Regulation 2 Amendment of the Adoption Agencies Regulations 1983
The Adoption Agencies Regulations 1983f1 are amended in accordance with the following provisions of this regulation.
In regulation 1 (interpretation), at the end of paragraph (3) insert—
““specified offence” means an offence specified in Schedule 2.”.
In regulation 8 (adoption agency’s duties in respect of a prospective adopter), in paragraph (2)—
after “procedures referred to in paragraph (1)” insert “and subject to regulation 8A”;
in sub-paragraph (a) after “by virtue of this regulation” insert “and regulation 8A”; and
in sub-paragraph (h) after “within 28 days” insert “beginning with the date on which the notification was sent,”.
After regulation 8 insert the following new regulation—
“Criminal convictions of a prospective adopter
8A(1)An adoption agency shall, so far as practicable, take steps to obtain information about any previous criminal convictions and any cautions given by a constable in respect of criminal offences which relate to a prospective adopter and other members of his household over the age of 18 when considering under regulation 8(1) whether a person may be suitable to be an adoptive parent.
(2)An adoption agency shall not consider a person to be suitable to be an adoptive parent or, as the case may be, shall consider a person no longer to be suitable, if he or any member of his household over the age of 18—
(a)has been convicted of a specified offence; or
(b)has been cautioned by a constable in respect of a specified offence which, at the time the caution was given, he admitted.
(3)The adoption agency shall notify a prospective adopter in writing as soon as possible after becoming aware that, by virtue of paragraph (2), he is not (or, as the case may be, is no longer) considered suitable to be an adoptive parent and the notification shall specify the conviction or, as the case may be, the caution in question.”
In regulation 11A (adoption agency decisions and notifications— prospective adopters) in paragraph (4), at the beginning insert “Except in a case where paragraph (2) of regulation 8A applies,”.
In regulation 12 (placement for adoption) in paragraph (2)(e) at the beginning insert “Subject to regulation 8A,”.
In regulation 14 (confidentiality and preservation of court records), in paragraph (4)—
after “paragraphs (2) and (3)” insert “is suitable to”; and
for “etc” substitute “(together with any indices not part of the records)”.
After regulation 17 insert the following new regulation—
“Local authority reports in non agency cases
17AA local authority which is required by section 22(2) of the Act to investigate an application for an adoption order in respect of a child who was not placed with the applicant by an adoption agency shall, so far as practicable, take steps to obtain information about any previous criminal convictions and any cautions given by a constable in respect of criminal offences which relate to the applicant and other members of his household over the age of 18.”.
After the Schedule insert as Schedule 2 the Schedule to these Regulations.