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3.11.20 Review of Prospective Adopters Procedure

Contents

  1. Who must be Reviewed? (Adoption Agencies Regulation 29) 
  2. When should Reviews take Place? 
  3. Form the Review will take 
  4. Where Prospective Adopter Remains Suitable to Adopt 
  5. Where the Review Meeting Raises Questions about the Prospective Adopters’ Continuing Suitability to Adopt
  6. Role of the Adoption and Permanence Panel in Prospective Adopter Reviews
  7. Making the Decision about Continuing Suitability to Adopt
  8. Representations Procedure - Appealing Against an Unfavourable Review Decision 


1. Who must be Reviewed? (Adoption Agencies Regulation 29)

  • All prospective adopters whose approval is more than one year old and who do not have a child in placement must have a review after a year.
  • All prospective inter country adopters adopting from non convention countries who have not identified and visited a child in the sending state and confirmed with the agency (RBKC) that they wish to proceed must have their approval reviewed after a year.
  • All prospective adopters wishing to adopt from a convention country but RBKC has not yet received written notification from the relevant Central Authority that agreement under Article 179c) has been made.


2. When should Reviews take Place?

Whenever the adoption agency considers it necessary but in any event not more than one year after the prospective adopters have been approved and at intervals of not more than one year thereafter until they have been matched with a child.

Before the review the allocated social worker to the Adoption Team will send the prospective adopters a copy of the RBKC information leaflet on reviews of prospective adopters.


3. Form the Review will take

The Adoption and Permanence Team Manager will visit the prospective adopters with the assessing social worker.  If the Adoption and Permanence Team Manager is unable to do the review it may be done by a suitably qualified adoption social worker who did not carry out the assessment.  The adoption agency may also make any additional enquiries it considers necessary. The prospective adopters; views will also be an important part of the review.

The review will cover the following areas:

3.1 What has changed regarding the following since approval?

  1. Finances
  2. Family or household composition 
  3. Work commitments
  4. Health

3.2 Police and medical checks

  1. Police checks that are more than two years old will have to be repeated. (AAR 29.3 a)
  2. Health – does there need to be a new medical check?

3.3 Were there any “in principle” decisions for approvals made before 30 December 2005

e.g. suitable accommodation?

3.4 Matches and family finding: What children have the prospective adopters been considered for?

  1. Why did the placement not go ahead?
  2. Should the range of child change?
  3. Agency’s actions in family finding.
  4. Anything else that will need to happen before a child can be placed?
  5. Plan to progress family finding in the next twelve months.

3.5 Motivation.

  1. What have the prospective adopters learnt from the adoption approval process and the past year?
  2. Is there anything new that has emerged for the adoption agency since the assessment?
  3. Has motivation changed?

3.6 Continuing suitability to adopt - recommendation.

The Adoption and Permanence Team social worker will record the main points of the meeting including the prospective adopters’ views and send a copy to the prospective adopters within two working weeks.


4. Where Prospective Adopters Remain Suitable to Adopt

4.1 The Adoption and Permanence Team Manager will write to them within seven calendar days confirming their approval and continuation of family finding.
4.2 The Adoption and Permanency Panel will be informed at the next Panel meeting.


5. Where the Review Meeting Raises Questions About the Prospective Adopters’ Continuing Suitability to Adopt

5.1 The assessing social worker will prepare a report  - The Prospective Adopters’  Review Report on BAAF form R1 - within ten working days including the agency’s reasons
5.2 The Adoption and Permanence Team Manager will counter-sign the report and send a copy to the prospective adopters inviting them to make any comments within ten working days and notifying them that their case will be referred to the Adoption and Permanency Panel.
5.3 The prospective adopters will be offered further opportunities to meet with their adoption social worker or an independent counselling agency such as After Adoption to discuss the review.
5.4 The report and the prospective adopters’ views will be presented to the next available Adoption and Permanency Panel.


