A
BILL
[AS AMENDED ON REPORT]
TO
Make provision about children, families, and people with special educational
needs or disabilities; to make provision about the right to request flexible
working; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
5In section 98 of the Adoption and Children Act 2002 (pre-commencement
adoptions: information), after subsection (1) insert—
“(1A)
Regulations under section 9 may make provision for the purpose of
facilitating contact between persons with a prescribed relationship to a
person adopted before the appointed day and that person’s relatives.”
(2)
10In each of subsections (2) and (3) of that section, for “that purpose” substitute
“a purpose within subsection (1) or (1A)”.
(3) In subsection (7) of that section, after the definition of “appointed day” insert—
““prescribed” means prescribed by regulations under section 9;”.
(1) 15Section 22C of the Children Act 1989 is amended as follows.
Children and Families BillPage 2
(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) 5are 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) 10Where 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
15individual 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
20Act 2002 in respect of C and the application has been refused.”
(1)
Section 1 of the Adoption and Children Act 2002 (considerations applying
when making decisions about the adoption of a child) is amended as follows.
(2)
In subsection (5) (due consideration to be given to religious persuasion, racial
25origin and cultural and linguistic background), for “In placing the child for
adoption, the adoption agency” substitute “In placing a child for adoption, an
adoption agency in Wales”.
(3) In consequence of the amendment made by subsection (2)—
(a)
in subsection (1), for “This section applies” substitute “Subsections (2)
30to (4) apply”;
(b)
in subsection (6), for “The court or adoption agency” substitute “In
coming to a decision relating to the adoption of a child, a court or
adoption agency”;
(c) After subsection (8) insert—
“(9)
35In this section “adoption agency in Wales” means an adoption
agency that is—
(a) a local authority in Wales, or
(b)
a registered adoption society whose principal office is in
Wales.”
(1) In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Children and Families BillPage 3
Service) after section 3 insert—
(1)
The Secretary of State may give directions requiring one or more
named local authorities in England, or one or more descriptions of local
5authority in England, to make arrangements for all or any of their
functions within subsection (3) to be carried out on their behalf by one
or more other adoption agencies.
(2)
The Secretary of State may by order require all local authorities in
England to make arrangements for all or any of their functions within
10subsection (3) to be carried out on their behalf by one or more other
adoption agencies.
(3) The functions are their functions in relation to—
(a) the recruitment of persons as prospective adopters;
(b)
the assessment of prospective adopters’ suitability to adopt a
15child;
(c)
the approval of prospective adopters as suitable to adopt a
child.”
(2)
In section 140(3) of that Act (statutory instruments containing subordinate
legislation that are subject to the affirmative procedure), before paragraph (a)
20insert—
“(za) under section 3A(2),”.
(3)
The Secretary of State may not make an order under subsection (2) of section
3A of the Adoption and Children Act 2002 (as inserted by subsection (1)) before
1 March 2015.
In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Service) after section 4 insert—
(1) This section applies where—
(a)
30after carrying out an assessment under section 4, a local
authority in England decide to provide any adoption support
services to a person (“the recipient”), and
(b)
the recipient is an adopted person or the parent of an adopted
person.
(2)
35The local authority must prepare a personal budget for the recipient if
asked to do so by the recipient or (in prescribed circumstances) a person
of a prescribed description.
(3)
The authority prepare a “personal budget” for the recipient if they
identify an amount as available to secure the adoption support services
40that they have decided to provide, with a view to the recipient being
involved in securing those services.
(4)
Regulations may make provision about personal budgets, in
particular—
(a) about requests for personal budgets;
Children and Families BillPage 4
(b) about the amount of a personal budget;
(c) about the sources of the funds making up a personal budget;
(d)
for payments (“direct payments”) representing all or part of a
personal budget to be made to the recipient, or (in prescribed
5circumstances) a person of a prescribed description, in order to
secure any adoption support services to which the budget
relates;
(e)
about the description of adoption support services to which
personal budgets and direct payments may (and may not)
10relate;
(f)
for a personal budget or direct payment to cover the agreed cost
of the adoption support services to which the budget or
payment relates;
(g)
about when, how, to whom and on what conditions direct
15payments may (and may not) be made;
(h)
about when direct payments may be required to be repaid and
the recovery of unpaid sums;
(i)
about conditions with which a person or body making direct
payments must comply before, after or at the time of making a
20direct payment;
(j)
about arrangements for providing information, advice or
support in connection with personal budgets and direct
payments.
(5)
If the regulations include provision authorising direct payments, they
25must—
(a)
require the consent of the recipient, or (in prescribed
circumstances) a person of a prescribed description, to be
obtained before direct payments are made;
(b)
require the authority to stop making direct payments where the
30required consent is withdrawn.
(6)
Any adoption support services secured by means of direct payments
made by a local authority are to be treated as adoption support services
provided by the authority for all purposes, subject to any prescribed
conditions or exceptions.
