SCHEDULE 3EXCLUSIONS OF SECTION 4(2)(a) AND (b) OF THE ACT

Adoption and fostering5

1

Any question asked by or on behalf of any person for the purpose of assessing, investigating, reviewing or confirming the suitability of any person to adopt children in general or a child in particular, in either of the circumstances set out in sub-paragraph (3).

2

Any question asked by or on behalf of any person for the purpose of assessing, investigating, reviewing or confirming the suitability of any person to—

a

be a foster carer (within the meaning of section 96 of the 2007 Act); or

b

be a host parent (within the meaning of paragraph 11A74 of schedule 2 to the 2007 Act),

in the circumstance set out in sub-paragraph (3)(b).

3

The circumstances are that—

a

the question relates to the person whose suitability is being assessed, investigated, reviewed or confirmed; or

b

the question relates to a person over the age of 16 residing in the same household as the person whose suitability is being assessed, investigated, reviewed or confirmed.

4

Any question asked in order to assess the suitability of an individual seeking appointment as a member of—

a

an adoption panel or joint adoption panel under regulation 3 or 5 of the Adoption Agencies (Scotland) Regulations 200975; or

b

a fostering panel or joint fostering panel under regulation 17 or 19 of the Looked After Children (Scotland) Regulations 200976.