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Adoption and Children Act (Northern Ireland) 2022

Type Act of the Northern Ireland Assembly

Publication 2022-04-27

Last updated 2024-11-01

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(14A⁠) (1) A “special guardianship order” is an order appointing one or more persons to be a child’s “special guardian” (or special guardians). (2) A special guardian— (a) must be aged 18 or over; and (b) must not be a parent of the child in question, and paragraphs (3) to (6) are to be read in that light. (3) The court may make a special guardianship order with respect to any child on the application of a person who— (a) is entitled to make such an application with respect to the child; or (b) has obtained the leave of the court to make the application, or on the joint application of more than one such person. (4) The persons who are entitled to apply for a special guardianship order with respect to a child are— (a) any guardian of the child with whom the child has lived for a period of at least one year immediately preceding the application; (b) any person in whose favour a residence order is in force with respect to the child and with whom the child has lived for a period of at least one year immediately preceding the application; (c) any person listed in paragraph (5)(b) of Article 10 (as read with paragraph (10) of that Article); (d) any person listed in paragraph (5)(c) of Article 10 and with whom the child has lived for a period of at least one year immediately preceding the application; (e) an authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application; (f) a relative with whom the child has lived for a period of at least one year immediately preceding the application. (5) A person may not apply for leave to make an application for a special guardianship order with respect to a child unless the child concerned has lived with the person who may be appointed as the child’s special guardian for a period of at least one year immediately preceding the application. (6) The court may also make a special guardianship order with respect to a child— (a) in any family proceedings in which a question arises with respect to the welfare of the child if an application for the order has been made by a person who falls within paragraph (3)(a) or (b) (or more than one such person jointly); or (b) in any proceedings on an application for a care or supervision order in which a question arises with respect to the welfare of the child if the court considers that a special guardianship order should be made even though no such application has been made. (7) No person may make any application under paragraph (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, the person has given written notice of intention to make the application— (a) if the child in question is being looked after by an authority, to that authority; or (b) otherwise, to the authority in whose area the person is ordinarily resident. (8) On receipt of such a notice, the authority must investigate the matter and prepare a report for the court dealing with— (a) the suitability of the applicant to be a special guardian; (b) such matters (if any) as may be prescribed; and (c) any other matter which the authority considers to be relevant. (9) The court may itself ask an authority to conduct such an investigation and prepare such a report, and the authority must do so. (10) If the child in question is being looked after by an authority, a report referred to in paragraph (8) or (9) must be prepared in accordance with prescribed arrangements. (11) The authority may make such arrangements as it sees fit for any person to act on its behalf in connection with conducting an investigation or preparing a report referred to in paragraph (8) or (9). (12) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in paragraph (8). (13) Paragraphs (8) and (9) of Article 10 apply in relation to special guardianship orders as they apply in relation to Article 8 orders. (14) This Article is subject to section 26(5) and (6) of the Adoption and Children Act (Northern Ireland) 2022. (14B⁠⁠) (1) Before making a special guardianship order, the court must consider whether, if the order were made— (a) a contact order should also be made with respect to the child; and (b) any Article 8 order in force with respect to the child should be varied or discharged. (2) On making a special guardianship order, the court may also— (a) give leave for the child to be known by a new surname; (b) grant the leave required by Article 14C(3)(b), either generally or for specified purposes. (14C⁠⁠) (1) The effect of a special guardianship order is that while the order remains in force— (a) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and (b) subject to any other order in force with respect to the child under this Order, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). (2) Paragraph (1) does not affect— (a) the operation of any statutory provision or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or (b) any rights which a parent of the child has in relation to the child’s adoption or placement for adoption. (3) While a special guardianship order is in force with respect to a child, no person may— (a) cause the child to be known by a new surname; or (b) remove the child from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. (4) Paragraph (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of the child. (5) If the child with respect to whom a special guardianship order is in force dies, the special guardian of the child must take reasonable steps to give notice of that fact to— (a) each parent of the child with parental responsibility; and (b) each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian. (6) This Article is subject to section 26(7) of the Adoption and Children Act (Northern Ireland) 2022. (14D) (1) The court may vary or discharge a special guardianship order on the application of— (a) the special guardian (or any of them, if there are more than one); (b) any parent or guardian of the child concerned; (c) any person in whose favour a residence order is in force with respect to the child; (d) any person not falling within any of sub-paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child; (e) the child; or (f) an authority designated in a care order with respect to the child. (2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under paragraph (1). (3) The following must obtain the leave of the court before making an application under paragraph (1)— (a) the child; (b) any parent or guardian of the child; (c) any step-parent of the child who has acquired, and has not lost, parental responsibility for the child by virtue of Article 7(1A); (d) any person falling within paragraph (1)(d) who, immediately before the making of the special guardianship order had, but no longer has, parental responsibility for the child. (4) Where the person applying for leave to make an application under paragraph (1) is the child, the court may only grant leave if it is satisfied that the child has sufficient understanding to make the proposed application under paragraph (1). (5) The court may not grant leave to a person falling within paragraph (3)(b), (c) or (d) unless it is satisfied that there has been a change in circumstances since the making of the special guardianship order. (14E) (1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court must (in the light of any rules made by virtue of paragraph (3))— (a) draw up a timetable with a view to determining the question without delay; and (b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to. (2) Paragraph (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises. (3) The power to make rules of court in paragraph (2) of Article 11 applies for the purposes of this Article as it applies for the purposes of Article 11. (4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period. (5) Article 11(7) (apart from sub-paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to Article 8 orders. (14F) (1) Each authority must make arrangements for the provision within its area of special guardianship support services, which means— (a) counselling, advice and information; and (b) such other services as are prescribed, in relation to special guardianship. (2) The power to make regulations under paragraph (1)(b) is to be exercised so as to secure that authorities provide financial support. (3) An authority must at the request of— (a) a relevant child; (b) a special guardian of a relevant child; (c) a prospective special guardian of a relevant child; (d) a parent of a relevant child; or (e) any other person who falls within a prescribed description (subject to sub-paragraph (a) of paragraph (10)), carry out an assessment of that person’s needs for special guardianship support services. (4) In paragraph (3)— (a) “relevant child” means a child in respect of whom— (i) a special guardianship order is in force; (ii) a person has given notice to an authority under Article 14A(7) of intention to make an application for a special guardianship order; or (iii) a court is considering whether a special guardianship order should be made and has asked an authority to conduct an investigation and prepare a report under Article 14A(9); (b) “prospective special guardian” means a person— (i) who has given notice to an authority under Article 14A(7) of the person’s intention to make an application for a special guardianship order; or (ii) in respect of whom a court has requested that an authority conduct an investigation and prepare a report under Article 14A(9). (5) An authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services. (6) Where, as a result of an assessment, an authority decides that a person has needs for special guardianship support services, it must then decide whether to provide any such services to that person, subject to paragraph (7). (7) An authority must provide special guardianship support services to a person under paragraph (6) where that person falls within— (a) any of sub-paragraphs (a) to (d) of paragraph (3); or (b) a prescribed description. (8) If— (a) an authority decides to provide any special guardianship support services to a person under paragraph (6) or is under a duty to do so by virtue of paragraph (7); and (b) the circumstances fall within a prescribed description, the authority must prepare a plan in accordance with which special guardianship support services are to be provided to that person, and keep the plan under review. (9) The Department may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services. (10) The regulations may in particular make provision— (a) as to the circumstances in which a person mentioned in sub-paragraph (e) of paragraph (3) is to have a right to request an assessment of that person’s needs in accordance with that paragraph; (b) about the type of assessment which is to be carried out, 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 the time at which, a plan or the provision of special guardianship support services is to be reviewed; (e) about the considerations to which an authority is to have regard in carrying out an assessment or review or preparing a plan; (f) as to the circumstances in which an authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support); (g) as to the consequences of conditions imposed by virtue of sub-paragraph (f) not being met (including the recovery of any financial support provided); (h) as to the circumstances in which this Article may apply to an authority in respect of persons who are outside that authority’s area; (i) as to the circumstances in which an authority may recover from another authority the expenses of providing special guardianship support services to any person. (11) An authority may provide special guardianship support services (or any part of them) by securing their provision by— (a) another authority; or (b) a person within a prescribed description of persons who may provide special guardianship support services, and may also arrange with another authority or any such person for that other authority or that person to carry out the authority’s functions in relation to assessments under this Article. (12) An authority may carry out an assessment of the needs of any person for the purposes of this Article at the same time as an assessment of the person’s needs is made under any other provision of this Order or under any other statutory provision. (13) Article 46 (co-operation between authorities and other bodies) applies in relation to the exercise of functions of an authority under this Article as it applies in relation to the exercise of functions of an authority under Part 4.

