The Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2026

• Citation: S.I. 2026/31 (W.)
• Sections: 23

Section 1 Title and commencement

The title of these Regulations is the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2026 and they come into force on 1 April 2026.

Section 2 Interpretation

In these Regulations—

“ the 2002 Act ” (“ Deddf 2002 ”) means the Adoption and Children Act 2002;

“ the 2014 Act ” (“ Deddf 2014 ”) means the Social Services and Well-being (Wales) Act 2014;

“ the 2016 Act ” (“ Deddf 2016 ”) means the Regulation and Inspection of Social Care (Wales) Act 2016 ;

“ adoption agency ” (“ asiantaeth fabwysiadu ”) has the meaning given in section 2(1) of the 2002 Act;

“ adoption panel ” (“ panel mabwysiadu ”) means a panel that an adoption agency is required to constitute in accordance with regulation 4 of the Agencies Regulations;

“ adoption suitability determination ” (“ dyfarniad ar addasrwydd i fabwysiadu ”) means a qualifying determination described in regulation 3(a);

“ the Agencies Regulations ” (“ y Rheoliadau Asiantaethau ”) means the Adoption Agencies (Wales) Regulations 2005 ;

“ applicant ” (“ ceisydd ”) means—

in the case of an adoption suitability determination, a prospective adopter;

in the case of a disclosure determination, a relevant person within the meaning of regulation 13A(7) of the Disclosure Regulations ;

in the case of a fostering determination, a person to whom notice has been given for the purposes of regulation 8(6)(a) of the Fostering Regulations;

“ the central list ” (“ y rhestr ganolog ”) is to be interpreted in accordance with regulation 5;

“ disclosure determination ” (“ dyfarniad ar ddatgelu ”) means a qualifying determination of a description prescribed in regulation 13A of the Disclosure Regulations;

“ the Disclosure Regulations ” (“ y Rheoliadau Datgelu ”) means the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005 ;

“ foster parent ” (“ rhiant maeth ”) has the meaning given in regulation 2 of the Fostering Regulations;

“ fostering determination ” (“ dyfarniad ar faethu ”) means a qualifying determination of a description prescribed in regulation 4;

“ fostering service provider ” (“ darparwr gwasanaeth maethu ”) means—

a local authority fostering service provider;

a regulated fostering service provider;

“ the Fostering Regulations ” (“ y Rheoliadau Maethu ”) means the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 ;

“ local authority fostering service ” (“ gwasanaeth maethu awdurdod lleol ”) means any service provided in Wales by a local authority which consists of or includes the placement of children with foster parents or exercising functions in connection with such a placement;

“ local authority fostering service provider ” (“ darparwr gwasanaeth maethu awdurdod lleol ”) means the local authority providing the local authority fostering service;

“ organisation ” (“ sefydliad ”) means an adoption agency or a fostering service provider as the case may be;

“ panel ” (“ panel ”) means a panel that the Welsh Ministers are required by regulation 5 to constitute in accordance with regulation 6, 7 or 8 as the case may be;

“ prospective adopter’s report ” (“ adroddiad darpar fabwysiadydd ”) means a report prepared in accordance with regulation 30 of the Agencies Regulations;

“ qualifying determination ” (“ dyfarniad cymhwysol ”) means a determination described in regulations 3 and 4;

“ regulated fostering service ” (“ gwasanaeth maethu rheoleiddiedig ”) means any service provided in Wales by a person registered under section 7 of the 2016 Act to provide a fostering service;

“ regulated fostering service provider ” (“ darparwr gwasanaeth maethu rheoleiddiedig ”) means a person registered under section 7 of the 2016 Act to provide a fostering service;

“ social worker ” (“ gweithiwr cymdeithasol ”) means a person who is registered in—

the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017 ,

the social worker part of the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 ,

the social worker part of the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 , or

in the social worker part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 .

