Part 1

Adoption
Chapter 3

Placement for adoption and adoption orders

Placement of children by adoption agency for adoption

Applications for placement orders
22
1
A local authority must apply to the court for a placement order in respect of a child if—
a
the child is placed for adoption by them or is being provided with accommodation by them,
b
no adoption agency is authorised to place the child for adoption,
c
the child has no parent or guardian or the authority consider that the conditions in section 31(2) of the 1989 Act are met, and
d
the authority are satisfied that the child ought to be placed for adoption.
2
If—
a
an application has been made (and has not been disposed of) on which a care order might be made in respect of a child, or
b
a child is subject to a care order and the appropriate local authority are not authorised to place the child for adoption,
the appropriate local authority must apply to the court for a placement order if they are satisfied that the child ought to be placed for adoption.
3
If—
a
a child is subject to a care order, and
b
the appropriate local authority are authorised to place the child for adoption under section 19,
the authority may apply to the court for a placement order.
4
If a local authority—
a
are under a duty to apply to the court for a placement order in respect of a child, or
b
have applied for a placement order in respect of a child and the application has not been disposed of,
the child is looked after by the authority.
5
Subsections (1) to (3) do not apply in respect of a child—
a
if any persons have given notice of intention to adopt, unless the period of four months beginning with the giving of the notice has expired without them applying for an adoption order or their application for such an order has been withdrawn or refused, or
b
if an application for an adoption order has been made and has not been disposed of.
“Adoption order” includes a Scottish or Northern Irish adoption order.
6
Where—
a
an application for a placement order in respect of a child has been made and has not been disposed of, and
b
no interim care order is in force,
the court may give any directions it considers appropriate for the medical or psychiatric examination or other assessment of the child; but a child who is of sufficient understanding to make an informed decision may refuse to submit to the examination or other assessment.
7
The appropriate local authority—
a
in relation to a care order, is the local authority in whose care the child is placed by the order, and
b
in relation to an application on which a care order might be made, is the local authority which makes the application.
S. 22(5)(a)(b) applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 11(1)(d), 52, 55
S. 22 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)