(2) In Article 3 of that Order (child’s welfare to be paramount consideration), in paragraph (4)(b), after “discharge” insert “a special guardianship order or”.

(3) In Article 57 of that Order (interim orders), after paragraph (3) insert—

(3A) Where, in any proceedings on an application for a care or a supervision order, a court makes a special guardianship order with respect to the child concerned, it may also make an interim supervision order with respect to the child if it considers it necessary to do so to satisfactorily safeguard the child’s welfare.

(4) In Article 159 of that Order (appointment of guardians by court), in paragraph (1)—

(a) in sub-paragraph (b), for “or guardian” substitute “, guardian or special guardian”; and

(b) at the end of sub-paragraph (b) add—

; or (c) sub-paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.

(5) In Article 160 of that Order (appointment of guardians by parent or guardian)—

(a) in paragraph (2), at the end add “; and a special guardian of a child may appoint another person to be the child’s guardian in the event of the special guardian’s death”; and

(b) in paragraph (5), at the end of sub-paragraph (b) add “or the person was the child’s only (or last surviving) special guardian”.

Ascertainment of children’s wishes

120

(1) In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others) after paragraph (4) insert—

(4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on it by this Article, an authority must, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings regarding the provision of those services; and (b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.

(2) In Article 21 of the Children Order (provision of accommodation for children: general), in sub-paragraphs (a) and (b) of paragraph (6) after “wishes” insert “and feelings”.

(3) In Article 66 of the Children Order (authority’s duty to investigate), after paragraph (5) insert—

(5A) For the purposes of making a determination under this Article as to the action to be taken with respect to a child, an authority must, so far as is reasonably practicable and consistent with the child’s welfare— (a) ascertain the child’s wishes and feelings regarding the action to be taken with respect to the child; and (b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.

Provision of services to children in need, etc.

121

(1) In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others), for paragraph (6) substitute—

(6) The services provided by an authority in the exercise of functions conferred on it by this Article may include— (a) giving assistance in kind; (b) subject to paragraph (6A), giving assistance in cash; (c) in the case of an eligible child and subject to paragraph (6B), providing accommodation. (6A) In deciding whether to give assistance in cash, the authority must have regard to any guidance provided by the Department. (6B) In providing accommodation, the authority must have regard to any guidance provided by the Department. (6C) In paragraph (6) “eligible child” means a child who is not being looked after by an authority and— (a) is disabled; or (b) falls within a prescribed category.

(2) In Article 25 of the Children Order (interpretation), in paragraph (2) (accommodation), before “34C” insert “18,”.

Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training

122

(1) In Article 26 of the Children Order (general duty of authority), after paragraph (1) insert—

(1A) The duty of an authority under paragraph (1)(a) to safeguard and promote the welfare of a child looked after by the authority includes in particular a duty to promote, facilitate and support the child’s — (a) learning and development; and (b) achievement in relation to education or training.

(2) In Article 27 of the Children Order (accommodation and maintenance for children), in paragraph (8)—

(a) at the end of sub-paragraph (a), omit the word “and”;

(b) at the end of sub-paragraph (b) add

; and (c) the child’s education or training will not be disrupted.

Corporate parenting principles

123

After Article 26 of the Children Order (general duty of authority) insert—

(26A) (1) An authority must, in carrying out functions in relation to persons to whom this Article applies, have regard to the need— (a) to act in their best interests, and promote their well-being; (b) to encourage them to express their views, wishes and feelings; (c) to take into account their views, wishes and feelings; (d) to help them gain access to, and make the best use of, services provided by the authority and any relevant partner; (e) to promote high aspirations, and seek to secure the best outcomes, for them; (f) for them to be safe, and for stability in their home lives, relationships and education or work; and (g) to prepare them for adulthood and independent living. (2) This Article applies to— (a) children who are looked after by an authority; (b) relevant children within the meaning given by Article 34B(2); and (c) persons aged under 25 (or such other age as may be prescribed) who are former relevant children within the meaning given by Article 34D(1). (3) In this Article— - “relevant partner” means— children’s authority within the meaning given by section 9 of the Children’s Services Co-operation Act (Northern Ireland) 2015; other children’s service provider within the meaning given by section 9 of the Children’s Services Co-operation Act (Northern Ireland) 2015; - “well-being” has the meaning given by section 1 of the Children’s Services Co-operation Act (Northern Ireland) 2015. (4) An authority must have regard to any guidance given by the Department as to the performance of the duty under paragraph (1).

Placement of looked after children with prospective adopters

124

In Article 27 of the Children Order (accommodation and maintenance for children), after paragraph (9) insert—

(9A) Paragraph (9B) applies (subject to paragraph (9C)) where an authority— (a) is considering adoption for a child; or (b) is satisfied that a child ought to be placed for adoption but is not authorised under section 16 of the Adoption and Children Act (Northern Ireland) 2022 (placing children with parental consent) or by virtue of section 18 of that Act (placement orders) to place the child for adoption. (9B) Where this paragraph applies— (a) paragraphs (7A) to (9) do not apply to the authority; (b) the authority must consider placing the child with a person who— (i) falls within paragraph (7)(b); and (ii) is approved as an authority foster parent; and (c) where the authority decides that such a placement is not the most appropriate placement for the child, the authority must consider placing the child with a person who— (i) is approved as a prospective adopter; and (ii) is approved as an authority foster parent. (9C) Paragraph (9B) does not apply where an authority has applied for a placement order under section 18 of the Adoption and Children Act (Northern Ireland) 2022 in respect of the child and the application has been refused. (9D) In paragraph (9B)— - “approved as a prospective adopter” means approved as such in accordance with regulations made under section 9 of the Adoption and Children Act (Northern Ireland) 2022; - “approved as an authority foster parent” means approved as such in accordance with regulations made under Article 28A.

