The Adoptions with a Foreign Element (Scotland) Regulations 2009

Proposed placement: functions of adoption panel and adoption agency

46.—(1) The adoption panel must consider the proposed placement referred to it by an adoption agency under regulation 45(7) and make a recommendation to the agency as to whether–

(a) the Convention prospective adopter is suitable to be an adoptive parent for the child; and

(b) the proposed placement is in the best interests of the child.

(2) In considering what recommendation to make under paragraph (1), the adoption panel–

(a) must have regard to–

(i) the child’s upbringing and ethnic, religious and cultural background;

(ii) the duties imposed on the adoption agency by section 14 of the Act (considerations applying to the exercise of powers); and

(iii) the documents referred to it under regulation 45(7);

(b) may ask the adoption agency to obtain any other relevant information which the panel considers necessary; and

(c) may obtain legal advice in relation to the case.

(3) The adoption agency must–

(a) take into account the recommendation of the adoption panel in coming to a decision (“the decision”) about whether the proposed placement should proceed or not; and

(b) make the decision within 14 days of the date the recommendation was made.

(4) No member of the adoption panel which made the recommendation is to take part in the decision.

(5) Paragraphs (6) to (8) apply where the decision is that the proposed placement should proceed.

(6) The adoption agency must, if practicable, within 7 days of making the decision, notify in writing the parent or guardian of the child, and any individual who has any parental responsibilities or parental rights in relation to the child, that the child has been or, as the case may be, is to be placed for adoption in a Convention country outwith the British Islands.

(7) Where the adoption agency is a local authority it must–

(a) make an application to the appropriate court(1) for a permanence order; and

(b) in the application, request that the order include–

(i) ancillary provisions vesting in the local authority the parental responsibilities and parental rights referred to in paragraph (a) of subsection (1) of section 82 of the Act (permanence orders: ancillary provisions); and

(ii) provision granting authority for the child to be adopted.

(8) Where the adoption agency is not a local authority, the agency must notify the local authority for the area where the child has a home of its decision; and that local authority must make an application and request as mentioned in paragraph (7).

(9) An application under paragraph (7) must be made–

(a) where notification is given under paragraph (6), within 28 days of the adoption agency giving such notification;

(b) where notification is not given under that paragraph, within 28 days of the adoption agency making the decision.

(10) An application under paragraph (8) must be made within 28 days of the local authority being notified under that paragraph.

(1)

“appropriate court” is defined in section 118 of the 2007 Act.