Adoption and Children Act 2002 Explanatory Notes

Section 102: Officers of the Service

254.Section 102 provides that for the purposes of any relevant application (defined in subsection (6) as the making, varying or revoking of a placement order or a contact order under section 26, and the making of an adoption order or a parental responsibility order under section 84) and signification of consent to placement and adoption, rules must provide for the appointment of an officer of the Children and Family Court Advisory Support Service (a CAFCASS officer) in prescribed cases.  Subsection (2) provides that rules may provide for the appointment of a CAFCASS officer in other circumstances.  Subsection (3) sets out what these rules may provide for the officer to do.  This includes a new category of work of preparing a report on matters relating to the welfare of the child in question.  The report must include any matter prescribed by rules (unless the court orders otherwise) and must be made in the manner required by the court.  Subsection (5) restricts who may act as a CAFCASS officer in certain cases to avoid any potential conflict of interest.

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