Adoption and Children Act 2002 (c. 38)

(The document as of February, 2008)

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(1) Regulations under section 9 may make provision for the purpose of--

(a) assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption, and

(b) facilitating contact between such persons and their relatives.

(2) For that purpose the regulations may confer functions on--

(a) registered adoption support agencies,

(b) the Registrar General,

(3) For that purpose the regulations may--

(a) authorise or require any person mentioned in subsection (2) to disclose information,

(b) authorise or require the disclosure of information contained in records kept under section 8 of the Public Records Act 1958 (c. 51) (court records),

and may impose conditions on the disclosure of information, including conditions restricting its further disclosure.

(4) The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (2) or in respect of the disclosure of information under subsection (3)(b).

(5) An authorisation or requirement to disclose information by virtue of subsection (3)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.

(6) The making of regulations by virtue of subsections (2) to (4) which relate to the Registrar General requires the approval of the Chancellor of the Exchequer.

(7) In this section--

"appointed day" means the day appointed for the commencement of sections 56 to 65,
"registered adoption support agency" means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14),
"relative", in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) or marriage.

Proceedings

99 Proceedings for offences

Proceedings for an offence by virtue of section 9 or 59 may not, without the written consent of the Attorney General, be taken by any person other than the National Care Standards Commission or the Assembly.

100 Appeals

In section 94 of the 1989 Act (appeals under that Act), in subsections (1)(a) and (2), after "this Act" there is inserted "or the Adoption and Children Act 2002".

101 Privacy

(1) Proceedings under this Act in the High Court or a County Court may be heard and determined in private.

(2) In section 12 of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), in subsection (1)(a)(ii), after "1989" there is inserted "or the Adoption and Children Act 2002".

(3) In section 97 of the 1989 Act (privacy for children involved in certain proceedings), after "this Act" in subsections (1) and (2) there is inserted "or the Adoption and Children Act 2002".

The Children and Family Court Advisory and Support Service

102 Officers of the Service

(1) For the purposes of--

(a) any relevant application,

(b) the signification by any person of any consent to placement or adoption,

rules must provide for the appointment in prescribed cases of an officer of the Children and Family Court Advisory and Support Service ("the Service").

(2) The rules may provide for the appointment of such an officer in other circumstances in which it appears to the Lord Chancellor to be necessary or expedient to do so.

(3) The rules may provide for the officer--

(a) to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner,

(b) where the court so requests, to prepare a report on matters relating to the welfare of the child in question,

(d) to perform prescribed functions.

(4) A report prepared in pursuance of the rules on matters relating to the welfare of a child must--

(a) deal with prescribed matters (unless the court orders otherwise), and

(b) be made in the manner required by the court.

(5) A person who--

(a) in the case of an application for the making, varying or revocation of a placement order, is employed by the local authority which made the application,

(b) in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed him, or

is not to be appointed under subsection (1) or (2).

(6) In this section, "relevant application" means an application for--

(a) the making, varying or revocation of a placement order,

(b) the making of an order under section 26, or the varying or revocation of such an order,

(d) the making of an order under section 84.

(7) Rules may make provision as to the assistance which the court may require an officer of the Service to give to it.

103 Right of officers of the Service to have access to adoption agency records

(1) Where an officer of the Service has been appointed to act under section 102(1), he has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.

(2) Where an officer of the Service takes a copy of any record which he is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any--

(a) report which he makes to the court in the proceedings in question, or

(b) evidence which he gives in those proceedings.

(3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

Evidence

104 Evidence of consent

(1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.

(2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Scotland, Northern Ireland and the Islands

105 Effect of certain Scottish orders and provisions

(1) A Scottish adoption order or an order under section 25 of the Adoption (Scotland) Act 1978 (c. 28) (interim adoption orders) has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

(2) An order made under section 18 of the Adoption (Scotland) Act 1978 (freeing orders), and the revocation or variation of such an order under section 20 or 21 of that Act, have effect in England and Wales as they have effect in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

(3) Any person who--

(a) contravenes section 27(1) of that Act (removal where adoption agreed etc.), or

(b) contravenes section 28(1) or (2) of that Act (removal where applicant provided home),

is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(4) Orders made under section 29 of that Act (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.

