§ 29 — Powers of Guardian-in-Adoption, etc., to direct and request persons to undergo assessments, etc.

29.—(1) The Guardian-in-Adoption may, for the purpose of discharging his or her duty under section 27(1) in relation to an adoption application, do any one or more of the following:(a)

direct the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child before the court —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose; or

(ii)

to submit to the Guardian‑in‑Adoption any information or document that the Guardian‑in‑Adoption considers relevant to that purpose;

(b)

request any relative or member of the household of the joint applicants (or either of them) or sole applicant, as the case may be —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose; or

(ii)

to submit to the Guardian‑in‑Adoption any information or document that the Guardian‑in‑Adoption considers relevant to that purpose;

(c)

direct the joint applicants or sole applicant (as the case may be) or any relevant person of the child before the court, to send the child for any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose;

(d)

where the Guardian-in-Adoption has reason to believe that a particular person can provide any information or document that is relevant to that purpose — request that person to provide the information or document.

(2) In addition to the powers under subsection (1), the Guardian‑in‑Adoption may, for the purpose of discharging his or her duty under section 27(1) in relation to an adoption application, require an authorised adoption agency to —(a)

carry out —(i)

any supervision or consultation of the child before the court, the joint applicants (or either of them) or sole applicant, as the case may be; or

(ii)

any preliminary investigation as to the circumstances of the child before the court, the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child, including any preliminary investigation as to the home environment of the child while residing with the joint applicants (or either of them) or sole applicant, as the case may be; and

(b)

submit to the Guardian-in-Adoption a report of the supervision, consultation or preliminary investigation mentioned in paragraph (a) or any other information or document that the Guardian‑in‑Adoption considers relevant to that purpose.

(3) Where an authorised adoption agency is required under subsection (2) to carry out any supervision, consultation or preliminary investigation —(a)

all the powers of the Guardian‑in‑Adoption under subsection (1) are exercisable by the authorised adoption agency; and

(b)

a reference to the Guardian‑in‑Adoption in subsection (1) includes a reference to that authorised adoption agency.

(4) Where the joint applicants (or either of them) or the sole applicant (as the case may be) fail or fails to comply with any direction under subsection (1) made by the Guardian‑in‑Adoption or an authorised adoption agency, the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the joint applicants or sole applicant (as the case may be) when making an assessment in the Guardian‑in‑Adoption’s affidavit as to whether an adoption order ought to be made in the circumstances; or

(b)

solely on the basis of the failure, make an assessment in the Guardian‑in‑Adoption’s affidavit that an adoption order ought not to be made in the circumstances.

(5) Where any relevant person fails to comply with any direction given under subsection (1) by the Guardian‑in‑Adoption or an authorised adoption agency, the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the relevant person when making an assessment in the Guardian‑in‑Adoption’s affidavit as to whether the consent of the relevant person required under section 26 has been validly obtained or ought to be dispensed with; or

(b)

solely on the basis of the failure, make an assessment in the Guardian‑in‑Adoption’s affidavit that —(i)

the consent of the relevant person required under section 26 (if not obtained from the relevant person) ought to be dispensed with; or

(ii)

the consent of the relevant person required under section 26 (if obtained from the relevant person) has been validly obtained.

(6) The Guardian-in-Adoption and an authorised adoption agency are not personally liable, and the Government is not liable, for —(a)

the cost of any assessment directed or requested under subsection (1); or

(b)

the cost of obtaining or submitting any report of any assessment directed or requested under subsection (1).

(7) An individual cannot rely on —(a)

the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or

(b)

any rule of law relating to legal professional privilege or any other privilege, or the public interest,

to refuse to provide any information or document directed to be provided under subsection (1)(a)(ii).

—(1) The Guardian-in-Adoption may, for the purpose of discharging his or her duty under section 27(1) in relation to an adoption application, do any one or more of the following:(a)

direct the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child before the court —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose; or

(ii)

to submit to the Guardian‑in‑Adoption any information or document that the Guardian‑in‑Adoption considers relevant to that purpose;

(b)

request any relative or member of the household of the joint applicants (or either of them) or sole applicant, as the case may be —(i)

to undergo any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose; or

(ii)

to submit to the Guardian‑in‑Adoption any information or document that the Guardian‑in‑Adoption considers relevant to that purpose;

(c)

direct the joint applicants or sole applicant (as the case may be) or any relevant person of the child before the court, to send the child for any medical, psychiatric or psychological assessment, or any other assessment, that the Guardian‑in‑Adoption considers relevant to that purpose;

(d)

where the Guardian-in-Adoption has reason to believe that a particular person can provide any information or document that is relevant to that purpose — request that person to provide the information or document.

(2) In addition to the powers under subsection (1), the Guardian‑in‑Adoption may, for the purpose of discharging his or her duty under section 27(1) in relation to an adoption application, require an authorised adoption agency to —(a)

carry out —(i)

any supervision or consultation of the child before the court, the joint applicants (or either of them) or sole applicant, as the case may be; or

(ii)

any preliminary investigation as to the circumstances of the child before the court, the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child, including any preliminary investigation as to the home environment of the child while residing with the joint applicants (or either of them) or sole applicant, as the case may be; and

(b)

submit to the Guardian-in-Adoption a report of the supervision, consultation or preliminary investigation mentioned in paragraph (a) or any other information or document that the Guardian‑in‑Adoption considers relevant to that purpose.

(3) Where an authorised adoption agency is required under subsection (2) to carry out any supervision, consultation or preliminary investigation —(a)

all the powers of the Guardian‑in‑Adoption under subsection (1) are exercisable by the authorised adoption agency; and

(b)

a reference to the Guardian‑in‑Adoption in subsection (1) includes a reference to that authorised adoption agency.

(4) Where the joint applicants (or either of them) or the sole applicant (as the case may be) fail or fails to comply with any direction under subsection (1) made by the Guardian‑in‑Adoption or an authorised adoption agency, the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the joint applicants or sole applicant (as the case may be) when making an assessment in the Guardian‑in‑Adoption’s affidavit as to whether an adoption order ought to be made in the circumstances; or

(b)

solely on the basis of the failure, make an assessment in the Guardian‑in‑Adoption’s affidavit that an adoption order ought not to be made in the circumstances.

(5) Where any relevant person fails to comply with any direction given under subsection (1) by the Guardian‑in‑Adoption or an authorised adoption agency, the Guardian‑in‑Adoption may —(a)

draw any adverse inference against the relevant person when making an assessment in the Guardian‑in‑Adoption’s affidavit as to whether the consent of the relevant person required under section 26 has been validly obtained or ought to be dispensed with; or

(b)

solely on the basis of the failure, make an assessment in the Guardian‑in‑Adoption’s affidavit that —(i)

the consent of the relevant person required under section 26 (if not obtained from the relevant person) ought to be dispensed with; or

(ii)

the consent of the relevant person required under section 26 (if obtained from the relevant person) has been validly obtained.

(6) The Guardian-in-Adoption and an authorised adoption agency are not personally liable, and the Government is not liable, for —(a)

the cost of any assessment directed or requested under subsection (1); or

(b)

the cost of obtaining or submitting any report of any assessment directed or requested under subsection (1).

(7) An individual cannot rely on —(a)

the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or

(b)

any rule of law relating to legal professional privilege or any other privilege, or the public interest,

to refuse to provide any information or document directed to be provided under subsection (1)(a)(ii).