Section 3 Qualifying determination — prescribed description for the purposes of section 12(2) of the 2002 Act

For the purposes of section 12(2) of the 2002 Act, a qualifying determination is—

(a) a determination made by an adoption agency—

(i) under regulation 30B(5) of the Agencies Regulations that the agency does not propose to approve a prospective adopter as suitable to adopt a child,

(ii) under regulation 30D(6) of the Agencies Regulations that a prospective adopter is no longer suitable to adopt a child following a review, or

(b) a determination described in regulation 13A(1) of the Disclosure Regulations.

Section 4 Qualifying determination — prescribed descriptions for the purposes of section 93(2)(b) of the 2014 Act

For the purposes of section 93(2)(b) of the 2014 Act the following descriptions of determinations are prescribed—

(a) a determination (other than a decision made pursuant to regulation 7(11) of the Fostering Regulations) that the fostering service provider proposes not to approve a person as suitable to act as a foster parent in accordance with regulation 8(6) of the Fostering Regulations, and

(b) a determination (other than a decision made pursuant to regulation 7(11) of the Fostering Regulations) that the fostering service provider proposes to terminate, or to revise the terms of, the approval of a person as suitable to act as a foster parent in accordance with regulation 9(7) of the Fostering Regulations, where notice of the determination is given after 31 March 2026.

Section 5 Constitution of panels

(1) The Welsh Ministers must, on receipt of an application made by an applicant in accordance with regulation 18, constitute a panel in accordance with regulation 6, 7 or 8, as the case may be, for the purpose of reviewing the qualifying determination.

(2) The members of the panel must be drawn from a list of persons (in these Regulations referred to as “ the central list ”) kept by the Welsh Ministers, who are considered by the Welsh Ministers to be suitable, by virtue of their skills, qualifications or experience, to be members of a panel.

(3) The members of the central list must include—

(a) social workers who have at least three years’ post-qualifying experience in adoption and family placement work,

(b) social workers who have at least three years’ post-qualifying experience in child care social work including direct experience of fostering work,

(c) registered medical practitioners, and

(d) other persons who are considered by the Welsh Ministers to be suitable as members including, where reasonably practicable, persons with personal experience of adoption and persons who are, or within the previous two years have been, a local authority foster parent.

Section 6 Membership of a panel to review an adoption suitability determination

Where the qualifying determination to be reviewed is an adoption suitability determination, the number of people who must be appointed to a panel is five and the panel must include—

(a) two persons falling within regulation 5(3)(a),

(b) one person falling within regulation 5(3)(c), and

(c) two other persons from the central list, including, where reasonably practicable, at least one person with personal experience of adoption.

Section 7 Membership of a panel to review a disclosure determination

Where the qualifying determination to be reviewed is a disclosure determination, the number of people who must be appointed to a panel is five and the panel must include—

(a) two persons falling within regulation 5(3)(a), and

(b) three persons from the central list.

Section 8 Membership of a panel to review a fostering determination

Where the qualifying determination to be reviewed is a fostering determination, the number of people who must be appointed to a panel is five and the panel must include—

(a) two persons falling within regulation 5(3)(b), and

(b) three other persons from the central list, including, where reasonably practicable, at least one person who is, or within the previous two years has been, a local authority foster parent.

Section 9 Panel advisers

(1) A panel must be advised by a social worker with appropriate qualifications, skills and experience.

(2) A panel may, where the panel considers it appropriate, be advised by—

(a) a legal adviser with knowledge and expertise in adoption and fostering legislation;

(b) a registered medical practitioner with relevant expertise in adoption or fostering work, whichever is appropriate to the qualifying determination being considered;

(c) any other person whom the panel considers has relevant expertise in relation to the determination being considered.

(3) The panel advisers referred to in paragraphs (1) and (2) must be members of the central list.

Section 10 Appointment of a panel chair

The Welsh Ministers must appoint a person who has the necessary skills and experience to chair a panel.

