2Placement of looked after children with prospective adopters
(1)Section 22C of the Children Act 1989 is amended as follows.
(2)In subsection (7), after “subject to” insert “subsection (9B) and”.
(3)After subsection (9) insert—
“(9A)Subsection (9B) applies (subject to subsection (9C)) where the local authority are a local authority in England and—
(a)are considering adoption for C, or
(b)are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.
(9B)Where this subsection applies—
(a)subsections (7) to (9) do not apply to the local authority,
(b)the local authority must consider placing C with an individual within subsection (6)(a), and
(c)where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.
(9C)Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.”