106 Effect of certain Northern Irish orders and provisions

(1) A Northern Irish adoption order or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (interim orders) has effect in England and Wales as it has in Northern Ireland.

(2) An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21 of that Order, have effect in England and Wales as they have in Northern Ireland.

(3) Any person who--

(a) contravenes Article 28(1) or (2) of the Adoption (Northern Ireland) Order 1987 (removal where adoption agreed etc.), or

(b) contravenes Article 29(1) or (2) of that Order (removal where applicant provided home),

is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

(4) Orders made under Article 30 of that Order (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.

107 Use of adoption records from other parts of the British Islands

Any document which is receivable as evidence of any matter--

(a) in Scotland under section 45(2) of the Adoption (Scotland) Act 1978 (c. 28),

(b) in Northern Ireland under Article 63(1) of the Adoption (Northern Ireland) Order 1987, or

is also receivable as evidence of that matter in England and Wales.

108 Channel Islands and the Isle of Man

(1) Regulations may provide--

(a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,

(b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,

(c) for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,

(d) for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.

(2) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.

(3) In this section, "regulations" means regulations made by the Secretary of State after consultation with the Assembly.

General

109 Avoiding delay

(1) In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any rules made by virtue of subsection (2))--

(a) draw up a timetable with a view to determining such a question without delay, and

(b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.

(2) Rules may--

(a) prescribe periods within which prescribed steps must be taken in relation to such proceedings, and

(b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.

110 Service of notices etc.

Any notice or information required to be given by virtue of this Act may be given by post.

Part 2 Amendments of the Children Act 1989

111 Parental responsibility of unmarried father

(1) Section 4 of the 1989 Act (acquisition of responsibility by the father of a child who is not married to the child's mother) is amended as follows.

(2) In subsection (1) (cases where parental responsibility is acquired), for the words after "birth" there is substituted " , the father shall acquire parental responsibility for the child if--

(a) he becomes registered as the child's father under any of the enactments specified in subsection (1A);

(b) he and the child's mother make an agreement (a "parental responsibility agreement") providing for him to have parental responsibility for the child; or

(3) After that subsection there is inserted--

" (1A) The enactments referred to in subsection (1)(a) are--

(a) paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;

(b) paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c) sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(1B) The Lord Chancellor may by order amend subsection (1A) so as to add further enactments to the list in that subsection. "

(4) For subsection (3) there is substituted--

" (2A) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(3) The court may make an order under subsection (2A) on the application--

(a) of any person who has parental responsibility for the child; or

(b) with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4). "

(5) Accordingly, in section 2(2) of the 1989 Act (a father of a child who is not married to the child's mother shall not have parental responsibility for the child unless he acquires it in accordance with the provisions of the Act), for the words from "shall not" to "acquires it" there is substituted "shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)".

(6) In section 104 of the 1989 Act (regulations and orders)--

(a) in subsection (2), after "section" there is inserted "4(1B),", and

(b) in subsection (3), after "section" there is inserted "4(1B) or".

(7) Paragraph (a) of section 4(1) of the 1989 Act, as substituted by subsection (2) of this section, does not confer parental responsibility on a man who was registered under an enactment referred to in paragraph (a), (b) or (c) of section 4(1A) of that Act, as inserted by subsection (3) of this section, before the commencement of subsection (3) in relation to that paragraph.

112 Acquisition of parental responsibility by step-parent

After section 4 of the 1989 Act there is inserted--

" 4A Acquisition of parental responsibility by step-parent

(1) Where a child's parent ("parent A") who has parental responsibility for the child is married to a person who is not the child's parent ("the step-parent")--

(a) parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or

(b) the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.

(2) An agreement under subsection (1)(a) is also a "parental responsibility agreement", and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.

(3) A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application--

(a) of any person who has parental responsibility for the child; or

(b) with the leave of the court, of the child himself.

(4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application. "

113 Section 8 orders: local authority foster parents

In section 9 of the 1989 Act (restrictions on making section 8 orders)--

(a) in subsection (3)(c), for "three years" there is substituted "one year", and

(b) subsection (4) is omitted.

