S.I. 2004/1868: memorandum from
the Department for Education and Skills
Independent Review of Determinations (Hague Convention
Adoptions and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1868)
1. The Committee has requested that the Department
for Education and Skills submit a memorandum on the following
point:
New paragraph (4)(c) of regulation 10 of the 2003
Regulations (as substituted by regulation 2(3)(b)) requires the
adoption agency to notify the prospective adopter that he may
take certain steps "within 28 days". Is it intended
that the 28-day period should begin from the date which appears
on the notification, the date when the notification was sent to,
or the date when it was received by, the prospective adopter?
2. The intention is that the 28 day period should
begin from the date which appears on the notification. The Department
accepts that this intention is not entirely clear from the 2003
Regulations, although that intention is made clear in the standard
notification letter sent to prospective adopters, which forms
part of guidance issued to local authorities by the Department.
3. The Department will amend the 2003 Regulations
at the next available opportunity to remove this ambiguity.
18th October 2004
