OpenLegislation

Regulation 4 Search and inspection of the register by prospective adoptersI1

England and Wales

(1)

This regulation applies where—

(a)

P has provided written confirmation to the Secretary of State that P undertakes to comply with the requirements set out in regulation 5; and

(b)

the Secretary of State is satisfied that P—

(i)

has not on any occasion failed to comply with any of the requirements set out in regulation 5; and

(ii)

had not on any occasion failed to comply with any of the requirements that were set out in regulation 5 of the Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014f1.

(2)

The Secretary of State must make available the information specified in paragraph (5) held in Part 1 of the register for search and inspection by P for the purpose of assisting P to find a child for whom P would be an appropriate adopter.

(3)

The Secretary of State must make available the information specified in paragraph (5) held in Part 2 of the register for search and inspection by P for the purpose of assisting P to find a child for whom P would be an appropriate adopter where—

(a)

P has obtained written confirmation from the appropriate adoption agency that P is willing to have placed with them a child for whom a local authority in England is considering adoption; and

(b)

P has provided that written confirmation to the Secretary of State.

(4)

In paragraph (3)(a)—

(a)

“appropriate adoption agency” means the adoption agency that approved P as suitable to adopt a child under regulation 30B of the Adoption Agencies Regulations 2005f2; and

(b)

“placed” means placed under section 22C of the Children Act 1989f3 with a local authority foster parent who is also an approved prospective adopter following consideration under section 22C(9B)(c) of that Act.

(5)

The specified information is—

(a)

C’s date of birth;

(b)

C’s gender;

(c)

C’s nationality;

(d)

C’s racial origin;

(e)

the local authority area in which C lives;

(f)

C’s first language and details of any other languages spoken;

(g)

C’s religious persuasion, if any, (including details of any baptism, confirmation or equivalent ceremonies) and whether C practises their religion;

(h)

whether the adoption agency intends to place C for adoption with C’s siblings and if so how many and the date of birth of each sibling;

(i)

C’s state of health including C’s physical, emotional and mental health and any anticipated future problems;

(j)

details of any adoption support needs that C has been assessed as having under section 4 of the Actf4 (including those relating to C’s health) and any adoption support servicesf5 being provided by the local authority or that the local authority has agree to provide; F1...

(k)

where available—

(i)

any photographs or video recordings of C; and

(ii)

any letters written by C provided that—

(aa)

any identifying information about C or C’s siblings not specified in paragraphs (a) to (j) above is removed; and

(bb)

any identifying information about any other person is removed;

F2(l)

C’s first name;

(m)

details of any geographical considerations in relation to C’s placement; and

(n)

C’s health history including C’s family health history where available.

(6)

In paragraph (5)—

(a)

“identifying information” about a person means information which, whether taken on its own or together with other information disclosed by the Secretary of State, identifies the person or enables the person to be identified; and

(b)

“video recording” means a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image.

Annotations

Textual amendments

F1

Word in reg. 4(5)(j) omitted (4.10.2018) by virtue of The Adoption and Children Act Register (Search and Inspection) (Amendment) Regulations 2018 (S.I. 2018/993), regs. 1, 2(2)(a)

F2

Reg. 4(5)(l)-(n) inserted (4.10.2018) by The Adoption and Children Act Register (Search and Inspection) (Amendment) Regulations 2018 (S.I. 2018/993), regs. 1, 2(2)(b)

Commencement

I1

Reg. 4 in force at 2.11.2017, see reg. 1

Footnotes

f1

S.I. 2014/1957, which is revoked by these Regulations.

f2

S.I. 2005/389. Regulation 30B was inserted by regulation 5 of the Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985).

f3

1989 c. 41. Section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c. 23) and amended by section 2 of, and paragraph 29 of Schedule 2 to, the 2014 Act and S.I. 2016/413.

f4

Section 4 was amended by paragraphs 104 and 105 of Schedule 5 to the Health and Social Care Act 2012 (c. 7) and S.I. 2010/1158.

f5

See section 2(6) of the 2002 Act for the definition of “adoption support services”.