the purposes of this document reference to the Welsh Assembly Government shall be taken as references to the Welsh Assembly Government acting under powers delegated to it by the National Assembly for Wales.

This guidance is issued by the Welsh Assembly Government. It is designed to support the introduction of the Access to Information (Post- Commencement Adoptions) (Wales) Regulations 2005 under the Adoption  and Children Act 2002. They apply only to adoptions where the adoption order was made on or after 30 December 2005. The 2002 Act and the regulations provide adoption agencies with a framework within which they are required to consider certain issues before making a decision as to whether to disclose identifying information (that is information which taken alone or with other information could identify someone). The framework should provide for a more consistent approach to the retention, safeguarding and access to sensitive information about a person's adoption whilst recognising and seeking to balance the interests and wishes of all those involved in adoption. This guidance is not a complete statement of law and should be read in conjunction with the Act and the Regulations.

Local authorities will need to review their existing policies and practice in the light of the Regulations and this guidance and give the same priority to these responsibilities as to other statutory duties.