46Assessment of applicants for adoption

46 Assessment of applicants for adoption

46 Assessment of applicants for adoption

(1) The relevant decision-maker may—

(a) decline to assess, or

(b) approve or approve subject to conditions, or

(c) decline to approve,

an applicant as suitable to adopt a child or a particular child.

(2) Without limiting subclause (1), the relevant decision-maker may decline to assess, or decline to approve, an applicant or applicants as suitable to adopt a child if the applicant or applicants have made an application to another relevant decision-maker and that other decision-maker—

(a) is assessing the suitability of the applicant or applicants to adopt the child or a particular child, or

(b) has approved, or approved subject to conditions, the applicant or applicants as suitable to adopt a child or particular child.

(3) In assessing the suitability of applicants to adopt, 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) and to the prescribed selection criteria.

(4) 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 44.

(5) In assessing the suitability of applicants to adopt, the relevant decision-maker must take into account whether any other person who resides at the home of the applicant 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 44.

(6) The relevant decision-maker must decline to approve an application made jointly by a couple if the relevant decision-maker determines that a person of the couple is not suitable to adopt a child.

(7) If the relevant decision-maker is a principal officer, he or she must—