The Adoption Agencies (Scotland) Regulations 2009

Functions of the adoption panel

6.—(1) The adoption panel must consider–

(a) the case of every child;

(b) every proposed placement; and

(c) the case of every prospective adopter,

referred to it by the adoption agency.

(2) The adoption panel must make recommendations on the following matters:–

(a) whether adoption is in the best interests of the child;

(b) whether an application for a permanence order granting authority for the child to be adopted should be made under section 80 of the Act;

(c) whether a prospective adopter is suitable or continues to be suitable to be an adoptive parent;

(d) whether a prospective adopter would be a suitable adoptive parent for a particular child; and

(e) any other matter referred to the adoption panel which is relevant to the adoption agency’s functions under the Act.

(3) Where an adoption panel makes a recommendation under paragraph (2)(a) that adoption is in the best interests of the child it must provide a written report of the consideration given by it to the alternatives to adoption.

(4) Where an adoption panel makes a recommendation that there should be continued contact between the child and the child’s parent or parents, it must provide a written report of the reasons why continued contact is in the best interests of the child.

(5) Before making a recommendation under paragraph (2)(c) the adoption panel must give the prospective adopter the opportunity to meet with the adoption panel to discuss the matter with them.

(6) Subject to paragraph (7) the adoption panel may make any of the recommendations in paragraph (2) at the same time or at different times.

(7) Before making a recommendation specified in paragraph (2)(d) the adoption panel must–

(a) at the meeting of the panel at which the recommendation is to be made, be satisfied that adoption is in the best interests of the child; or

(b) be satisfied that an adoption agency decision has been made under regulation 13 that adoption is in the best interests of the child; and

(c) in either case–

(i) at the meeting of the panel at which the recommendation specified in paragraph (2)(d) is to be made, make a recommendation that the prospective adopter is suitable to be an adoptive parent; or

(ii) be satisfied that an adoption agency decision has been made under regulation 8(1) or 9(5) that the prospective adopter is suitable to be an adoptive parent.

(8) In carrying out its functions the adoption panel must have regard to–

(a) the duties imposed on the adoption agency by section 14 of the Act;

(b) all the information and reports passed to it;

(c) any other information which may be provided to it on request; and

(d) where appropriate, any legal advice in relation to each case.

(9) In paragraph (4) “parent” means a parent who has any parental responsibilities or parental rights in relation to the child.