Adoption and Children Act 2002 (c. 38)

(The document as of February, 2008)

-- Back --

Page 7

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11

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

(b) the circumstances fall within a prescribed description,

the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review.

(7) The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.

(8) The regulations may in particular make provision--

(a) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;

(b) about the way in which a plan is to be prepared;

(c) about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed;

(d) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;

(e) as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);

(f) as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);

(g) as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority's area;

(h) as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person.

(9) A local authority may provide special guardianship support services (or any part of them) by securing their provision by--

(a) another local authority; or

(b) a person within a description prescribed in regulations of persons who may provide special guardianship support services,

and may also arrange with any such authority or person for that other authority or that person to carry out the local authority's functions in relation to assessments under this section.

(10) A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.

(11) Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority under this section as it applies in relation to the exercise of functions of a local authority under Part 3.

14G Special guardianship support services: representations

(1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him.

(2) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).

(3) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection. "

(2) The 1989 Act is amended as follows.

(3) In section 1 (welfare of the child), in subsection (4)(b), after "discharge" there is inserted "a special guardianship order or".

(4) In section 5 (appointment of guardians)--

(a) in subsection (1)--

(i) in paragraph (b), for "or guardian" there is substituted ", guardian or special guardian", and

(ii) at the end of paragraph (b) there is inserted " ; or

(b) in subsection (4), at the end there is inserted "; and a special guardian of a child may appoint another individual to be the child's guardian in the event of his death", and

(c) in subsection (7), at the end of paragraph (b) there is inserted "or he was the child's only (or last surviving) special guardian".

116 Accommodation of children in need etc.

(1) In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after "include" there is inserted "providing accommodation and".

(2) In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before "23B" there is inserted "17".

(3) In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for "or, in exceptional circumstances, cash" there is substituted " and, in exceptional circumstances, assistance may be given--

(a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b) in cash " .

117 Inquiries by local authorities into representations

(1) In section 24D of the 1989 Act (representations: sections 23A to 24B), after subsection (1) there is inserted--

" (1A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1). "

(2) Section 26 of that Act (procedure for considering other representations) is amended as follows.

(3) In subsection (3) (which makes provision as to the persons by whom, and the matters in respect of which, representations may be made), for "functions under this Part" there is substituted "qualifying functions".

(4) After that subsection there is inserted--

" (3A) The following are qualifying functions for the purposes of subsection (3)--

(a) functions under this Part,

(b) such functions under Part 4 or 5 as are specified by the Secretary of State in regulations.

(3B) The duty under subsection (3) extends to representations (including complaints) made to the authority by--

(a) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

(b) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations. "

(5) In subsection (4) (procedure to require involvement of independent person), after paragraph (b) there is inserted--

" but this subsection is subject to subsection (5A). "

(6) After that subsection there is inserted--

" (4A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section. "

(7) After subsection (5) there is inserted--

" (5A) Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations. "

118 Review of cases of looked after children

(1) In section 26 of the 1989 Act (review of cases of looked after children, etc.), in subsection (2) (regulations as to reviews)--

(a) in paragraph (e), "to consider" is omitted and after "their care" there is inserted--

" (i) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

(ii) to consider " ,

(b) in paragraph (f), "to consider" is omitted and after the second mention of "the authority" there is inserted--

" (i) if there is no plan for the future care of the child, to prepare one,

(ii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

(iii) to consider " ,

" (k) for the authority to appoint a person in respect of each case to carry out in the prescribed manner the functions mentioned in subsection (2A) and any prescribed function " .

(2) After that subsection there is inserted--

" (2A) The functions referred to in subsection (2)(k) are--

(a) participating in the review of the case in question,

(b) monitoring the performance of the authority's functions in respect of the review,

(c) referring the case to an officer of the Children and Family Court Advisory and Support Service, if the person appointed under subsection (2)(k) considers it appropriate to do so.

(2B) A person appointed under subsection (2)(k) must be a person of a prescribed description.

(2C) In relation to children whose cases are referred to officers under subsection (2A)(c), the Lord Chancellor may by regulations--

(a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings,

(b) require any functions of the officers to be performed in the manner prescribed by the regulations. "

119 Advocacy services

After section 26 of the 1989 Act there is inserted--

" 26A Advocacy services

(1) Every local authority shall make arrangements for the provision of assistance to--

(a) persons who make or intend to make representations under section 24D; and

(b) children who make or intend to make representations under section 26.

