Regulation 30D Review and termination of approvalF1

(1)

The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless—

(a)

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 32 to 34, or

(b)

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.

(2)

A review must take place not more than one year after approval and thereafter whenever the adoption agency considers it necessary, but 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)

As part of each review, the adoption agency must consider—

(a)

why no child has yet been placed with the prospective adopter,

(b)

any arrangements for the provision of adoption support services and whether they should continue or be modified,

(c)

where a child placed for adoption with the prospective adopter is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the reasons for the child’s return, and

(d)

whether the prospective adopter is still suitable to adopt a child.

(5)

The adoption agency must—

(a)

set out in writing the arrangements governing the manner in which the review of a prospective adopter is to be carried out and must draw the written arrangements to the attention of—

(i)

the prospective adopter, and

(ii)

any other person the agency considers relevant;

(b)

ensure that—

(i)

the information obtained in respect of the prospective adopter,

(ii)

details of the proceedings at any meeting arranged by the agency to consider any aspect of the review, and

(iii)

details of any decision made in the course of or as a result of the review,

are recorded in writing and placed on the prospective adopter’s case record.

(6)

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—

(i)

the information obtained on the matters referred to in paragraphs (3) and (4),

(ii)

the agency’s reasons, and

(iii)

any other information which the agency considers relevant,

(b)

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 and invite 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.

(7)

At the end of the period of 10 working days referred to in paragraph (6)(c) (or earlier if the prospective adopter’s comments are received before that period has expired), the adoption agency must send the prospective adopter’s review report together with the prospective adopter’s observations, if any, to the adoption panel.

(8)

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.

(9)

The adoption panel must consider the prospective adopter’s review report, the prospective adopter’s observations, if any, 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.

(10)

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.

Annotations

Textual amendments

F1: Pt. 4 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 10 (with reg. 18)