6. Role of the Adoption and Permanence Panel in Prospective Adopter Reviews

6.1 The prospective adopter may attend the Panel
6.2 The Panel will consider the report and make a recommendation to the Agency Decision Maker about the prospective adopters’ continuing suitability to adopt.
6.3 The prospective adopters may at any time decide they no longer wish to adopt, in which case the agency will inform the Panel.


7. Making the Decision about Continuing Suitability to Adopt

7.1 The Panel will make a recommendation to the Agency Decision Maker
7.2 The Agency Decision Maker  will make a decision within seven calendar days of the Adoption and Permanence Panel recommendation whether or not the prospective adopters continue to be suitable to adopt a child.
7.3 The agency will notify the prospective adopters of its decision orally within two working days and in writing within five working days of the agency decision.


8. Representations Procedure - Appealing Against an Unfavourable Review Decision

8.1 Where the agency makes a qualifying determination that the prospective adopter is no longer suitable to adopt, the Agency Decision Maker will write to them within seven working days. 
8.2 The prospective adopters have 40 working days from their receipt of the notification of the agency decision to make any representation or apply for a review by an Independent Review Panel.
8.3 NB.  The applicants should decide which representation procedure to choose.  They cannot choose both.
8.4

If the prospective adopter does not make any representation the agency will proceed with its decision.  The Agency Decision Maker will write to the prospective adopters at the end of 40 days.  The prospective adopters’ name will be removed from the agency’s list of approved adopters.

If the prospective adopter asks their case to be heard again by the Adoption and Permanence Panel, the agency must consider the recommendations before making its final decision.

  1. The agency is not obliged to refer the case to the Adoption and Permanence Panel but would normally do so.  The Panel administrator will write to the applicants giving them at least seven days’ notice of the Panel that will consider their representations and invite them to attend.
  2. The applicants may be accompanied by a friend or supporter but may not be legally represented.
  3. Where the applicant decides to represent their case in person the Panel Chair will consider whether a smaller quorate sub group should consider the matter.
  4. The Panel will consider the representations and make further recommendations to the Agency Decision Maker.
  5. The Agency Decision Maker should make the final decision within seven days of receiving the Panel recommendations.
  6. Prospective adopters should receive the decision in writing within five working days of the final decision being made.
  7. A copy of the decision with the reasons and minutes of the Panel meeting will be placed on the prospective adopters’ case record.

If the applicant wishes their case to be referred to the Independent Review Panel

  1. If the applicant decides to refer the matter to an Independent Review, the Panel administrator will send the following documents to the Independent Review Panel within 10 working days.
    1. the relevant Panel reports,
    2. the prospective adopter’s views on the reports,
    3. the  Panel minutes including the record of the decision made with reasons
    4. notification to the prospective adopter
    5. any other information requested. 
  2. Any relevant information about the prospective adopters that the agency obtained after the above information and reports were passed to the Adoption and Permanency Panel will also be sent.
  3. The procedure for the Independent Review is carried out by BAAF (British Agencies for Adoption and Fostering)
  4. The applicant will be invited to attend the Independent Review.
  5. After considering the representations, the Independent Review may make a recommendation, which the Agency Decision Maker will consider before a final decision is made.
  6. The Independent Review Panel cannot overturn the agency decision, as it does not have the power to do so.
  7. The Agency Decision Maker will make the final decision and record the decision, together with reasons, within 7 working days of the receipt of the Independent Review recommendation.  Written notice of the decision, together with reasons, will be sent to the prospective adopters orally within 2 working days and in writing within 7 working days.
  8. Where the agency decision is different from the recommendation of the Independent Review Panel, the agency must also provide the prospective adopters with information about the Independent Panel’s recommendation.
  9. Where an Independent Review Panel has made a recommendation, the agency must send to the Independent Review Panel Administrator a copy of its decision on the prospective adopter’s suitability to adopt.
  10. A copy of the report to the Adoption and Permanency Panel, the Adoption Panel’s recommendation, the Independent Review Panel’s recommendations and the decision to refuse an application must be retained on the applicant’s Adoption Case Record.

End