The Independent Review of Determinations (Adoption) (Wales) Regulations 2005

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"the 2005 Regulations" ("Rheoliadau 2005") means the Adoption Agencies (Wales) Regulations 2005[2];

"adoption agency" ("asiantaeth fabwysiadu") means an appropriate voluntary organisation or local authority;

"adoption panel" ("panel mabwysiadu") means a panel established in accordance with regulation 3 of the 2005 Regulations;

"National Assembly" ("Cynulliad Cenedlaethol") means the National Assembly for Wales;

"prospective adopter" ("darpar fabwysiadwr") means a person who proposes to adopt a child;

"working day" ("diwrnod gwaith") means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971[3].

    (2) In these Regulations, unless the context requires otherwise, a reference —

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Qualifying determinations
     3. For the purposes of section 12(2) of the Act, a qualifying determination is a determination that has been made by an adoption agency in accordance with the 2005 Regulations as follows:

(a) where under regulation 28(4) of the 2005 Regulations the agency do not propose to approve a prospective adopter as suitable to be an adoptive parent;

(b) where the agency consider that a prospective adopter is no longer suitable to be an adoptive parent following a review under regulation 30 of the 2005 Regulations.

Membership of panels
     5. —(1) Subject to paragraphs (2) and (3), the National Assembly must appoint no more than five persons as members of the panel, who must (where reasonably practicable) include:

(a) an adoptive parent; and

(b) an adopted person who has attained the age of 18 years.

    (2) The panel must be advised by:

(a) a social worker within the meaning of Part IV of the Care Standards Act 2000[4] and has at least 5 years post qualifying experience in adoption and family placement work;

(b) a registered medical practitioner with expertise in adoption work; and

(c) where the panel considers it appropriate, a legal advisor with knowledge and expertise in adoption legislation.

    (3) No person will be appointed, either as a member or an advisor, to a panel which is convened to review a qualifying determination made by an adoption agency by which he or she was employed at any time in the two years before the date on which the case is referred to the panel.

    (4) In this regulation reference to having been employed includes being employed by an adoption agency whether or not for payment and whether under a contract of services or a contract for services or as a volunteer.

Chair and vice chair
     6. When constituting a panel in accordance with regulation 4, the National Assembly will appoint:

(a) to chair the panel a person who has —


(i) expertise in adoption work; and

(ii) the skills and experience necessary for chairing a panel; and



(b) one of the members of the panel as vice chair to act as chair if the person appointed to chair the panel is absent or his or her office is vacant.

Administration of Panels
     7. The panel will be administered by the National Assembly, who will make suitable provision for clerking services to the panel.

Expenses of panel members
     8. The National Assembly may at its discretion pay to any member of a panel such fees as the National Assembly considers to be reasonable.

Meetings of panels
     9. A panel must not conduct any business unless at least four of its members including the chair or vice chair meet as a panel.

Records
     10. A panel must —

(a) keep a written record of its reviews of qualifying determinations, including the reasons for its recommendations; and

(b) ensure that such records are kept in conditions of appropriate security.

Acknowledgement of application
     12. The National Assembly must acknowledge in writing within 5 working days, receipt of any request made in accordance with regulation 11.

Appointment of panel and notification of review
     13. —(1) The National Assembly must notify the adoption agency within 5 working days of receipt of any request made in accordance with regulation 11.

    (2) The National Assembly must, within 25 working days of receipt of a request which has been made in accordance with regulation 11 appoint a panel and set a date for the panel to meet and review that qualifying determination.

    (3) The date fixed for the review will be no later than 3 months after the date that the determination is referred.

    (4) The National Assembly must inform the adoption agency and the prospective adopter of the date, time and place for the review no less than 5 working days before the date fixed for the review.

    (5) The National Assembly will ensure that the panel receive all relevant papers relating to the review no less than 5 working days before the date fixed for the review.

Recommendation of panel
     14. —(1) The panel's recommendation must be that of the majority.

    (2) The recommendation may be made and announced at the end of the review or reserved.

    (3) The recommendation and the reasons for it must be recorded without delay in a document signed and dated by the chair.

    (4) The recommendation must be treated as having been made on the date on which the chair signed the document referred to in paragraph (3).

    (5) The National Assembly must without delay and in any event no later than 10 working days after the date on which the recommendation is made send a copy of the recommendation to —

(a) the adoption agency which made the qualifying determination; and

(b) the prospective adopter.

Order for payment of costs
     15. The panel may make an order for the payment by the adoption agency by which the qualifying determination reviewed was made of such costs as the adoption panel considers reasonable.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 July 2005

[2] S.I 2005/1313 (W.95).back

[3] 1971 c.80.back

[4] 2000 c.14. By virtue of section 55(2)(a) and (4) of the Care Standards Act 2000, a social worker for the purposes of Part IV of that Act, is a person who engages in social work that is required in connection with any health, education or social services provided by any person.back

[5] 1998 c. 38.back