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Removal of children in non-agency cases |
| Restrictions on removal. |
32. - (1) This section applies at any time ("the relevant time") when a child's home is with any persons ("the people concerned") with whom the child is not placed by an adoption agency (including a Scottish or Northern Irish adoption agency).
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(2) If-
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(a) the people concerned have applied for an adoption order in respect of the child or an application for a placement order has been made in respect of the child, and |
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(b) the application has not been disposed of at the relevant time, |
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a person may only remove the child from the people concerned in the circumstances mentioned in subsection (7).
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(3) If the child's home has been with the people concerned-
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(a) where they are local authority foster parents, for a period of not less than one year ending with the relevant time, |
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(b) in any other case, for not less than three years (whether continuous or not) during the period of five years ending with the relevant time, |
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and the people concerned have given notice of intention to adopt, a person may only remove the child from them in the circumstances mentioned in subsection (7).
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(4) If subsection (3)(a) does not apply but the people concerned have given notice of intention to adopt-
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(a) a parent or guardian may only remove the child from the people concerned with the agreement of the authority to whom the notice was given or the court's leave, and |
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(b) a person other than a parent or guardian may only remove the child from the people concerned in the circumstances mentioned in subsection (7). |
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(5) For the purposes of subsections (3) and (4), a notice of intention to adopt is to be disregarded if-
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(a) the period of four months beginning with the giving of the notice has expired without the people concerned applying for an adoption order, or |
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(b) the notice is a second or subsequent notice of intention to adopt and was given during the period of five months beginning with the giving of the last preceding notice. |
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(6) If an adoption agency-
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(a) has a duty under section 18 to apply to the court for a placement order, or |
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(b) has applied to the court for a placement order and the application has not been disposed of, |
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a person may only remove the child from the people concerned in the circumstances mentioned in subsection (7).
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(7) The circumstances referred to in subsections (2) to (4) and (6) are that-
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(a) the court has given leave for the child to be removed by the person in question, |
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(b) the child is removed by a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act, or |
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(c) the child is arrested. |
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(8) Where a parent or guardian may remove a child from the people concerned under this section, the people concerned must at the request of the parent or guardian return the child to the parent or guardian at once.
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(9) A person who-
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(a) fails to comply with subsection (8), or |
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(b) removes a child in contravention of this section, |
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is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
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(10) This section applies whether or not the child concerned is in England and Wales.
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Breach of restrictions on removal |
| Recovery orders. |
33. - (1) This section applies where it appears to the court that a child has been removed in contravention of any of the preceding provisions of this Chapter or that there are reasonable grounds for believing that a person intends to remove a child in contravention of those provisions.
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(2) The court may, on the application of any person, by an order-
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(a) direct any person who is in a position to do so to produce the child on request to any person mentioned in subsection (4), |
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(b) authorise the removal of the child by any person mentioned in subsection (4), |
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(c) require any person who has information as to the child's whereabouts to disclose that information on request to any constable or officer of the court, or |
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(d) authorise a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary. |
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(3) Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
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(4) The persons referred to in subsection (2) are-
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(a) any person named by the court, |
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(c) any person who, after the order is made under that subsection, is authorised to exercise any power under the order by an adoption agency which is authorised to place the child for adoption. |
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(5) A person who intentionally obstructs a person exercising a power of removal conferred by the order, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(6) A person must comply with a request to disclose information as required by the order even if the information sought might constitute evidence that he had committed an offence.
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(7) But in criminal proceedings in which the person is charged with an offence (other than one mentioned in subsection (8))-
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(a) no evidence relating to the information provided may be adduced, and |
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(b) no question relating to the information may be asked, |
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by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of the person.
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(8) The offences excluded from subsection (7) are-
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(a) an offence under section 2 or 5 of the Perjury Act 1911 or Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), |
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(b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath). |
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(9) An order under this section has effect-
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(a) in relation to Scotland, as if it were an order of the Court of Session under section 29 of the Adoption (Scotland) Act 1978 (return of child taken away), |
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(b) in relation to Northern Ireland, as if it were an order of the High Court under Article 30 of the Adoption (Northern Ireland) Order 1987 (return of child taken away). |
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Preliminaries to adoption |
| Child to live with adopters before order is made. |
34. - (1) An application for an adoption order may not be made in a case where the child is placed for adoption with the applicant or applicants by an adoption agency or in pursuance of an order of the High Court unless at all times during the preceding ten weeks the child's home was with the applicant or, in the case of an application by a married couple, one or both of them.
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(2) In any other case, an application for an adoption order may not be made unless at all times during the preceding six months the child's home was with the applicant or, in the case of an application by a married couple, both of them.
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(3) An adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a married couple, both of them together in the home environment have been afforded-
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(a) where the child was placed for adoption with the applicant or applicants by an adoption agency, to that agency, or |
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(b) in any other case, to the local authority within whose area the home is. |
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(4) In this section and sections 35, 36 and 37(1)-
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(a) references to an adoption agency include a Scottish or Northern Irish adoption agency, |
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(b) references to a child placed for adoption by an adoption agency are to be read accordingly. |
| Reports where child placed by agency. |
35. Where an application for an adoption order relates to a child placed for adoption by an adoption agency, the agency must-
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(a) submit to the court a report on the suitability of the applicants and on any other matters relevant to the operation of section 1, and |
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(b) assist the court in any manner the court directs. |
| Condition for applying in non-agency cases. |
36. - (1) Prospective adopters wishing to adopt a child who is not placed for adoption with them by an adoption agency may not apply to adopt the child unless the child's home has been with them-
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(a) where they are local authority foster parents, for a period of not less than one year ending with the application, |
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(b) in any other case, for not less than three years (whether continuous or not) during the period of five years ending with the application, |
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or the court gives leave to make the application.
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(2) This section does not apply-
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(a) to a prospective adopter who is a step parent, |
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(b) to a child who is placed for adoption in pursuance of an order of the High Court. |
| Notification to local authority of applications in non-agency cases. |
37. - (1) This section applies where persons (referred to in this section as "proposed adopters") wish to adopt a child who is not placed for adoption with them by an adoption agency.
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(2) An adoption order may not be made in respect of the child unless the proposed adopters have given notice to the appropriate local authority of their intention to apply for the adoption order (referred to in this Act as a "notice of intention to adopt").
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(3) The notice must be given not more than two years, or less than three months, before the date on which the application for the adoption order is made.
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(4) On receipt of a notice of intention to adopt, the local authority must investigate the matter and submit to the court a report of their investigation.
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(5) In particular, the local authority must, so far as is practicable, investigate the suitability of the proposed adopters and any other matters relevant to the operation of section 1 in relation to the application.
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(6) Where the proposed adopters are local authority foster parents, they may not give notice of intention to adopt unless-
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(a) for a period of not less than one year ending with the giving of the notice, the child's home has been with them, or |
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(b) the court gives leave. |
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(7) A local authority which receive a notice of intention to adopt in respect of a child whom they know was (immediately before the notice was given) looked after by another local authority must, not more than seven days after the receipt of the notice, inform the other local authority in writing that they have received the notice.
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(8) In this section, references to the appropriate local authority, in relation to any proposed adopters, are to the local authority for the area in which, at the time of giving the notice of intention to adopt, they have their home.
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