Guidance

Introduction to adoption support agencies

Updated 18 December 2023

Applies to England

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/adoption-support-agencies-introduction-to-registration/introduction-to-adoption-support-agencies

This guide defines what an adoption support agency is and what you must do if you intend to open one.

This guide is specific to adoption support agencies and provides information that only applies to them. However, you must also read our main guide to registration, which applies to all children’s social care services.

When we refer to children in this guide, we use the legal definition, which is those aged under 18. Adults are those aged 18 and over.

About adoption support agencies

Adoption is a way of providing a new family for children who cannot be brought up by their own parents. It is a legal procedure in which all the parental responsibility is transferred to the adopters.

Adoption support agencies provide assistance to adopted children and adults, such as counselling and finding out the details of their adoption. They also help adopted children and adults and their relatives if they want to know more about, or want to trace, their birth relatives.

About registration

Some adoption support services are required to register with Ofsted. Registration helps to prevent unsuitable people owning, operating, managing or working within adoption support agencies.

You need to register with Ofsted if you are an individual, an organisation or charity that is:

  • providing adoption support to children
  • providing intermediary services to children or adults

An adoption support agency must register if it carries out one or more of the following activities:

  • assisting an adoption agency in preparing and training adoptive parents
  • supporting any child who has been adopted, or their birth relatives; this could include running groups for children or providing a child with counselling in relation to adoption
  • supporting and helping adoptive parents to provide stable and permanent homes for children placed with them for adoption and when they are formally adopted; this could include providing support in understanding their child’s individual needs
  • providing intermediary services, such as helping people to get information about their adoption or facilitating contact between adopted individuals (or those with a ‘prescribed relationship’) and their birth relatives (see regulations)

However, you do not need to register with Ofsted if you are an individual, organisation or charity that is:

  • only working under contract to a local authority or adoption agency
  • only providing adoption support services (other than counselling provided in the context of intermediary services) to adults

You must demonstrate how you will meet regulations and how you will take account of the national minimum standards. You must also follow the statutory guidance on adoption.

Providing services in England and Wales

If you intend to provide services in both England and Wales, you may also need to register with Care Inspectorate Wales (CIW), regardless of where the office or branches are located. You may need to follow the regulatory framework under both the Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA) and the Care Standards Act 2000.

Registering branches of agencies

Branches of adoption support agencies must each register in their own right to operate. A separate application and fee must be paid each time a new branch is opened and each must have a registered manager.

Counsellors

The law says you cannot provide counselling to children on adoption matters without registering with Ofsted unless you are providing the service (as an individual, organisation or charity) through a contract with a registered adoption agency, adoption support agency or for a local authority adoption agency.

If you are a counsellor, you will need to register as an adoption support agency if you intend to independently provide a service to children or families who need counselling around adoption issues. You will also need to register if you intend to provide intermediary services to children or adults.

You do not have to register if an adoption-related issue only emerges after counselling begins and is not the primary concern or focus.

If it becomes clear during counselling that a matter related to adoption is the client’s main focus, you should make their right to access adoption support services clear. You should consider referring them to a registered adoption support agency.

It is for the counsellor or therapist to determine whether the service they are offering meets the definition of adoption support. This will always be individual to the service that you intend to provide.

Ofsted aims to take a reasonable and proportionate approach to enforcement action. The purpose of the regulations is not to disrupt established therapeutic relationships but to make sure that those who provide this specialised service are suitably qualified and regulated.

You may wish to seek legal advice if you are unsure whether the services that you intend to offer require you to apply to register.

Before you apply

For your adoption support agency, you will need:

  • to appoint a manager
  • a statement of purpose that sets out the overall aims and objectives for the adoption support agency

If you are an organisation, such as a company, you will also need to appoint a person known as a ‘responsible individual’ who represents the organisation to Ofsted. You do not need to appoint a responsible individual if you are a sole trader or partnership.

The law views the roles of responsible individual and registered manager as distinct roles:

  • the responsible individual oversees the establishment or agency on behalf of the organisation
  • the registered manager is responsible for delivering the provision’s regulated activities

What to provide when you apply

You must submit an SC1 application. As part of this, you must include:

  • SC1 forms for any branches, if applicable
  • your details as the registered provider and, if you are an organisation such as a company, the responsible individual
  • details of the manager(s)
  • your statement of purpose
  • your safeguarding policy
  • your complaints procedure
  • your equalities policy
  • a copy of a certificate of insurance or written confirmation that insurance will be provided (for example, a letter of intention and an insurance quote)
  • your children’s guide
  • a copy of planning permission granted, a certificate of lawfulness, a copy of a planning application or evidence that planning permission is not required
  • a financial reference
  • your business plan
  • your cash-flow forecast
  • your last 2 annual reports, including reports for any holding company and any subsidiaries
  • your last 2 annual accounts
  • your charitable objects

The person that you have appointed as a manager will need to apply to register with Ofsted. This is done using an SC2 application form.

There is more information on registration in the guide to registration for children’s social care services.

Fees

You will need to pay an application fee for each registration.

Registration timescales

Once we have received everything necessary for your application to register, we usually make a decision within 47 days. We recommend that you allow at least 16 weeks from the start of your application before you intend to open. You cannot operate before you’re registered.

After registration

You will receive a certificate of registration.

You need to pay an annual fee for each registration. We will contact you when any fees are due.

What you need to tell us

You must use the SC3 form to tell us about any changes to registered managers.

You can find further information about changes to registered children’s social care services.

Conditions of registration

Conditions of registration describe the services that the adoption support agency is registered to provide, for example:

  • birth records counselling only
  • intermediary services only
  • both birth records counselling and intermediary services

They will also set out who you can provide services for.

After registration, you will receive a certificate that details the conditions of your registration. It is an offence not to follow these. The social care enforcement policy sets out information about actions we may take if you do not follow your conditions.

If we grant registration with conditions that you have not agreed, you may object by making a ‘written representation’ to us. For information on this, see the social care enforcement policy.

Once registered, you will need to apply for a variation to your conditions of registration if you intend to provide other services.

Inspections

We inspect adoption support agencies as set out in the social care common inspection framework.

We normally inspect all adoption support agencies for the first time between 7 and 12 months from the date of registration. After this, your inspections will take place within a 3-year window.

Complaints and concerns

We may receive complaints or concerns about an adoption support agency. We will take these seriously and we may take actions as a result, as set out in our guidance about social care concerns.

There is also guidance on how we respond to concerns in our social care enforcement policy.

Enforcement

Our social care enforcement policy provides more information about what will happen if you do not meet the relevant regulations.

List of regulations

General legislation

Adoption legislation

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