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Section 32: Meaning of “protected child”.

Adoption Act 1976 · 1976 c. 36View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part III: Care and Protection of Children Awaiting Adoption

REPEALED on 2005-12-30 by Adoption and Children Act 2002.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of

section 32 of the Adoption (Scotland) Act 1978; or
Article 33 of the Adoption (Northern Ireland) Order 1987..

A child is not a protected child by reason of any such notice as is mentioned in subsection (1) while—

he is in the care of any person—
in any children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000;
in any school in which he is receiving full-time education;
in any health service hospital; or
he is—
suffering from mental disorder within the meaning of the Mental Health Act 1983; and
resident in a residential care home, within the meaning of Part I of Schedule 4 to the Health and Social Services and Social Security Adjudications Act 1983;
he is liable to be detained or subject to guardianship under the Mental Health Act 1983
he is in the care of any person in any home or institution not specified in this subsection but provided, equipped and maintained by the Secretary of State.

In subsection (3) “children’s home”, “school” and “health service hospital” have the same meaning as in the Children Act 1989.

A protected child ceases to be a protected child—

on the grant or refusal of the application for an adoption order;
on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;
in a case where no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;
on the making of a residence order, a care order or a supervision order under the Children Act 1989 in respect of the child;
on the appointment of a guardian for him under that Act;
on his attaining the age of 18 years; or
on his marriage,

whichever first occurs.

In subsection (4)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.