England and Wales 

The agency should have the legal authority to place the child for adoption, or have made an application for a placement order and obtained the court’s consent, before advertising that child.   Under the Adoption and Children Act 2002, authority to place a child for adoption is obtained by the adoption agency having either: 

 • The formally given and witnessed consent of each parent with parental responsibility and any legal guardian (including a special guardian) of the child under section 19 of the Act; or  

• A placement order granted to the local authority under section 21 of the Act in relation to that child.

 Where authority to place a child is by consent under section 19 of the Act, the agency should first obtain the consent of each parent with parental responsibility and legal guardian (including a special guardian) before advertising.

If the child is currently subject to placement order proceedings the local authority must seek the consent of the court to advertise the child. 

When a placement order has been granted the consent of the parent or the court is not required. The local authority can consent to advertising. However the agency should obtain the consent of the child where the agency considers the child is of sufficient age and understanding.  

Transitional issues   

• Freeing orders made before 30 December 2005 will remain in force unless they are revoked. Thus, agencies should already have the relevant permission to feature children.  

• Where an application for a freeing order was made before 30 December 2005 and is pending, the application will   continue as an application for a freeing order and, if successful, a freeing order will be granted and the agency can consent to advertising.  

• While freeing proceedings are pending the agency will need to secure the court’s permission to feature the child in Children Who Wait and Children Who Wait Online. 

Where the child is subject to a care order, the agency must obtain authority to place the child for adoption under  the 2002 Act (see above), or have applied for a placement order and obtained the court’s consent before the child  can be advertised. 

Where a child is the subject of an interim care order (under section 38 of the Children Act 1989) in care proceedings and the plan is for adoption, the local authority will need to apply for a placement order. It may be possible to feature a child in this situation, but the relevant local authority’s legal department should be consulted on its views about publicity, and it may be necessary to secure the court’s permission before proceeding.  

Where a child is accommodated under section 20 of the Children Act 1989, birth parents will keep their parental responsibility and thus they will need to agree to the child being featured. 

Scotland 

As with the position in England and Wales, at least one person or body with parental responsibility should consent to publicity or the featuring of any child where adoption is the plan.  

Where children are under a supervision order granted through the children’s hearings system, or are accommodated by the local authority under section 25 of the Children (Scotland) Act 1989, birth parents will keep their parental responsibility and thus they will need to agree to the child being featured. However, where a parental responsibility order has been granted, the local authority will have parental responsibility and will not need to obtain the parents’ consent. However the parents will still have the right to consent to or oppose any future adoption order. 

Where children are subject to a freeing order, the local authority will have parental responsibility for the children and will thus be able to feature children. 

In all cases 

Where there is any doubt about the necessary authority to feature children, the relevant local authority’s legal department should always be consulted.