{
  "url": "https://openlegislation.uk/adoption-agencies-and-independent-review-of-determinations-amendment-regulations-2011/note",
  "json_url": "https://openlegislation.uk/adoption-agencies-and-independent-review-of-determinations-amendment-regulations-2011/note.json",
  "legislation": "uksi/2011/589",
  "legislation_title": "The Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/adoption-agencies-and-independent-review-of-determinations-amendment-regulations-2011",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make changes to the provisions in the Adoption Agencies Regulations 2005 (“the 2005 Regulations”) relating to the setting up and operation of adoption panels. The Regulations also make minor changes to provisions for the constitution of independent review panels for adoption and fostering in the Independent Review of Determinations (Adoption and Fostering) Regulations 2009 (“the IRD Regulations”).\nRegulation 2 substitutes new regulations 3 to 10 in Part 2 of the 2005 Regulations which makes provision in relation to the arrangements for adoption work. The new regulation 3 places a duty on adoption agencies to maintain a list of persons who are suitable to be members of an adoption panel (“the central list”) and specifies that this must include at least one social worker with at least 3 years’ relevant post-qualification experience and the medical adviser to the adoption agency.\nThe new regulation 4 requires the adoption agency to constitute an adoption panel by appointing its members from the central list, as and when it is necessary for a panel to perform functions under the 2005 Regulations, such as considering cases relating to whether a child should be placed for adoption, the suitability of prospective adopters and whether a child should be placed for adoption with particular prospective adopters. There is no limit as to the number of members who may be appointed to a panel but the agency must ensure that there are sufficient members, and with the appropriate level of experience and expertise, to effectively discharge the panel’s functions (regulation 4(2)). In addition, the new regulation 6 provides that an adoption panel will only be quorate where either the chair or one of the vice chairs, a social worker with at least three years’ post-qualifying experience and three other members (or four, in the case of a panel established jointly by one or more local authorities) are present.\nThe new regulations 7 and 8 maintain the requirements in the 2005 Regulations for the adoption agency to prepare and implement written instructions governing the exercise of functions of the agency and an adoption panel and for the agency to appoint an agency adviser and medical adviser.\nRegulation 3 makes a transitional provision so that an adoption panel established prior to 1st April 2011 may continue to consider those cases that remain ongoing as at that date.\nRegulation 4 of these Regulations makes amendments to the IRD Regulations. Regulations 6, 7 and 8 which relate to the membership of review panels and, in particular, provide for a maximum number of panel members are omitted. Instead, regulation 15 (paragraph (1) of which is amended) now sets out the requirements as to the members that must be present for the panel to conduct its proceedings in relation to disclosure determinations and adoption suitability or fostering determinations. Regulation 10 is amended to bring the provisions relating to disqualification of panel members in line with those relating to independent members in the 2005 Regulations. Amendments are also made to replace references to the Fostering Services Regulations 2002 with references to the Fostering Services (England) Regulations 2011 which come into force on 1st April 2011.\nAn impact assessment has not been prepared for these Regulations because no impact on the private, voluntary or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/589/note",
    "retrieved_at": "2026-10-29T02:14:37.442729+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}