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The Scotland’s Adoption Register Regulations 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111030882

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 117(5) of the Adoption and Children (Scotland) Act 2007, for approval by the Scottish Parliament.

Children And Young Persons

Made 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13A(2)f1 of the Adoption and Children (Scotland) Act 2007f2 and all other powers enabling them to do so.

In accordance with section 117(5) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

Section 13A was inserted by section 75 of the Children and Young People (Scotland) Act 2014 (asp 8).

f2

2007 asp 4 (“the Act”).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Information to be included in Register
  4. 4Information about children to be provided for inclusion in Register
  5. 5Information about prospective adopters to be provided for inclusion in Register
  6. 6Retention of information
  7. 7Disclosure of information
  8. Signature
  9. Schedule 1: Information about children who ought to be placed for adoption
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Paragraph 5
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. 20Paragraph 20
  30. 21Paragraph 21
  31. 22Paragraph 22
  32. 23Paragraph 23
  33. Schedule 2: Information about prospective adopters
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4
  38. 5Paragraph 5
  39. 6Paragraph 6
  40. 7Paragraph 7
  41. 8Paragraph 8
  42. 9Paragraph 9
  43. 10Paragraph 10
  44. 11Paragraph 11
  45. 12Paragraph 12
  46. 13Paragraph 13
  47. 14Paragraph 14
  48. 15Paragraph 15
  49. 16Paragraph 16
  50. 17Paragraph 17
  51. 18Paragraph 18
  52. 19Paragraph 19
  53. Explanatory note

1Citation and commencement

These Regulations may be cited as the Scotland’s Adoption Register Regulations 2016 and come into force on 1st April 2016.

2Interpretation

(1)

In these Regulations—

  • “the 2009 Regulations” means the Adoption Agencies (Scotland) Regulations 2009f1;

  • “the Act” means the Adoption and Children (Scotland) Act 2007;

  • “child who ought to be placed for adoption” means a child—

    1. (a)

      in respect of whom an adoption agency has decided under the 2009 Regulations that adoption is in the child’s best interests;

    2. (b)

      in respect of whom an adoption agency has decided under the 2009 Regulations that an application for a permanence order granting authority for the child to be adopted should be made under section 80 of the Act; or

    3. (c)

      who an adoption agency mentioned in paragraph (b) of the definition of “adoption agency” in section 119(1) of the Actf2 is satisfied ought to be placed for adoption; and

  • “prospective adopter” means a person—

    1. (a)

      who an adoption agency has decided under the 2009 Regulations is suitable to be an adoptive parent; or

    2. (b)

      with whom an adoption agency mentioned in paragraph (b) of the definition of “adoption agency” in section 119(1) of the Act is satisfied is suitable to have a child placed for adoption.

(2)

Where the Scottish Ministers have made arrangements with an organisation under section 13B(1) of the Act, references in these Regulations to “the Scottish Ministers” are to be read as references to a registration organisationf3.

3Information to be included in Register

The information relating to adoption which is to be included in the Register is the information—

(a)

about a child who ought to be placed for adoption as set out in Schedule 1 including any such information which, is immediately before 1st April 2016, contained in the register known as “Scotland’s Adoption Register” and which is run on behalf of the Scottish Ministers by St Andrew’s Children’s Societyf1; and

(b)

about prospective adopters as set out in Schedule 2 including any such information which is, immediately before 1st April 2016, contained in the register mentioned in paragraph (a).

4Information about children to be provided for inclusion in Register

(1)

This regulation applies where—

(a)

an adoption agency mentioned in paragraph (a) of the definition of “adoption agency” in section 119(1) of the Act decides under the 2009 Regulations that—

(i)

adoption is in the best interests of a child; or

(ii)

an application for a permanence order granting authority for a child to be adopted should be made under section 80 of the Act; and

(b)

in the case of a child aged 12 or over who an adoption agency considers is capable of consenting to information about that child being provided to the Scottish Ministers under this regulation for inclusion in the Register, the child has consented to that information being so provided.

(2)

Subject to paragraph (3), the adoption agency must, no later than 3 months beginning with the date of the decision mentioned at paragraph (1)(a), provide to the Scottish Ministers for inclusion in the Register the information set out in Schedule 1 in respect of the child.