(7)
35On the occasion of the first exercise of the power to make regulations
under this section—
(a)
the statutory instrument containing the regulations is not to be
made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament, and
(b) 40accordingly section 140(2) does not apply to the instrument.
(8) In this section “prescribed” means prescribed by regulations.”
In Chapter 2 of Part 1 of the Adoption and Children Act 2002 (the Adoption
Service) after section 4A (as inserted by section 5) insert—
(1)
Except in circumstances prescribed by regulations, a local authority in
England must provide the information specified in subsection (2) to—
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(a)
any person who has contacted the authority to request
information about adopting a child,
(b)
any person who has informed the authority that he or she
wishes to adopt a child,
(c)
5any person within the authority’s area who the authority are
aware is a parent of an adopted child, and
(d)
any person within the authority’s area who is a parent of an
adopted child and has contacted the authority to request any of
the information specified in subsection (2).
(2) 10The information is—
(a)
information about the adoption support services available to
people in the authority’s area;
(b)
information about the right to request an assessment under
section 4 (assessments etc for adoption support services), and
15the authority’s duties under that section and regulations made
under it;
(c)
information about the authority’s duties under section 4A
(adoption support services: personal budgets) and regulations
made under it;
(d) 20any other information prescribed by regulations.”
(1) The Adoption and Children Act 2002 is amended as follows.
(2) In section 125 (Adoption and Children Act Register)—
(a)
in subsection (1)(a), after “children who are suitable for adoption”
25insert “, children for whom a local authority in England are considering
adoption”;
(b)
in subsection (3), after “search” insert “(subject to regulations under
section 128A)”.
(3)
In section 128 (supply of information for the register), in subsection (4)(b), after
30“children suitable for adoption” insert “or for whom a local authority in
England are considering adoption”.
(4) After section 128 insert—
(1)
Regulations may make provision enabling prospective adopters who
35are suitable to adopt a child to search and inspect the register, for the
purposes of assisting them to find a child for whom they would be
appropriate adopters.
(2)
Regulations under subsection (1) may make provision enabling
prospective adopters to search and inspect only prescribed parts of the
40register, or prescribed content on the register.
(3)
Access to the register for the purpose of searching and inspecting it may
be granted on any prescribed terms and conditions.
(4)
Regulations may prescribe the steps to be taken by prospective
adopters in respect of information received by them as a result of
45searching or inspecting the register.
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(5)
Regulations may make provision requiring prospective adopters, in
prescribed circumstances, to pay a prescribed fee to the Secretary of
State or the registration organisation in respect of searching or
inspecting the register.
(6)
5On the occasion of the first exercise of the power to make regulations
under this section—
(a)
the statutory instrument containing the regulations is not to be
made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament, and
(b) 10accordingly section 140(2) does not apply to the instrument.”
(5)
In section 129 (disclosure of information), in subsection (2)(a) after “suitable for
adoption” insert “or for whom a local authority in England is considering
adoption”.
(6)
In section 140(7) (power for subordinate legislation to make different provision
15for different purposes) after “purposes” insert “or areas”.
(7)
In section 97 of the Children Act 1989 (privacy for children involved in certain
proceedings), after subsection (6) insert—
“(6A) It is not a contravention of this section to—
(a)
enter material in the Adoption and Children Act Register
20(established under section 125 of the Adoption and Children
Act 2002), or
(b)
permit persons to search and inspect that register pursuant to
regulations made under section 128A of that Act.”
(8)
Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for
25the Adoption and Children Act Register not to apply to Wales and Scotland
and to remove the requirement to make provision for that register by Order in
Council, and other related amendments) has effect.
(1)
30Section 34 of the Children Act 1989 (parental contact etc with children in care)
is amended as follows.
(2)
In subsection (1), after “subject to the provisions of this section” insert “and
their duty under section 22(3)(a)”.
(3) After subsection (6) insert—
“(6A)
35Where (by virtue of an order under this section, or because subsection
(6) applies) a local authority in England are authorised to refuse to
allow contact between the child and a person mentioned in any of
paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1)
of that Schedule does not require the authority to endeavour to
40promote contact between the child and that person.”
(4) In subsection (8), before paragraph (a) insert—
“(za)
what a local authority in England must have regard to in
considering whether contact between a child and a person
mentioned in any of paragraphs (a) to (d) of subsection (1) is
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consistent with safeguarding and promoting the child’s
welfare;”.
(5)
In subsection (11) after “Before” insert “making, varying or discharging an
order under this section or”.
(1) After section 51 of the Adoption and Children Act 2002 insert—
(1) This section applies where—
(a)
10an adoption agency has placed or was authorised to place a
child for adoption, and
(b)
the court is making or has made an adoption order in respect of
the child.
(2)
When making the adoption order or at any time afterwards, the court
15may make an order under this section—
(a)
requiring the person in whose favour the adoption order is or
has been made to allow the child to visit or stay with the person
named in the order under this section, or for the person named
in that order and the child otherwise to have contact with each
20other, or
(b)
prohibiting the person named in the order under this section
from having contact with the child.
