The Independent Review of Determinations (Adoption) Regulations 2005

PART 2 PANELS

Constitution and membership of panels

4.—(1) The Secretary of State shall, on receipt of an application made by an applicant in accordance with regulation 10, constitute a panel for the purpose of reviewing the qualifying determination.

(2) The members of the panel shall be appointed by the Secretary of State from a list of persons (“the central list”) kept by the Secretary of State.

(3) The members of the central list shall include—

(a) social workers who have at least three years' post-qualifying experience in child care social work, including direct experience in adoption work;

(b) registered medical practitioners; and

(c) other persons who are considered by the Secretary of State to be suitable as members including, where reasonably practicable, persons with personal experience of adoption.

(4) Where the qualifying determination being reviewed is a suitability determination, the maximum number of people who may be appointed to a panel is ten and the panel shall include at least—

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

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

(c) four other persons falling within paragraph (3)(c) including where reasonably practicable at least two persons with personal experience of adoption.

(5) Where the qualifying determination being reviewed is a disclosure determination, the number of people who shall be appointed to a panel is three and the panel shall include at least two persons falling within paragraph (3)(a).

(6) The Secretary of State shall—

(a) appoint to chair the panel a person who has the skills and experience necessary for chairing a panel; and

(b) in the case of a panel constituted to review a suitability determination, 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 or if the office of chair is vacant.

(7) A person shall not be appointed to a panel if—

(a) he is a member of the adoption panel of the adoption agency that made the qualifying determination;

(b) where the adoption agency which made the qualifying determination is a local authority he is, or has been within the period of one year prior to the date on which the qualifying determination was made, employed by that authority in their children and family social services or a member of that authority;

(c) where the adoption agency which made the qualifying determination is a registered adoption society he is, or has been within the period of one year prior to the date on which the qualifying determination was made, an employee or a trustee of that agency;

(d) he is related to a person falling within sub-paragraph (a), (b) or (c);

(e) he has had a child placed for adoption with him by the adoption agency which made the qualifying determination;

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

(g) he was approved as a prospective adopter by the adoption agency that made the qualifying determination; or

(h) he knows the applicant in a personal or professional capacity.

(8) 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 person (“person A”) is related to another person (“person B”) if person A is—

(i) a member of the household of, or married to or the civil partner of, person B;

(ii) the son, daughter, mother, father, sister or brother of person B; or

(iii) the son, daughter, mother, father, sister or brother of the person to whom person B is married or with whom person B has formed a civil partnership.

Functions of panel constituted to review a suitability determination

5.—(1) This regulation applies where the qualifying determination being reviewed is a suitability determination.

(2) A panel constituted under regulation 4(4) shall review the suitability determination and—

(a) where paragraph (3) applies, make to the adoption agency that made the suitability determination a recommendation as to whether or not the prospective adopter is suitable to adopt a child; or

(b) where paragraph (4) applies, make to the adoption agency that made the suitability determination a recommendation that—

(i) it should prepare a prospective adopter’s report in accordance with paragraph (5) of regulation 25 of the Agencies Regulations to include all of the information required by that regulation; or

(ii) the prospective adopter is not suitable to adopt a child.

(3) This paragraph applies where the prospective adopter’s report included all of the information required by regulation 25 of the Agencies Regulations.

(4) This paragraph applies where the prospective adopter’s report, in accordance with regulation 25(7) of the Agencies Regulations, did not include all of the information required by regulation 25 of the Agencies Regulations.

(5) In considering what recommendation to make, the panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 28 of the Agencies Regulations;

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and

(c) may obtain such legal advice as it considers necessary in relation to the case.

Functions of panel constituted to review a disclosure determination

6.—(1) This regulation applies where the qualifying determination being reviewed is a disclosure determination.

(2) A panel constituted under regulation 4(5) shall review the disclosure determination and make to the adoption agency that made the disclosure determination a recommendation as to whether or not the agency should proceed with its original determination.

(3) In considering what recommendation to make, the panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 15(3) of the Disclosure Regulations;

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and

(c) may obtain such legal advice or advice from a registered medical practitioner included in the central list as it considers necessary in relation to the case.

Fees of panel members

7.  The Secretary of State may pay to any member of a panel such fees as the Secretary of State considers to be reasonable.

Meetings of panels

8.—(1) Where the qualifying determination being reviewed is a suitability determination, the proceedings of the panel will be invalidated unless at least five of its members including the chair or vice chair and a person falling within regulation 4(3)(a) are present.

(2) Where the qualifying determination being reviewed is a disclosure determination, the proceedings of the panel will be invalidated unless all three members are present.

Records

9.  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.