The Adoption Agencies (Scotland) Regulations 2009: Scottish Government Response to Consultation

Regulation 15 - Consent certificate; no consent or failure to return consent certificate (now Regulation 20)

No specific question was asked in relation to this Regulation but comments were received to the effect that there is no timescale within which a local authority must make a determination to proceed as though parental agreement is not forthcoming.

Scottish Government response/action

A determination to proceed as though parental agreement is not forthcoming is linked to whichever of paragraphs (1)(a), (b) or (c) this Regulation applies. In the case of paragraph (1)(a), the decision should be taken as soon as practicable after the expiry of 28 days from the date the relevant certificate was received by the parent or guardian. In the case of paragraph (1)(b) the decision should be taken as soon as possible after the local authority have made all "reasonable efforts" to try and contact the parent or guardian. So far as paragraph (1)(c) is concerned, the decision should be as soon as practicable after the local authority has received written notification from the parent or guardian that they have withdrawn their agreement. This issue will be addressed in guidance to ensure that there is no unnecessary delay in a determination being made.