[F1PART 4E+WDuties of Adoption Agency in Respect of a Prospective Adopter

Stage 2 – the assessment decisionE+W

Stage 2 assessmentE+W

28.—(1) Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process within six months from the date on which the agency notified the prospective adopter that they may be suitable to adopt under regulation 27(4).

(2) Where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process more than six months from the date on which the agency notified the prospective adopter that they may be suitable to adopt under regulation 27(4), the agency must notify the prospective adopter in writing that the prospective adopter cannot proceed with the assessment process.

Prospective adopter assessment planE+W

29.  The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter assessment plan”) which includes the following matters—

(a)the procedure for assessing the prospective adopter’s suitability to adopt a child;

(b)any applicable timescales;

(c)the arrangements for the prospective adopter to receive any additional counselling or preparation for adoption;

(d)details of any training that the prospective adopter has agreed to undertake;

(e)information about the role of the prospective adopter in the assessment process;

(f)information about the process for submitting representations or applying to the Secretary of State for a review under regulation 30B(5)(c); and

(g)any other matters which the agency considers relevant.

Prospective adopter’s reportE+W

30.—(1) The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4.

(2) The adoption agency must prepare a written report (“the prospective adopter’s report”) which includes—

(a)the information about the prospective adopter and the prospective adopter’s family which is specified in Parts 1 and 3 of Schedule 4;

(b)a summary, written by the agency’s medical adviser, of the state of health of the prospective adopter;

(c)any relevant information obtained by the agency under regulation 26(e);

(d)any observations of the agency on the matters referred to in regulations 24 and 25;

(e)the agency’s assessment of the prospective adopter’s suitability to adopt; and

(f)any other information which the agency considers relevant.

(3) In a section 83 case, the prospective adopter’s report must also include—

(a)the name of the country from which the prospective adopter wishes to adopt a child (“country of origin”);

(b)confirmation that the prospective adopter meets the eligibility requirements to adopt from the country of origin;

(c)any additional information obtained as a consequence of the requirements of the country of origin; and

(d)the agency’s assessment of the prospective adopter’s suitability to adopt a child who is habitually resident outside the British Islands.

(4) Where the adoption agency receives information under paragraph (1) or other information in relation to the assessment of the prospective adopter and is of the opinion that the prospective adopter is unlikely to be considered suitable to adopt a child, it may prepare the prospective adopter’s report under paragraph (2) notwithstanding that the agency may not have received all the information about the prospective adopter which may be required by this regulation.

(5) The adoption agency must—

(a)notify the prospective adopter that the prospective adopter’s application is to be referred to the adoption panel;

(b)give the prospective adopter a copy of the prospective adopter’s report;

(c)invite the prospective adopter to send any observations in writing to the agency within 5 working days, beginning with the date on which the notification is sent; and

(d)explain to the prospective adopter that the adoption agency may, in exceptional circumstances, extend the timescale referred to in paragraph (c) above.

(6) At the end of the 5 working days referred to in paragraph (5)(c) (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received) the adoption agency must send—

(a)the prospective adopter’s report and the prospective adopter’s observations;

(b)the written reports and references referred to in regulation 26(b) to (e) but in the case of reports obtained in accordance with regulation 26(b), only if the agency’s medical adviser advises it to do so; and

(c)any other relevant information obtained by the agency,

to the adoption panel.

(7) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

Function of the adoption panelE+W

30A.—(1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

(2) In considering what recommendation to make the adoption panel—

(a)must consider and take into account all the information and reports passed to it in accordance with regulation 30;

(b)may request the adoption agency to obtain any other relevant information which the panel considers necessary; and

(c)may obtain legal advice as it considers necessary in relation to the case.

(3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either—

(a)request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2); or

(b)recommend that the prospective adopter is not suitable to adopt a child.

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

(5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption agency decision and notificationE+W

30B.—(1) Subject to paragraph (2), the adoption agency must decide whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the assessment process.

[F2(1A) The adoption agency must not make a decision under paragraph (1) until it has obtained the information required under regulation 26(b).]

(2) The adoption agency may delay making the decision under paragraph (1)—

(a)in a case where the adoption agency considers there are exceptional circumstances which mean it cannot make the decision within that time, or

(b)upon the request of the prospective adopter.

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

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

(5) 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 the prospective adopter 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; and

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

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

(ii)[F3subject to paragraph (5A),] apply to the Secretary of State for a review by an independent review panel of the qualifying determination.