Accommodation for children: requirements

125

(1) Article 27 of the Children Order (accommodation and maintenance for children) is amended as follows.

(2) In paragraph (2)(aa) after “him” insert “(subject to any regulations made by the Department)”.

(3) After paragraph (7) insert—

(7A) The Department may by regulations impose requirements which an authority must comply with before making any decision concerning the provision of accommodation for a child whom it is looking after.

(4) In Article 28 of the Children Order (regulations under Article 27), after paragraph (3) insert—

(4) Regulations under Article 27(7A) may, in particular, impose requirements which an authority must comply with— (a) before making any decision concerning the provision of accommodation for a child whom it is looking after, which could disrupt the child’s education; (b) before making any decision to provide a child whom it is looking after with accommodation at a place outside the area of the authority; or (c) if a child’s welfare requires the immediate provision of accommodation at a place outside the area of the authority, within such period of the accommodation being provided as may be prescribed.

Authority foster parents

126

After Article 28 of the Children Order (regulations under Article 27) insert—

(28A) (1) Regulations under Article 27(2)(a) may, in particular, make provision— (a) for securing that a child is not placed with an authority foster parent unless that person is approved as an authority foster parent in accordance with prescribed arrangements; (b) establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Department for a review of that determination by a panel constituted by the Department. (2) A determination is a qualifying determination if— (a) it relates to the issue of whether a person should be approved, or should continue to be approved, as an authority foster parent; and (b) it is of a prescribed description. (3) Regulations under paragraph (1)(b) may include provision as to— (a) the duties and powers of a panel; (b) the administration and procedures of a panel; (c) the appointment of persons who may be members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment); (d) the payment of fees to members of a panel; (e) the duties of any person in connection with reviews conducted under the regulations; (f) the monitoring of any such reviews. (4) Regulations made by virtue of paragraph (3)(e) may impose a duty to pay to the Department such sum as the Department may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination. (5) The Department must secure that, taking one financial year with another, the aggregate of the sums which become payable to the Department under regulations made by virtue of paragraph (4) does not exceed the cost to the Department of performing independent review functions. (6) The Department may make an arrangement with an organisation under which independent review functions are performed by the organisation on behalf of the Department. (7) If the Department makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any directions given by the Department. (8) The arrangement may include provision for payments to be made to the organisation by the Department. (9) Payments made by the Department in accordance with such provision are to be taken into account in determining (for the purpose of paragraph (5)) the cost to the Department of performing independent review functions. (10) In this Article— - “independent review function” means a function conferred or imposed on the Department by regulations made by virtue of paragraph (1)(b); - “organisation” includes a public body and a private or voluntary organisation.

Duty to ensure visits to and advice etc. for children

127

After Article 28A of the Children Order (as inserted by section 126) insert—

(28B) (1) This Article applies to a child looked after by an authority. (2) The authority must— (a) ensure that the child is visited by a representative of the authority (“a representative”); (b) arrange for appropriate advice, support and assistance to be available to the child if the child seeks it from the authority. (3) The duties imposed by paragraph (2)— (a) are to be discharged in accordance with any regulations made for the purposes of this Article by the Department; (b) are subject to any requirement imposed by or under a statutory provision applicable to the place in which the child is accommodated. (4) Regulations under this Article for the purposes of paragraph (3)(a) may make provision about— (a) the frequency of visits; (b) circumstances in which the child must be visited by a representative; and (c) the functions of a representative. (5) In choosing a representative an authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

Former relevant children: continuing functions

128

(1) After Article 34A of the Children Order (preparation for ceasing to be looked after) insert—

(34AA) (1) This Article applies to an eligible child (within the meaning of Article 34A) who has been placed by an authority with an authority foster parent. (2) When carrying out the assessment of the child’s needs in accordance with Article 34A(5), the authority must determine whether it would be appropriate to provide advice, assistance and support under this Order in order to facilitate a continuing care arrangement, and with a view to maintaining such an arrangement, after the authority ceases to look after the child. (3) The authority must provide advice, assistance and support under this Order in order to facilitate a continuing care arrangement if— (a) the authority determines under paragraph (2) that it would be appropriate to do so; and (b) the eligible child and the authority foster parent wish to make a continuing care arrangement. (4) In this Article, “continuing care arrangement” has the meaning given by Article 34DA.

(2) After Article 34D of that Order (continuing functions in respect of former relevant children) insert—

(34DA) (1) Each authority has the duties provided for in paragraph (3) in relation to a continuing care arrangement. (2) A “continuing care arrangement” is an arrangement under which— (a) a person who is a former relevant child by virtue of Article 34D(1)(b); and (b) a person (“a former foster parent”) who was the former relevant child’s authority foster parent immediately before the former relevant child ceased to be looked after by the authority, continue to live together after the former relevant child has ceased to be looked after. (3) The authority must (in discharging duties under Article 34D(3) and by other means)— (a) monitor the continuing care arrangement; and (b) provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the continuing care arrangement. (4) Support provided to the former foster parent under paragraph (3)(b) must include financial support. (5) Paragraph (3)(b) does not apply if the authority considers that the continuing care arrangement is not consistent with the welfare of the former relevant child. (6) The duties set out in paragraph (3) subsist until the former relevant child reaches the age of 21. (7) The duties set out in paragraph (3) cease if the continuing care arrangement is brought to an end by the former relevant child or the former foster parent.

