The Adoption Agencies (Scotland) Regulations 2009

Review without request

10.—(1) Where an adoption agency has made a decision to approve a person as an adoptive parent that agency must, where paragraph (2) or (3) applies, carry out a review of the approval of the prospective adopter by complying with the requirements in paragraph (4).

(2) This paragraph applies where no child has been placed for adoption within 2 years from the date the adoption agency made the decision to approve that person as an adoptive parent under regulation 8(1) or 9(5)(a).

(3) This paragraph applies where–

(a) the adoption agency has placed a child or children with the prospective adopter in accordance with regulation 18;

(b) no application for an adoption order has been made in respect of the child; and

(c) the adoption agency considers that a review of the prospective adopter’s approval is necessary or appropriate to safeguard or promote the welfare of the child.

(4) The requirements are–

(a) to re-assess the prospective adopter’s suitability to become an adoptive parent by making such enquiries and obtaining such information as the adoption agency considers necessary in order to review whether the prospective adopter continues to be suitable to be an adoptive parent; and

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

(5) If, following the review, the adoption agency considers that the prospective adopter may no longer be suitable to be an adoptive parent it must–

(a) prepare a report on the re-assessment (“the review report”);

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

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

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

(6) At the end of the period of 14 days referred to in paragraph (5)(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.

(7) When a referral to the adoption panel is made under paragraph (6) the adoption agency must–

(a) notify the prospective adopter that the case has been referred to the adoption panel; and

(b) provide the prospective adopter with a copy of the report provided to the adoption panel which report shall exclude any information provided by any person in confidence.

(8) The adoption panel must consider the review report, the representations made by the prospective adopter (if any), and any other information passed to it by the adoption agency and make a recommendation as to whether the prospective adopter continues to be suitable to be an adoptive parent.