§ 33 — Power to draw adverse inferences, etc., for failure to notify, etc.

33.—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, draw any adverse inference against the joint applicants or sole applicant (as the case may be) of an adoption application or any relevant person of the child before the court, or make any other order as the court thinks fit, if the court is satisfied that —(a)

the joint applicants (or either of them) or sole applicant (as the case may be) have or has failed to comply with section 22(1) or (2) or 30(1), (2) or (3);

(b)

before the issue of the ASA based on which the adoption application is made or the issue of any HSR filed in support of the adoption application, any fact or information that would have made a material impact on the assessment by the authorised adoption agency that was preparing the ASA or the adoption agency that was preparing the HSR (as the case may be), was not disclosed or made known to the agency by the joint applicants (or either of them) or sole applicant, as the case may be;

(c)

before the Guardian-in-Adoption’s affidavit was filed in court, any fact or information that would have made a material impact on the assessment of the Guardian‑in‑Adoption in the affidavit was not disclosed by 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 to the Guardian‑in‑Adoption either —(i)

directly to the Guardian-in-Adoption; or

(ii)

through an authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application; or

(d)

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 have or has provided false or misleading information pertaining to the proposed adoption to —(i)

the court;

(ii)

the Guardian-in-Adoption;

(iii)

the authorised adoption agency that issued the ASA on which the adoption application is made or the adoption agency that issued any HSR filed in support of the adoption application; or

(iv)

the authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application.

(2) Where the joint applicants or sole applicant (as the case may be) do not or does not comply with any requirement, order or direction given under section 32(1), the court may draw any adverse inference against the joint applicants or sole applicant (as the case may be) or make any other order as the court thinks fit.

(3) The court may strike out an adoption application in respect of a child if the application is not made within the period prescribed by the regulations beginning on the first day that any joint applicant or the sole applicant, as the case may be —(a)

resides with the child; or

(b)

starts spending any amount of time with the child for the purpose of considering whether to adopt the child.

(4) Subsection (3) does not apply if —(a)

before the date of commencement of this section, any joint applicant or the sole applicant (as the case may be) is residing with the child, or starts spending any amount of time with the child for the purpose of considering whether to adopt the child; or

(b)

any of the circumstances set out in section 57(4) applies to any joint applicant or the sole applicant (as the case may be) and, for this purpose, a reference to a potential adopter in that provision is to be read as a reference to a joint applicant or the sole applicant, as the case may be.

—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, draw any adverse inference against the joint applicants or sole applicant (as the case may be) of an adoption application or any relevant person of the child before the court, or make any other order as the court thinks fit, if the court is satisfied that —(a)

the joint applicants (or either of them) or sole applicant (as the case may be) have or has failed to comply with section 22(1) or (2) or 30(1), (2) or (3);

(b)

before the issue of the ASA based on which the adoption application is made or the issue of any HSR filed in support of the adoption application, any fact or information that would have made a material impact on the assessment by the authorised adoption agency that was preparing the ASA or the adoption agency that was preparing the HSR (as the case may be), was not disclosed or made known to the agency by the joint applicants (or either of them) or sole applicant, as the case may be;

(c)

before the Guardian-in-Adoption’s affidavit was filed in court, any fact or information that would have made a material impact on the assessment of the Guardian‑in‑Adoption in the affidavit was not disclosed by 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 to the Guardian‑in‑Adoption either —(i)

directly to the Guardian-in-Adoption; or

(ii)

through an authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application; or

(d)

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 have or has provided false or misleading information pertaining to the proposed adoption to —(i)

the court;

(ii)

the Guardian-in-Adoption;

(iii)

the authorised adoption agency that issued the ASA on which the adoption application is made or the adoption agency that issued any HSR filed in support of the adoption application; or

(iv)

the authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application.

(2) Where the joint applicants or sole applicant (as the case may be) do not or does not comply with any requirement, order or direction given under section 32(1), the court may draw any adverse inference against the joint applicants or sole applicant (as the case may be) or make any other order as the court thinks fit.

(3) The court may strike out an adoption application in respect of a child if the application is not made within the period prescribed by the regulations beginning on the first day that any joint applicant or the sole applicant, as the case may be —(a)

resides with the child; or

(b)

starts spending any amount of time with the child for the purpose of considering whether to adopt the child.

(4) Subsection (3) does not apply if —(a)

before the date of commencement of this section, any joint applicant or the sole applicant (as the case may be) is residing with the child, or starts spending any amount of time with the child for the purpose of considering whether to adopt the child; or

(b)

any of the circumstances set out in section 57(4) applies to any joint applicant or the sole applicant (as the case may be) and, for this purpose, a reference to a potential adopter in that provision is to be read as a reference to a joint applicant or the sole applicant, as the case may be.