The Independent Review of Determinations (Adoption) Regulations 2004

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(b) takes place on or after 30 April 2004.[a]

    (4) In these Regulations - [b]

"the Act" means the Adoption Act 1976;

"the 1983 Regulations" means the Adoption Agencies Regulations 1983[2];

"adoption panel" means a panel established in accordance with regulation 5 of the 1983 Regulations;

"the central list" shall be construed in accordance with regulation 3(2);

"panel" means a panel constituted in accordance with regulation 3(1);

"prospective adopter" means a person who proposes to adopt a child;

"review meeting" means a meeting convened in accordance with regulation 10 for the purposes of reviewing a qualifying determination; and

"social worker" means a social worker within the meaning of Part IV of the Care Standards Act 2000[3].

Qualifying determination
     2. For the purposes of section 9A(1) of the Act, a qualifying determination is a determination that has been made by an adoption agency in accordance with regulation 11A of the 1983 Regulations, that the adoption agency considers that a prospective adopter is not suitable to be an adoptive parent and does not propose to approve him as suitable to be an adoptive parent.

Membership of panels
     4.  - (1) The maximum number of people who may be appointed to a panel is 10.

    (2) The panel shall include at least - 

(a) two persons falling within regulation 3(3)(a);

(b) one person falling within regulation 3(3)(b); and

(c) in addition at least four other persons falling within regulation 3(3)(c).

    (3) A person shall not be appointed to a panel if - 

(a) he or a member of his family was involved in the making of the qualifying determination in question;

(b) he is employed by the adoption agency which made the qualifying determination in question or was employed by that agency within the period of two years prior to the date on which the qualifying determination was made;

(c) where the adoption agency which made the qualifying determination is a local authority, he is an elected member of that local authority or was such a member within the period of two years prior to the date on which the qualifying determination was made;

(d) where the adoption agency which made the qualifying determination is an appropriate voluntary organisation, he is concerned with the management of that agency or was so concerned within the period of two years prior to the date on which the qualifying determination was made;

(e) he was approved as a prospective adopter by the adoption agency which made the qualifying determination in question;

(f) in the case of an adopted person, the adoption agency which made the qualifying determination in question was the adoption agency which arranged his adoption; or

(g) he knows, in a personal or professional capacity, the person making the application under regulation 9.

    (4) In this regulation - 

(a) "employed" includes employed whether or not for payment and whether under a contract of service or a contract for services or as a volunteer; and

(b) "a member of his family" means - 


(i) his spouse;

(ii) a member of his household; or

(iii) a son, daughter, mother, father, sister or brother of his or of his spouse.

Chair and vice chair
     5.  - (1) The Secretary of State shall appoint to chair the panel a person who has expertise in adoption work and the skills and experience necessary for chairing a panel.

    (2) The Secretary of State shall appoint one of the members of the panel as vice chair to act as chair if the person appointed to chair the panel is absent.

Expenses of panel members
     6. The Secretary of State may pay to any member of a panel such sum in respect of expenses as the Secretary of State considers to be reasonable.

Meetings of panels
     7. The proceedings of the panel will not be invalidated provided at least six of its members including the chair or vice chair and a social worker are present.

Records
     8. The Secretary of State shall ensure that a written record of a panel's review of a qualifying determination, including the reasons for its recommendation and whether the recommendation was unanimous or that of a majority, is retained - 

(a) for a period of 12 months from the date on which the recommendation is made; and

(b) in conditions of appropriate security.

Recommendation of panel
     11.  - (1) The panel's recommendation may be that of the majority.

    (2) The recommendation and the reasons for it and whether it was unanimous or that of a majority must be recorded without delay in a document signed and dated by the chair.

    (3) The panel must without delay send a copy of the recommendation and the reasons for it to the prospective adopter and to the adoption agency which made the qualifying determination.

Order for payment of costs
     12. 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.

Amendment of the 1983 Regulations
     13.  - (1) The 1983 Regulations shall be amended in accordance with the following paragraphs.

    (2) In regulation 1(3) (interpretation) - 

(a) at the appropriate place insert - 

" "independent review panel" means a panel constituted under section 9A of the Act;"; and

(b) in the definition of "registration authority", after the second "the" insert "2000".

    (3) In regulation 11A (adoption agency decisions and notifications- prospective adopters) - 

(a) in paragraph (2), after "panel" insert "or an independent review panel";

(b) for paragraph (4)(c) substitute - 


" (c) notify the prospective adopter in writing that within 28 days - 


(i) he may submit any representations he wishes to make in writing to the agency; or

(ii) he may apply to the Secretary of State for a review by an independent review panel of the agency's proposal not to approve him as suitable to be a prospective adopter (referred to in this regulation as a "qualifying determination").";



(c) in paragraph (5) for "the prospective adopter has not made any representations" substitute "the prospective adopter has not applied to the Secretary of State for a review by an independent review panel of the qualifying determination or made any representations to the agency";

(d) after paragraph (5) insert - 

    " (5A) If the agency receives notification from the Secretary of State that a prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, it shall within 7 days after the date of that notification submit to the Secretary of State - 


(a) the written report in respect of the prospective adopter referred to in regulation 8(2)(g);

(b) any written representations made by the prospective adopter in accordance with regulation 8(2)(h);

(c) all of the information obtained by the agency in respect of the prospective adopter under regulation 8 or otherwise;

(d) the documents referred to in paragraph (4)(a) and (b).";



(e) for paragraph (8) substitute - 

    " (8) The agency shall make a decision on the case and, in addition to the requirements of paragraph (1), - 


(a) if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, it shall make the decision only after taking into account any recommendation of that panel made in accordance with the Independent Review of Determinations (Adoption) Regulations 2004; or

(b) if the case has been referred to an adoption panel under paragraph (6), it shall make the decision only after taking into account any recommendation of the adoption panel made by virtue of paragraph (7).";



(f) in paragraph (9) after "and" insert ", if the case has been referred to an adoption panel under paragraph (6),"; and

(g) after paragraph (9) insert - 

    " (9A) In a case where an independent review panel has made a recommendation, the agency shall send to the independent review panel a copy of the notification referred to in paragraph (9).".

Margaret Hodge
Minister of State, Department for Education and Skills

2nd February 2004

[2] S.I. 1983/1964. Relevant amending instruments are S.I. 1997/649 and 2308, 2001/2237, 2002/3220 and 2003/367.back

[3] 2000 c. 14. By virtue of section 55(2)(a) and (4) of the Care Standards Act 2000, a social worker for the purpose of Part IV of that Act is a person who engages in relevant social work that is required in connection with any health, education or social services provided by any person.back

[b] Amended by Correction Slip. and accordingly regulation 1(5) should be renumbered as regulation 1(4). back