35.—(1) This paragraph applies where the adoption agency—
(a)has decided in accordance with regulation 33 to place a child for adoption with a particular prospective adopter; and
(b)has met with the prospective adopter to consider the arrangements it proposes to make for the placement of the child with him.
(2) Where paragraph (1) applies, the adoption agency must, as soon as possible, send the prospective adopter a placement plan in respect of the child which covers the matters specified in Schedule 5 (“the adoption placement plan”).
(3) Where the prospective adopter notifies the adoption agency that he wishes to proceed with the placement and the agency is authorised to place the child for adoption or, subject to paragraph (4), the child is less than 6 weeks old, the agency may place the child for adoption with the prospective adopter.
(4) Unless there is a placement order in respect of the child, the adoption agency may not place for adoption a child who is less than six weeks old unless the parent or guardian of the child has agreed in writing with the agency that the child may be placed for adoption.
(5) Where the child already has his home with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed for adoption with him by that agency.
(6) The adoption agency must before the child is placed for adoption with the prospective adopter—
(a)send to the prospective adopter's general practitioner written notification of the proposed placement and send with that notification a written report of the child's health history and current state of health;
(b)send to the local authority (if that authority is not the adoption agency) and Primary Care Trust or Local Health Board (Wales) M1, in whose area the prospective adopter has his home, written notification of the proposed placement; and
(c)where the child is of compulsory school age M2, send to the local education authority, in whose area the prospective adopter has his home, written notification of the proposed placement and information about the child's educational history and whether he has been or is likely to be assessed for special educational needs under the Education Act 1996.
(7) The adoption agency must notify the prospective adopter in writing of any change to the adoption placement plan.
(8) The adoption agency must place on the child's case record—
(a)in the case of a child who is less than 6 weeks old and in respect of whom there is no placement order, a copy of the agreement referred to in paragraph (4); and
(b)a copy of the adoption placement plan and any changes to that plan.
Marginal Citations
M1See sections 2 and 6 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
M2See section 8 of the Education Act 1996 (c. 56).