(3) After Article 34DA of that Order (inserted by subsection (2)) insert—

(34DB) (1) This Article applies to a former relevant child if— (a) the former relevant child has reached the age of 21 but not 25 (or such other age as may be prescribed); and (b) an authority had duties towards the former relevant child under Article 34D (whether or not those duties subsist as a result of paragraph (7) of that Article). (2) If the former relevant child informs the authority that he or she wishes to receive advice and support under this Article, paragraphs (3) to (6) apply to the authority. (3) The authority must provide the former relevant child with a personal adviser until the former relevant child— (a) reaches the age of 25 (or such other age as may be prescribed under paragraph (1)(a)); or (b) if earlier, informs the authority that he or she no longer wants a personal adviser. (4) The authority must— (a) carry out an assessment in relation to the former relevant child under paragraph (5); and (b) prepare a pathway plan for the former relevant child. (5) An assessment under this paragraph is an assessment of the needs of the former relevant child with a view to determining— (a) whether any services offered by the authority (under this Order or otherwise) may assist in meeting the former relevant child’s needs; and (b) if so, what advice and support it would be appropriate for the authority to provide for the purpose of helping the former relevant child to obtain those services. (6) The authority must provide the former relevant child with the advice and support that it has determined as being appropriate to provide under paragraph (5)(b). (7) Where a former relevant child to whom this Article applies is receiving advice and support under this Article, the authority may continue to provide advice and support after the former relevant child has reached the age of 25 (or such other age as may be prescribed under paragraph (1)(a)) if the authority is satisfied that the former relevant child has needs that cannot be met other than by providing such advice and support. (8) Where a former relevant child to whom this Article applies is not receiving advice and support under this Article, the authority must offer such advice and support— (a) as soon as possible after the former relevant child reaches the age of 21; and (b) at least once in every 12 month period. (9) In this Article “former relevant child” has the meaning given by Article 34D(1). (34DC) (1) This Article applies to a person if— (a) the person is under the age of 25 (or such other age as may be prescribed); (b) the person is a former relevant child towards whom the duties imposed by paragraphs (2), (3) and (4) of Article 34D no longer subsist; and (c) the person has informed the responsible authority that he or she is pursuing, or wishes to pursue, a programme of education or training. (2) The responsible authority must appoint a personal adviser for a person to whom this Article applies. (3) The responsible authority must— (a) carry out an assessment of the needs of a person to whom this Article applies with a view to determining what assistance (if any) it would be appropriate for the authority to provide to the person under this Article; and (b) prepare a pathway plan for the person. (4) The responsible authority must give assistance of a kind referred to in paragraph (5) to a person to whom this Article applies to the extent that the person’s educational or training needs require it. (5) The kinds of assistance are— (a) contributing to expenses incurred by the person in living near the place where the person is, or will be, receiving education or training; or (b) making a grant to enable the person to meet expenses connected with the person’s education and training. (6) If a person to whom this Article applies pursues a programme of education or training in accordance with the pathway plan prepared for the person, the duties of the authority under this Article (and under any provision applicable to the pathway plan prepared under this Article for that person) subsist for as long as the person continues to pursue that programme. (7) For the purposes of paragraph (6), the authority may disregard any interruption in the person’s pursuance of a programme of education or training if they are satisfied that the person will resume it as soon as is reasonably practicable. (8) Paragraphs (7) to (9) of Article 18 apply to assistance given to a person under this Article as they apply to assistance given to or in respect of a child under that Article, but with the omission in paragraph (8) of the words “and of each of his parents”. (9) Paragraph (5) of Article 35B applies to a person to whom this Article applies as it applies to a person to whom paragraph (3) of that Article applies. (10) In this Article— - “former relevant child” has the meaning given by Article 34D(1); - “the responsible authority” means, in relation to a person to whom this Article applies, the authority which had the duties provided for in Article 34D towards the person.

(4) In Article 35D of that Order (representations: Articles 34B to 35B), in paragraph (1) after sub-paragraph (a) insert—

(aa) a former relevant child falling within Article 34DB; (ab) a person falling within Article 34DC;

Local offer for care leavers

129

After Article 34F of the Children Order (Pathway Plans) insert—

(34G) (1) An authority must publish information about— (a) services which the authority offers for care leavers in the exercise of its functions under this Order; (b) other services that the authority offers that may assist care leavers in, or in preparing for, adulthood and independent living. (2) For the purposes of paragraph (1), services which may assist care leavers in, or in preparing for, adulthood and independent living include services relating to— (a) health and well-being; (b) relationships; (c) education and training; (d) employment; (e) accommodation; (f) participation in society. (3) Where it considers appropriate, an authority must publish information about services for care leavers offered by others which the authority has power to offer as a result of its functions under this Order. (4) Information required to be published by an authority under this Article is to be known as its “local offer for care leavers”. (5) An authority must update its local offer for care leavers from time to time, as appropriate. (6) Before publishing its local offer for care leavers (or any updated version) an authority must consult relevant persons about which of the services offered by the authority may assist care leavers in, or in preparing for, adulthood and independent living. (7) In this Article— - “care leavers” means— eligible children within the meaning given by Article 34A(3); relevant children within the meaning given by Article 34B(2); persons aged under 25 who are former relevant children within the meaning given by Article 34D(1); persons qualifying for advice and assistance within the meaning given by Article 35(1); - “relevant persons”, in relation to an authority, means such care leavers and other persons as appear to the authority to be representative of care leavers in its area.

Inquiries into representations

130

(1) In Article 35D of the Children Order (representations: Articles 34B to 35B), after paragraph (1) insert—

(1A) Regulations may be made by the Department imposing time limits on the making of representations under paragraph (1).

(2) Article 45 of the Children Order (reviews and representations) is amended in accordance with subsections (3) to (7).

(3) In paragraph (3) (which makes provision as to the persons by whom, and the matters in respect of which, representations may be made), for “functions under this Part” substitute “qualifying functions”.

(4) After that paragraph insert—

(3A) The following are qualifying functions for the purposes of paragraph (3)— (a) functions under this Part; (b) such functions under Part 5 or 6 as are specified by the Department in regulations. (3B) The duty under paragraph (3) extends to representations (including complaints) made to the authority by— (a) any person mentioned in section 4(1) of the Adoption and Children Act (Northern Ireland) 2022 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend; (b) any other person the authority considers has sufficient interest in a child who is or may be adopted to warrant that person’s representations being considered by the authority, about the discharge by the authority of such functions under the Adoption and Children Act (Northern Ireland) 2022 as are specified by the Department in regulations. (3C) The duty under paragraph (3) extends to any representations (including complaints) which are made to the authority by— (a) a child with respect to whom a special guardianship order is in force; (b) a special guardian or a parent of such a child; (c) any other person the authority considers has a sufficient interest in the welfare of such a child to warrant that person’s representations being considered by the authority; or (d) any person who has requested an assessment under Article 14F(3) or (4), about the discharge by the authority of such functions under Article 14F as are specified by the Department in regulations.

(5) In paragraph (4) (procedure to require involvement of independent person), at the end add “, but this paragraph is subject to paragraph (5A).”.

(6) After that paragraph insert—

(4A) Regulations may be made by the Department imposing time limits on the making of representations under this Article.

(7) After paragraph (5) insert—

(5A) Regulations under paragraph (5) may provide that paragraph (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.

(8) In Article 183 of the Children Order (regulations and orders), after paragraph (2) insert—

(2A) Regulations under Article 35D(1A) or Article 45(4A) must not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

Review of cases of looked after children

131

In Article 45 of the Children Order (reviews and representations), in paragraph (2) (regulations as to reviews)—

(a) in sub-paragraph (e), omit “to consider” and after “care of the authority” insert—

(i) to keep the Article 50A plan for the child under review and, if the authority is of the opinion that some change is required, to revise the plan, or make a new plan, accordingly; (ii) to consider

;

(b) in sub-paragraph (f), omit “to consider” and after “provided by the authority” insert—

(i) if there is no plan for the future care of the child, to prepare one; (ii) if there is such a plan for the child, to keep it under review and, if the authority is of the opinion that some change is required, to revise the plan or make a new plan, accordingly; (iii) to consider

Independent advocacy services

132

After Article 45 of the Children Order (reviews and representations) insert—

(45A⁠⁠) (1) Every authority must make arrangements for the provision of assistance to— (a) persons who make or intend to make representations under Article 35D; and (b) children who make or intend to make representations under Article 45. (2) The assistance provided under the arrangements must include assistance by way of representation. (3) The arrangements— (a) must secure that a person may not provide assistance if that person is a person who is prevented from doing so by regulations made by the Department; and (b) must comply with any other provision made by the regulations in relation to the arrangements. (4) The Department may make regulations requiring authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of paragraph (3). (5) Every authority must give such publicity to their arrangements for the provision of assistance under this Article as it considers appropriate.

