My Lords, the Adoption and Children Act 2002 provides that only a person within a prescribed description can prepare a report on the suitability of a child for adoption or a person suitable to adopt a child. The Restriction on the Preparation of Adoption Reports Regulations 2005 prescribe, for the purposes of the 2002 Act, those persons who can prepare adoption reports and in what circumstances. Those persons are social workers employed by, or acting on behalf of, an adoption agency or a person who is participating in a social work course and is employed by, or placed with, an adoption agency as part of that course, subject to certain conditions.
This draft statutory instrument will make consequential amendments to the descriptions of persons who can prepare reports and update the references to the register of social workers in England and Wales. These changes are purely consequential in nature and do not provide for any new categories of persons who are able to prepare adoption reports. Given the consequential and technical nature of these amendments, no impact assessment has been prepared.
The Health and Social Care Act 2012 requires all social workers in England to be registered with the Health and Care Professions Council—the HCPC—and the Regulation and Inspection of Social Care (Wales) Act 2016 now provides for the keeping of a register of social workers in Wales. This statutory instrument will bring the 2005 regulations up to date by amending the references to the regulators in line with these two Acts. Although the Welsh Government would have been able to amend the 2005 regulations to update the references relating to Wales, they would not have been able to make the amendments relating to England using the powers in their 2016 Act. With support from the Welsh Government, it made sense for the department to make all the necessary changes in this set of amending regulations.
We of course have ambitious plans for a new social work regulator in England: Social Work England. This is a fundamental part of our social work reform programme, which will develop an in-depth understanding of the profession and set profession-specific standards that clarify expectations about the knowledge, skills, values and behaviours required to become and remain registered as a social worker in England.
We will have to amend these regulations again when Social Work England takes over as the regulator. However, it is important that we make these amendments now to ensure that the 2005 regulations continue to operate effectively and without confusion in both England and Wales. I beg to move that these regulations be approved.