Duty of adoption agency in respect of assessment of a child
23.—(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
(b)the child is free for adoption by virtue of an order made under Article 17(1) or 18(1) of the1987 Order, section 18 of the Adoption Act 1976(1) or section 18 of the Adoption (Scotland) Act 1978(2).
(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.