The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005

PART 3 PROCEDURE FOR HANDLING APPLICATIONS

Procedure on receipt of application

11.  The intermediary agency must, on receipt of an application under regulation 5, take reasonable steps to confirm—

(a) the identity of the applicant or of any person acting on his behalf;

(b) the age of the applicant;

(c) that any person acting on behalf of the applicant is authorised to do so;

(d) in the case of an application by a relative of the adopted person, that the applicant is related to that person.

Contacting the appropriate adoption agency

12.—(1) The intermediary agency must (unless it is the appropriate adoption agency) take reasonable steps to establish whether an adoption agency was involved in the adoption and, if so, to identify the appropriate adoption agency.

(2) The steps referred to in paragraph (1) include—

(a) requesting that information in writing from the Registrar General;

(b) if the Registrar General certifies that he does not have that information, requesting it in writing from the court that made the adoption order;

(c) making enquiries of the local authority for the area where the adoption took place.

(3) Where the appropriate adoption agency has been identified, the intermediary agency must contact that agency in order to—

(a) ascertain whether a veto under regulation 8 exists;

(b) if no veto exists—

(i) ascertain whether the subject has, at any time, expressed his views to the agency about future contact with any relative of his or about his being approached with regard to such contact;

(ii) ascertain the agency’s views as to whether the application is appropriate having regard to the matters mentioned in regulation 6; and

(c) seek any other information required for the following purposes—

(i) tracing the subject;

(ii) enabling the subject to make an informed decision as to whether he consents to the disclosure of identifying information about him or to contact with the applicant;

(iii) counselling the subject in relation to that decision;

(iv) counselling the applicant.

(4) Unless a veto under regulation 8 applies, the appropriate adoption agency must take reasonable steps to provide the information sought from it under paragraph (3) and may disclose to the intermediary agency such information (including identifying information) as is necessary for that purpose.

Obtaining information from the Registrar General

13.—(1) If, in any of the cases mentioned in paragraph (2), the intermediary agency has not obtained from the appropriate adoption agency sufficient information for the purposes mentioned in regulation 12(3)(c), the intermediary agency may make a request in writing to the Registrar General for such of the following information as may assist it for those purposes—

(a) information he may hold that would enable an application to be made for a certificate from the Adopted Children Register;

(b) information from the Adoption Contact Register.

(2) The cases mentioned in paragraph (1) are—

(a) where the intermediary agency is unable to identify the appropriate adoption agency or ascertains that no adoption agency was involved in the adoption;

(b) where the intermediary agency contacts the appropriate adoption agency and ascertains that it does not hold the necessary information.

(3) Where the intermediary agency is the appropriate adoption agency and does not hold sufficient information for the purpose mentioned in regulation 12(3)(c)(i) it may request from the Registrar General such of the information mentioned in paragraph (1)(a) and (b) as may assist it for those purposes.

Registrar General to comply with request

14.—(1) The Registrar General must take reasonable steps to comply with a written request for information from an intermediary agency under regulation 12 or 13.

(2) If the Registrar General does not have the information about the appropriate adoption agency requested under regulation 12 he must provide the intermediary agency with written confirmation of that fact together with details of the court that made the adoption order.

Court to comply with request

15.—(1) The court must disclose any information requested in writing by the intermediary agency under regulation 12(2)(b) that is contained in court records.

(2) If the court does not have the information requested under regulation 12(2)(b) it must inform the intermediary agency of that fact in writing, specifying the searches made of court records and, if the court considers that the information may be found in the records of another court, provide the intermediary agency with details of that court.

Authorised disclosures

16.  An intermediary agency must treat information obtained or held for the purposes of these Regulations as confidential, but may disclose such information (including information that identifies any person) as is necessary—

(a) to the Registrar General or to the court for the purpose of obtaining information under regulation 12 or 13;

(b) to the appropriate adoption agency for the purposes of ascertaining its views or seeking information under regulation 12;

(c) to the subject to enable him to make an informed decision under regulation 7;

(d) to a person providing counselling in connection with an application under these Regulations.