Adoption Panel

The Agency Decision Maker considers recommendations from the Adoption Panel and, in those circumstances outlined in Section 1, Adoption Panel Purpose and Function, also makes decisions about whether a child is suitable to be placed for adoption without reference to the Adoption Panel. The following principles apply to all such decisions.

In reaching their decision, the Agency Decision Maker must consider:

• The welfare checklist in Section 1 of the Adoption and Children Act 2002*;
• All the information surrounding the case including the reports submitted to the Adoption Panel (where applicable), and that the authors of the reports are appropriately qualified to prepare them (see Section 7, Reports to Adoption Panel);
• The stability and permanence of the relationship of any couple under consideration;
• The recommendation and reasons of the Adoption Panel and any Independent Review Panel under the Independent Review Mechanism; and
• The final minutes of the Adoption Panel including any minutes from adjourned Panel meetings and the Independent Review Panel;
  1. *The child's ascertainable wishes and feelings regarding the decision (considered in the light of the child's age and understanding);
  2. The child's particular needs;
  3. The likely effect on the child (throughout their life) of having ceased to be a member of the original family and become an adopted person;
  4. The child's age, gender identity, background and any of the child's characteristics which the court or agency considers relevant;
  5. Any harm (within the meaning of the Children Act 1989 (c. 41)) which the child has suffered or is at risk of suffering;
  6. The relationship which the child has with relatives, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including:
     1. The likelihood of any such relationship continuing and the value to the child of it doing so;
     2. The ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child's needs;
     3. The wishes and feelings of any of the child's relatives, or of any such person, regarding the child.

It is good practice for the Agency Decision Maker:

• To list the material taken into account in reaching the decision;
• To identify key arguments;
• To state whether they agree with the process and approach of the relevant Panel(s) and are satisfied as to its fairness and that the Panel(s) has/have properly addressed the arguments;
• To consider whether any additional information now available to them that was not before the Panel has an impact on its reasons or recommendation;
• To identify the reasons given for the relevant recommendation that they do or do not wish to adopt; and
• To state (a) the adopted reasons by cross-reference or otherwise and (b) any further reasons for their decision.