Adoption and Children Act 2002

[^M_F_0880555d-342f-48af-92a5-7cc517bd094e]: S. 3A omitted (7.3.2018) by virtue of Education and Adoption Act 2016 (c. 6), ss. 15(3), 19(2); S.I. 2018/300, reg. 2(a)

[^key-0e155de35fbd89aafb6760eb1dd05187]: S. 140(3)(za) substituted (7.3.2018) by Education and Adoption Act 2016 (c. 6), ss. 15(4), 19(2); S.I. 2018/300, reg. 2(a)

[^key-8aa1f791bbe2ddc6a7f5f991dc0a96d0]: Words in s. 2(4) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 15(b)

[^key-27482b15e6bc4b72cbcaf90dcf99b962]: S. 2(2) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 15(a)

[^key-4185aa0141bd6d94fc8f06a61a8ddba4]: Words in s. 6 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 16

[^key-2cd93301d360b99cd78fd81554f24a51]: Words in s. 7(1)(b) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 17

[^key-fb22595a22f1bf25db7aa4fdb5c58d9e]: S. 16 omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 18

[^key-f89ffc881906a813b875dfc4cbdb6249]: S. 63(4)(d) inserted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 19(b)

[^key-e83fdd3296076d2bf686a6adcf4e489e]: Words in s. 63(4)(c) inserted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 19(a)

[^key-4a74ed9bba2b349dcf0c321f7de3d18a]: Words in s. 98(7) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 20

[^key-d17b352d94590993bb01d8e20dc38624]: Words in s. 144(1) substituted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 21

[^key-1ca31cecde014b7de99075b6aa7cb029]: Sch. 2 para. 2(2) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 22

[^key-600be5853f7b4b732f6b957df1eba06c]: Words in s. 10(2) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 28(1) (with Sch. 5 para. 28(2)); S.I. 2019/1436, reg. 2(s)

[^key-48ed25794d14d240996e1e0b7fbce424]: Words in s. 55(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 24

[^key-a7be16365ef2fba2bc3ad3aad4b49883]: Sch. 3 paras. 89-92 omitted (5.7.2021) by virtue of Domestic Abuse Act 2021 (c. 17), ss. 78(9)(b), 90(6); S.I. 2021/797, reg. 2(2) (with reg. 4(1))

[^key-534ac7313629eb7f0a63714abeade612]: Words in s. 63(4)(b) substituted (N.I.) (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(2)(b); S.R. 2022/102, art. 2(b)

[^key-fbe6501f478d5462e92997cdcbae9b0b]: Words in s. 65(2)(b) substituted (N.I.) (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(3)(b); S.R. 2022/102, art. 2(b)

[^key-1a3e11d7ef6c4470668f8bcddf686d81]: Words in s. 4(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 63; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-07a503b9e07e010356e132c5b7486c6f]: S. 4(9)(za) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 4; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-ed09302c0c5cf6f406b417786e38da2a]: Words in s. 8 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-c54d3a5ffe56a659490fbabfda405b34]: Words in s. 8(2)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 64; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-76748fe535dc5c2b1c94bf62dc9d03d7]: S. 63(5) omitted (1.4.2022 for N.I., 30.11.2022 for E.W.S.) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(2)(c); S.R. 2022/102, art. 2(b); The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 17(2)(b)

[^key-f729b7e6a6dd3eeb4a36ab6bbf3ad3ec]: Words in s. 63(4)(a) substituted (1.4.2022 for N.I., 30.11.2022 for E.W.S.) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(2)(a); S.R. 2022/102, art. 2(b); The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 17(2)(a)

[^key-69668eafa4e9c5cb1d02f4a10429ef94]: Words in s. 65(2)(b) substituted (1.4.2022 for N.I., 30.11.2022 for E.W.S.) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(3)(a); S.R. 2022/102, art. 2(b); (with the exception of the word "a") by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 17(3)

[^key-63cd82dfa3dd1097c78d117aceda1079]: Words in Sch. 2 para. 2(1)(d) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 20(a)

[^key-79241bc05a1e9292e334c0fb4e18b048]: Sch. 2 para. 2(3) omitted (30.11.2022) by virtue of The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 20(b)

General rules for continuity

Independent review mechanism

Advertising

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

91A

• (1) This section applies to adoptions to which—

• (a) section 83 applies, or

• (b) regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999 apply.

• (2) The Secretary of State may charge a fee to adopters for services provided or to be provided by him in relation to adoptions to which this section applies.

• (3) The Assembly may charge a fee to adopters for services provided or to be provided by it as the Central Authority in relation to adoptions to which this section applies by virtue of subsection (1)(b).

