Regulation 10 Adoption panel functions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 10 appl (W) by Adoption of Children from Overseas 2001 reg 3(3)
reg.10(1)(a) amended by Adoption Agencies and Children (Arrangements for Placement and Reviews) 1997 reg.2(8)(a)
reg.10(3) amended by Adoption Agencies and Children (Arrangements for Placement and Reviews) 1997 reg.2(8)(b)
regs 8, 8A, 10, 11 appl (E) by Adoption of Children from Overseas 2001 reg 4

(1)

Subject to paragraphs (2) and (3), an adoption panel shall consider the case of every child, prospective adopter and proposed placement referred to it by the adoption agency and shall make one or more of the recommendations to the agency, as the case may be, as to—

(a)

whether adoption is in the best interests of a child and, if the panel recommends that it is, whether an application under section 14 of the 1975 Act (freeing child for adoption) should be made to free the child for adoption,

(b)

whether a prospective adopter is suitable to be an adoptive parent, and

(c)

whether a prospective adopter would be a suitable adoptive parent for a particular child.

(2)

An adoption panel may make the recommendations specified in paragraph (1) at the same time or at different times, so however that it shall make the recommendation specified in paragraph (1)(c) in respect of a particular child and prospective adopter only if—

(a)

that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that adoption is in the best interests of the child, or

(b)

an adoption agency decision has been made in accordance with regulation 11(1) that adoption is in the best interests of the child, and

(c)

in either case—

(i)

the recommendation specified in paragraph (1)(c) is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to be an adoptive parent, or

(ii)

an adoption agency decision has been made in accordance with regulation 11(1) that the prospective adopter is suitable to be an adoptive parent.

(3)

In considering what recommendations to make the panel shall have regard to the duties imposed upon the adoption agency by sections 3 and 13 of the 1975 Act (duty to promote welfare of child and religious upbringing of adopted child) and shall, as the case may be—

(a)

consider and take into account all the information and reports passed to it by virtue of regulations 7(2)(e), 8(2)(g) and 9(1),

(b)

request the adoption agency to obtain any other relevant information which the panel considers necessary,

(c)

obtain legal advice in relation to each case together with advice on an application for an adoption order or, as the case may be, an application to free a child for adoption.