Adoption and Children Act (Northern Ireland) 2022

PART 1 — Adoption

CHAPTER 1 — Introductory

Considerations applying to the exercise of powers

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• (1) This section applies whenever a court or adoption agency is coming to a decision relating to the adoption of a child.

• (2) The paramount consideration of the court or adoption agency must be the child’s welfare, throughout the life of the child.

• (3) The court or adoption agency must at all times bear in mind that, in general, any delay in coming to the decision is likely to prejudice the child’s welfare.

• (4) The court or adoption agency must have regard to the following matters (among others)—

• (a) the value to the child of a stable and harmonious family unit;

• (b) the child’s particular needs;

• (c) the likely effect on the child (throughout the life of the child) of having ceased to be a member of the original family and become an adopted person;

• (d) the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant;

• (e) any harm (within the meaning of the Children Order) which the child has suffered or is at risk of suffering;

• (f) the child’s ascertainable wishes and feelings regarding the decision (considered in the light of the child’s age and understanding);

• (g) the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including—

• (i) the likelihood of any such relationship continuing and the value to the child of its doing so;

• (ii) the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs;

• (iii) the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child.

• (5) In placing the child for adoption, the adoption agency must give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background.

• (6) The court or adoption agency must always consider the whole range of powers available to it in the child’s case (whether under this Act or the Children Order); and the court must not make any order under this Act unless it considers that making the order would be better for the child than not doing so.

• (7) In this section “coming to a decision relating to the adoption of a child”, in relation to a court, includes—

• (a) coming to a decision in any proceedings where the orders that might be made by the court include an adoption order (or the revocation of such an order), a placement order (or the revocation of such an order) or an order under section 23 or 49 (or the revocation or variation of such an order); and

• (b) coming to a decision about granting leave in respect of any action (other than the initiation of proceedings in any court) which may be taken by an adoption agency or individual under this Act,

but does not include coming to a decision about granting leave in any other circumstances.

• (8) For the purposes of this section—

• (a) references to relationships are not confined to legal relationships;

• (b) references to a relative, in relation to a child, include the child’s mother and father.

CHAPTER 2 — The Adoption Service

The Adoption Service

Basic definitions

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• (1) The services maintained under section 4(1) may be collectively referred to as “the Adoption Service”.

• (2) In this Act—

• “adoption agency” means an adoption authority or an appropriate voluntary organisation;

• “adoption society” means a body whose functions consist of or include making arrangements for the adoption of children;

• “adoption authority” is to be construed in accordance with section 3.

• (3) In this Act “appropriate voluntary organisation” means a voluntary organisation which is an adoption society in respect of which a person is registered; but in relation to the provision of any facility of the Adoption Service, references to an appropriate voluntary organisation or to an adoption agency do not include an adoption society if the registration is not in respect of that facility.

• (4) Registration in respect of an adoption society is to be treated as being in respect of any facility of the Adoption Service unless it is a condition of the registration that that facility is not provided.

• (5) In subsections (3) and (4)—

• “registered” means registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “registration” means registration under that Order.

• (6) In this Act “adoption support services” means—

• (a) counselling, advice and information; and

• (b) such other services as may be prescribed,

in relation to adoption.

• (7) The power to make regulations under subsection (6)(b) is to be exercised so as to secure that adoption authorities provide financial support.

• (8) In this Chapter references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the United Kingdom, the Channel Islands and the Isle of Man.

Adoption authority

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• (1) Every HSC trust is the adoption authority in relation to its area.

• (2) But regulations may provide that in relation to prescribed functions or services under this Act another HSC trust is to be the adoption authority in relation to that area.

• (3) In this Act—

• “HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 except the Northern Ireland Ambulance Service Health and Social Care Trust; and

• references to the area of an HSC trust are to its operational area as specified under paragraph 3A of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.

• (4) Regulations may amend the definition of “HSC trust” in subsection (3).

