Adoption Regulation 2015

The relevant decision-maker may—

approve or approve subject to conditions, or

decline to approve,

Without limiting subclause (1), the relevant decision-maker may decline to approve the authorised carer as suitable to adopt the child if the authorised carer has made an application to another relevant decision-maker and that other decision-maker—

is assessing the suitability of the authorised carer to adopt the child, or

has approved, or approves subject to conditions, the authorised carer as suitable to adopt the child.

In assessing the suitability of an authorised carer to adopt a child under this Part, the relevant decision-maker is to have regard to the provisions of Part 1 of Chapter 4 of the Act (so far as they are relevant), the prescribed selection criteria and any information obtained or check conducted under clause 58.

If the relevant decision-maker is a principal officer, the relevant decision-maker may (instead of having regard to the prescribed selection criteria) have regard to any criteria to assess the suitability of applicants to adopt a child notified to the Secretary in accordance with the Children’s Guardian Regulation 2022, Schedule 5, section 11(2)(a) and any information obtained or check conducted under clause 58.

In assessing the suitability of an authorised carer to adopt a child under this Part, the relevant decision-maker must take into account whether any other person who resides at the home of the authorised carer is of good repute and is a fit and proper person to associate with a child having regard to the information obtained and checks conducted in relation to the person under clause 58.

The relevant decision-maker must decline to approve an application made jointly by authorised carers if the relevant decision-maker determines that any of them is not suitable to adopt a child.

A relevant decision-maker must not assess an authorised carer as suitable to adopt a child unless the authorised carer and every adult person who resides with the authorised carer has a working with children check clearance that is in force under the Child Protection (Working with Children) Act 2012 or is exempted by the regulations under that Act from the requirement to hold such a clearance.