The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011

Amendment of the Independent Review of Determinations (Adoption and Fostering) Regulations 2009

4.—(1) The Independent Review of Determinations (Adoption and Fostering) Regulations 2009(1) are amended as follows.

(2) In regulation 2—

(a) in paragraph (c) of the definition of “applicant” for “regulation 28(6)(a) or 29(7)(a) of the FSR” substitute “regulation 27(6)(a) or 28(7)(a) of the FSR”,

(b) in the definition of “fostering panel” for “regulation 24” substitute “regulation 23”, and

(c) in the definition of “the FSR” for “the Fostering Services Regulations 2002(2)” substitute “the Fostering Services (England) Regulations 2011(3)”.

(3) In regulation 4—

(a) in paragraph (a) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 28(6)” substitute “regulation 27(6)(a)”, and

(b) in paragraph (b) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 29(7)” substitute “regulation 28(7)(a)”.

(4) Regulations 6, 7 and 8 are omitted.

(5) In regulation 10 (disqualification of panel members)—

(a) for paragraph (1)(b) substitute—

“(b) where the organisation which made the qualifying determination is a local authority, P is—

(i) an elected member of that authority, or

(ii) employed by that authority for the purposes of the adoption service or for the purposes of any of that authority’s functions relating to the protection or placement of children;”,

(b) in paragraph (1)(c) omit “, or has been within the period of one year prior to the date on which the qualifying determination was made,”,

(c) omit paragraph (1)(d),

(d) for paragraph (1)(e) substitute—

“(e) the organisation which made the qualifying determination—

(i) has placed a child with P as a local authority foster parent, or

(ii) has placed a child for adoption with P, unless at least 12 months has elapsed since the adoption order was made in respect of the child;”, and

(e) omit paragraph (2)(b).

(6) In regulation 13(3)(a) for “regulation 29A” substitute “regulation 29”.

(7) In regulation 15(1) for “unless all three members are present” substitute “unless three members of the panel are present including at least two persons falling within regulation 5(3)(a)”.

(1)

S.I. 2009/395.

(2)

S.I. 2002/57.

(3)

S.I. 2011/581.