(3)

The requirement at paragraph (2) does not apply where an adoption panel has, at the date of the adoption agency decision mentioned in paragraph (1)(a) or at any time during the period of 3 months mentioned in paragraph (2), recommended, under the 2009 Regulations, that a prospective adopter would be a suitable adoptive parent for the child.

(4)

Where, after information is provided under this regulation for inclusion in the Register, an adoption agency becomes aware of any change to the information, the agency must notify the Scottish Ministers of that change as soon as is reasonably practicable.

(5)

Where a child in respect of whom information has been provided under this regulation is placed for adoption by an adoption agency with a prospective adopter, the adoption agency must notify the Scottish Ministers as soon as is reasonably practicable.

(6)

Where, after information is provided under this regulation, it is decided that adoption is no longer in the child’s best interests or that an application for a permanence order granting authority for the child to be adopted should not be made under section 80 of the Act, an adoption agency must as soon as is reasonably practicable—

(a)

notify the Scottish Ministers of that; and

(b)

inform the Scottish Ministers of the reason for this decision.

5Information about prospective adopters to be provided for inclusion in Register

(1)

This regulation applies where—

(a)

an adoption agency mentioned in paragraph (a) of the definition of “adoption agency” in section 119(1) of the Act decides under the 2009 Regulations that a person is suitable to be an adoptive parent; and

(b)

the agency has obtained the written consent of the person to information being provided to the Scottish Ministers under this regulation for inclusion in the Register.

(2)

Subject to paragraph (3), the agency must, no later than 3 months beginning with the date of the decision mentioned at paragraph (1)(a), provide to the Scottish Ministers for inclusion in the Register the information set out in Schedule 2 to these Regulations in respect of the person.

(3)

The requirement at paragraph (2) does not apply where an adoption panel has, at the date of the adoption agency decision mentioned in paragraph (1)(a) or at any time during the period of 3 months mentioned in paragraph (2), recommended, under the 2009 Regulations, that the person would be a suitable adoptive parent for a particular child.

(4)

Where, after information is provided under this regulation for inclusion in the Register, an adoption agency becomes aware of any change to the information, the agency must notify the Scottish Ministers of that change as soon as is reasonably practicable.

(5)

Where a child is placed for adoption by an adoption agency with a person in respect of whom information has been provided under this regulation, the adoption agency must notify the Scottish Ministers as soon as is reasonably practicable.

(6)

Where, after information is provided under this regulation, it is decided that the person in respect of whom the information was provided is no longer suitable to be an adoptive parent, an adoption agency must as soon as is reasonably practicable—

(a)

notify the Scottish Ministers of that; and

(b)

inform the Scottish Ministers of the reason for this decision.

6Retention of information

(1)

As soon as is reasonably practicable after being notified under regulation 4(4) or 5(4) of any change to information provided for inclusion in the Register the Scottish Ministers must amend the Register accordingly.

(2)

As soon as is reasonably practicable after being notified under regulation 4(5) that a child in respect of whom information has been provided for inclusion in the Register has been placed for adoption by an adoption agency with a prospective adopter, the Scottish Ministers must remove from the Register any information relating to that child.

(3)

As soon as is reasonably practicable after being notified under regulation 5(5) that a child has been placed for adoption with a person in respect of whom information has been provided for inclusion in the Register, the Scottish Ministers must remove from the Register any information relating to that person.

(4)

Where information is removed from the Register under this regulation—

(a)

the Scottish Ministers may retain on the Register such of that information as they consider necessary for statistical or research purposes; and

(b)

any information which is retained on the Register must be retained in a form in which any person in respect of whom that information was included in the Register cannot be identified.

7Disclosure of information

(1)

Information contained in the Register may be disclosed by the Scottish Ministers to an adoption agency mentioned in paragraph (a) of the definition of “adoption agency” in section 119(1) of the Act for the purpose of helping that agency—

(a)

to find a person with whom it would be appropriate to place a child for whom the agency is acting; or

(b)

to find a child who is appropriate for adoption by a person for whom the agency is acting.

(2)

Information provided to an adoption agency under paragraph (1) may be disclosed by the agency to such persons as the agency considers necessary for the purpose of assisting the agency to find a person with whom it would be appropriate to place a child for whom the agency is acting or to find a child who is appropriate for adoption by a person for whom the agency is acting.