Definition of harm

133

(1) In Article 2(2) of the Children Order (interpretation), at the appropriate place insert—

“impairment of health or development” includes, for example, impairment suffered as a result of— the ill-treatment of another, or behaviour directed at another that falls within section 2 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (what amounts to abusive behaviour), whether or not the child who suffered the impairment saw or heard, or was present during that ill-treatment or behaviour;

(2) In Article 12A(1) of the Children Order (residence and contact orders and domestic violence), for the words from “through seeing” to the end of the paragraph substitute “as a result of any behaviour of the prohibited person.”.

Care plans

134

(1) After Article 50 of the Children Order (care orders and supervision orders) insert—

(50A⁠⁠) (1) Where an application is made on which a care order might be made with respect to a child, the appropriate authority must, within such time as the court may direct, prepare a plan (a care plan) for the future care of the child. (2) While the application is pending, the authority must keep any care plan prepared by it under review and, if the authority is of the opinion some change is required, revise the plan, or make a new plan, accordingly. (3) A care plan must give any prescribed information and do so in the prescribed manner. (4) For the purposes of this Article, the appropriate authority, in relation to a child in respect of whom a care order might be made, is the authority proposed to be designated in the order. (5) In this Article references to a care order do not include an interim care order. (6) A plan prepared, or treated as prepared, under this Article is referred to in this Order as an “Article 50A plan”.

(2) If—

(a) before subsection (1) comes into operation, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the authority designated in the order, and

(b) on the day on which that subsection comes into operation the order is in force, or would be in force but for section 26(1),

the plan is to have effect as if made under Article 50A of the Children Order.

Contact: children in care of authority

135

(1) Article 53 of the Children Order (parental contact etc. with children in care) is amended as follows.

(2) In paragraph (1) after “subject to the provisions of this Article” insert “and the authority’s duty under Article 26(1)(a)”.

(3) After paragraph (6) insert—

(6A) Where (by virtue of an order under this Article, or because paragraph (6) applies) an authority is authorised to refuse to allow contact between the child and a person who is mentioned in sub-paragraphs (a) to (c) of Article 29(1), Article 29(1) does not require the authority to endeavour to promote contact between the child and that person.

(4) In paragraph (8) before sub-paragraph (a) insert—

(za) what an authority must have regard to in considering whether contact between a child and a person who is mentioned in any of sub-paragraphs (a) to (d) of paragraph (1) is consistent with safeguarding and promoting the child’s welfare;

(5) In paragraph (11) after the word “Before” insert “making, varying or discharging an order under this Article or”.

Persons authorised to act as children’s court guardian

136

(1) In Article 60 of the Children Order (representation of child and of the child’s interests in certain proceedings), in paragraph (7) (establishment of panels)—

(a) for “for the establishment of panels of persons from whom” substitute “that”;

(b) at the end add “from persons employed or approved for that purpose by such special agency or other public body as may be prescribed”.

(2) In paragraph (9) of that Article (regulations)—

(a) in sub-paragraph (a) for the words from “constitution” to the end substitute “employment or approval of persons for the purposes of this Article by such special agency or other public body as may be prescribed”; and

(b) omit sub-paragraph (b).

Renaming of guardians ad litem

137

(1) A guardian ad litem is to be known as a children’s court guardian.

(2) In Articles 60 and 61 of the Children Order (guardians ad litem)—

(a) for “guardian ad litem” (wherever occurring) substitute “children’s court guardian”;

(b) for “guardians ad litem” (wherever occurring) substitute “children’s court guardians”.

(3) In the cross-heading preceding Article 60 for “Guardians ad litem” substitute “Children’s court guardians”.

(4) In each of the following for “guardian ad litem” substitute “children’s court guardian”—

(a) paragraph 6 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services);

(b) paragraph 1(6) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity);

(5) Any reference in any other statutory provision to a guardian ad litem is to be read as a reference to a children’s court guardian.

Interests of children in proceedings

138

In Article 60 of the Children Order (specified proceedings), in paragraph (6), after sub-paragraph (h) insert—

(ha) on an application for the making of a special guardianship order with respect to a child who is the subject of a care order;

Definition of privately fostered child

139

(1) In Article 107 of the Children Order (privately fostered children further defined), paragraph (7) is amended as follows.

(2) In sub-paragraph (a)—

(a) in head (i), for “Article 3 of the Adoption Order” substitute “section 2 of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in head (ii), for “section 1 of the Adoption Act 1976” substitute “section 2 of the Adoption and Children Act 2002”.

(3) Omit sub-paragraph (b).

(4) At the end add—

(c) an authority has functions in respect of the child by virtue of— (i) regulations under section 82(6)(b) of the Adoption and Children Act (Northern Ireland) 2022, or (ii) corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001.

Welfare of children who will be privately fostered

140

(1) Article 108 of the Children Order (welfare of privately fostered children) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a)—

(i) after “who are” insert “or are proposed to be”;

(ii) after “is being” insert “or will be”;

(b) in sub-paragraph (b) for “caring for” substitute “concerned with”.

(3) After paragraph (2) insert—

(2A) Regulations under paragraph (2)(b) may impose requirements as to the action to be taken by an authority for the purposes of discharging the authority’s duty under paragraph (1) where the authority has received notification that a child is proposed to be privately fostered.

(4) In paragraph (3)—

(a) after “visit privately fostered children” insert “or children who are proposed to be privately fostered”;

(b) in sub-paragraph (a) omit “or”;

or (c) it is proposed to accommodate any child who is proposed to be privately fostered in any such premises,

(5) In paragraph (5)—

(a) after “who is” insert “or is proposed to be”;

(b) after “is being” insert “or will be”.

Notification of fostering: public awareness

141

After Article 112 of the Children Order insert—

(112A) Every authority must promote public awareness within its area of requirements as to notification for which provision is made under Article 112

Privacy for children in proceedings

142

In Article 170 of the Children Order (privacy for children in specified proceedings), after paragraph (9) insert—

(9A) It is not a contravention of this Article to— (a) enter material in the Northern Ireland Adoption and Children Act Register (established under section 144 of the Adoption and Children Act (Northern Ireland) 2022; or (b) permit persons to search and inspect that register pursuant to regulations made under section 149 of that Act.

Report on the operation of the Children Order

143

(1) Article 181 of the Children Order (annual report) is amended as follows.

(2) In the title, for “Annual report” substitute “Report on the operation of this Order”.

(3) The existing text becomes paragraph (1).

(4) In that paragraph, for the words from “cause an” to the end, substitute “cause a general report on the operation of this Order to be prepared and laid before the Assembly at least once every three years.”.

(5) After that paragraph, add—

(2) The first report under paragraph (1) must be prepared and laid before the Assembly within the period of three years beginning on the date on which the Adoption and Children Act (Northern Ireland) 2022 receives Royal Assent.

PART 3 — Miscellaneous and supplementary

Northern Ireland Adoption and Children Act Register

144

(1) The Department must establish and maintain a register, to be called the Northern Ireland Adoption and Children Act Register, containing—

(a) prescribed information about children who are suitable for adoption, children for whom an adoption authority is considering adoption and prospective adopters who are suitable to adopt a child;

(b) prescribed information about persons included in the register in pursuance of paragraph (a) in respect of things occurring after their inclusion.

