§ 34 — Power to order assessments and submission of further information and documents

34.—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, for any of the purposes specified in subsection (2) —(a)

order any person who, in the opinion of the court, is able to provide any information or documents that the court may specify, to provide the information or documents to the court or the Guardian‑in‑Adoption;

(b)

order the joint applicants (or either of them) or sole applicant (as the case may be) of an adoption application, or any relevant person of the child before the court, to —(i)

undergo any medical, psychiatric or psychological assessment, or other assessment, that the court thinks necessary;

(ii)

send the child before the court to undergo any medical, psychiatric or psychological assessment, or other assessment, that the court thinks necessary; or

(iii)

render any assistance to the court that the court thinks necessary; or

(c)

make any order or give any other direction as the court thinks fit.

(2) The purposes mentioned in subsection (1) are as follows:(a)

to obtain any information as to the family background, general conduct, home environment, school record, medical history and state of development of the child, that may enable the court to deal with the adoption application with regard to the welfare of the child;

(b)

to determine whether the consent required under section 26 of any relevant person of the child has been validly obtained or ought to be dispensed with;

(c)

to determine whether the joint applicants or sole applicant (as the case may be) are or is suitable to adopt the child.

(3) Unless the court orders otherwise, the costs of and incidental to any assessment required by the court under subsection (1) must be borne by —(a)

in the case of an assessment required of any joint applicant, the sole applicant or the child before the court — the joint applicants or sole applicant, as the case may be; or

(b)

in the case of an assessment required of any relevant person of the child before the court — the relevant person.

(4) Any report of an assessment required to be submitted to the court under subsection (1) may be received and considered by the court without being read aloud.

(5) Where the joint applicants (or either of them) or sole applicant (as the case may be) fail or fails to comply with any order of the court under subsection (1), the court may draw any adverse inference against the joint applicants or sole applicant, as the case may be.

(6) Where any relevant person of the child before the court fails to comply with any order of the court under subsection (1), the court may draw any adverse inference against the relevant person when deciding whether the consent of the relevant person required under section 26 has been validly obtained or ought to be dispensed with.

(7) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order given under subsection (1) is not a contempt of court.

(8) If any order under subsection (1) is not complied with, the court may —(a)

stay the adoption proceedings until the order has been complied with;

(b)

order any person responsible for the non‑compliance to pay the costs of the adoption proceedings; or

(c)

make any other order as the court thinks fit.

—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, for any of the purposes specified in subsection (2) —(a)

order any person who, in the opinion of the court, is able to provide any information or documents that the court may specify, to provide the information or documents to the court or the Guardian‑in‑Adoption;

(b)

order the joint applicants (or either of them) or sole applicant (as the case may be) of an adoption application, or any relevant person of the child before the court, to —(i)

undergo any medical, psychiatric or psychological assessment, or other assessment, that the court thinks necessary;

(ii)

send the child before the court to undergo any medical, psychiatric or psychological assessment, or other assessment, that the court thinks necessary; or

(iii)

render any assistance to the court that the court thinks necessary; or

(c)

make any order or give any other direction as the court thinks fit.

(2) The purposes mentioned in subsection (1) are as follows:(a)

to obtain any information as to the family background, general conduct, home environment, school record, medical history and state of development of the child, that may enable the court to deal with the adoption application with regard to the welfare of the child;

(b)

to determine whether the consent required under section 26 of any relevant person of the child has been validly obtained or ought to be dispensed with;

(c)

to determine whether the joint applicants or sole applicant (as the case may be) are or is suitable to adopt the child.

(3) Unless the court orders otherwise, the costs of and incidental to any assessment required by the court under subsection (1) must be borne by —(a)

in the case of an assessment required of any joint applicant, the sole applicant or the child before the court — the joint applicants or sole applicant, as the case may be; or

(b)

in the case of an assessment required of any relevant person of the child before the court — the relevant person.

(4) Any report of an assessment required to be submitted to the court under subsection (1) may be received and considered by the court without being read aloud.

(5) Where the joint applicants (or either of them) or sole applicant (as the case may be) fail or fails to comply with any order of the court under subsection (1), the court may draw any adverse inference against the joint applicants or sole applicant, as the case may be.

(6) Where any relevant person of the child before the court fails to comply with any order of the court under subsection (1), the court may draw any adverse inference against the relevant person when deciding whether the consent of the relevant person required under section 26 has been validly obtained or ought to be dispensed with.

(7) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any order given under subsection (1) is not a contempt of court.

(8) If any order under subsection (1) is not complied with, the court may —(a)

stay the adoption proceedings until the order has been complied with;

(b)

order any person responsible for the non‑compliance to pay the costs of the adoption proceedings; or

(c)

make any other order as the court thinks fit.