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Adoption and Children (Scotland) Act 2007

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This is the original version (as it was originally enacted).

47Family member’s right to require review of plan
This section has no associated Explanatory Notes

(1)This section applies where an adoption support plan is in force in respect of a member of a relevant family or, as the case may be, a relevant family.

(2)Subject to subsection (4), the person to whom the plan relates or, as the case may be, a member of the relevant family to which the plan relates (in either case, the “relevant member”) may, if the relevant member believes the local authority is not complying with any of its obligations mentioned in the plan, require the authority to review the plan.

(3)The authority may, in reviewing the plan, carry out a reassessment of the needs of the relevant member for adoption support services.

(4)A relevant member (other than the person or persons with whom the child has been placed for adoption or the person who has, or persons who have, adopted the child) may not make a requirement under subsection (2) unless, in the opinion of the local authority, the member is capable of understanding the need for adoption support services.

(5)After reviewing the plan, the local authority must vary the plan to reflect any changes in—

(a)the needs of any relevant member for adoption support services identified as a result of a reassessment of needs made under subsection (3),

(b)the adoption support services the local authority will provide.

(6)In this section, any references to a reassessment of needs of a person include, where no assessment has been carried out by virtue of section 9(1)(a) in relation to the person, references to an assessment of needs of the person.

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