Section 11 Disqualification of panel members

(1) A person (“ P ”) must not be appointed to a panel if—

(a) P is a member of the adoption panel or fostering panel of the organisation which made the qualifying determination,

(b) in the case of a qualifying determination made by a local authority, P is, or has been within the period of one year prior to the date on which the qualifying determination was made—

(i) employed by that authority in its children and family social services department, or

(ii) a member of that authority,

(c) in the case of a qualifying determination made by an organisation which is not a local authority, P is, or has been within the period of one year prior to the date on which the qualifying determination was made, an employee or a trustee of that organisation,

(d) P is related to a person falling within sub-paragraph (a), (b) or (c),

(e) the organisation which made the qualifying determination has placed a child for adoption with P or placed a child with P as a local authority foster parent,

(f) P was adopted or fostered as a child, and the organisation which made the qualifying determination was the organisation which arranged P’s adoption or fostering, or

(g) P knows the applicant in a personal or professional capacity.

(2) In this regulation—

(a) “ employed ” includes being a party to a contract of service or a contract for services or working as a volunteer, and

(b) P is related to another person (“ A ”) if P is—

(i) a member of the household of, or married to or the civil partner of, A,

(ii) the son, daughter, mother, father, sister or brother of A, or

(iii) the son, daughter, mother, father, sister, or brother of the person to whom A is married or with whom A has formed a civil partnership.

Section 12 Functions of a panel constituted to review an adoption suitability determination

(1) This regulation applies where the qualifying determination being reviewed is an adoption suitability determination.

(2) A panel constituted in accordance with regulation 6 must review the adoption suitability determination and—

(a) where paragraph (3) applies, make to the adoption agency that made the adoption suitability determination a recommendation as to whether or not the applicant is suitable to adopt a child, or

(b) where paragraph (4) applies, make to the adoption agency that made the adoption suitability determination a recommendation that—

(i) it should prepare a prospective adopter’s report in accordance with regulation 30(2) and, where applicable, regulation 30(3) of the Agencies Regulations to include all of the information required by that regulation, or

(ii) the applicant is not suitable to adopt a child.

(3) This paragraph applies where the prospective adopter’s report included all of the information required by regulation 30(2), and where applicable, regulation 30(3) of the Agencies Regulations.

(4) This paragraph applies where the prospective adopter’s report, in accordance with regulation 30(4) of the Agencies Regulations, did not include all of the information required by regulation 30(2) and, where applicable, regulation 30(3) of the Agencies Regulations.

(5) In considering what recommendation to make, the panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 30C of the Agencies Regulations,

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request, and

(c) may obtain such advice from the advisers referred to in regulation 9 as it considers necessary in relation to the case.

(6) Where the panel makes a recommendation that the applicant is suitable to adopt a child, the panel may give advice to the adoption agency on the number, age range, sex, likely needs, and background of children the applicant may be suitable to adopt.

Section 13 Functions of a panel constituted to review a disclosure determination

(1) This regulation applies where the qualifying determination being reviewed is a disclosure determination.

(2) A panel constituted in accordance with regulation 7 must review the disclosure determination and make to the adoption agency that made the disclosure determination a recommendation as to whether or not the agency should proceed with its original determination.

(3) In considering what recommendation to make, the panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 13A of the Disclosure Regulations,

(b) may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request,

(c) may obtain such advice from the advisers referred to in regulation 9 as it considers necessary in relation to the case,

(d) must consider the impact on any person who may be affected by the disclosure of the information, and

(e) must consider the welfare of any adopted person and if the person is an adopted child, that child’s welfare must be paramount.

Section 14 Functions of a panel constituted to review a fostering determination

(1) This regulation applies where the qualifying determination being reviewed is a fostering determination.

(2) A panel constituted in accordance with regulation 8 must review the fostering determination and—

(a) where paragraph (3) applies, make to the fostering service provider that made the fostering determination a recommendation as to whether or not the applicant is suitable to act as a foster parent;

(b) where paragraph (4) applies, make to the fostering service provider that made the fostering determination a recommendation that—

(i) it should prepare a full report in accordance with regulation 7(5)(c) of the Fostering Regulations to include all of the information required by regulation 7 of those Regulations, or

(ii) the applicant is not suitable to act as a foster parent;

(c) where the qualifying determination relates to the terms of the approval of the applicant as suitable to act as a foster parent, make a recommendation to the fostering service provider as to those terms.

