Functions imposed on the local authority
5.—(1) This regulation applies where–
(a)a child is brought into the United Kingdom in circumstances where section 58 of the Act applies; and
(b)notice has been given by the prospective adopters to the relevant local authority in accordance with section 18(2) of the Act of their intention to apply for an adoption order.
(2) The local authority must–
(a)if it has not already done so, set up a case record in respect of the child and place on it any information received from–
(i)the relevant foreign authority;
(ii)the adoption agency (if it is not the local authority);
(iii)the prospective adopters;
(iv)the entry clearance officer; and
(v)the Secretary of State and the Scottish Ministers;
(b)send to the Scottish Ministers written notification of the child’s arrival in the United Kingdom;
(c)send the prospective adopters' registered medical practitioner (and, where required in cases where the prospective adopters are a relevant couple(1), the registered medical practitioner of each member of the couple) written notification of the child’s arrival in the United Kingdom and send with that notification a written report of the child’s health history and current state of health (so far as is known);
(d)send to the Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(2) in whose area the prospective adopters have their home written notification of the child’s arrival in the United Kingdom;
(e)where the child is of school age (as defined in section 31 of the Education (Scotland) Act 1980(3)), send to the education authority in whose area the prospective adopters have their home written notification of the child’s arrival in the United Kingdom and information, if known, about–
(i)the child’s educational history; and
(ii)whether the child has additional support needs (within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004(4));
(f)ensure that the child and the prospective adopters are visited within one week of receipt of the notice mentioned in paragraph (1)(b) and thereafter not less than once a week until the review mentioned in sub-paragraph (g) and thereafter at such frequency as the local authority may (subject to sub-paragraphs (g) and (h)) decide;
(g)unless the child no longer has a home with the prospective adopters or an adoption order is made in respect of the child–
(i)carry out a review of the child’s case not more than 4 weeks after receipt of the notice mentioned in paragraph (1)(b);
(ii)within 3 months of that review, visit the child and prospective adopters and, if the local authority considers it necessary, carry out a further review of the child’s case; and
(iii)thereafter at intervals not exceeding 6 months, visit the child and prospective adopters and, if the local authority considers it necessary, carry out a further review of the child’s case;
(h)when carrying out a review, consider–
(i)the child’s needs, welfare and development and whether any changes need to be made to meet those needs or assist that development;
(ii)the arrangements for the provision of adoption support services(5) and whether there should be any re-assessment of the need for those services; and
(iii)the need for further visits and reviews; and
(i)ensure that–
(i)where necessary, advice is given to the prospective adopters as to the child’s needs, welfare and development;
(ii)written reports are made of all visits and reviews of the case and placed on the child’s case record; and
(iii)during visits carried out in accordance with this paragraph, advice is given, where appropriate, to the prospective adopters and the child as to the availability of adoption support services.
(3) Part VIII of the Adoption Agencies (Scotland) Regulations applies to any case record set up in respect of the child as a consequence of this regulation as if that record had been created under those Regulations.
(4) In a case where the prospective adopters fail, within 2 years of the local authority’s receiving the notice mentioned in paragraph (1)(b), to make an application under section 29 or section 30 of the Act, the authority must review the case.
(5) For the purposes of the review referred to in paragraph (4), the local authority must consider–
(a)the child’s needs, welfare and development and whether any changes need to be made to meet those needs or assist that development;
(b)the arrangements, if any, in relation to the exercise of parental responsibilities and parental rights in relation to the child;
(c)the terms upon which leave to enter the United Kingdom is granted and the immigration status of the child;
(d)the arrangements for the provision of adoption support services and whether there should be any re-assessment of the need for those services; and
(e)in conjunction with the appropriate agencies, the arrangements for meeting the child’s health care and educational needs.
(6) In a case where a local authority (“the original authority”) receives the notice mentioned in paragraph (1)(b) and is further notified by the prospective adopters that they intend to move, or have moved, their home into the area of another local authority (“the new authority”), the original authority must, within 14 days of receipt of such further notification, notify the new authority of–
(a)the name, sex, date of birth and place of birth of the child;
(b)the name, sex and date of birth of the prospective adopters;
(c)the date of the child’s arrival in the United Kingdom;
(d)the date the original authority received the notice mentioned in paragraph (1)(b);
(e)(if known), whether an application for an adoption order in respect of the child has been made and the stage of those proceedings; and
(f)any other relevant information.
(7) In this regulation, “entry clearance officer” means a person responsible for the grant or refusal of entry clearance; and “entry clearance” has the same meaning as in the Immigration Act 1971.
The expression “relevant couple” is defined in section 29(3) of the Act.
1978 c. 29. Section 2 was amended by the National Health Service and Community Care Act 1990 c. 19, sections 28 and 66(1) and Schedule 9; the National Health Service Reform (Scotland) Act 2004 asp 7, section 11 and Schedule 1; and the Smoking, Health and Social Care (Scotland) Act 2005 asp 13, section 42(1) and Schedule 2.
The expression “adoption support services” is defined in section 1(5) of the Act.