[F4(5A) Where the adoption agency consider that the prospective adopter is not suitable to adopt because of information obtained under regulation 26(b) the prospective adopter may not apply to the Secretary of State for a review by an independent review panel of the qualifying determination.]

(6) If, within the period of 40 working days referred to in paragraph (5)(c), 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 must proceed to make its decision and notify the prospective adopter in writing of its decision together with reasons for that decision.

(7) If, within the period of 40 working days referred to in paragraph (5)(c), the adoption agency receives further representations from the prospective adopter, it may refer the case together with all relevant information to the adoption panel for further consideration.

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

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

(a)if the case has been referred to the adoption panel under paragraph (7), the agency must make the decision only after taking into account the recommendations of the adoption panel made under both paragraph (8) and regulation 30A; 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 30A.

(10) As soon as possible after making its decision under paragraph (9), 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 (8), if this is different from the agency’s decision.

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

Information to be sent to the independent review panelE+W

30C.—(1) If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State the information specified in paragraph (2).

(2) The following information is specified for the purposes of paragraph (1)—

(a)all of the documents and information which were passed to the adoption panel in accordance with regulation 30;

(b)any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and

(c)the documents referred to in regulation 30B(5)(a) and (b).

Review and termination of approvalE+W

30D.—(1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

(a)in a section 83 case, the prospective adopter has visited the child in the country in which the child is habitually resident and has confirmed in writing that they wish to proceed with the adoption; and

(b)in any other case, a child is placed for adoption with the prospective adopter or the agency is considering placing a child with the prospective adopter in accordance with regulations 31 to 33.

(2) A review must take place whenever the adoption agency considers it necessary but otherwise not more than one year after approval and thereafter at intervals of not more than one year.

(3) When undertaking such a review the adoption agency must—

(a)make such enquiries and obtain such information as it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt a child; and

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

(4) If, at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must—

(a)prepare a written report (“the prospective adopter’s review report”) which includes the agency’s reasons;

(b)[F5decide whether or not to refer the case to the adoption panel and, where applicable,] notify the prospective adopter that the case is to be referred to the adoption panel; and

(c)give the prospective adopter a copy of the report inviting the prospective adopter to send any observations to the agency within 10 working days beginning with the date on which that report is given to the prospective adopter.

(5) At the end of the period of 10 working days referred to in paragraph (4)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must [F6, where applicable,] send the prospective adopter’s review report together with the prospective adopter’s observations to the adoption panel.

(6) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

(7) The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

(8) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 30B(2) to (11) apply in relation to that decision by the agency.

Duties of the adoption agency in a section 83 caseE+W

30E.  Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Secretary of State—

(a)written confirmation of the decision and any recommendation the agency may make in relation to the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs;

(b)all the documents and information which were passed to the adoption panel in accordance with regulation 30;

(c)the record of the proceedings of the adoption panel, its recommendation and the reasons for its recommendation;

(d)if the prospective adopter applied to the Secretary of State for a review by an independent review panel of a qualifying determination, the record of the proceedings of that panel, its recommendation and the reasons for its recommendation; and

(e)any other information relating to the case which the Secretary of State or the relevant foreign authority may require.

Application of Part 4 with modifications to specified personsE+W

30F.—(1) This paragraph applies where the adoption agency is satisfied that the prospective adopter—

(a)is an approved foster parent; or

(b)has, at any time, adopted a child—

(i)in England and Wales, after having been assessed as suitable to adopt in accordance with these Regulations or corresponding Welsh provision; or

(ii)after having been assessed as suitable to adopt in accordance with the Adoptions with a Foreign Element Regulations 2005 (“the 2005 Regulations”).

(2) “Corresponding Welsh provision” for the purposes of this regulation means in relation to a Part or a regulation of these Regulations the provision of regulations made by the Assembly under section 9 of the Act which corresponds to that Part or regulation.

(3) Where paragraph (1) applies Part 4 has effect subject to the modifications set out in Schedule 4A.

(4) Where the prospective adopter is an approved foster parent and consents, the adoption agency may request access to any relevant records compiled in relation to that approval by the fostering service provider.

(5) In this regulation “approved foster parent” means a person who is approved as a foster parent in accordance with the Fostering Services (England) Regulations 2011 but does not include a person with whom a child is placed under regulation 24 or 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

Information to be provided for entry in Part 3 of the registerE+W

F730G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective adopter matching planE+W

30H.  Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes—

(a)information about the duties of the adoption agency under Parts 5 and 6 of these Regulations;

(b)information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter;

(c)information about the process for making a representation (including a complaint) under the 1989 Regulations; and

(d)any other matters that the agency consider relevant.]