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

Functions of a panel constituted to review an adoption suitability determination

11.—(1) This regulation applies where the qualifying determination being reviewed is an adoption suitability determination.

(2) A panel constituted in accordance with regulation 6 shall review the adoption suitability determination and—

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

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

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

(ii) the applicant 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 AAR.

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

(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 AAR;

(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.

(6) Where the panel makes a recommendation that the applicant is suitable to adopt a child, the panel may consider and give advice to the adoption agency about the number of children the applicant may be suitable to adopt, their age range, sex, likely needs and background.