The Specified Offences for Which an Individual is Deemed Unsuitable to Foster or Adopt a Child

Regulation 25 of the Adoption Agencies Regulations 2005 (as amended) and Regulation 26 of the Fostering Services Regulations 2011 identify certain criminal offences as "specified offences". The Regulations state that a person is not suitable to be a foster carer or to adopt a child if s/he, or any adult member of their household, has been convicted of, or cautioned for, a specified offence. Some offences are specified offences only in particular circumstances.

This chapter lists The Specified Offences for Which an Individual is Deemed Unsuitable to Foster or Adopt a Child and, where appropriate, identifies the circumstances in which they are specified offences. The list includes some "repealed offences" – that is offences under law which has now been repealed. These remain specified offences and they still disqualify the convicted person, and any member of their household, from being approved to foster or adopt.

The following are always specified offences:

• Cruelty to a child;
• Infanticide;
• Taking an indecent photograph of a child under the age of 16;
• Allowing an indecent photograph of a child under the age of 16 to be taken;
• Importing, distributing, advertising, showing or possessing an indecent photograph of a child under the age of 16;
• Abduction of child by parent;
• Rape of a child under 13;
• Assault of a child under 13 by penetration;
• Sexual assault of a child under 13;
• Causing or inciting a child under 13 to engage in sexual activity;
• Sexual activity with a child (But this is not a specified offence if the offender was under 20 and the child was over 13 at the time of the offence).;
• Causing or inciting a child to engage in sexual activity;
• Engaging in sexual activity in the presence of a child;
• Causing a child to watch a sexual act;
• Arranging or facilitating the commission of a child sex offence;
• Meeting a child following sexual grooming;
• Abuse of a position of trust – Sexual activity with a child;
• Abuse of a position of trust – Causing or inciting a child to engage in sexual activity;
• Abuse of a position of trust – Engaging in sexual activity in the presence of a child;
• Abuse of a position of trust – Causing a child to watch a sexual act;
• Sexual activity with a child family member;
• Inciting a child family member to engage in sexual activity;
• Paying for the sexual services of a child;
• Causing or inciting child prostitution or pornography;
• Controlling a child prostitute or a child involved in pornography;
• Arranging or facilitating child prostitution or pornography.

The following are specified offences if the victim was a child:

• Murder;
• Kidnapping;
• False imprisonment;
• Wounding;
• Assault causing grievous bodily harm;
• Assault causing actual bodily harm;
• Rape;
• Assault by penetration;
• Sexual assault;
• Causing a person to engage in sexual activity without consent;
• Sexual activity with a person with a mental disorder impeding choice;
• Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity;
• Engaging in sexual activity in the presence of a person with a mental disorder impeding choice;
• Causing a person with a mental disorder impeding choice to watch a sexual act;
• Inducement, threat or deception to procure sexual activity with a person with a mental disorder;
• Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deception;
• Engaging in sexual activity in the presence, procured by inducement, threat or deception of a person with a mental disorder;
• Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception;
• Sexual activity with a person with a mental disorder (Care worker);
• Causing or inciting sexual activity (Care worker);
• Sexual activity in the presence of a person with a mental disorder (Care worker);
• Causing a person with a mental disorder to watch a sexual act (Care worker);
• Causing or inciting prostitution for gain;
• Controlling prostitution for gain;
• Trafficking into the UK for sexual exploitation;
• Trafficking within the UK for sexual exploitation;
• Trafficking out of the UK for sexual exploitation;
• Administering a substance with intent;
• Exposure;
• Voyeurism;
• Trafficking people for exploitation.

The following are specified offences in the circumstances stated:

• Making a threat to kill:
  • By making a threat to kill a child.
• Supply of Class A drug:
  • By supplying or offering to supply a Class A drug to a child;
  • Or by being concerned in the supplying of a Class A drug to a child;
  • Or by being concerned in the making to a child of an offer to supply a Class A drug.
• Committing an offence with intent to commit a sexual offence:
  • Where the intended offence was an offence against a child.
• Trespass with intent to commit a sexual offence:
  • Where the intended offence was an offence against a child.
• Causing or allowing the death of a child or vulnerable adult:
  • In respect of the death of a child.

It is also a specified offence against a child to conspire or attempt to commit, or to aid, abet, counsel, procure or incite any of the above offences.

The following offences are specified offences in the circumstances stated:

• Rape:
  • In all cases.
• Assault by penetration:
  • In all cases.
• Causing a person to engage in sexual activity without consent:
  • If the sexual activity was penetrative.
• Sexual activity with a person with a mental disorder impeding choice:
  • If the sexual activity was penetrative.
• Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity:
  • If the sexual activity was penetrative.
• Inducement, threat or deception to procure sexual activity with a person with a mental disorder impeding choice:
  • If the sexual activity was penetrative.
• Causing a person with a mental disorder impeding choice to engage in or agree to engage in sexual activity by inducement, threat or deception:
  • If the sexual activity was penetrative.
• Importing an indecent image of a child:
  • In all cases.
• Any other offence involving bodily injury to a child, other than common assault or battery.

The following repealed offences are always specified offences:

• Abduction of a girl under 18;
• Abduction of a girl under 16;
• Permitting a girl under 16 to use premises for sexual intercourse;
• Permitting a girl under 13 to use premises for sexual intercourse;
• Causing or encouraging prostitution of, intercourse with, or indecent assault on, a girl under 16;
• Indecent conduct towards a young child;
• Inciting a girl under 16 to incest;
• Abuse of trust.

The following repealed offences are specified offences if the victim was a child:

• Procurement of a woman by threats or false pretences;
• Administering drugs to obtain or facilitate intercourse;
• Indecent assault;
• Assault with intent to commit buggery;
• Abduction of a woman by force or for the sake of her property;
• Detention of a woman in a brothel or other premises.

The following repealed offences are specified offences in the circumstances described:

• Intercourse with a girl under 16:
  • Unless the offender was under the age of 20 and the girl was over the age of 13 at the time of the offence.
• Intercourse with a defective:
  • By having sexual intercourse with a child.
• Procurement of a defective:
  • By procuring a child to have sexual intercourse.
• Incest by a man:
  • By having sexual intercourse with a child.
• Incest by a woman:
  • By allowing a child to have sexual intercourse with her.
• Buggery:
  • With a child under 16, unless the offender was under the age of 20 at the time of the offence.
• Gross indecency:
  • With a child, unless the offender was under the age of 20 at the time of the offence.
• Abduction of a defective from a parent or guardian:
  • By abducting a child.
• Causing prostitution of women:
  • In relation to a child.
• Procuration of a girl under 21:
  • By procuring a child to have sexual intercourse with a third person.
• Permitting a defective to use premises for sexual intercourse:
  • By inducing or suffering a child to resort to or be on premises for the purposes of having sexual intercourse.
• Causing or encouraging prostitution of a defective:
  • By causing or encouraging the prostitution of a child.
• Man living on the earnings of prostitution:
  • Where the prostitute is a child.
• Woman exercising control over prostitute:
  • Where the prostitute is a child.
• Sexual intercourse with patients (Mental Health Act 1959 Section 138):
  • By having sexual intercourse with a child.
• Procuring others to commit homosexual acts:
  • By procuring a child to commit buggery with any person, or by procuring any person to commit buggery with a child.
• Living on the earnings of male prostitution:
  • By living wholly or partly on the earnings of prostitution of a child.
• Burglary:
  • With intent to rape a child.