Removal provisions
Sections 27 to 32 make provision in relation to the removal of children who are or may be placed for adoption by adoption agencies, to ensure that they are only removed from placements by authorised people in the appropriate manner. These sections apply whether or not the child in question is in Northern Ireland.
Section 27: General prohibitions on removal
Section 27 imposes general prohibitions on removal and is subject to sections 28 to 30. Under subsection (1)(a), where a child is placed with prospective adopters under section 16, it is an offence for a person other than the adoption agency to remove the child from that placement (subsections (1) and (8)). Under subsection (1)(b), where a child is placed for adoption and either the child is less than 6 weeks old or the agency has not been authorised to place the child for adoption, the same offence applies. This ensures that where a child is placed with the mother’s consent while under 6 weeks of age, but the agency is later unable to secure the mothers consent under section 16, the restrictions on removal would continue to apply to the placement. Subsection (1) applies even if the parent has withdrawn their consent to placement.
If a child is accommodated by an authority and it has applied for a placement order and the application has not been disposed of, the child may not be removed from the accommodation pending the determination of that application without the leave of the court (section 27(2) and (8)). Where an adoption agency is authorised to place a child for adoption but the child is not yet placed and is being provided with accommodation by an agency in, for example, a foster placement or a children's home, it is an offence for a person other than the agency to remove the child from that accommodation (section 27(3) and (8)). Subsection (3) applies if the parent or guardian has withdrawn consent to placement.
The general prohibitions on removal set out in this section are subject to the specific provisions made in sections 28 to 30 but those sections do not apply if the child is subject to a care order (subsection (4)). But the provisions in sections 27 to 30 covering prohibition on removal do not prevent the removal of a child who is arrested, or removal as a result of the exercise by an authority or other person of a power conferred by any enactment (excluding the right under Article 22(2) of the Children Order of a person who has parental responsibility for a child to remove a child voluntarily accommodated by an authority) (subsections (6) and (7)).
Subsection (8) provides that a person who removes a child in breach of subsection (1), (2) or (3) is liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both.
Section 28: Recovery by parent etc. where child not placed or is a baby
Section 28 applies where a child is not yet placed for adoption but is being provided with accommodation by an adoption agency and previous consent to placement under section 16(1) has been withdrawn, which must be done in writing to the agency on the form prescribed (subsection (1)). If a parent or guardian informs the agency that they wish the child to be returned, the agency must return the child to them within 14 days beginning with the date of request, unless an application is, or has been, made for a placement order and the application has not been disposed of (subsection (2)).
Where a child is placed for adoption and either the child is less than 6 weeks old or the agency has at no time been authorised to place the child and any parent or guardian informs the agency that they wish the child to be returned (subsection (3)), the agency must give notice to the prospective adopters who must return the child to the agency within the period of 7 days beginning with the day on which the notice is given unless an application is, or has been, made for a placement order and the application has not been disposed of (subsection (4)). In this circumstance, once the child is returned to the agency, the agency must then return the child to the parent or guardian in question within 7 days from the date of the child’s return from the prospective adopters (subsection (6)).
Should a prospective adopter fail to comply with this provision they are guilty of an offence and are liable on summary conviction to a term of imprisonment not exceeding three months or a fine not exceeding level 5 on the standard scale, or both (subsection (5)).
Section 29: Recovery by parent etc. where child placed and consent withdrawn
Section 29 applies where a child is placed for adoption with prospective adopters under section 16, and the parent has withdrawn consent, unless an application for a placement order is, or has been made and the application is pending (subsection (1)).
If the parent informs the agency he wishes the child to be returned to him, the agency must give notice to the prospective adopters that the parent wishes the child to be returned to him and the prospective adopters have to return the child to the agency within 7 days of the notice being given to them (subsection (2)). If the prospective adopters do not return the child, they commit an offence and are liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both (subsection (3)). The agency must return the child to his or her parent within 7 days, beginning with the day the child is returned to the agency (subsection (4)).
If before notice of removal is given, an application for an adoption order in Northern Ireland (or in Great Britain) or for a residence order or special guardianship order, or for leave to apply for these orders in respect of the child has been made and that application has not been disposed of, the prospective adopters do not have to return the child unless the court makes an order to that effect (subsection (5)).
Section 30: Recovery by parent etc. where child placed and placement order refused
Section 30 applies where a child is placed for adoption under section 16, the adoption authority's application for a placement order has been refused and the parent wishes the child to be returned to him (subsection (1)). The prospective adopters must return the child to the adoption authority on the date set by the court (subsection (2)). Should the prospective adopters fail to do this, they commit an offence and are liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both (subsection (3)). The adoption authority must return the child to his or her parent or guardian within 7 days beginning with the day on which the child is returned to it (subsection (4)).
Section 31: Placement orders: prohibition on removal
Section 31 applies where a placement order is in force or has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by an adoption authority (subsection (1)). It is an offence, punishable as set out in subsection (5), for a person (other than the adoption authority) to remove the child from the prospective adopters or accommodation provided by the authority.
Where a placement order has been revoked, it will be for the court, when they revoke the order, to determine whether the child is to remain with the prospective adopters or be returned to the adoption authority or parent or guardian. If the court determines the child should not remain with the former prospective adopters, they must return the child to the adoption authority within a period determined by the court, otherwise they commit an offence (subsection (3)). If the court determines that the child should return to the parent or guardian, the adoption authority must secure the child’s return to the parent or guardian within 7 days from the day the child is returned to the authority, or where the child is in accommodation provided by an authority, within 7 days from the day on which the revocation of the placement order comes into force (subsection (4)). This section does not prevent the removal of a child who is arrested (subsection (7)) and subsection (8) provides that section 31 applies whether or not the child in question is in Northern Ireland.
Section 32: Return of child in other cases
Section 32 applies in cases where the prospective adopters want to return the child or the adoption agency has decided that the child should not remain with the prospective adopters. In the first case, the prospective adopters must give notice to the agency that they want to return the child and the agency has to collect the child (subsection (1)). The agency must also notify the child's parent or guardian so they may consider their position. The provision requires that the agency must receive the child from the prospective adopters before the end of a period of seven days beginning with the giving of notice. In the second case, the agency must give notice to the prospective adopters that it does not want the child to remain with them and the prospective adopters must return the child within 7 days of the giving of notice (subsection (2)). Again, the agency must inform the child's parent or guardian (subsection (3)). If the prospective adopters fail to return the child within 7 days of the giving of notice, they commit an offence and are liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 of the standard scale, or both (subsection (4)).
If a notice of removal is given under subsection (2), an application was made for an adoption order, residence order or special guardianship order, or for leave to apply for these orders in respect of the child, and that application has not been disposed of, the prospective adopters do not have to return the child unless the court makes an order to that effect (subsection (5)).
This section applies whether or not the child in question is in Northern Ireland (subsection (6)).
In subsection (5)(b) “adoption order” means an adoption order made under the law of any part of the United Kingdom (subsection (7)).
