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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Duties of adoption agency prior to decision on suitability

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16.—(1) This regulation applies to an adoption agency to which regulation 14(2) applies.

(2) The adoption agency must so far as is reasonably practicable obtain–

(a)such information in relation to the prospective adopters as is referred to in Part I of Schedule 1 to the Adoption Agencies Regulations; and

(b)any other relevant information which may be requested by the adoption panel.

(3) Where the adoption agency is not the local authority in whose area the prospective adopters have their home–

(a)the agency must request the authority to provide any relevant information relating to the prospective adopters of which the authority is aware; and

(b)the authority must provide the information.

(4) The adoption agency must prepare a written report which–

(a)identifies the Convention country from which the prospective adopters wish to adopt a child;

(b)confirms the prospective adopters are eligible to adopt a child under the law of that Convention country;

(c)provides any other information obtained as a consequence of the requirements of that Convention country;

(d)includes the adoption agency’s assessment of the prospective adopters' suitability to be adoptive parents;

(e)includes any other observations of the adoption agency on the matters referred to in this regulation and regulations 12, 14 and 15; and

(f)includes any other information about the prospective adopters of the type specified in Article 15(1) of the Convention.

(5) The adoption agency must notify the prospective adopters that their application is to be referred to an adoption panel and, at the same time–

(a)send the prospective adopters a copy of the written report referred to in paragraph (4) (excluding any information from third parties given in confidence); and

(b)invite the prospective adopters to send any observations on the report in writing to the agency within a period of 14 days beginning with the date on which the notification was sent.

(6) At the end of the period of 14 days referred to in paragraph (5) (or earlier if any observations of the prospective adopters are received before that period has expired), the adoption agency must refer the prospective adopters' case to the adoption panel and pass to the panel–

(a)the written report referred to in paragraph (4);

(b)all relevant information obtained by the agency under this regulation and regulations 14 and 15; and

(c)any observations of the prospective adopters on the written report.

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