Clause 34

Children and Young Persons Bill [Lords] – in a Public Bill Committee at 6:00 pm on 1st July 2008.

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Independent review of determinations relating to adoption

Question proposed, That the clause stand part of the Bill.

Photo of Annette Brooke Annette Brooke Shadow Spokesperson (Children, Schools and Families), Shadow Minister (Education)

I have a brief question, which I hope the Minister can answer by speaking to the clause. Not having served on the Committee that considered the Adoption and Children Act 2002, although I have served on most Committees considering that sort of Bill, I am not sure of the clause’s full significance.

Photo of Kevin Brennan Kevin Brennan Parliamentary Under-Secretary (Department for Children, Schools and Families) (Children, Young People and Families)

The amendments made by clause 34 are minor and are being made so that the review mechanisms for adoption and fostering are in line with each other. Subsection (2) clarifies that applications for a review of a qualifying determination are to be made to the appropriate Minister, not to the review panel. On receipt of an application, the appropriate Minister will constitute a review panel to review the qualifying determination. Subsections (3) to (7) remove from review panels the power to recover the cost of a review from the adoption agency that made the qualifying determination under review. Instead, it will be for the appropriate Minister to determine the sum that must be paid by the adoption agency. That will be based on the cost to the appropriate Minister of performing his independent review functions. In anticipation of this question, it will not and must not include any element of profit.

The only practical change for adoption agencies is that the review panel will not include in its written recommendations an order for payment of costs. Prospective adopters will not be affected by any of these changes and there will be no additional work for adoption agencies.

Question put and agreed to.

Clause 34 ordered to stand part of the Bill.