PART 4DUTIES OF ADOPTION AGENCY IN RESPECT OF A PROSPECTIVE ADOPTER
Requirement to carry out police checks23
1
An adoption agency must take steps to obtain—
a
in respect of the prospective adopter, an enhanced criminal record certificate within the meaning of section 115 of the Police Act 199715 including the matters specified in subsection (6A) of that section; and
b
in respect of any other member of his household aged 18 or over, an enhanced criminal record certificate under section 115 of that Act including the matters specified in subsection (6A) of that section.
2
An adoption agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over—
a
has been convicted of a specified offence committed at the age of 18 or over; or
b
has been cautioned by a constable in respect of any such offence which, at the time the caution was given, he admitted.
3
In paragraph (2), “specified offence” means—
a
an offence against a child;
b
an offence specified in Part 1 of Schedule 3;
c
an offence contrary to section 170 of the Customs and Excise Management Act 197916 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography)17 where the prohibited goods included indecent photographs of children under the age of 16;
d
any other offence involving bodily injury to a child, other than an offence of common assault or battery,
and the expression “offence against a child” has the meaning given to it by section 26(1) of the Criminal Justice and Court Services Act 200018 except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was aged 13 or over at the time the offence was committed.
4
An adoption agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over—
a
has been convicted of an offence specified in paragraph 1 of Part 2 of Schedule 3 committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted; or
b
falls within paragraph 2 or 3 of Part 2 of Schedule 3,
notwithstanding that the statutory offences specified in Part 2 of Schedule 3 have been repealed.
5
Where an adoption agency becomes aware that a prospective adopter or a member of his household falls within paragraph (2) or (4), the agency must notify the prospective adopter as soon as possible that he cannot be considered suitable to adopt a child.