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The Adoption Agencies (Scotland) Regulations 2009

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Review of adoption agency decisions

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9.—(1) Where a prospective adopter has, within the 28 day period referred to in regulation 8(6)(c), required a review of the decision made under regulation 8(1) the adoption agency must refer the case to the adoption panel for a recommendation.

(2) A referral under paragraph (1) must be made to a differently constituted adoption panel.

(3) Where a referral is made under paragraph (1) the adoption agency must provide the adoption panel with–

(a)a copy of its decision and reasons made under regulation 8(4);

(b)the report provided to the adoption panel under regulation 7(5)(d);

(c)any representations received by the adoption agency from the prospective adopter; and

(d)any other relevant information.

(4) The adoption panel must consider the case referred to it under paragraph (1) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to be an adoptive parent.

(5) The adoption agency must–

(a)make a decision (the “reviewed decision”) within 14 days of the date the fresh recommendation was made under paragraph (4); and

(b)notify the prospective adopter of its reviewed decision within 7 days of making the reviewed decision.

(6) Where the reviewed decision is that the prospective adopter is not suitable to be an adoptive parent the notification under paragraph (5)(b) must–

(a)state the reasons for the reviewed decision; and

(b)where the adoption panel’s fresh recommendation was that the prospective adopter was suitable to be an adoptive parent, include a copy of the adoption panel’s fresh recommendation.

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