(2) The assistance provided under the arrangements shall include assistance by way of representation.

(3) The arrangements--

(a) shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and

(b) shall comply with any other provision made by the regulations in relation to the arrangements.

(4) The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).

(5) Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate. "

120 Meaning of "harm" in the 1989 Act

In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of "harm" in subsection (9) there is inserted "including, for example, impairment suffered from seeing or hearing the ill-treatment of another".

121 Care plans

(1) In section 31 of the 1989 Act (care and supervision orders), after subsection (3) there is inserted--

" (3A) No care order may be made with respect to a child until the court has considered a section 31A plan. "

(2) After that section there is inserted--

" 31A Care orders: care plans

(1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan ("a care plan") for the future care of the child.

(2) While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.

(3) A care plan must give any prescribed information and do so in the prescribed manner.

(4) For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.

(5) In section 31(3A) and this section, references to a care order do not include an interim care order.

(6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a "section 31A plan". "

(3) If--

(a) before subsection (2) comes into force, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the local authority designated in the order, and

(b) on the day on which that subsection comes into force the order is in force, or would be in force but for section 29(1) of this Act,

the plan is to have effect as if made under section 31A of the 1989 Act.

122 Interests of children in proceedings

(1) In section 41 of the 1989 Act (specified proceedings)--

(a) in subsection (6), after paragraph (h) there is inserted--

" (hh) on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002); " ,

(b) after that subsection there is inserted--

" (6A) The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order. "

(2) In section 93 of the 1989 Act (rules of court), in subsection (2), after paragraph (b) there is inserted--

" (bb) for children to be separately represented in relevant proceedings, " .

Part 3 Miscellaneous and final provisions

Chapter 1 Miscellaneous

Advertisements in the United Kingdom

123 Restriction on advertisements etc.

(1) A person must not--

(a) publish or distribute an advertisement or information to which this section applies, or

(b) cause such an advertisement or information to be published or distributed.

(2) This section applies to an advertisement indicating that--

(a) the parent or guardian of a child wants the child to be adopted,

(b) a person wants to adopt a child,

(c) a person other than an adoption agency is willing to take any step mentioned in paragraphs (a) to (e), (g) and (h) and (so far as relating to those paragraphs) (i) of section 92(2),

(d) a person other than an adoption agency is willing to receive a child handed over to him with a view to the child's adoption by him or another, or

(e) a person is willing to remove a child from the United Kingdom for the purposes of adoption.

(3) This section applies to--

(a) information about how to do anything which, if done, would constitute an offence under section 85 or 93, section 11 or 50 of the Adoption (Scotland) Act 1978 (c. 28) or Article 11 or 58 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (whether or not the information includes a warning that doing the thing in question may constitute an offence),

(b) information about a particular child as a child available for adoption.

(4) For the purposes of this section and section 124--

(a) publishing or distributing an advertisement or information means publishing it or distributing it to the public and includes doing so by electronic means (for example, by means of the internet),

(b) the public includes selected members of the public as well as the public generally or any section of the public.

(5) Subsection (1) does not apply to publication or distribution by or on behalf of an adoption agency.

(6) The Secretary of State may by order make any amendments of this section which he considers necessary or expedient in consequence of any developments in technology relating to publishing or distributing advertisements or other information by electronic or electro-magnetic means.

(7) References to an adoption agency in this section include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances.

"Prescribed" means prescribed by regulations made by the Secretary of State.

(8) Before exercising the power conferred by subsection (6) or (7), the Secretary of State must consult the Scottish Ministers, the Department of Health, Social Services and Public Safety and the Assembly.

(9) In this section--

(a) "adoption agency" includes a Scottish or Northern Irish adoption agency,

(b) references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.

124 Offence of breaching restriction under section 123

(1) A person who contravenes section 123(1) is guilty of an offence.

(2) A person is not guilty of an offence under this section unless it is proved that he knew or had reason to suspect that section 123 applied to the advertisement or information.

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

(3) A person guilty of an offence under this section is 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.

