Case No. UKUT-00197-(IAC)

28.— Stage 2 assessment (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. 29. Prospective adopter assessment plan 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. 30.— Prospective adopter's report (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. 30A.— Function of the adoption panel (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. 30B.— Adoption agency decision and notification (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. (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) 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).