114 Residence orders: extension to age of 18

(1) In section 12 of the 1989 Act (residence orders and parental responsibility), after subsection (4) there is inserted--

" (5) The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly.

(6) Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave " .

(2) In section 9 of that Act (restrictions on making section 8 orders), at the beginning of subsection (6) there is inserted "Subject to section 12(5)".

(3) In section 91 of that Act (effect and duration of orders), in subsection (10), after "9(6)" there is inserted "or 12(5)".

115 Special guardianship

(1) After section 14 of the 1989 Act there is inserted--

" Special guardianship

14A Special guardianship orders

(1) A "special guardianship order" is an order appointing one or more individuals to be a child's "special guardian" (or special guardians).

(2) A special guardian--

(a) must be aged eighteen or over; and

(b) must not be a parent of the child in question,

and subsections (3) to (6) are to be read in that light.

(3) The court may make a special guardianship order with respect to any child on the application of an individual who--

(a) is entitled to make such an application with respect to the child; or

(b) has obtained the leave of the court to make the application,

or on the joint application of more than one such individual.

(4) Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order.

(5) The individuals who are entitled to apply for a special guardianship order with respect to a child are--

(a) any guardian of the child;

(b) any individual in whose favour a residence order is in force with respect to the child;

(d) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.

(6) The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if--

(a) an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or

(b) the court considers that a special guardianship order should be made even though no such application has been made.

(7) No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application--

(a) if the child in question is being looked after by a local authority, to that local authority, or

(b) otherwise, to the local authority in whose area the individual is ordinarily resident.

(8) On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with--

(a) the suitability of the applicant to be a special guardian;

(b) such matters (if any) as may be prescribed by the Secretary of State; and

(9) The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so.

(10) The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9).

(11) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).

(12) Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.

(13) This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.

14B Special guardianship orders: making

(1) Before making a special guardianship order, the court must consider whether, if the order were made--

(a) a contact order should also be made with respect to the child, and

(b) any section 8 order in force with respect to the child should be varied or discharged.

(2) On making a special guardianship order, the court may also--

(a) give leave for the child to be known by a new surname;

(b) grant the leave required by section 14C(3)(b), either generally or for specified purposes.

14C Special guardianship orders: effect

(1) The effect of a special guardianship order is that while the order remains in force--

(a) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and

(b) subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).

(2) Subsection (1) does not affect--

(a) the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or

(b) any rights which a parent of the child has in relation to the child's adoption or placement for adoption.

(3) While a special guardianship order is in force with respect to a child, no person may--

(a) cause the child to be known by a new surname; or

(b) remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(4) Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.

(5) If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to--

(a) each parent of the child with parental responsibility; and

(b) each guardian of the child,

but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.

(6) This section is subject to section 29(7) of the Adoption and Children Act 2002.

14D Special guardianship orders: variation and discharge

(1) The court may vary or discharge a special guardianship order on the application of--

(a) the special guardian (or any of them, if there are more than one);

(b) any parent or guardian of the child concerned;

(d) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;

(e) the child himself; or

(f) a local authority designated in a care order with respect to the child.

(2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1).

(3) The following must obtain the leave of the court before making an application under subsection (1)--

(a) the child;

(b) any parent or guardian of his;

(d) any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.

(4) Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1).

(5) The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.

14E Special guardianship orders: supplementary

(1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any rules made by virtue of subsection (3))--

(a) draw up a timetable with a view to determining the question without delay; and

(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.

(2) Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises.

(3) The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that.

(4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period.

(5) Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders.

14F Special guardianship support services

(1) Each local authority must make arrangements for the provision within their area of special guardianship support services, which means--

(a) counselling, advice and information; and

(b) such other services as are prescribed,

in relation to special guardianship.

(2) The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.

(3) At the request of any of the following persons--

(a) a child with respect to whom a special guardianship order is in force;

(b) a special guardian;

(d) any other person who falls within a prescribed description,

a local authority may carry out an assessment of that person's needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

(4) A local authority may, at the request of any other person, carry out an assessment of that person's needs for special guardianship support services.

(5) Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.

(6) If--

(a) a local authority decide to provide any special guardianship support services to a person, and

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