(3) The following people may be named in an order under this section—
(a)
any person who (but for the child’s adoption) would be related
25to the child by blood (including half-blood), marriage or civil
partnership;
(b) any former guardian of the child;
(c)
any person who had parental responsibility for the child
immediately before the making of the adoption order;
(d)
30any person who was entitled to make an application for an
order under section 26 in respect of the child (contact with
children placed or to be placed for adoption) by virtue of
subsection (3)(c), (d) or (e) of that section;
(e)
any person with whom the child has lived for a period of at least
35one year.
(4) An application for an order under this section may be made by—
(a)
a person who has applied for the adoption order or in whose
favour the adoption order is or has been made,
(b) the child, or
(c)
40any person who has obtained the court’s leave to make the
application.
(5)
In deciding whether to grant leave under subsection (4)(c), the court
must consider—
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(a)
any risk there might be of the proposed application disrupting
the child’s life to such an extent that he or she would be harmed
by it (within the meaning of the 1989 Act),
(b) the applicant’s connection with the child, and
(c) 5any representations made to the court by—
(i) the child, or
(ii)
a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.
(c)(c)any representations made to the court by—
(i) 10the child, or
(ii)
a person who has applied for the adoption order or in
whose favour the adoption order is or has been made.
(6)
When making an adoption order, the court may on its own initiative
make an order of the type mentioned in subsection (2)(b).
(7)
15The period of one year mentioned in subsection (3)(e) need not be
continuous but must not have begun more than five years before the
making of the application.
(8)
Where this section applies, an order under section 8 of the 1989 Act may
not make provision about contact between the child and any person
20who may be named in an order under this section.
(1) An order under section 51A—
(a) may contain directions about how it is to be carried into effect,
(b)
may be made subject to any conditions the court thinks
25appropriate,
(c)
may be varied or revoked by the court on an application by the
child, a person in whose favour the adoption order was made or
a person named in the order, and
(d) has effect until the child’s 18th birthday, unless revoked.
(2) 30Subsection (3) applies to proceedings—
(a) on an application for an adoption order in which—
(i)
an application is made for an order under section 51A,
or
(ii)
the court indicates that it is considering making such an
35order on its own initiative;
(b) on an application for an order under section 51A;
(c) on an application for such an order to be varied or revoked.
(3)
The court must (in the light of any rules made by virtue of subsection
(4))—
(a)
40draw up a timetable with a view to determining without delay
whether to make, (or as the case may be) vary or revoke an
order under section 51A, and
(b)
give directions for the purpose of ensuring, so far as is
reasonably practicable, that that timetable is adhered to.
(4) 45Rules of court may—
(a)
specify periods within which specified steps must be taken in
relation to proceedings to which subsection (3) applies, and
(b)
make other provision with respect to such proceedings for the
purpose of ensuring, so far as is reasonably practicable, that the
50court makes determinations about orders under section 51A
without delay.”
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(2)
In section 1 of the Adoption and Children Act 2002 (considerations applying to
the exercise of powers relating to the adoption of a child), in subsection (7)(a)
after “section 26” insert “or 51A”.
(3)
In section 26 of that Act (children placed, or authorised to be placed, for
5adoption: contact), omit subsection (5).
(4)
In section 96(3) of that Act (section 95 does not prohibit payment of legal or
medical expenses in connection with applications under section 26 etc) after
“26” insert “, 51A”.
(5)
In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after
10paragraph (ab) insert—
“(ac)
an order made under section 51A of the Adoption and Children
Act 2002 (post-adoption contact), other than an order varying or
revoking such an order;”.
(6)
In section 2 of that Act (jurisdiction of courts in England and Wales to make
15Part 1 orders: pre-conditions) after subsection (2B) insert—
“(2C)
A court in England and Wales shall not have jurisdiction to make an
order under section 51A of the Adoption and Children Act 2002
unless—
(a)
it has jurisdiction under the Council Regulation or the Hague
20Convention, or
(b)
neither the Council Regulation nor the Hague Convention
applies but the condition in section 3 of this Act is satisfied.”
(7)
In section 9 of the Children Act 1989, in subsection (5)(a) (restrictions on
making certain orders with respect to children) after “order” insert “or an order
25under section 51A of the Adoption and Children Act 2002 (post-adoption
contact)”.
(8)
In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of
application for service family child assessment order) before paragraph (e)
insert—
“(db)
30any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(9)
In section 18(7) of that Act (persons who may apply to vary or discharge a
service family child assessment order) before paragraph (e) insert—
“(db)
35any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(10)
In section 20(8) of that Act (persons who are to be allowed reasonable contact
with a child subject to a protection order) before paragraph (d) insert—
“(cb)
40any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child;”.
(11)
In section 22A(7) of that Act (persons who are to be allowed reasonable contact
with a child in service police protection) before paragraph (d) insert—
“(cb)
45any person in whose favour an order under section 51A of the
Adoption and Children Act 2002 (post-adoption contact) is in
force with respect to the child,”.