http://www.legislation.gov.uk/id/uksi/2009/395

http://www.legislation.gov.uk/uksi/2009/395/regulation/8/made

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

Fostering

Care

Child care

Children

Children in care

King's Printer of Acts of Parliament

2015-06-23

CHILDREN AND YOUNG PERSONS, ENGLAND

SOCIAL CARE, ENGLAND

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 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;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; anda 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.

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

reg. 10(2)(za)

The Adoption Agencies (Miscellaneous Amendments) Regulations 2013

Sch.

para. 7(5)(a)

reg. 1

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

reg. 6-8

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

reg. 4(4)

reg. 1

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

reg. 13(2)

(2A)

(2B)

The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015

reg. 11

reg. 1

PART 2PANELS

Membership of a panel to review a fostering determination8

Where the qualifying determination being reviewed is a fostering determination, the maximum number of people who may be appointed to a panel is ten and the panel shall include at least—

a

two persons falling within regulation 5(3)(b); and

b

four other persons falling within regulation 5(3)(d) including where reasonably practicable at least two persons who are, or within the previous two years have been, a local authority foster parent.