The Adoption Agencies Regulations 2005

Function of the adoption panel in relation to proposed placement E+W

32.—(1) The adoption panel must consider the proposed placement referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.

(2) In considering what recommendation to make the adoption panel shall have regard to the duties imposed on the adoption agency under [F1 section 1(2) and (4)] of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and—

(a) must consider and take into account all information and the reports passed to it in accordance with regulation 31;

(b) may request the 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) The adoption panel must consider—

(a) in a case where the adoption agency is a local authority, the authority's proposals for the provision of adoption support services for the adoptive family;

(b) the arrangements the adoption agency proposes to make for allowing any person contact with the child; and

(c) whether the parental responsibility of any parent or guardian or the prospective adopter should be restricted and if so the extent of any such restriction.

(4) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption with the particular prospective adopter, the panel may at the same time give advice to the agency about any of the matters set out in paragraph (3).

(5) An adoption panel may only make the recommendation referred to in paragraph (1) if—

(a) that recommendation is to be made at the same meeting of the adoption panel at which a recommendation has been made that the child should be placed for adoption; or

(b) the adoption agency, or another adoption agency, has already made a decision in accordance with regulation 19 that the child should be placed for adoption,

and in either case that recommendation 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 adopt a child or the adoption agency, or another adoption agency, has made a decision in accordance with [F2 regulation 30B] that the prospective adopter is suitable to adopt a child.

Textual Amendments

F1 Words in reg. 32(2) substituted (25.7.2014) by The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1556), regs. 1, 8

F2 Words in reg. 32(5) substituted (1.7.2013) by The Adoption Agencies (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/985), regs. 1, 6