While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant’s home except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.
Where a person ( “the prospective adopter”) gives notice to the local authority within whose area he has his home that he intends to apply for an adoption order in respect of a child who for the preceding 5 years has had his home with the prospective adopter, no person is entitled, against the will of the prospective adopter, to remove the child from the prospective adopter’s home, except with the leave of a court or under authority conferred by any enactment or on the arrest of the child, before—
(a) the prospective adopter applies for the adoption order, or
(b) the period of 3 months from the receipt of the notice by the local authority expires,
whichever occurs first.
The reference in subsections (1) and (2) to any enactment does not include a reference to section 20(8) of the Children Act 1989
In any case where subsection (1) or (2) applies and—
(a) the child was being looked after by a local authority before he began to have his home with the applicant or, as the case may be, the prospective adopter, and
(b) the child is still being looked after by a local authority,
the authority which are looking after the child shall not remove him from the home of the applicant or the prospective adopter except in accordance with section 30 or 31 or with the leave of a court.
In subsections (2) and (3) “a court” means a court with jurisdiction to make adoption orders.
A local authority which receive such notice as is mentioned in subsection (2) in respect of a child whom the authority know to be looked after by another local authority shall, not more than 7 days after the receipt of the notice, inform that other authority . . ., in writing, that they have received the notice.
Subsection (2) does not apply to any further notice served by the prospective adopter on any local authority in respect of the same child during the period referred to in paragraph (b) of that subsection or within 28 days after its expiry.
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
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The Secretary of State may by order amend subsection (1) or (2) to substitute a different period for the period of 5 years mentioned in that subsection (or the period which, by a previous order under this subsection, was substituted for that period).