The Children (Protection from Offenders) (Miscellaneous Amendments) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Adoption Agencies Regulations 1983, the Foster Placement (Children) Regulations 1991, the Children’s Homes Regulations 1991 and the Disqualification for Caring for Children Regulations 1991.

The main purpose of the Regulations is to ensure that those with convictions for serious offences against children or who have been cautioned in relation to such offences do not adopt or foster children.

Regulation 2 provides that an adoption agency is required to obtain information about any criminal convictions and cautions when considering whether a person may be suitable to be an adoptive parent. Regulation 2 further provides that a person is not to be regarded as suitable to be an adoptive parent if he has been convicted of or given a caution in respect of certain serious offences against children or rape. These offences are defined as “specified offences” and are listed in the Schedule. The local authority must also carry out a police check when investigating an application for an adoption order in non agency cases.

Regulation 3 provides that local authorities are not to regard a person who has been convicted of or given a caution in respect of a specified offence as suitable to act as a foster parent.

Regulation 4 provides that information about criminal convictions is to be obtained before any person is employed or engaged to provide services in a children’s home in a position involving contact with children.

Regulation 5 amends the Disqualification for Caring for Children Regulations 1991 to add to the list of convictions which disqualify a person from fostering a child privately, being registered as a child minder or being involved in certain other activities involving children, a conviction for or caution in respect of any of the offences which would prevent such a person from being considered suitable to adopt or foster a child.

Regulation 6 makes certain transitional provision in relation to prospective adopters with whom an agency has placed or proposes to place a child for adoption and in respect of whom police checks were not carried out at the time when the agency assessed whether they were suitable to be adoptive parents.

These Regulations also make minor drafting amendments and impose no costs on business.