The Adoption Agencies Regulations 2005

Adoption agency decision in relation to proposed placementE+W

This section has no associated Explanatory Memorandum

33.—(1) The adoption agency must take into [F1account the] [F1account any] recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter.

(2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

(3) As soon as possible after making its decision the adoption agency must notify in writing—

(a)the prospective adopter of its decision; and

(b)if their whereabouts are known to the agency, the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child, of the fact that the child is to be placed for adoption.

(4) If the adoption agency decides that the proposed placement should proceed, the agency must, in an appropriate manner and having regard to the child's age and understanding, explain its decision to the child.

(5) The adoption agency must place on the child's case record—

(a)the prospective adopter's report;

(b)the adoption placement report and the prospective adopter's observations on that report;

(c)the written record of the proceedings of the adoption panel under regulation 32, its recommendation, the reasons for its recommendation and any advice given by the panel to the agency; and

(d)the record and notification of the agency's decision under this regulation.

Textual Amendments

F1Words in reg. 33(1) substituted (temp.) (24.4.2020) by virtue of The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/445), regs. 1(2), 4(15) (with Pts. 12, 13)

Modifications etc. (not altering text)

C1Reg. 33 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 45(1)