§ 37 — Grounds for dispensation of consent of relevant persons

37.—(1) The court may, on any of the following grounds, dispense with the consent required under section 26 of any relevant person of a child before the court:(a)

the child is the subject of an order under section 56(2)(a) of the Children and Young Persons Act 1993, or under section 56(2)(a) of that Act as applied by section 57 of that Act, being an order that is in force;

(b)

the relevant person has abandoned or neglected the child or cannot be found;

(c)

the relevant person has —(i)

intentionally caused grievous hurt to the child, or acted in a manner that the relevant person knew was likely to cause grievous hurt to the child; or

(ii)

caused, procured or knowingly permitted another person to cause grievous hurt to the child;

(d)

the relevant person —(i)

has at any time before the specified period, ill‑treated the child or caused, procured or knowingly permitted another person to ill‑treat the child; and

(ii)

by the end of the specified period, has not taken, or is unable or unwilling to take, reasonable steps to resolve the circumstances that caused or contributed to the ill‑treatment or that can cause or contribute to the recurrence of ill‑treatment;

(e)

the relevant person —(i)

failed to provide suitable care for the child at any time before the specified period, thereby causing the child to be in need of care or protection (whether before or during the specified period); and

(ii)

by the end of the specified period, has not taken, or is unable or unwilling to take, reasonable steps to resolve the circumstances that caused or contributed to the child being in need of care or protection or that can cause or contribute to the recurrence of the child being in need of care or protection;

(f)

the relevant person is a drug addict as defined in section 2 of the Misuse of Drugs Act 1973, has been convicted of offences under that Act (or any corresponding previous law) on at least 2 separate occasions and is, by virtue of his or her addiction and convictions, unable, unwilling or unlikely to care for the child;

(g)

the relevant person is in remand or serving a sentence of imprisonment, or is serving an order of detention under any written law (whether or not for his or her own rehabilitation or safety), for a duration as to render him or her unable, unwilling or unlikely to care for the child;

(h)

the relevant person has any physical or mental incapacity of such nature or degree, and the incapacity is likely to continue for such duration, as to render him or her unable, unwilling or unlikely to care for the child;

(i)

the consent of the relevant person, in the opinion of the court and in all the circumstances of the case, ought to be dispensed with.

(2) For the purpose of determining whether the ground in subsection (1)(h) exists in relation to a relevant person, the court must take into account a medical assessment or psychiatric assessment (as the case may be) of the relevant person.

(3) To avoid doubt, the court may dispense with the consent of any relevant person under subsection (1) even if the relevant person has made suitable initial arrangements for the child by placing the child under the care of another person or in a home for children and young persons, whether pursuant to a court order or voluntary care agreement under the Children and Young Persons Act 1993 or otherwise.

(4) In this section, “specified period”, in relation to the ill‑treatment of, or the failure to provide suitable care for, a child, means the following period (whichever is applicable) immediately preceding the making of an adoption application in respect of the child:(a)

where the child is below 3 years of age — 12 months;

(b)

where the child is 3 years of age or older — 24 months.

—(1) The court may, on any of the following grounds, dispense with the consent required under section 26 of any relevant person of a child before the court:(a)

the child is the subject of an order under section 56(2)(a) of the Children and Young Persons Act 1993, or under section 56(2)(a) of that Act as applied by section 57 of that Act, being an order that is in force;

(b)

the relevant person has abandoned or neglected the child or cannot be found;

(c)

the relevant person has —(i)

intentionally caused grievous hurt to the child, or acted in a manner that the relevant person knew was likely to cause grievous hurt to the child; or

(ii)

caused, procured or knowingly permitted another person to cause grievous hurt to the child;

(d)

the relevant person —(i)

has at any time before the specified period, ill‑treated the child or caused, procured or knowingly permitted another person to ill‑treat the child; and

(ii)

by the end of the specified period, has not taken, or is unable or unwilling to take, reasonable steps to resolve the circumstances that caused or contributed to the ill‑treatment or that can cause or contribute to the recurrence of ill‑treatment;

(e)

the relevant person —(i)

failed to provide suitable care for the child at any time before the specified period, thereby causing the child to be in need of care or protection (whether before or during the specified period); and

(ii)

by the end of the specified period, has not taken, or is unable or unwilling to take, reasonable steps to resolve the circumstances that caused or contributed to the child being in need of care or protection or that can cause or contribute to the recurrence of the child being in need of care or protection;

(f)

the relevant person is a drug addict as defined in section 2 of the Misuse of Drugs Act 1973, has been convicted of offences under that Act (or any corresponding previous law) on at least 2 separate occasions and is, by virtue of his or her addiction and convictions, unable, unwilling or unlikely to care for the child;

(g)

the relevant person is in remand or serving a sentence of imprisonment, or is serving an order of detention under any written law (whether or not for his or her own rehabilitation or safety), for a duration as to render him or her unable, unwilling or unlikely to care for the child;

(h)

the relevant person has any physical or mental incapacity of such nature or degree, and the incapacity is likely to continue for such duration, as to render him or her unable, unwilling or unlikely to care for the child;

(i)

the consent of the relevant person, in the opinion of the court and in all the circumstances of the case, ought to be dispensed with.

(2) For the purpose of determining whether the ground in subsection (1)(h) exists in relation to a relevant person, the court must take into account a medical assessment or psychiatric assessment (as the case may be) of the relevant person.

(3) To avoid doubt, the court may dispense with the consent of any relevant person under subsection (1) even if the relevant person has made suitable initial arrangements for the child by placing the child under the care of another person or in a home for children and young persons, whether pursuant to a court order or voluntary care agreement under the Children and Young Persons Act 1993 or otherwise.

(4) In this section, “specified period”, in relation to the ill‑treatment of, or the failure to provide suitable care for, a child, means the following period (whichever is applicable) immediately preceding the making of an adoption application in respect of the child:(a)

where the child is below 3 years of age — 12 months;

(b)

where the child is 3 years of age or older — 24 months.