# The Independent Review of Determinations (Adoption) Regulations 2005, Regulation 5: Functions of panel constituted to review a suitability determination


(1) This regulation applies where the qualifying determination being reviewed is a suitability determination.
(2) A panel constituted under regulation 4(4) shall review the suitability determination and—
(a) where paragraph (3) applies, make to the adoption agency that made the suitability determination a recommendation as to whether or not the prospective adopter is suitable to adopt a child; or
(b) where paragraph (4) applies, make to the adoption agency that made the suitability determination a recommendation that—
(i) it should prepare a prospective adopter’s report in accordance with paragraph (5) of regulation 25 of the Agencies Regulations to include all of the information required by that regulation; or
(ii) the prospective adopter is not suitable to adopt a child.
(3) This paragraph applies where the prospective adopter’s report included all of the information required by regulation 25 of the Agencies Regulations.
(4) This paragraph applies where the prospective adopter’s report, in accordance with regulation 25(7) of the Agencies Regulations, did not include all of the information required by regulation 25 of the Agencies Regulations.
(5) In considering what recommendation to make, the panel—
(a) must consider and take into account all of the information passed to it in accordance with regulation 28 of the Agencies Regulations;
(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and
(c) may obtain such legal advice as it considers necessary in relation to the case.

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Source: https://www.legislation.gov.uk/uksi/2005/3332/regulation/5 (the official version)
Page: https://openlegislation.uk/independent-review-of-determinations-adoption-regulations-2005/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