(3)

Information contained in the Register may be disclosed by the Scottish Ministers to a prospective adopter mentioned in paragraph (a) of the definition of “prospective adopter” in regulation 2 for the purpose of assisting an adoption agency to find a child who is appropriate for adoption by that person.

(4)

Information contained in the Register may be disclosed by the Scottish Ministers to a person who maintains a register in respect of England, Wales or Northern Ireland which contains information about children who are suitable for adoption or prospective adopters, for the purpose of enabling the information to be entered on that register.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1

The full name of the child (“C”) and the name by which C is known if different.

2

The name and address of the adoption agency providing the information about C.

3

The name and telephone number of C’s social worker.

4

C’s date of birth.

5

C’s gender.

6

C’s nationality.

7

C’s racial origin.

8

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

9

Any wishes expressed by C’s parents or guardians as to C’s religious upbringing.

10

The local authority area in which C lives.

11

If C is a looked after child within the meaning of section 17(6) of the 1995 Act, details of any accommodation being provided to C under section 25 of that Act or, if C is subject to an order mentioned in section 17(6) of that Act or an order mentioned in section 17(6) of that Act has been made in respect of C, details of that order.

12

Whether the adoption agency proposes to make arrangements for C to be adopted or for an application for a permanence order with authority for C to be adopted should be made under section 80 of the Act.

13

Whether the adoption agency intends to place C for adoption with C’s siblings and if so the full name and date of birth of each sibling to be placed and whether C and C’s siblings are currently accommodated together.

14

C’s first language and details of any other languages spoken by C and details of languages spoken by C’s parents.

15

Details of any geographical considerations in relation to C’s placement.

16

Details of any planned contact between C and any other person.

17

C’s state of health including C’s physical, emotional and mental health, any medical treatment C is currently receiving and any anticipated future health problems.

18

C’ health history including, so far as practicable, C’s family health history.

19

Details of any past experience C has had of neglect, physical abuse or sexual abuse.

20

Details of any additional support needs which C has or any co-ordinated support plan prepared in respect of C within the meaning of the Education (Additional Support for Learning)(Scotland) Act 2004f1.

21

Details of any qualities that the adoption agency is looking for in a family to meet the needs of C.

22

Where an assessment of C’s needs for adoption support services has been carried out under section 9 of the Act, details of C’s needs for such services.

23

A photograph, film or any other audio-visual recording of C.

1

The full name of the prospective adopter (“P”) and the name by which P is known if different.

2

P’s gender.

3

P’s date of birth.

4

P’s nationality.

5

P’s address including the local authority area.

6

P’s racial origin.

7

P’s religious persuasion if any and whether P practises their religion.

8

P’s first language and details of any additional languages spoken.

9

The name and address of the adoption agency providing the information about P.

10

The name and telephone number of P’s social worker.

11

P’s current occupation and hours of work.

12

P’s proposed employment arrangements after any placement.

13

Details of other members of P’s household (including any children of P whether or not resident in the household) and any caring responsibilities which P has.

14

Details of any adults not living in P’s household who have responsibility for any of P’s children on a regular basis.

15

Details of any pets that P has.

16

Details of any recommendation of the adoption panel as to the children that P would be suitable to adopt including any recommendation as to the maximum number, gender and age of such children.

17

P’s views about contact with C’s birth family.

18

P’s views about the health and past experience of children that might be placed with P.

19

Where an assessment of P’s needs for adoption support services has been carried out under section 9 of the Act, details of P’s needs for such services.

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in relation to Scotland’s Adoption Register (“the Register”).

The Register was established by Chapter 1A of the Adoption and Children (Scotland) Act 2007 (asp 4) which was inserted by section 75 of the Children and Young People (Scotland) Act 2014 (asp 8). Provision is made in Chapter 1A in connection with the Register. Chapter 1A and these Regulations come into force on 1st April 2016.

These Regulations make provision about the information which the Register is to contain (regulation 3 and Schedules 1 and 2). Regulation 4 provides that where a Scottish adoption agency decides that adoption is in the child’s best interests or that an application should be made for a permanence order granting authority for a child to be adopted, information about that child must be provided to the Register. Regulation 5 provides that where a Scottish adoption agency decides that a person would be suitable to be an adoptive parent, information about that person must be provided to the Register. Regulation 6 makes provision about the retention of information on the Register. Regulation 7 authorises the disclosure of information from the Register in certain circumstances.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.