(2) Regulations may provide that the register may contain—

(a) prescribed information about children who an English, a Welsh or a Scottish adoption agency is satisfied are suitable for adoption;

(b) prescribed information about prospective adopters who an English, a Welsh or a Scottish adoption agency is satisfied are suitable to adopt a child;

(c) prescribed information about persons included in the register in pursuance of paragraph (a) or (b) in respect of things occurring after their inclusion.

(3) For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, regulations under this section may—

(a) provide for the register to contain information about such persons and the children who may be placed with them; and

(b) apply any of the other provisions of this group of sections (that is, this section and sections 145 to 151), with or without modifications.

(4) The register is not to be open to public inspection or search (subject to regulations under section 149).

(5) Regulations under this section may make provision about the retention of information in the register.

(6) Information is to be kept in the register in any form the Department considers appropriate.

Use of an organisation to establish the register

145

(1) The Department may make an arrangement with an organisation under which any function of the Department under section 144 of establishing and maintaining the register, and disclosing information entered in or compiled from information entered in the register to any person is performed wholly or partly by the organisation on the Department’s behalf.

(2) The arrangement may include provision for payments to be made to the organisation by the Department.

(3) If the Department makes an arrangement under this section with an organisation, the organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Department.

(4) References in this group of sections to the registration organisation are to any organisation for the time being performing functions in respect of the register by virtue of arrangements under this section.

Use of an organisation as an agency for payments

146

(1) Regulations may authorise an organisation with which an arrangement is made under section 145 to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.

(2) The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Department.

Supply of information for the register

147

(1) Regulations may require adoption agencies to give prescribed information to the Department or the registration organisation for entry in the register.

(2) Information is to be given to the Department or the registration organisation when required by the regulations and in the prescribed form and manner.

(3) Regulations may make provision enabling adoption agencies to enter prescribed information in the register.

(4) Information that is to be entered in the register by adoption agencies is to be entered in the prescribed form and manner.

(5) Regulations may require an agency giving information which is entered on the register or entering information in the register to pay a prescribed fee to the Department or the registration organisation.

(6) But an adoption agency is not to disclose any information to the Department or the registration organisation or to enter any information in the register—

(a) about prospective adopters who are suitable to adopt a child, or persons who were included in the register as such prospective adopters, without their consent;

(b) about children suitable for adoption or for whom an adoption authority is considering adoption, or persons who were included in the register as such children, without the consent of the prescribed person.

(7) Consent under subsection (6) is to be given in the prescribed form.

Disclosure of information

148

(1) Information entered in the register, or compiled from information entered in the register, may only be disclosed under subsection (2), (3) or (4), section 149 or section 150.

(2) Prescribed information entered in the register may be disclosed by the Department or the registration organisation—

(a) where an adoption agency is acting on behalf of a child who is suitable for adoption or for whom an adoption authority is considering adoption, to the agency to assist in finding prospective adopters with whom it would be appropriate for the child to be placed;

(b) where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to the agency to assist in finding a child appropriate for adoption by them.

(3) Regulations may make provision permitting the disclosure of prescribed information entered in the register, or compiled from information entered in the register—

(a) to an adoption agency or to an English, a Welsh or a Scottish adoption agency for any prescribed purpose; or

(b) for the purpose of enabling the information to be entered in a register which is maintained in respect of England, Wales or Scotland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.

(4) Prescribed information entered in the register, or compiled from information entered in the register, may be disclosed by the Department or the registration organisation to any prescribed person for use for statistical or research purposes, or for other prescribed purposes.

(5) Regulations may prescribe the steps to be taken by adoption agencies in respect of information received by them by virtue of subsection (2) or (3).

(6) Subsection (1) does not apply to a disclosure of information with the authority of the Department.

(7) Information disclosed to any person under subsection (2), (3) or (4) may be given on any prescribed terms or conditions.

(8) Regulations may, in prescribed circumstances, require a prescribed fee to be paid to the Department or the registration organisation—

(a) by a prescribed adoption agency in respect of information disclosed under subsection (2) or (3);

(b) by a prescribed English, Welsh or Scottish adoption agency in respect of information disclosed under subsection (3); or

(9) If any information entered in the register is disclosed to a person in contravention of subsection (1), the person disclosing it is guilty of an offence.

(10) A person guilty of an offence under subsection (9) is 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.

Search and inspection of the register by prospective adopters

149

(1) Regulations may make provision enabling prospective adopters who are 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 register, 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 searching or inspecting the register.

(5) Regulations may make provision requiring prospective adopters, in prescribed circumstances, to pay a prescribed fee to the Department or the registration organisation in respect of searching or inspecting the register.

Search and inspection of the register by adoption agencies

150

(1) Regulations may make provision enabling adoption agencies to search and inspect the register—

(a) where an adoption agency is acting on behalf of a child who is suitable for adoption, to assist the agency in finding prospective adopters with whom it would be appropriate for the child to be placed;

(b) where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to assist the agency in finding a child appropriate for adoption by them;

(2) Regulations under subsection (1) may make provision enabling adoption agencies to search and inspect only prescribed parts of the register, 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 adoption agencies in respect of information received by them as a result of searching or inspecting the register.

(5) Regulations may make provision requiring adoption agencies, in prescribed circumstances, to pay a prescribed fee to the Department or the registration organisation in respect of searching or inspecting the register.

Supplementary

151

(1) In this group of sections—

“English adoption agency” means “an adoption agency” within the meaning of section 131(1)(za) of the Adoption and Children Act 2002;

“organisation” includes a public body and a private or voluntary organisation;

“the register” means the Northern Ireland Adoption and Children Act Register;

“Scottish adoption agency” has the meaning given by section 144(3) of the Adoption and Children Act 2002;

“Welsh adoption agency” has the meaning given by section 131(1)(ca) of the Adoption and Children Act 2002.

(2) For the purposes of this group of sections (except sections 144(2) and 148(3))—

(a) a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption;

(b) prospective adopters are suitable to adopt a child if an adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

(3) For the purposes of sections 144(2) and 148(3)—

(a) a child is suitable for adoption if an English, Welsh or Scottish adoption agency is satisfied that the child ought to be placed for adoption;

(b) prospective adopters are suitable to adopt a child if an English, Welsh or Scottish adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

(4) Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 97, 98 or 99.

Supplementary

Time limit within which proceedings may be brought

152

(1) Notwithstanding anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the complainant to warrant the proceedings came to the complainant’s knowledge; but such proceedings may not be brought by virtue of this section more than six years after the commission of the offence.

(2) For the purposes of this section a certificate signed by or on behalf of the complainant and stating the date on which such evidence as is mentioned in subsection (1) came to the complainant’s knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(3) This section applies to an offence by virtue of—

section 9;

section 58;

section 97;

section 98;

section 99; or

section 148.

Research and investigations

153

The Department may conduct or promote or assist (by grants or otherwise) any person in conducting research or investigations into any matter connected with the functions under Part 1 of an adoption authority or the Department.

Amendments, transitional and transitory provisions, savings and repeals

154

(1) The statutory provisions set out in Schedule 3 have effect subject to the amendments there specified.