(3) This paragraph applies where the written report prepared by the fostering service provider included all of the information required by regulation 7(5)(c) of the Fostering Regulations.

(4) This paragraph applies where the written report was prepared by the fostering service provider in accordance with regulation 7(6) of the Fostering Regulations, and in consequence, did not include all of the information that would otherwise be required by regulation 7(5)(c).

(5) In considering what recommendation to make, the panel—

(a) must consider and take into account all of the information passed to it in accordance with regulation 10 of the Fostering Regulations,

(b) may require the fostering service provider to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request, and

(c) may obtain such advice from the advisers referred to in regulation 9 as it considers necessary in relation to the case.

(6) Where the panel makes a recommendation that the applicant is suitable to act as a foster parent, the panel may also make a recommendation to the fostering service provider as to the terms of any approval.

Section 15 Power to adjourn panels

(1) The panel may adjourn the panel hearing where—

(a) the panel considers that it has insufficient information to make a recommendation to the relevant organisation in accordance with regulation 12(2), 13(2) or 14(2), and

(b) the panel wishes to request further information.

(2) The panel must be reconvened as soon as reasonably practicable when the information referred to in paragraph (1)(b) is available, but in any event no later than 28 calendar days from the date of the adjourned panel hearing.

Section 16 Fees of panel members

The Welsh Ministers may pay to any member of a panel such fees as the Welsh Ministers consider to be reasonable.

Section 17 Records

The Welsh Ministers must ensure that a written record of a panel’s review of the qualifying determination, including the reasons for its recommendation and whether the recommendation was unanimous or that of a majority, is retained for a period of 5 years from the date on which the recommendation is made.

Section 18 Application for review of qualifying determination

An application to the Welsh Ministers for a review of a qualifying determination must—

(a) be made by the applicant in writing within 40 working days beginning with the date on which a notification of the qualifying determination was sent by the organisation to the applicant, and

(b) include the grounds of the application.

Section 19 Appointment of panel and conduct of review

(1) Upon receipt of an application which has been made in accordance with regulation 18, the Welsh Ministers must—

(a) within 5 working days notify the organisation which made the qualifying determination that the application has been made by sending a copy of the application to the organisation;

(b) within 5 working days send a written acknowledgement of the application to the applicant and notify the applicant of the steps taken under sub-paragraph (a);

(c) within 25 working days appoint a panel in accordance with regulation 5 and fix a date, time and venue for the panel to meet for the purposes of reviewing the qualifying determination (“ review meeting ”);

(d) after taking the steps prescribed in sub-paragraph (c), and no less than 5 working days before the review meeting, inform the applicant and the organisation which made the qualifying determination in writing of—

(i) the appointment of the panel, and

(ii) the date, time and venue of the review meeting.

(2) The date fixed for the review meeting must be no later than twelve weeks after the date of the receipt of the application by the Welsh Ministers.

(3) The Welsh Ministers must ensure that the panel receives all relevant papers relating to the review as soon as possible but no less than 5 working days before the date fixed for the review meeting.

Section 20 Duty to provide information and assistance

The organisation which made the qualifying determination must provide, as far as is reasonably practicable, any information or assistance requested by the panel under regulation 12, 13, 14 or 15.

Section 21 Recommendation of panel

(1) Where the panel’s recommendation is not unanimous the recommendation must be that of the majority.

(2) The recommendation may be made and announced at the end of the review or reserved.

(3) The recommendation and the reasons for it, and whether it was unanimous or that of a majority, must be recorded without delay in a document signed and dated by the chair.

(4) The Welsh Ministers must without delay, and in any event no later than 10 working days after the date on which the recommendation is made, send a copy of the recommendation and the reasons for it to the applicant and to the organisation which made the qualifying determination.

Section 22 Duty to pay costs in connection with a review

The organisation which made the qualifying determination must pay to the Welsh Ministers such costs in connection with the review of that qualifying determination as the Welsh Ministers consider reasonable.

Section 23 Revocation

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