• (4) The Secretary of State and the Assembly may determine the level of fee as he or it sees fit, and may in particular—

• (a) charge a flat fee or charge different fees in different cases or descriptions of case, and

• (b) in any case or description of case, waive a fee.

• (5) But the Secretary of State and the Assembly must each secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to him or, as the case may be, to it of providing the services in relation to which the fees are imposed.

• (6) In this section—

• references to adoptions and adopters include prospective adoptions and prospective adopters,

• “Central Authority” is to be construed in accordance with section 2 of the Adoption (Intercountry Aspects) Act 1999,

• “financial year” means a period of twelve months ending with 31st March.

The Mental Health Act 1983 (c. 20)

The Child Abduction Act 1984 (c. 37)

The Matrimonial and Family Proceedings Act 1984 (c. 42)

The Family Law Reform Act 1987 (c. 42)

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

The Children Act 1989 (c. 41)

The Human Fertilisation and Embryology Act 1990 (c. 37)

The Courts and Legal Services Act 1990 (c. 41)

The Children (Scotland) Act 1995 (c. 36)

The Family Law Act 1996 (c. 27)

The Housing Act 1996 (c. 52)

General rules for continuity

Advertising

The Care Standards Act 2000 (c. 14)

The Care Standards Act 2000 (c. 14)

General rules for continuity

Advertising

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act listed in the right-hand column.

Basic definitions

Management etc. of agencies

Further consequences of placement

Post-adoption contact

51A

• (1) This section applies where—

• (a) an adoption agency has placed or was authorised to place a child for adoption, and

• (b) the court is making or has made an adoption order in respect of the child.

• (2) When making the adoption order or at any time afterwards, the court may make an order under this section—

• (a) requiring the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order under this section, or for the person named in that order and the child otherwise to have contact with each other, or

• (b) prohibiting the person named in the order under this section from having contact with the child.

• (3) The following people may be named in an order under this section—

• (a) any person who (but for the child's adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;

• (b) any former guardian of the child;

• (c) any person who had parental responsibility for the child immediately before the making of the adoption order;

• (d) any person who was entitled to make an application for an order under section 26 in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;

• (e) any person with whom the child has lived for a period of at least one year.

• (4) An application for an order under this section may be made by—

• (a) a person who has applied for the adoption order or in whose favour the adoption order is or has been made,

• (b) the child, or

• (c) any person who has obtained the court's leave to make the application.

• (5) In deciding whether to grant leave under subsection (4)(c), the court must consider—

• (a) any risk there might be of the proposed application disrupting the child's life to such an extent that he or she would be harmed by it (within the meaning of the 1989 Act),

• (b) the applicant's connection with the child, and

• (c) any representations made to the court by—

• (i) the child, or

• (ii) a person who has applied for the adoption order or in whose favour the adoption order is or has been made.

• (6) When making an adoption order, the court may on its own initiative make an order of the type mentioned in subsection (2)(b).

• (7) The period of one year mentioned in subsection (3)(e) need not be continuous but must not have begun more than five years before the making of the application.

• (8) Where this section applies, an order under section 8 of the 1989 Act may not make provision about contact between the child and any person who may be named in an order under this section.

51B

• (1) An order under section 51A—

• (a) may contain directions about how it is to be carried into effect,

• (b) may be made subject to any conditions the court thinks appropriate,

• (c) may be varied or revoked by the court on an application by the child, a person in whose favour the adoption order was made or a person named in the order, and

• (d) has effect until the child's 18th birthday, unless revoked.

• (2) Subsection (3) applies to proceedings—

• (a) on an application for an adoption order in which—

• (i) an application is made for an order under section 51A, or

• (ii) the court indicates that it is considering making such an order on its own initiative;

• (b) on an application for an order under section 51A;

• (c) on an application for such an order to be varied or revoked.

• (3) The court must (in the light of any rules made by virtue of subsection (4))—

• (a) draw up a timetable with a view to determining without delay whether to make, (or as the case may be) vary or revoke an order under section 51A, and

• (b) give directions for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

• (4) Rules of court may—

• (a) specify periods within which specified steps must be taken in relation to proceedings to which subsection (3) applies, and

• (b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that the court makes determinations about orders under section 51A without delay.

Section 89: supplementary

Section 8 orders: local authority foster parents

Residence orders: extension to age of 18

Special guardianship

Accommodation of children in need etc.

