The Independent Review of Determinations (Adoption and Fostering) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Children Act 1989 (“the 1989 Act”) and the Adoption and Children Act 2002 (“the 2002 Act”). They apply in relation to England only. They make provision for the review of a qualifying determination by an independent panel appointed by the Secretary of State. The types of qualifying determination are:

(a) a determination made by an adoption agency under the Adoption Agencies Regulations 2005 (S.I. 2005/389) that it proposes not to approve a prospective adopter as suitable to adopt a child. Such a determination is specified in regulation 3 of these Regulations as a qualifying determination for the purposes of section 12(2) of the 2002 Act;

(b) a determination made by an adoption agency under the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 (S.I. 2005/888). Such a determination is specified in regulation 15(1) of those Regulations as a qualifying determination for the purposes of section 12(2) of the 2002 Act; and

(c) a determination made by a fostering service provider in accordance with the Fostering Services Regulations 2002 (S.I. 2002/57) that it proposes not to approve a person as suitable to act as a foster parent, or that it proposes to terminate, or to revise the terms of approval of, a person as suitable to act as a foster parent. Such determinations are specified in regulation 4 of these Regulations as qualifying determinations for the purposes of paragraph 12A(2) of Schedule 2 to the 1989 Act.

Part 2 makes provision for the constitution and membership of panels, their functions, the payment of fees to panel members, meetings, and record keeping of the panels.

Part 3 makes provision for the procedure to be followed when a review of a qualifying determination by a panel constituted under Part 2 is sought. Regulation 21 provides that the organisation must pay costs in connection with the review.

Part 4 revokes the Independent Review of Determinations (Adoption) Regulations 2005 (S.I. 2005/3332) and makes transitional provision.