The Adoption Service

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• (1) An adoption authority must maintain a service designed to meet the needs, in relation to adoption, of—

• (a) children who may be adopted, their parents and guardians;

• (b) persons wishing to adopt a child; and

• (c) adopted persons, their parents, natural parents and former guardians;

and for that purpose must provide the requisite facilities.

• (2) Those facilities must include making, and participating in, arrangements—

• (a) for the adoption of children; and

• (b) for the provision of adoption support services.

• (3) As part of the service, the arrangements made for the purposes of subsection (2)(b)—

• (a) must extend to the provision of adoption support services to persons who are within a prescribed description;

• (b) may extend to the provision of those services to other persons.

• (4) An adoption authority may provide any of the requisite facilities by securing their provision by—

• (a) an appropriate voluntary organisation or in relation to the provision of adoption support services of a prescribed description a voluntary organisation; or

• (b) other persons who are within a prescribed description of persons who may provide the facilities in question.

• (5) The facilities of the service must be provided in conjunction with any other social care provided by the adoption authority, with appropriate voluntary organisations and with voluntary organisations providing facilities under subsection (4)(a), so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.

• (6) In this section “social care” has the meaning given by section 2(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (and, in particular, social care in so far as it relates to children).

Assessments etc. for adoption support services

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• (1) An adoption authority must at the request of—

• (a) any of the persons mentioned in paragraphs (a) to (c) of section 4(1), or

• (b) any other person who falls within a prescribed description (subject to subsection (8)(a)),

carry out an assessment of that person’s needs for adoption support services.

• (2) An adoption authority may, at the request of any person, carry out an assessment of that person’s needs for adoption support services.

• (3) An adoption authority may request the help of the persons mentioned in paragraph (a) or (b) of section 4(4) in carrying out an assessment.

• (4) Where, as a result of an assessment, an adoption authority decides that a person has needs for adoption support services, the adoption authority must then decide whether to provide any such services to that person, subject to subsection (5).

• (5) An adoption authority must provide adoption support services to a person under subsection (4) where—

• (a) that person is a child who may be adopted;

• (b) that person is a parent or guardian of a child who may be adopted;

• (c) that person is a person wishing to adopt a child;

• (d) that person is an adopted person;

• (e) that person is a parent, natural parent or former guardian of an adopted person; or

• (f) that person is within a prescribed description.

• (6) If—

• (a) an adoption authority decides to provide any adoption support services to a person under subsection (4) or is under a duty to do so by virtue of subsection (5); and

• (b) the circumstances fall within a prescribed description,

the adoption authority must prepare a plan in accordance with which adoption support services are to be provided to the person and keep the plan under review.

• (7) Regulations may make provision about assessments, preparing and reviewing plans, the provision of adoption support services in accordance with plans and reviewing the provision of adoption support services.

• (8) The regulations may in particular make provision—

• (a) as to the circumstances in which a person mentioned in paragraph (b) of subsection (1) is to have a right to request an assessment of that person’s needs in accordance with that subsection;

• (b) about the type of assessment which, or the way in which an assessment, is to be carried out;

• (c) about the way in which a plan is to be prepared;

• (d) about the way in which, and time at which, a plan or the provision of adoption support services is to be reviewed;

• (e) about the considerations to which an adoption authority is to have regard in carrying out an assessment or review or preparing a plan;

• (f) as to the circumstances in which an adoption authority may provide adoption support services subject to conditions;

• (g) as to the consequences of conditions imposed by virtue of paragraph (f) not being met (including the recovery of any financial support provided by an adoption authority);

• (h) as to the circumstances in which this section may apply to an adoption authority in respect of persons who are outside its area;

• (i) as to the circumstances in which an adoption authority may recover from another adoption authority the expenses of providing adoption support services to any person.

• (9) An adoption authority may carry out an assessment of the needs of any person under this section at the same time as an assessment of that person’s needs is made under any other statutory provision.

• (10) If at any time during the assessment of the needs of any person under this section, it appears to an adoption authority that there may be a need for the provision of services to that person—

• (a) by another health and social care body (within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009); or

• (b) by the Education Authority,

the adoption authority must notify the body or the Education Authority, as the case may be.

