Children And Young Persons, England Citation and commencement 1 These Regulations may be cited as the Adoption Agencies and Independent Review of Determinations (Amendment) Regulations 2011 and come into force on 1st April 2011. Amendment of the Adoption Agencies Regulations 2005 2 For regulations 3 to 10 (adoption agency – arrangements for adoption work) of the Adoption Agencies Regulations 2005 substitute— The central list 3 1 Subject to regulation 5, an adoption agency must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including— a one or more social workers who have at least three years’ relevant post-qualifying experience, and b the medical adviser to the adoption agency (or at least one if more than one medical adviser is appointed). 2 A person who is included in the central list may at any time ask to be removed from the central list by giving one month’s notice in writing. 3 Where the adoption agency is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person’s name from the list by giving them one month’s notice in writing with reasons. Constituting an adoption panel 4 1 The adoption agency must constitute one or more adoption panels, as necessary, to perform the functions of an adoption panel under these Regulations and must appoint the panel members from the persons in the central list including— a a person to chair the panel, being an independent person, who has the skills and experience necessary for chairing an adoption panel, and b one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”). 2 The adoption agency must ensure that an adoption panel has sufficient members, and that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel. 3 Any two or more local authorities may jointly constitute an adoption panel (“a joint adoption panel”) in which case the appointment of members must be by agreement between the authorities. 4 A local authority may pay to any member of an adoption panel constituted by it such fee as it may determine, being a fee of a reasonable amount. 5 Any adoption panel member may resign at any time by giving one month’s notice in writing to the adoption agency which appointed them. 6 Where an adoption agency is of the opinion that any member of the adoption panel appointed by it is unsuitable or unable to continue as a panel member, it may terminate that member’s appointment at any time by giving the member notice in writing with reasons. 7 A person (“P”) is not an independent person for the purposes of this regulation and regulation 6 if— a in the case of a registered adoption society, P is a trustee or employee of that society, or b in the case of a local authority, P— i is an elected member of that authority, or ii is employed by that authority for the purposes of the adoption service or for the purposes of any of that local authority’s functions relating to the protection or placement of children, or c P is the adoptive parent of a child who was— i placed for adoption with P by the adoption agency (“agency A”), or ii placed for adoption with P by another adoption agency where P had been approved as suitable to be an adoptive parent by agency A, unless at least 12 months has elapsed since the adoption order was made in respect of the child. Adoption agencies operating only for certain purposes 5 Where an adoption agency operates only for the purpose of putting persons into contact with other adoption agencies and for the purpose of putting such agencies into contact with each other or for either of such purposes, regulations 3, 4, 8 and, to the extent that it requires consultation with persons in the central list, regulation 7 shall not apply to such an agency. Meetings of adoption panel 6 1 No business may be conducted by an adoption panel unless at least the following meet as the panel— a either the person appointed to chair the panel or one of the vice chairs, b one person falling within regulation 3(1)(a), c three, or in the case of an adoption panel established under regulation 4(3) four, other members and where the chair is not present and the vice chair is not an independent person, at least one other panel member must be an independent person. 2 An adoption panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations. Adoption agency arrangements for adoption work 7 An adoption agency must, in consultation with such persons in the central list as the agency considers appropriate and, to the extent specified in regulation 8(4) with the agency’s medical adviser, prepare and implement written policy and procedural instructions governing the exercise of the functions of the agency and an adoption panel in relation to adoption and such instructions shall be kept under review and, where appropriate, revised by the agency. Requirement to appoint an agency adviser and a medical adviser 8 1 The adoption agency must appoint a senior member of staff, or where local authorities agree to constitute joint adoption panels as necessary appoint a senior member of staff of one of them, (referred to in this regulation as the “agency adviser”)— a to assist the agency with the maintenance of the central list and the constitution of adoption panels, b to be responsible for the induction and training of persons in the central list, c to be responsible for liaison between the agency and an adoption panel, monitoring the performance of persons in the central list and members of the adoption panel and the administration of adoption panels, and d to give such advice to an adoption panel as the panel may request in relation to any case or generally. 2 The agency adviser must be a social worker and have at least five years’ relevant post-qualification experience and, in the opinion of the adoption agency, relevant management experience. 3 The adoption agency must appoint at least one registered medical practitioner to be the agency’s medical adviser. 4 The medical adviser shall be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations. . Transitional provision 3 An adoption panel established under the Adoption Agencies Regulations 2005, and which is carrying out the functions of an adoption panel on 1st April 2011, may continue to carry out the functions of a panel under those Regulations in relation to any case referred to it before that date. Amendment of the Independent Review of Determinations (Adoption and Fostering) Regulations 2009 4 1 The Independent Review of Determinations (Adoption and Fostering) Regulations 2009 are amended as follows. 2 In regulation 2— a in paragraph (c) of the definition of “applicant” for “regulation 28(6)(a) or 29(7)(a) of the FSR” substitute “regulation 27(6)(a) or 28(7)(a) of the FSR”, b in the definition of “fostering panel” for “regulation 24” substitute “regulation 23”, and c in the definition of “the FSR” for “the Fostering Services Regulations 2002 ” substitute “the Fostering Services (England) Regulations 2011 ”. 3 In regulation 4— a in paragraph (a) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 28(6)” substitute “regulation 27(6)(a)”, and b in paragraph (b) for “regulation 27(6)” substitute “regulation 26(8)” and for “regulation 29(7)” substitute “regulation 28(7)(a)”. 4 Regulations 6, 7 and 8 are omitted. 5 In regulation 10 (disqualification of panel members)— a for paragraph (1)(b) substitute— b where the organisation which made the qualifying determination is a local authority, P is— i an elected member of that authority, or ii employed by that authority for the purposes of the adoption service or for the purposes of any of that authority’s functions relating to the protection or placement of children; , b in paragraph (1)(c) omit “, or has been within the period of one year prior to the date on which the qualifying determination was made,”, c omit paragraph (1)(d), d for paragraph (1)(e) substitute— e the organisation which made the qualifying determination— i has placed a child with P as a local authority foster parent, or ii has placed a child for adoption with P, unless at least 12 months has elapsed since the adoption order was made in respect of the child; , and e omit paragraph (2)(b). 6 In regulation 13(3)(a) for “regulation 29A” substitute “regulation 29”. 7 In regulation 15(1) for “unless all three members are present” substitute “unless three members of the panel are present including at least two persons falling within regulation 5(3)(a)”. Tim Loughton Parliamentary Under Secretary of State Department for Education 3rd March 2011