Adoption and Children Act Register

125 Adoption and Children Act Register

(1) Her Majesty may by Order in Council make provision for the Secretary of State to establish and maintain a register, to be called the Adoption and Children Act Register, containing--

(a) prescribed information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child,

(b) prescribed information about persons included in the register in pursuance of paragraph (a) in respect of things occurring after their inclusion.

(2) For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, an Order under this section may--

(a) provide for the register to contain information about such persons and the children who may be placed with them, and

(b) apply any of the other provisions of this group of sections (that is, this section and sections 126 to 131), with or without modifications.

(3) The register is not to be open to public inspection or search.

(4) An Order under this section may make provision about the retention of information in the register.

(5) Information is to be kept in the register in any form the Secretary of State considers appropriate.

126 Use of an organisation to establish the register

(1) The Secretary of State may make an arrangement with an organisation under which any function of his under an Order under section 125 of establishing and maintaining the register, and disclosing information entered in, or compiled from information entered in, the register to any person is performed wholly or partly by the organisation on his behalf.

(2) The arrangement may include provision for payments to be made to the organisation by the Secretary of State.

(3) If the Secretary of State makes an arrangement under this section with an organisation, the organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State and the directions may be of general application (or general application in any part of Great Britain) or be special directions.

(4) An exercise of the Secretary of State's powers under subsection (1) or (3) requires the agreement of the Scottish Ministers (if the register applies to Scotland) and of the Assembly (if the register applies to Wales).

(5) References in this group of sections to the registration organisation are to any organisation for the time being performing functions in respect of the register by virtue of arrangements under this section.

127 Use of an organisation as agency for payments

(1) An Order under section 125 may authorise an organisation with which an arrangement is made under section 126 to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.

(2) The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State; and the directions may be of general application (or general application in any part of Great Britain) or be special directions.

(3) An exercise of the Secretary of State's power to give directions under subsection (2) requires the agreement of the Scottish Ministers (if any payment agency provision applies to Scotland) and of the Assembly (if any payment agency provision applies to Wales).

128 Supply of information for the register

(1) An Order under section 125 may require adoption agencies to give prescribed information to the Secretary of State or the registration organisation for entry in the register.

(2) Information is to be given to the Secretary of State or the registration organisation when required by the Order and in the prescribed form and manner.

(3) An Order under section 125 may require an agency giving information which is entered on the register to pay a prescribed fee to the Secretary of State or the registration organisation.

(4) But an adoption agency is not to disclose any information to the Secretary of State or the registration organisation--

(a) about prospective adopters who are suitable to adopt a child, or persons who were included in the register as such prospective adopters, without their consent,

(b) about children suitable for adoption, or persons who were included in the register as such children, without the consent of the prescribed person.

(5) Consent under subsection (4) is to be given in the prescribed form.

129 Disclosure of information

(1) Information entered in the register, or compiled from information entered in the register, may only be disclosed under subsection (2) or (3).

(2) Prescribed information entered in the register may be disclosed by the Secretary of State or the registration organisation--

(a) where an adoption agency is acting on behalf of a child who is suitable for adoption, to the agency to assist in finding prospective adopters with whom it would be appropriate for the child to be placed,

(b) where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to the agency to assist in finding a child appropriate for adoption by them.

(3) Prescribed information entered in the register, or compiled from information entered in the register, may be disclosed by the Secretary of State or the registration organisation to any prescribed person for use for statistical or research purposes, or for other prescribed purposes.

(4) An Order under section 125 may prescribe the steps to be taken by adoption agencies in respect of information received by them by virtue of subsection (2).

(5) Subsection (1) does not apply --

(a) to a disclosure of information with the authority of the Secretary of State, or

(b) to a disclosure by the registration organisation of prescribed information to the Scottish Ministers (if the register applies to Scotland) or the Assembly (if the register applies to Wales).

(6) Information disclosed to any person under subsection (2) or (3) may be given on any prescribed terms or conditions.

(7) An Order under section 125 may, in prescribed circumstances, require a prescribed fee to be paid to the Secretary of State or the registration organisation--

(a) by a prescribed adoption agency in respect of information disclosed under subsection (2), or

(b) by a person to whom information is disclosed under subsection (3).

(8) If any information entered in the register is disclosed to a person in contravention of subsection (1), the person disclosing it is guilty of an offence.

