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ADOPTION POLICY REVIEW GROUP: CHOICES FOR CHILDREN IN FOSTERING AND ADOPTION
Chapter 14. Children Waiting for Permanence and Adoption
(a) Section 44 of the 1995 Act
This section makes it an offence to 'publish any matter in respect of a case about which the Principal Reporter has from any source received information or any matter in respect of proceedings at a children's hearing' or any related court case if it 'is intended to, or is likely to, identify' a child involved in such proceedings, or an address or school for the child. This is intended to prevent publicity about children's cases within the hearing system. However, it has given rise to long-running discussions as to whether it also prohibits the publication of photographs of children who are subject to supervision and for whom permanent/adoptive carers are being sought. In England and Wales, photographs of children are regularly published, without identifying information, where permanent/adoptive carers are sought. It is felt that Scottish children are disadvantaged because the debate leads many authorities not to use photographs in publications such as Be My Parent, or in other types of circulation of information about children. Such a perceived disadvantage may increase with the introduction of the National Register.
An amendment of s.44 seems required to clarify the matter. It would also be helpful to have a provision allowing such use of photographs with or without parental permission.
(b) Restrictions on removal of children
These are dealt with in ss.27-31 of the 1978 Act, which provide rules for a variety of situations:
- where child placed for adoption with agreement of birth parents, s.27;
- where child has lived for five years with someone who has applied to adopt or given notice of intention to adopt, s.28;
- return of child removed in contravention of ss.27 and 28, s.29;
- return of child placed for adoption, s.30;
- return of child not placed for adoption where carer has given notice of intention to adopt, s.31.
These provisions are extremely confusing, and quite possibly do not cover all the variations of circumstances which can arise before an adoption application is raised or granted. The supporting court rules also need clarification and tidying up: RCS 1994 rr.67.18 and 67.28; and AS 1997 r 2.36.
QUESTION:
50. What are views on these issues?
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