APPENDIX 6: LETTER TO THE CHAIRMAN
FROM THE PARLIAMENTARY UNDER SECRETARY OF STATE FOR CHILDREN AND
FAMILIES DATED 7 NOVEMBER 2012
Draft Clauses on Adoption
I am writing to draw your attention to the command
paper that the Government is publishing today which contains two
draft clauses which would reduce delay for children for whom adoption
is the plan. The Welsh Government has decided that it does not
want the clauses to apply in Wales.
I understand that your Committee is intending to
carry out pre-legislative scrutiny of these draft clauses. I very
much welcome this as the work that your Committee has done so
far in considering existing adoption legislation will give you
a valuable perspective on these draft clauses.
One of these clauses will amend section 1(5) of the
Adoption and Children Act 2002 to remove the requirement on adoption
agencies to give due consideration to a child's religious persuasion,
racial origin and cultural and linguistic background when placing
the child for adoption.
There would be no changes to the requirement of adoption
agencies to make the child's welfare throughout his or her life
their paramount consideration and to have regard to the welfare
checklist when placing a child for adoption.
The other clause would amend section 22C of the Children
Act 1989 to create a new duty on local authorities to give preference
to a "Fostering for Adoption" placement. This would
apply when they have decided that a child should be placed for
adoption with particular prospective adopters but where there
is no authority to place the child for adoption. This would be
where the court has yet to make a decision on an application for
a placement order. The placement would be a foster placement,
only changing to an adoptive placement if a placement order is
made.
I attach, for your information, a copy of the Statement
I am making to the House today and a copy of the command paper.
I am confident that the reforms we are introducing,
which include these clauses, will change practice so that we see
more children living with their prospective adoptive families
earlier, giving them a better chance of leading full and happy
lives.
I welcome the Committee's continued interest in this
policy area and look forward to your views on these important
reforms. I also look forward to meeting the committee to discuss
adoption legislation on 4 December.
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