I have some sympathy with the amendment, although there are problems with it. It would place a statutory duty on an adoption agency that had carried out any function in respect of an adopted person to make reasonable efforts to inform the birth parents where it was aware that that person had died. The reference to an adopted person in respect of whom the agency has carried out any

function would give the amendment a very broad scope. It could, for example, apply where an agency had placed a child for adoption or, in the case of a non-agency placement, notified of the intention to adopt.

As I said, I sympathise with the humane intentions behind the amendment. We all understand why it would be right for the birth family to know about the death of the adopted person, especially as we would want that distressing information to be passed on with care and consideration for their feelings. The national adoption standards state that where adoptive parents have agreed to inform the agency of the death of the adopted child, birth parents, or the next of kin will, if they wish, be informed by the adoption agency. I am pleased that the amendment does not go so far as to place a responsibility on to adoptive parents to inform the adoption agency if their adopted child should die. That would place a considerable pressure on adoptive parents at a very distressing time.

The amendment appears to be similar to schedule 2 to the Children Act 1989, which places an obligation on local authorities, when a child in their care dies, to notify, so far as reasonably practical, the child's parents and every person who has parental responsibility for them. In such a case the local authority would have direct responsibility for the care of that particular child. It is a slightly different situation with an adoption agency, which would not have that direct caring responsibility.

However, a similar duty might be placed on adoption agencies where they become aware of the death of the adopted person, under the powers in clause 9. As I suggested earlier, we would want to prescribe the way in which the agencies should carry this out, ensuring that they would not actively seek the information but would act only on information passed to them by the adoptive family. I am prepared to consider that and to consult adoption stakeholders about an appropriate way forward. I hope that with those assurances the hon. Gentleman will be prepared to withdraw the amendment.