The Adoption Agencies Regulations 2005

Adoption agency decision and notification

27.—(1) The adoption agency must make a decision about whether the prospective adopter is suitable to adopt a child.

(2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

(3) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify him in writing of its decision.

(4) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must—

(a) notify the prospective adopter in writing that it proposes not to approve him as suitable to adopt a child (“qualifying determination”);

(b) send with that notification its reasons together with a copy of the recommendation of the adoption panel if that recommendation is different;

(c) advise the prospective adopter that within 40 working days beginning with the date on which the notification was sent he may—

(i) submit any representations he wishes to make to the agency; or

(ii) apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

(5) If, within the period of 40 working days referred to in paragraph (4), the prospective adopter has not made any representations or applied to the Secretary of State for a review by an independent review panel, the adoption agency shall proceed to make its decision and shall notify the prospective adopter in writing of its decision together with the reasons for that decision.

(6) If, within the period of 40 working days referred to in paragraph (4), the adoption agency receives further representations from the prospective adopter, it may refer the case together with all the relevant information to the adoption panel for further consideration.

(7) The adoption panel must consider any case referred to it under paragraph (6) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to adopt a child.

(8) The adoption agency must make a decision on the case but—

(a) if the case has been referred to the adoption panel under paragraph (6), the agency must make the decision only after taking into account the recommendations of the adoption panel made under both paragraph (7) and regulation 26; or

(b) if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, the agency must make the decision only after taking into account the recommendation of the independent review panel and the recommendation of the adoption panel made under regulation 26.

(9) As soon as possible after making its decision under paragraph (8), the adoption agency must notify the prospective adopter in writing of its decision stating its reasons for that decision if they do not consider the prospective adopter suitable to adopt a child, and of the adoption panel’s recommendation under paragraph (7), if this is different from the agency’s decision.

(10) In a case where an independent review panel has made a recommendation, the adoption agency shall send to the Secretary of State a copy of the notification referred to in paragraph (9).