Office of Public Sector Information

PART V CONSENT CERTIFICATES

Consent to placement of the child for adoption for the purposes of section 20 of the Act

19.  For the purpose of section 20(1)(b) of the Act consent to the placement of a child for adoption by each parent or guardian must be–

(a) made in the certificate in the form set out in Schedule 4 or Schedule 7;

(b) signed by the parent or guardian of the child; and

(c) returned to the adoption agency within 28 days from the date the parent or guardian received the certificate.

Consent certificate: no consent or failure to return consent certificate

20.—(1) This regulation applies where–

(a) an adoption agency does not receive the signed certificate referred to in regulation 16(3)(b) or 17(3)(b) within 28 days from the date the certificate was received by the parent or guardian;

(b) the adoption agency has not been able to carry out the duties referred to in paragraphs (2), (3) and (5) of regulation 16 or 17 because the parent or guardian of the child cannot be contacted from reasonable efforts being made to make contact by or on behalf of the adoption agency; or

(c) a parent or guardian has signed and returned a certificate under regulation 16(3)(b) or 17(3)(b) and subsequently notifies in writing to the adoption agency that their agreement is being withdrawn.

(2) Where the adoption agency is a registered adoption service it must–

(a) take such steps, in relation to the case as it considers appropriate and in the best interests of the child; and

(b) refer the case to the local authority for the area in which the child resides.

(3) Where the adoption agency is a local authority it must make a determination to proceed as though parental agreement is not forthcoming.

(4) Where the case is referred to a local authority under paragraph (2) that local authority must make a determination to proceed as though parental agreement is not forthcoming.

PART VI APPLICATION FOR PERMANENCE ORDER

Application for a permanence order: child not subject to supervision requirement

21.—(1) This regulation applies where an adoption agency which is a local authority is considering making arrangements for adoption in respect of a child who is not subject to a supervision requirement.

(2) The adoption agency must make an application for a permanence order in accordance with paragraph (3) by the end of the period of 28 days from–

(a) the receipt of the certificate specified in regulation 16(3)(b) or 17(3)(b) certifying that the parent or guardian does not agree with the decision; or

(b) the date the adoption agency makes a determination to proceed under regulation 20 as though the parental agreement is not forthcoming.

(3) In making the application for a permanence order the local authority must, in that application, request that the order include–

(a) ancillary provisions vesting in the local authority the parental responsibilities and parental rights referred to in section 82(1)(a) of the Act; and

(b) provision granting authority for the child to be adopted.

(4) Paragraph (2) does not apply where an application for an adoption order has been made in relation to the child.

Child subject to supervision requirement: referral to the Principal Reporter

22.—(1) This regulation applies where–

(a) an adoption agency which is a local authority is under a duty to refer the case of the child to the Principal Reporter under section 73(4)(c)(i) or (v) of the 1995 Act; or

(b) an adoption agency which is a registered adoption service is under a duty to refer the case of a child to the Principal Reporter under section 106 of the Act.

(2) The referral to the Principal Reporter shall not be made unless the adoption agency–

(a) has received the certificate referred to in regulation 16(3)(b) or 17(3)(b) confirming the agreement of each parent or guardian of the child to the decision of the adoption agency; or

(b) regulation 20 applies.

(3) The referral to the Principal Reporter must be made in the form set out in Schedule 8 or in a form to like effect.

Application for a permanence order: child subject to supervision requirement

23.—(1) This regulation applies where an adoption agency which is a local authority, following a decision under regulation 13(1), is considering making arrangements for adoption in respect of a child who is subject to a supervision requirement.

(2) Where the adoption agency has made a determination to proceed as though parental consent is not forthcoming in accordance with regulation 20 the adoption agency must notify the Principal Reporter of its determination within 7 days from the date it made that determination.

(3) Where–

(a) paragraph (2) applies; and

(b) the adoption agency receives a report from a children’s hearing under section 73(13) of the 1995 Act which provides advice in support of the decision of the adoption agency made under regulation 13(1) in relation to the child,

the adoption agency must, within a period of 28 days from the date it receives the report from the children’s hearing, make an application for a permanence order in accordance with paragraph (7).

(4) Where the adoption agency receives a report from a children’s hearing under section 73(13)(5) of the 1995 Act which provides advice which does not support the decision of the adoption agency made under regulation 13(1) in relation to the child the adoption agency must, within 28 days from the date it receives the report from the children’s hearing, review its decision.

(5) In reviewing its decision under paragraph (4) the adoption agency must–

(a) take into account the report from the children’s hearing;

(b) take into account any further recommendations it may wish to seek; and

(c) notify the Principal Reporter of its decision.

(6) Where the adoption agency makes a decision that adoption remains in the best interests of the child following a review under paragraphs (4) and (5) it must make an application for a permanence order in accordance with paragraph (7) within 28 days from the date of the children’s hearing.

(7) In making an application for a permanence order the local authority must, in that application, request that the order include–

(a) ancillary provisions vesting in the local authority the parental responsibilities and the parental rights referred to in section 82(1)(a) of the Act; and

(b) provision granting authority for the child to be adopted.

(8) Paragraphs (3), (4), (5) and (6) do not apply where an application for an adoption order has been made in relation to the child.