The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003

Duty of the adoption agency – case record, police checks and assessment

6.—(1) Where, following the procedures referred to in regulation 4, and subject to regulation 5 and paragraph (3) of this regulation, the adoption agency–

(a) is satisfied that the prospective adopter is eligible to adopt; and

(b) considers that person’s suitability as an adoptive parent should be assessed,

it shall–

(i) set up a case record in respect of that person and place on it any information obtained under this regulation; and

(ii) ensure that such counselling as may be necessary in connection with the proposed adoption is made available to the prospective adopter.

(2) An adoption agency shall take all reasonably practicable steps to obtain information about any previous criminal convictions (including convictions in England, Wales or Northern Ireland and any police cautions issued in England, Wales or Northern Ireland where the offence in question was admitted at the time the caution was given) in respect of criminal offences which relate to the prospective adopter and any other member of the prospective adopter’s household aged 16 years or over.

(3) An adoption agency shall not consider a person to be suitable to be an adoptive parent if that person or any member of their household aged 16 years or over–

(a) has been convicted of an offence specified in Schedule 5;

(b) has received a police caution in England, Wales or Northern Ireland in respect of such an offence which, at the time the caution was given, that person admitted.

(4) The adoption agency shall notify a prospective adopter in writing as soon as possible after becoming aware that–

(a) the prospective adopter is not eligible to adopt because that person does not meet the requirements of regulation 5; or

(b) the prospective adopter is not suitable to be an adoptive parent by virtue of paragraph (3) of this regulation,

and in a case to which sub-paragraph (b) applies the notification shall specify the conviction, or as the case may be, the police caution in question where that conviction or police caution relates to the prospective adopter.

(5) The adoption agency shall obtain such particulars as are referred to in Part IV of Schedule 2 to the Adoption Agencies Regulations together with, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel.

(6) In a case where the adoption agency is not the local authority in whose area the prospective adopter has their home, it shall obtain a written report about the prospective adopter from that authority.

(7) The adoption agency shall prepare a written report which shall–

(a) state the Convention country from which the prospective adopter wishes to adopt a child, confirm that person is eligible to adopt a child under the law of that Convention country and provide any other information which that Convention country usually requires;

(b) include the adoption agency’s assessment of the prospective adopter’s suitability to be an adoptive parent;

(c) include any other observations of the adoption agency on the matters referred to in regulation 5 and this regulation; and

(d) include any other information about the prospective adopter of the type specified in Article 15(1) of the Convention.

(8) The adoption agency shall notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel and at the same time, send that person a copy of the adoption agency’s report referred to in paragraph (7) (excluding any information from third parties given in confidence), inviting that person to send any observations in writing to the adoption agency on the report within 14 days, beginning with the date on which the notification was sent.

(9) At the end of the period of 14 days referred to in paragraph (8), (or earlier if any observations made by the prospective adopter are received before the 14 day period has expired), the adoption agency shall pass the report referred to in paragraph (7) together with all relevant information obtained by it under this regulation (including the prospective adopter’s observations on the report), to the adoption panel.