(2) Schedule 4 (transitional and transitory provisions and savings) has effect.

(3) The statutory provisions set out in Schedule 5 are hereby repealed to the extent specified in the second column of that Schedule.

Regulations and orders

155

(1) Regulations other than regulations to which subsection (2) applies are subject to negative resolution.

(2) This subsection applies to regulations under—

(a) section 3(4);

(b) section 9 which include provision made under section 42;

(d) section 52;

(e) section 77;

(f) section 98; or

(g) section 144, 146, 147, 148, 149 or 150,

and to regulations which amend or repeal a provision of an Act of Parliament or Northern Ireland legislation.

(3) Regulations to which subsection (2) applies must not be made unless a draft of them has been laid before, and approved by resolution of, the Assembly.

(4) An order must not be made under—

(a) section 96(6);

(b) section 115(4); or

unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(5) An order under section 157 other than an order to which subsection (4)(c) applies is subject to negative resolution.

(6) Regulations and orders made under this Act by any Department mentioned in subsection (7) may contain such incidental, supplementary, transitional, transitory or saving provisions as appear to that Department to be necessary or expedient.

(7) The Departments referred to in subsection (6) are—

(a) the Department;

(b) the Department of Finance; and

Rules of court

156

(1) In this Act “rules of court” includes family proceedings rules and county court rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954).

(2) In subsection (1) “family proceedings rules” has the meaning given in Article 12(5) of the Family Law (Northern Ireland) Order 1993.

(3) In the case of an application for a placement order, for the variation or revocation of a placement order, or for an adoption order, the rules must require any person mentioned in subsection (4) to be notified—

(a) of the date and place where the application will be heard; and

(b) of the fact that, unless the person wishes or the court requires, the person need not attend.

(4) The persons referred to in subsection (3) are—

(a) in the case of a placement order, every person who can be found whose consent to the making of the order is required under subsection (3)(a) of section 18 (or would be required but for subsection (3)(b) of that section) or, if no such person can be found, any relative who can be found;

(b) in the case of a variation or revocation of a placement order, every person who can be found whose consent to the making of the placement order was required under subsection (3)(a) of section 18 (or would have been required but for subsection (3)(b) of that section);

(i) every person who can be found whose consent to the making of the order is required under subsection (2)(a) of section 44 (or would be required but for subsection (2)(c) of that section) or, if no such person can be found, any relative who can be found;

(ii) every person who has consented to the making of the order under section 17 (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect;

(iii) every person who, if leave were given under section 44(5), would be entitled to oppose the making of the order.

(5) In subsection (4) “relative” means a relative prescribed by rules of court.

(6) Rules of court may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

Supplementary and consequential provision

157

(1) Any Department mentioned in subsection (2) may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which that Department considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The Departments referred to in subsection (1) are—

(a) the Department;

(b) the Department of Finance; and

(3) An order under this section may amend, repeal or modify any statutory provision.

Review

158

(1) The Department must, at least once every three years—

(a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and

(b) lay a copy of the report before the Assembly.

(2) The first report under subsection (1) must be prepared and published within the period of 3 years beginning with the date on which this Act is passed.

(3) This section expires at the end of the period of ten years beginning with the date on which this Act is passed, but this is subject to subsection (4).

(4) Subsection (3) does not have effect unless all of the provisions of Parts 1 and 2 have been commenced and included in a report under this section.

Interpretation

159

(1) In this Act—

“adoption agency” has the meaning given by section 2;

“adoption authority” has the meaning given by section 2(2);

“adoption order” has the meaning given by section 43(1);

“adoption society” has the meaning given by section 2(2);

“adoption support services” has the meaning given by section 2(6);

“appropriate voluntary organisation” has the meaning given by section 2(3);

“authority foster parent” has the meaning given by Article 2(2) of the Children Order;

“body” includes an unincorporated body;

“care order” has the meaning given by Article 2(2) of the Children Order;

“child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

“child assessment order” has the meaning given in Article 2(2) of the Children Order;

“Children Order” means the Children (Northern Ireland) Order 1995;

“the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;

“Convention adoption” has the meaning given in section 65(1)(c);

“Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (regulations giving effect to the Convention), is made as a Convention adoption order;

“Convention country” means a country or territory in which the Convention is in force;

“court” has the meaning given by section 115(1);

“the Department” means the Department of Health;

“fee” includes expenses;

“guardian” has the same meaning as in the Children Order and includes a special guardian within the meaning of the Children Order;

“information” means information recorded in any form;

“interim care order” means an interim care order under Article 57 of the Children Order;

“notice” means a notice in writing;

“notice of intention to adopt” has the meaning given in section 41(2);

“overseas adoption” has the meaning given in section 90(1);

“parental responsibility” has the meaning given in Article 6 of the Children Order;

“placement order” has the meaning given in section 18(1);

“placing a child for adoption” and “placed for adoption” have the meanings given in section 15(5) and section 16(4);

“prescribed”, except in sections 51(7) and (8) and 156(5) and paragraphs 1(4), 3, 4 and 6 of Schedule 1 (where it means prescribed by rules of court), means prescribed by regulations;

“prohibited steps order” has the meaning given in Article 8(1) of the Children Order;

“public body” means a body established by or under any statutory provision;

“regulations” means regulations made by the Department except where they are required to be made by the Department of Finance;

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership;

“residence order” has the meaning given in Article 8(1) of the Children Order;

“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;

“rules of court” has the meaning given in section 156(1);

“Scottish adoption order” means an order made, or having effect as if made, under section 28(1) of the Adoption and Children (Scotland) Act 2007 or section 12 of the Adoption (Scotland) Act 1978;

“specific issue order” has the meaning given in Article 8(1) of the Children Order;

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“supervision order” has the meaning given in Article 49(1) of the Children Order;

“voluntary organisation” means a body (other than a public body) the activities of which are not carried on for profit.

(2) Any power conferred by this Act to prescribe a fee by regulations includes power to prescribe—

(a) a fee not exceeding a prescribed amount;

(b) a fee calculated in accordance with the regulations;

(3) In this Act “couple” means—

(a) a married couple;

(b) two persons who are civil partners of each other; or

(4) Subsection (3)(c) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

(5) References to relationships in subsection (4)—

(a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption; and

(b) include the relationship of a child with the child’s adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(6) For the purposes of this Act, a person is the partner of a child’s parent if the person and the parent are a couple but the person is not the child’s parent.

Commencement

160

(1) Except as provided by subsection (2), the provisions of this Act come into operation on such day or days as the Department may by order appoint.

(2) This section and sections 155, 157, 159 and 161 come into operation on the day after the day on which this Act receives Royal Assent.

Short title

161

This Act may be cited as the Adoption and Children Act (Northern Ireland) 2022.

SCHEDULE 1

Registration of adoption orders

1

(1) Every adoption order must contain a direction to the Registrar General to make in the Adopted Children Register an entry in the form prescribed by regulations made by the Department of Finance.

(2) Where, on an application to a court for an adoption order in respect of a child, the identity of the child with a child to whom an entry in the registers of live-births or other records relates is proved to the satisfaction of the court, any adoption order made in pursuance of the application must contain a direction to the Registrar General to secure that the entry in the register or, as the case may be, record in question is marked with the word “Adopted”.

