Adoption and Children Act (Northern Ireland) 2022

Removal of children who are or may be placed by adoption agencies

General prohibitions on removal

27.—(1) Where—

(a) a child is placed for adoption by an adoption agency under section 16; or

(b) a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,

a person (other than the agency) must not remove the child from the prospective adopters.

(2) Where—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an authority; and

(b) the authority has applied to the court for a placement order and the application has not been disposed of,

only a person who has the court’s leave (or the authority) may remove the child from the accommodation.

(3) Where subsection (2) does not apply, but—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency; and

(b) the agency is authorised to place the child for adoption under section 16 or would be so authorised if any consent to placement under that section had not been withdrawn,

a person (other than the agency) must not remove the child from the accommodation.

(4) This section is subject to sections 28 to 30 but those sections do not apply if the child is subject to a care order.

(5) This group of sections (that is, this section and those sections) apply whether or not the child in question is in Northern Ireland.

(6) This group of sections does not affect the exercise by any authority or other person of any power conferred by any statutory provision, other than Article 22(2) of the Children Order (removal of children from accommodation provided under Article 21).

(7) This group of sections does not prevent the removal of a child who is arrested.

(8) A person who removes a child in contravention of this section is guilty of an offence and 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.

Recovery by parent etc. where child not placed or is a baby

28.—(1) Subsection (2) applies where—

(a) a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency; and

(b) the agency would be authorised to place the child for adoption under section 16 if consent to placement under that section had not been withdrawn.

(2) If any parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G, the agency must secure the child’s return to P or G within the period of 14 days beginning with the request unless an application is, or has been, made for a placement order and the application has not been disposed of.

(3) Subsection (4) applies where—

(a) a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption; and

(b) any parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G,

unless an application is, or has been, made for a placement order and the application has not been disposed of.

(4) The agency must give notice of the parent’s or guardian’s wish to the prospective adopters who must secure the child’s return to the agency within the period of seven days beginning with the day on which the notice is given.

(5) A prospective adopter who fails to comply with subsection (4) is guilty of an offence and 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.

(6) The agency must secure the child’s return to the parent or guardian in question before the end of the period of seven days from the day on which the child returns to the agency.

Recovery by parent etc. where child placed and consent withdrawn

29.—(1) This section applies where—

(a) a child is placed for adoption by an adoption agency under section 16; and

(b) consent to placement under that section has been withdrawn,

unless an application is, or has been, made for a placement order and the application has not been disposed of.

(2) If a parent or guardian (“P or G”) of the child informs the agency that P or G wishes the child to return to P or G—

(a) the agency must give notice of P’s or G’s wish to the prospective adopters; and

(b) the prospective adopters must secure the return of the child to the agency within the period of seven days beginning with the day on which the notice is given.

(3) A prospective adopter who fails to comply with subsection (2)(b) is guilty of an offence and 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.

(4) The agency must secure the return of the child to the parent or guardian in question within the period of seven days beginning with the day on which the child returns to the agency.

(5) Where a notice under subsection (2) is given, but—

(a) before the notice was given, an application for an adoption order, special guardianship order or residence order, or for leave to apply for a special guardianship order or residence order, was made in respect of the child; and

(b) the application (and, in a case where leave is given on an application to apply for a special guardianship order or residence order, the application for the order) has not been disposed of,

the prospective adopters are not required by virtue of the notice to secure the return of the child to the agency unless the court so orders.

(6) In subsection (5) references to an application for an adoption order are references to an application for an adoption order under the law of any part of the United Kingdom.

Recovery by parent etc. where child placed and placement order refused

30.—(1) This section applies where—

(a) a child is placed for adoption by an adoption authority under section 16;

(b) the adoption authority has applied for a placement order and the application has been refused; and

(c) any parent or guardian (“P or G”) of the child informs the adoption authority that P or G wishes the child to return to P or G.

(2) The prospective adopters must secure the return of the child to the adoption authority on a date determined by the court.

(3) A prospective adopter who fails to comply with subsection (2) is guilty of an offence and 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.

(4) The adoption authority must secure the return of the child to the parent or guardian in question within the period of seven days beginning with the day on which the child returns to the adoption authority.

Placement orders: prohibition on removal

31.—(1) Where a placement order in respect of a child—

(a) is in force; or

(b) has been revoked, but the child has not returned from the prospective adopters or remains in any accommodation provided by an adoption authority,

a person (other than the adoption authority) may not remove the child from the prospective adopters or from accommodation provided by the adoption authority.

(2) A person who removes a child in contravention of subsection (1) is guilty of an offence.

(3) Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must secure the return of the child to the adoption authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.

(4) Where a court revoking a placement order in respect of a child determines that the child is to return to a parent or guardian, the adoption authority must secure the return of the child to the parent or guardian before the end of the period of seven days—

(a) from the day on which the child returns to the adoption authority; or

(b) where the child is in accommodation provided by the adoption authority, from the day on which the revocation of the placement order comes into force.

(5) A person guilty of an offence under this section 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.

(6) This section does not affect the exercise by any adoption authority or other person of a power conferred by any statutory provision, other than Article 22(2) of the Children Order.

(7) This section does not prevent the removal of a child who is arrested.

(8) This section applies whether or not the child in question is in Northern Ireland.

Return of child in other cases

32.—(1) Where a child is placed for adoption by an adoption agency and the prospective adopters give notice to the agency of their wish that the child return to the agency to end the placement, the agency must—

(a) receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice; and

(b) give notice to any parent or guardian of the child of the prospective adopters’ wish to end the placement.

(2) Where a child is placed for adoption by an adoption agency, and the agency—

(a) is of the opinion that the child should not remain with the prospective adopters; and

(b) gives notice to them of its opinion,

the prospective adopters must, not later than the end of the period of seven days beginning with the giving of the notice, secure the child’s return to the agency.

(3) If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to secure the child’s return to the agency.

(4) A prospective adopter who fails to comply with subsection (2) is guilty of an offence and 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.

(5) Where—

(a) an adoption agency gives notice under subsection (2) in respect of a child;

(b) before the notice was given, an application for an adoption order, special guardianship order or residence order, or for leave to apply for a special guardianship order or residence order, was made in respect of the child; and

(c) the application (and, in a case where leave is given on an application to apply for a special guardianship order or residence order, the application for the order) has not been disposed of,

prospective adopters are not required by virtue of the notice to secure the child’s return to the agency unless the court so orders.

(6) This section applies whether or not the child in question is in Northern Ireland.

(7) In subsection (5)(b) “adoption order” means an adoption order made under the law of any part of the United Kingdom.