(9) A person guilty of an offence under subsection (8) is 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.

130 Territorial application

(1) In this group of sections, "adoption agency" means--

(a) a local authority in England,

(b) a registered adoption society whose principal office is in England.

(2) An Order under section 125 may provide for any requirements imposed on adoption agencies in respect of the register to apply--

(a) to Scottish local authorities and to voluntary organisations providing a registered adoption service,

(b) to local authorities in Wales and to registered adoption societies whose principal offices are in Wales,

and, in relation to the register, references to adoption agencies in this group of sections include any authorities or societies mentioned in paragraphs (a) and (b) to which an Order under that section applies those requirements.

(3) For the purposes of this group of sections, references to the register applying to Scotland or Wales are to those requirements applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (2).

(4) An Order under section 125 may apply any provision made by virtue of section 127--

(a) to Scottish local authorities and to voluntary organisations providing a registered adoption service,

(b) to local authorities in Wales and to registered adoption societies whose principal offices are in Wales.

(5) For the purposes of this group of sections, references to any payment agency provision applying to Scotland or Wales are to provision made by virtue of section 127 applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (4).

131 Supplementary

(1) In this group of sections--

(a) "organisation" includes a public body and a private or voluntary organisation,

(b) "prescribed" means prescribed by an Order under section 125,

(d) "Scottish local authority" means a local authority within the meaning of the Regulation of Care (Scotland) Act 2001 (asp 4),

(e) "voluntary organisation providing a registered adoption service" has the same meaning as in section 144(3).

(2) For the purposes of this group of sections--

(a) a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption,

(b) prospective adopters are suitable to adopt a child if an adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

(3) Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 93, 94 or 95.

(4) No recommendation to make an Order under section 125 is to be made to Her Majesty in Council unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) If any provision made by an Order under section 125 would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation to make the Order is to be made to Her Majesty in Council unless a draft has been laid before, and approved by resolution of, the Parliament.

(6) No recommendation to make an Order under section 125 containing any provision in respect of the register is to be made to Her Majesty in Council if the register applies to Wales or the Order would provide for the register to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly.

(7) No recommendation to make an Order under section 125 containing any provision by virtue of section 127 is to be made to Her Majesty in Council if any payment agency provision applies to Wales or the Order would provide for any payment agency provision to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly.

Other miscellaneous provisions

132 Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act

After section 29 of the Adoption (Scotland) Act 1978 (c. 28) there is inserted--

" 29A Contravention of sections 30 to 36 of Adoption and Children Act 2002

(1) A person who contravenes any of the enactments specified in subsection (2) 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.

(2) Those enactments are--

(a) section 30(1), (2) and (3) (removal of child placed or who may be placed for adoption),

(b) sections 32(2)(b), 33(2) and 35(2) (return of child by prospective adopters),

(d) section 36(1) (removal of child in non-agency case), and

(e) section 36(5) (return of child to parent or guardian),

of the Adoption and Children Act 2002. "

133 Scottish restriction on bringing children into or out of United Kingdom

(1) In section 50 of the Adoption (Scotland) Act 1978 (restriction on removal of children for adoption outside Great Britain)--

(a) in subsection (1), "not being a parent or guardian or relative of the child" is omitted,

(b) after subsection (3) there is inserted--

" (4) The Scottish Ministers may by regulations provide for subsection (1) to apply with modifications, or not to apply, if--

(a) the prospective adopters are parents, relatives or guardians of the child (or one of them is), or

(b) the prospective adopter is a step-parent of the child,

and any conditions prescribed by the regulations are met.

(5) On the occasion of the first exercise of the power to make regulations under subsection (4)--

(a) the regulations shall not be made unless a draft of the regulations has been approved by a resolution of the Scottish Parliament, and

(b) accordingly section 60(2) does not apply to the statutory instrument containing the regulations. "

(2) For section 50A of that Act (restriction on bringing children into the United Kingdom for adoption) there is substituted--

" 50A Restriction on bringing children into the United Kingdom

(1) This section applies where a person who is habitually resident in the British Islands (the "British resident")--

(a) brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident; or

(b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of six months ending with that time.

(2) In subsection (1) above the references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11

-- Back --

Stat