The Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Adoption and Children Act 2002 (“the 2002 Act”) and the Children Act 1989 (“the 1989 Act”). They make provision for the review by an independent panel in three types of case. First, a determination made by an adoption agency under the Adoption Agencies (Wales) Regulations 2005 that it proposes not to approve a prospective adopter as suitable to adopt a child or determines on review that a prospective adopter is no longer suitable to adopt a child. Secondly, determinations made by an adoption agency under the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005. Such determinations are specified in regulation 3 of these Regulations as qualifying determinations for the purposes of section 12(2) of the 2002 Act. Thirdly, a determination made by a fostering service provider under the Fostering Services (Wales) Regulations 2003 that it does not propose to approve a prospective foster parent as suitable to foster a child or decides to terminate or to revise the terms of the approval of a person as suitable to act as a foster parent. Such a determination is specified in regulation 4 of these Regulations as qualifying determinations for the purposes of paragraph 12A(2)(b) of Schedule 2 to the 1989 Act.

Part 2 makes provision for the constitution and membership of panels, their functions and the payment of fees, meetings and record keeping of the panels which are appointed by the Welsh Ministers to review qualifying determinations.

Part 3 makes provision for the procedure to be followed when a review of a qualifying determination by a panel constituted under Part 2 is sought and for the organisation that made the qualifying determination to pay such costs to the Welsh Ministers as the Welsh Minsters consider reasonable.

Part 4 makes amendments to the Fostering Services (Wales) Regulations 2003. Regulation 24 of those Regulations is amended in relation to the terms of office of panel members. Regulation 25 is amended in relation to the functions of the fostering panel. New regulations 28 and 29 are substituted in these Regulations providing for a right of independent review of certain fostering service decisions. A new regulation 29A is inserted which refers to the information that must be sent to the independent review panel.