New provisions on the disclosure of information
Adoption and Children Bill
10:10 am

James Paton:

I will make two points on that. The 1996 draft Bill included a clause that children over the age of 12 should consent to adoption. The consultation responses on that were overwhelmingly negative, indicating that it would place too great a burden on children. It was removed from the Bill on that basis. Clause 1(4)(a), however, will oblige the court to have regard to the child's ascertainable wishes and feelings regarding decisions, including the decision on making the adoption order. They will be

``considered in the light of the child's age and understanding''.

On the child's representation, the Bill provides for officers of the Children and Family Court Advisory Service, the children's guardian in such cases, to be appointed for placement order and adoption order proceedings. The child's guardian will therefore be present to represent its views to the court and to ensure that the court process is explained to it appropriately and sensitively. In terms of the child being a party to proceedings—

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