The Adoption Agencies (Scotland) Regulations 2009

Notification of adoption agency decisions

14.—(1) Where an adoption agency makes a decision under regulation 13(1) as to whether adoption is in the best interests of the child it must within 7 days of making the decision notify–

(a) the child where, taking account of the child’s age and maturity, the adoption agency considers that the child is capable of understanding the effect of the decision;

(b) the parent or parents of the child;

(c) where the adoption agency considers it to be in the child’s interests any parent or parents of the child who do not have parental rights or parental responsibilities, if their whereabouts are known to the adoption agency;

(d) the guardian of the child if their whereabouts are known to the adoption agency; and

(e) any other relative of the child who has expressed a view on the placement of the child for adoption to the adoption agency.

(2) Where the adoption agency makes a decision under regulation 13(1) as to whether an application for a permanence order granting authority for the child to be adopted under section 80 of the Act should be made the adoption agency must notify–

(a) the child, taking account of their age and maturity;

(b) the parent or parents of the child;

(c) where the adoption agency considers it to be in the child’s interests any parent or parents of the child who do not have parental rights or parental responsibilities if their whereabouts are known to the adoption agency; and

(d) the guardian of the child if their whereabouts are known to the adoption agency.

(3) In paragraphs (1)(b) and (2)(b) “parent” means–

(a) a parent who has any parental responsibilities or parental rights in relation to the child; or

(b) a parent who, by virtue of a permanence order granted under section 80 of the Act which does not include provision granting authority for the child to be adopted, has no such responsibilities or rights.