• (11) Where it appears to an adoption authority that another public body could, by taking any specified action, help in the exercise of any of the adoption authority’s functions under this section, the adoption authority may request the help of that body, specifying the action in question.

• (12) A public body whose help is so requested must comply with the request if it is consistent with the exercise of its functions.

Adoption support services: duty to provide information

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• (1) Except in prescribed circumstances, an adoption authority must provide the information specified in subsection (2) to—

• (a) any person who has contacted the adoption authority to request information about adopting a child;

• (b) any person who has informed the adoption authority that he or she wishes to adopt a child;

• (c) any person within the adoption authority’s area who the adoption authority is aware is a parent of an adopted child; and

• (d) any person within the adoption authority’s area who is a parent of an adopted child and has contacted the adoption authority to request any of the information specified in subsection (2).

• (2) The information is—

• (a) information about the adoption support services available to people in the adoption authority’s area;

• (b) information about the right to request an assessment under section 5 (assessments etc. for adoption support services), and the adoption authority’s duties under that section and regulations made under it; and

• (c) any other information prescribed by regulations.

Arrangements on cancellation of registration

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• (1) Where, by virtue of the cancellation of its registration, a body has ceased to be an appropriate voluntary organisation, the Department may direct the body to make such arrangements as to the transfer of the body’s functions relating to children and other transitional matters as seem to the Department expedient.

• (2) In this section “registration” means registration under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Inactive or defunct adoption societies, etc.

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• (1) This section applies where it appears to the Department that—

• (a) a body which is or has been an appropriate voluntary organisation is inactive or defunct, or

• (b) a body which has ceased to be an appropriate voluntary organisation by virtue of the cancellation of its registration has not made such arrangements for the transfer of its functions relating to children as are specified in a direction given by the Department.

• (2) The Department may, in relation to such functions of the body as relate to children, direct what appears to it to be the appropriate adoption authority to take any such action as might have been taken by the body or by the body jointly with the authority.

• (3) An adoption authority is entitled to take any action which—

• (a) apart from this subsection the authority would not be entitled to take, or would not be entitled to take without joining the body in the action, but

• (b) the authority is directed to take under subsection (2).

• (4) The Department may charge the body for expenses necessarily incurred by the Department or on its behalf in securing the transfer of the body’s functions relating to children.

• (5) Before giving a direction under subsection (2) the Department must, if practicable, consult both the body and the adoption authority.

• (6) In this section “registration” means registration under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Regulations

General power to regulate adoption agencies

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• (1) Regulations may make provision for any purpose relating to the exercise by adoption agencies of their functions in relation to adoption.

• (2) The extent of the power to make regulations under this section is not limited by sections 10 to 12, 42, 53, 55 to 64 and 102 or by any other powers exercisable in respect of adoption agencies.

• (3) Regulations may provide that a person who contravenes or fails to comply with any provision of regulations under this section is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Management, etc., of agencies

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• (1) In relation to adoption agencies, regulations under section 9 may make provision as to—

• (a) the persons who are fit to work for them for the purposes of their functions relating to adoption;

• (b) the fitness of premises;

• (c) the management and control of their operations;

• (d) the number of persons, or persons of any particular type, working for the purposes of those functions;

• (e) the management and training of persons working for the purposes of those functions;

• (f) the keeping of information.

• (2) Regulations made by virtue of subsection (1)(a) may, in particular, make provision for prohibiting persons from working in prescribed positions unless they are registered in, or in a particular part of, the register maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001.

• (3) In relation to appropriate voluntary organisations, regulations under section 9 may—

• (a) make provision as to the persons who are fit to manage an appropriate voluntary organisation, including provision prohibiting persons from doing so unless they are registered as mentioned in subsection (2);

• (b) impose requirements as to the financial position of an appropriate voluntary organisation;

• (c) make provision requiring the appointment of a manager;