(3) Where an adoption order is made in respect of a child who has previously been the subject of an adoption order made by a court in Northern Ireland under Part 1 of this Act or any other statutory provision—

(a) sub-paragraph (2) does not apply; and

(b) the order must contain a direction to the Registrar General to mark the previous entry in the Adopted Children Register with the word “Re-adopted”.

(4) Where an adoption order is made, the prescribed officer of the court which made the order must communicate the order to the Registrar General in the prescribed manner; and the Registrar General must then comply with the directions contained in the order.

(5) In sub-paragraph (4) “prescribed” means prescribed by rules of court.

Registration of adoptions in Great Britain, the Isle of Man and the Channel Islands

2

(1) Sub-paragraphs (2) and (3) apply where the Registrar General is notified by the authority maintaining a register of adoptions in a part of Great Britain or in the Isle of Man or the Channel Islands that an order has been made authorising the adoption of a child.

(2) If an entry in the registers of live-births or other records (and no entry in the Adopted Children Register) relates to the child, the Registrar General must secure that the entry is marked with—

(a) the word “Adopted”, followed by

(b) the name, in brackets, of the jurisdiction in which the order was made.

(3) If an entry in the Adopted Children Register relates to the child, the Registrar General must mark the entry with—

(a) the word “Re-adopted”, followed by

(b) the name, in brackets, of the jurisdiction in which the order was made.

(4) Where, after an entry in either of the registers or other records mentioned in sub-paragraphs (2) and (3) has been so marked, the Registrar General is notified by the authority concerned that—

(a) the order has been quashed;

(b) an appeal against the order has been allowed; or

the Registrar General must secure that the marking is cancelled.

(5) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under sub-paragraph (4), is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

Registration of other adoptions

3

(1) If the Registrar General is satisfied, on an application under this paragraph, that there are sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child, the Registrar General must make the entry accordingly.

(2) If the Registrar General is also satisfied that an entry in the registers of live-births or other records relates to the child, the Registrar General must—

(a) secure that the entry is marked “Adopted”, followed by the name, in brackets, of the country in which the adoption was effected; or

(b) where appropriate, secure that the overseas registers of births are so marked.

(3) An application under this paragraph must be made, in the prescribed manner, by a prescribed person and the applicant must provide the prescribed documents and other information.

(4) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the prescribed form.

(5) In this Schedule “registrable foreign adoption” means an adoption which satisfies prescribed requirements and is either—

(a) adoption under a Convention adoption; or

(b) adoption under an overseas adoption.

(6) In this paragraph—

“prescribed” means prescribed by regulations made by the Department of Finance;

“overseas register of births” includes— a register made under regulations made by the Secretary of State under section 41(1)(g) or (h) of the British Nationality Act 1981; a record kept under an Order in Council made under section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (other than a certified copy kept by the Registrar General for England and Wales).

Amendment of orders and rectification of Registers and other records

4

(1) The court by which an adoption order has been made may, on the application of the adopter or the adopted person, amend the order by the correction of any error in the particulars contained in it.

(2) The court by which an adoption order has been made may, if satisfied on the application of the adopter or the adopted person that within the period of one year beginning with the date of the order any new name—

(a) has been given to the adopted person (whether in baptism or otherwise); or

(b) has been taken by the adopted person,

either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituting or, as the case may be, adding that name in those particulars.

(3) The court by which an adoption order has been made may, if satisfied on the application of any person concerned that a direction for the marking of an entry in the registers of live-births, the Adopted Children Register or other records included in the order in pursuance of paragraph 1(2) or (3) was wrongly so included, revoke that direction.

(4) Where an adoption order is amended or a direction revoked under sub-paragraphs (1) to (3), the prescribed officer of the court must communicate the amendment in the prescribed manner to the Registrar General.

(5) The Registrar General must then—

(a) amend the entry in the Adopted Children Register accordingly; or

(b) secure that the marking of the entry in the registers of live-births, the Adopted Children Register or other records is cancelled,

as the case may be.

(6) Where an adoption order is quashed or an appeal against an adoption order allowed by any court, the court must give directions to the Registrar General to secure that—

(a) any entry in the Adopted Children Register; and

(b) any marking of an entry in that Register, the registers of live-births or other records as the case may be, which was effected in pursuance of the order,

is cancelled.

(7) Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to section 77(2)(b) must be a copy of the entry as amended, without the reproduction of—

(a) any note or marking relating to the amendment; or

(b) any matter cancelled in pursuance of it.

(8) A copy or extract of an entry in any register or other record, being an entry the marking of which has been cancelled, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

(9) If the Registrar General is satisfied—

(a) that a registrable foreign adoption has ceased to have effect, whether on annulment or otherwise; or

(b) that any entry or mark was erroneously made in pursuance of paragraph 3 in the Adopted Children Register, the registers of live-births, the overseas registers of births or other records,

the Registrar General may secure that such alterations are made in those registers or other records as the Registrar General considers are required in consequence of the adoption ceasing to have effect or to correct the error.

(10) Where an entry in such a register is amended in pursuance of sub-paragraph (9), any copy or extract of the entry is not to be treated as accurate unless it shows the entry as amended but without indicating that it has been amended.

(11) In this paragraph—

“overseas register of births” has the same meaning as in paragraph 3;

“prescribed” means prescribed by rules of court.

Marking of entries on re-registration of birth on legitimation

5

(1) Without prejudice to paragraph 2(4) and paragraph 4(5), where, after an entry in the registers of live-births or other records has been marked in accordance with paragraph 1 or 2, the birth is re-registered under Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner.

(2) Without prejudice to paragraph 4(9), where an entry in the register of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under Article 19 of that Order, the entry made on re-registration must be marked in the like manner.

Cancellations in registers on legitimation

6

(1) This paragraph applies where an adoption order is revoked under section 54(1).

(2) The prescribed officer of the court must communicate the revocation in the prescribed manner to the Registrar General who must then cancel or secure the cancellation of—

(a) the entry in the Adopted Children Register relating to the adopted person; and

(b) the marking with the word “Adopted” of any entry relating to the adopted person in the registers of live-births or other records.

(3) A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under this paragraph, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.

(4) In this paragraph “prescribed” means prescribed by rules of court.

SCHEDULE 2

1

(1) On an application made in the prescribed manner by an adopted person—

(a) a record of whose birth is kept by the Registrar General; and

(b) who has attained the age of 18 years,

the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of the applicant’s birth.

(2) In sub-paragraph (1) “prescribed” means prescribed by regulations made by the Department of Finance.

2

(1) Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant—

(a) from an appropriate voluntary organisation, or a registered adoption society within the meaning of section 2(2) of the Adoption and Children Act 2002 or an organisation within section 144(3)(b) of that Act;

(b) if the applicant is in Northern Ireland, from any HSC trust;

(c) if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency;

(d) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(2) In sub-paragraph (1)(c), “local authority” and “registered adoption support agency” have the same meaning as in the Adoption and Children Act 2002.

(3) If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.

3

Where an adopted person who is in Northern Ireland—

(a) applies for information under paragraph 1;

(b) applies for information under paragraph 1 of Schedule 2 to the Adoption and Children Act 2002; or

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