The Adoptions with a Foreign Element (Scotland) Regulations 2009

Review without request

19.—(1) Where an adoption agency has decided that prospective adopters are suitable to be adoptive parents, the agency must review that decision in accordance with this regulation unless the agency has received written notification from the Central Authority that the agreement under Article 17(c) of the Convention has been made.

(2) A review under this regulation must be carried out whenever the adoption agency considers it necessary but otherwise not more than one year after the decision and thereafter at intervals of not more than one year.

(3) When undertaking such a review the adoption agency must–

(a) make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopters continue to be suitable to be adoptive parents; and

(b) seek and take into account the views of the prospective adopters.

(4) If following the review, the adoption agency considers that the prospective adopters may no longer be suitable to be adoptive parents it must–

(a) prepare a written report (the “review report”) setting out the agency’s reasons for its view;

(b) notify the prospective adopters that the case is to be referred to the adoption panel;

(c) send the prospective adopters a copy of the review report; and

(d) invite the prospective adopters to submit any representations to the adoption agency within 14 days of the report’s being sent.

(5) At the end of the period of 14 days referred to in paragraph (4)(d) (or earlier if any representations of the prospective adopters are received before that period has expired), the adoption agency must send the review report, together with any such representations, to the adoption panel.

(6) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

(7) The adoption panel must consider the review report, the prospective adopters' representations (if any) and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopters continue to be suitable to be adoptive parents.

(8) The adoption agency must, having taken into account the adoption panel’s recommendation under paragraph (7), make a decision as to whether the prospective adopters continue to be suitable to be adoptive parents; and paragraphs (2) to (9) of regulation 18 apply to that recommendation or, as the case may be, decision as if–

(a) references to the recommendation of the adoption panel were references to a recommendation under paragraph (7); and

(b) references to the decision were to a decision under this paragraph.