PART IIIREQUIREMENTS AND PROCEDURE WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN
Duty of adoption agency in respect of assessment of a child23
1
This regulation applies where
a
a HSS trust–
i
has decided that adoption is in the best interests of a child under regulation 11(1) of the Adoption Agencies Regulations (“the first decision”);
ii
has considered the possibilities for placement of that child within the British Islands; and
iii
considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interests; and
2
Subject to paragraph (3), the HSS trust must refer the case of the child to the adoption panel together with–
a
the documents referred to in regulation 7(2)(e) of the Adoption Agencies Regulations originally sent to the adoption panel; and
b
a report from the child’s social worker–
i
as to why he considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interest; and
ii
if appropriate, having regard to the child’s age and understanding, on the child’s views and wishes in relation to adoption.
3
A HSS trust may not refer the case of the child to the adoption panel under paragraph (2) unless:
a
more than 12 months have elapsed since the first decision; or
b
there are significant overriding factors which indicate that the child should be referred to the adoption panel under paragraph (1) prior to the expiration of the 12 month period.