OpenLegislation

Regulation 4 Search and inspection of the register by prospective adopters

Original text. Later amendments are not shown.

(1)

This regulation applies where—

(a)

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

(b)

the Secretary of State is satisfied that P has not on any occasion failed to comply with any of the requirements set out in regulation 5.

(2)

The Secretary of State must make available the information specified in paragraph (5) held in Part 1 of the registerf1 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(4) 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 Act (including those relating to C’s health) and any adoption support servicesf4 being provided by the local authority or that the local authority has agreed to provide; and

(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.

(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

Footnotes

f1

See section 125 of the Adoption and Children Act 2002 for the definition of “the register”.

f2

S.I. 2005/389. Section 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 the Children and Families Act 2014 (c.6).

f4

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