Inquiries by local authorities into representations

Advocacy services

Interests of children in proceedings

Extension of the Hague Convention to British overseas territories

Amendments, transitional and transitory provisions, savings and repeals

Glossary

The Health Services and Public Health Act 1968 (c. 46)

The Local Authority Social Services Act 1970 (c. 42)

The Immigration Act 1971 (c. 77)

The Adoption Act 1976 (c. 36)

The Adoption (Scotland) Act 1978 (c. 28)

The Mental Health Act 1983 (c. 20)

The Child Abduction Act 1984 (c. 37)

The Family Law Reform Act 1987 (c. 42)

The Children Act 1989 (c. 41)

The Human Fertilisation and Embryology Act 1990 (c. 37)

The Child Support Act 1991 (c. 48)

The Adoption (Intercountry Aspects) Act 1999 (c. 18)

The Adoption (Intercountry Aspects) Act 1999 (c. 18)

The Care Standards Act 2000 (c. 14)

Advertising

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act or the 2014 Act listed in the right-hand column.

39

• (1) This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.

• (2) If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—

• (a) a person who has the court’s leave,

• (b) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of 2014 Act.

• (3) If subsection (2) does not apply, the following persons may remove the child—

• (a) a parent or guardian,

• (b) a person who has the court’s leave,

• (c) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.

128A

• (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 Secretary of State or the registration organisation in respect of searching or inspecting the register.

• (6) On the occasion of the first exercise of the power to make regulations under this section—

• (a) the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and

• (b) accordingly section 140(2) does not apply to the instrument.

4B

• (1) Except in circumstances prescribed by regulations, a local authority in England must provide the information specified in subsection (2) to—

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

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

• (c) any person within the authority's area who the authority are aware is a parent of an adopted child, and

• (d) any person within the authority's area who is a parent of an adopted child and has contacted the 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 authority's area;

• (b) information about the right to request an assessment under section 4 (assessments etc for adoption support services), and the authority's duties under that section and regulations made under it;

• (c) information about the authority's duties under section 4A (adoption support services: personal budgets) and regulations made under it;

• (d) any other information prescribed by regulations.

3A

• (1) The Welsh Ministers may direct two or more local authorities in Wales to enter into specified arrangements with each other in relation to the provision of specified services maintained under section 3(1).

• (2) Before giving a direction under this section the Welsh Ministers must consult the local authorities to which it is to be given.

• (3) Specified arrangements may include (among other things) arrangements—

• (a) as to the establishment and maintenance of a pooled fund;

• (b) as to the provision of staff, goods, services, accommodation or other resources;

• (c) for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which are parties to the arrangements;

• (d) for working in conjunction with registered adoption societies;

• (e) as to the responsibility for, and the operation and management of, the arrangements;

• (f) as to the establishment and operation of a panel to make recommendations as to—

• (i) whether a child should be placed for adoption;

• (ii) whether a prospective adopter is suitable to adopt a child;

• (iii) whether a particular child should be placed for adoption with a particular prospective adopter;

• (g) for resolving complaints about services provided in accordance with the specified arrangements;

• (h) as to the determination of disputes between the authorities which are parties to the arrangements.

• (4) Where the Welsh Ministers exercise their power of direction under subsection (1) they must within 21 days of the giving of the direction—

• (a) report to the National Assembly for Wales that the power has been exercised, and

• (b) lay a copy of the direction before the National Assembly for Wales.

• (5) In this section—

• “a pooled fund” is a fund made up of contributions by two or more local authorities out of which payments may be made towards relevant expenditure;

• “relevant expenditure” is expenditure incurred in connection with the provision of services provided in accordance with the specified arrangements;

• “specified” means specified in a direction under this section.

3ZA

• (1) The Secretary of State may give directions requiring one or more local authorities in England to make arrangements for all or any of their functions within subsection (3) to be carried out on their behalf by—

• (a) one of those authorities, or

• (b) one or more other adoption agencies.

• (2) A direction under subsection (1) may, in particular—

• (a) specify who is to carry out the functions, or

• (b) require the local authority or authorities to determine who is to carry out the functions.

• (3) The functions mentioned in subsection (1) are functions in relation to—

• (a) the recruitment of persons as prospective adopters;

• (b) the assessment of prospective adopters' suitability to adopt a child;

• (c) the approval of prospective adopters as suitable to adopt a child;

• (d) decisions as to whether a particular child should be placed for adoption with a particular prospective adopter;

• (e) the provision of adoption support services.

• (4) The Secretary of State may give a direction requiring a local authority in England to terminate arrangements made in accordance with a direction under subsection (1).

• (5) A direction under this section may make different provision for different purposes.

• (6) The Secretary of State may by regulations amend subsection (3).

The Care Standards Act 2000 (c. 14)

In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act or the 2014 Act listed in the right-hand column.