The Adoption and Children Act Register (Search and Inspection) Regulations 2017

Search and inspection of the register by prospective adopters

4.—(1) This regulation applies where—

(a) P has provided written confirmation to the Secretary of State that P undertakes to comply with the requirements set out in regulation 5; and

(b) the Secretary of State is satisfied that P—

(i) has not on any occasion failed to comply with any of the requirements set out in regulation 5; and

(ii) had not on any occasion failed to comply with any of the requirements that were set out in regulation 5 of the Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014(1).

(2) The Secretary of State must make available the information specified in paragraph (5) held in Part 1 of the register for search and inspection by P for the purpose of assisting P to find a child for whom P would be an appropriate adopter.

(3) The Secretary of State must make available the information specified in paragraph (5) held in Part 2 of the register for search and inspection by P for the purpose of assisting P to find a child for whom P would be an appropriate adopter where—

(a) P has obtained written confirmation from the appropriate adoption agency that P is willing to have placed with them a child for whom a local authority in England is considering adoption; and

(b) P has provided that written confirmation to the Secretary of State.

(4) In paragraph (3)(a)—

(a) “appropriate adoption agency” means the adoption agency that approved P as suitable to adopt a child under regulation 30B of the Adoption Agencies Regulations 2005(2); and

(b) “placed” means placed under section 22C of the Children Act 1989(3) with a local authority foster parent who is also an approved prospective adopter following consideration under section 22C(9B)(c) of that Act.

(5) The specified information is—

(a) C’s date of birth;

(b) C’s gender;

(c) C’s nationality;

(d) C’s racial origin;

(e) the local authority area in which C lives;

(f) C’s first language and details of any other languages spoken;

(g) C’s religious persuasion, if any, (including details of any baptism, confirmation or equivalent ceremonies) and whether C practises their religion;

(h) whether the adoption agency intends to place C for adoption with C’s siblings and if so how many and the date of birth of each sibling;

(i) C’s state of health including C’s physical, emotional and mental health and any anticipated future problems;

(j) details of any adoption support needs that C has been assessed as having under section 4 of the Act(4) (including those relating to C’s health) and any adoption support services(5) being provided by the local authority or that the local authority has agree to provide; and

(k) where available—

(i) any photographs or video recordings of C; and

(ii) any letters written by C provided that—

(aa) any identifying information about C or C’s siblings not specified in paragraphs (a) to (j) above is removed; and

(bb) any identifying information about any other person is removed.

(6) In paragraph (5)—

(a) “identifying information” about a person means information which, whether taken on its own or together with other information disclosed by the Secretary of State, identifies the person or enables the person to be identified; and

(b) “video recording” means a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image.

(1)

S.I. 2014/1957, which is revoked by these Regulations.

(2)

S.I. 2005/389. Regulation 30B was inserted by regulation 5 of the Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985).

(3)

1989 c. 41. Section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c. 23) and amended by section 2 of, and paragraph 29 of Schedule 2 to, the 2014 Act and S.I. 2016/413.

(4)

Section 4 was amended by paragraphs 104 and 105 of Schedule 5 to the Health and Social Care Act 2012 (c. 7) and S.I. 2010/1158.

(5)

See section 2(6) of the 2002 Act for the definition of “adoption support services”.