§ 17 — Appeal to Guardian-in-Adoption

17.—(1) Where the applicants or applicant to whom an ASA is issued are or is aggrieved by —(a)

the assessment of an authorised adoption agency in the ASA;

(b)

the variation or revocation of the ASA under section 15(1); or

(c)

the refusal of the authorised adoption agency that issued the ASA to vary or revoke the ASA upon an application for a variation or revocation of the ASA under section 15(1),

the applicants (each called in this section a joint appellant) or applicant (called in this section the appellant) may appeal to the Guardian‑in‑Adoption in accordance with this section against the assessment, variation, revocation or refusal.

(2) An appeal under this section may be made only on one or more of the following grounds:(a)

the assessment of the authorised adoption agency in the ASA or the decision of the authorised adoption agency to vary or revoke the ASA or to refuse to vary or revoke the ASA (as the case may be) was —(i)

based on a material error of fact; or

(ii)

irrational;

(b)

the authorised adoption agency took into account irrelevant facts or information, or failed to take into account relevant facts or information, in making the assessment in the ASA or the decision to vary or revoke the ASA or to refuse to vary or revoke the ASA, as the case may be.

(3) An appeal under this section must —(a)

be in writing;

(b)

specify the name and address of each joint appellant or the appellant, as the case may be;

(c)

contain a concise statement of the circumstances under which the appeal arises, each ground of the appeal and the facts and issues in the appeal;

(d)

be supported by the relevant information or documents in relation to each ground of the appeal; and

(e)

be made within —(i)

in the case of an appeal against the assessment in an ASA — 14 days after the ASA was issued;

(ii)

in the case of an appeal against the variation or revocation of an ASA or the refusal to vary or revoke an ASA — 14 days after the joint appellants or the appellant were or was notified of the variation, revocation or refusal, as the case may be; or

(iii)

in any case — any longer period that the Guardian‑in‑Adoption may allow in the particular case.

(4) The Guardian-in-Adoption may require the joint appellants or the appellant (as the case may be) to provide the Guardian‑in‑Adoption with the information or documents necessary for determining the appeal; and the joint appellants or the appellant (as the case may be) must provide the information or documents in the manner and within the period specified by the Guardian‑in‑Adoption.

(5) The Guardian-in-Adoption may decline to consider an appeal under this section if —(a)

any requirement in subsection (3) or (4) is not satisfied or complied with; or

(b)

an appeal was previously made under this section in relation to the same ASA on the same ground or grounds and on the same facts.

(6) Upon considering an appeal under this section, the Guardian‑in‑Adoption may do any or more of the following:(a)

confirm, vary or reverse the whole or any part of the assessment, variation, revocation or refusal by the authorised adoption agency concerned;

(b)

vary or revoke the ASA concerned;

(c)

extend the validity of the ASA concerned for any period specified by the Guardian‑in‑Adoption.

(7) The joint appellants or the appellant concerned must be notified of the Guardian‑in‑Adoption’s decision under subsection (6)(a) or (b) and the reasons for the decision.

(8) An appeal under this section does not affect the validity of any assessment, variation, revocation or refusal to vary or revoke by an authorised adoption agency, or prevent the taking of any action to implement the assessment, variation, revocation or refusal, unless directed by the Guardian‑in‑Adoption in any particular case.

—(1) Where the applicants or applicant to whom an ASA is issued are or is aggrieved by —(a)

the assessment of an authorised adoption agency in the ASA;

(b)

the variation or revocation of the ASA under section 15(1); or

(c)

the refusal of the authorised adoption agency that issued the ASA to vary or revoke the ASA upon an application for a variation or revocation of the ASA under section 15(1),

the applicants (each called in this section a joint appellant) or applicant (called in this section the appellant) may appeal to the Guardian‑in‑Adoption in accordance with this section against the assessment, variation, revocation or refusal.

(2) An appeal under this section may be made only on one or more of the following grounds:(a)

the assessment of the authorised adoption agency in the ASA or the decision of the authorised adoption agency to vary or revoke the ASA or to refuse to vary or revoke the ASA (as the case may be) was —(i)

based on a material error of fact; or

(ii)

irrational;

(b)

the authorised adoption agency took into account irrelevant facts or information, or failed to take into account relevant facts or information, in making the assessment in the ASA or the decision to vary or revoke the ASA or to refuse to vary or revoke the ASA, as the case may be.

(3) An appeal under this section must —(a)

be in writing;

(b)

specify the name and address of each joint appellant or the appellant, as the case may be;

(c)

contain a concise statement of the circumstances under which the appeal arises, each ground of the appeal and the facts and issues in the appeal;

(d)

be supported by the relevant information or documents in relation to each ground of the appeal; and

(e)

be made within —(i)

in the case of an appeal against the assessment in an ASA — 14 days after the ASA was issued;

(ii)

in the case of an appeal against the variation or revocation of an ASA or the refusal to vary or revoke an ASA — 14 days after the joint appellants or the appellant were or was notified of the variation, revocation or refusal, as the case may be; or

(iii)

in any case — any longer period that the Guardian‑in‑Adoption may allow in the particular case.

(4) The Guardian-in-Adoption may require the joint appellants or the appellant (as the case may be) to provide the Guardian‑in‑Adoption with the information or documents necessary for determining the appeal; and the joint appellants or the appellant (as the case may be) must provide the information or documents in the manner and within the period specified by the Guardian‑in‑Adoption.

(5) The Guardian-in-Adoption may decline to consider an appeal under this section if —(a)

any requirement in subsection (3) or (4) is not satisfied or complied with; or

(b)

an appeal was previously made under this section in relation to the same ASA on the same ground or grounds and on the same facts.

(6) Upon considering an appeal under this section, the Guardian‑in‑Adoption may do any or more of the following:(a)

confirm, vary or reverse the whole or any part of the assessment, variation, revocation or refusal by the authorised adoption agency concerned;

(b)

vary or revoke the ASA concerned;

(c)

extend the validity of the ASA concerned for any period specified by the Guardian‑in‑Adoption.

(7) The joint appellants or the appellant concerned must be notified of the Guardian‑in‑Adoption’s decision under subsection (6)(a) or (b) and the reasons for the decision.

(8) An appeal under this section does not affect the validity of any assessment, variation, revocation or refusal to vary or revoke by an authorised adoption agency, or prevent the taking of any action to implement the assessment, variation, revocation or refusal, unless directed by the Guardian‑in‑Adoption in any particular case.