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What is the Independent Review Mechanism?

The Independent Review Mechanism (IRM) is a review process which prospective adopters can use when they do not agree with the qualifying determination given to them by their adoption agency. The review process is conducted by a review panel independent of adoption agencies.

A "qualifying determination" is a determination made by an adoption agency that it considers a prospective adopter is not suitable to adopt a child, and does not propose to approve him/her as suitable to adopt a child. A qualifying determination may be given in respect of an application to adopt a child from the UK or from outside the British Islands . It may be issued after either a brief or full prospective adopter's report has been prepared and considered by the adoption panel and agency, or where the agency decides following a review of their approval to change an earlier decision to approve the prospective adopter and that too has been considered by the adoption panel.

Who can apply to have their case reviewed?

Prospective adopters who have been given a qualifying determination by their agency.

Independent review panels have the legal power to consider only reviews concerning the suitability of prospective adopters to adopt a child. They do not have the power to consider whether adoption should be the plan for a child, whether a child should be placed with a particular prospective adopter, or deal with complaints against the adoption agency. Complaints should be dealt with through the agency's complaints procedure.

Can I apply to the IRM for a review and make representations to my adoption agency at the same time?

No. You have to make a choice whether you wish to make representations to your adoption agency OR apply to the IRM for a review of the adoption agency's qualifying determination.

So can the review panel make a new decision about my case?

No. The review panel is not a higher appeals authority and it cannot overturn the adoption agency's determination. It can make a fresh recommendation to your agency on your suitability to adopt a child. Your agency must take that recommendation into consideration when making its final decision. The review panel will make its recommendation after it has considered:

• the information that was before the original adoption panel;
• any relevant information received by the adoption agency after the papers had been sent to the adoption panel; and
• your grounds for requesting a review.

If the review panel needs further information, it may request the adoption agency to obtain it, unless it would be more appropriate to ask you to do so.

The panel may also obtain legal advice, should it wish to do so.

Who will decide whether I am suitable to adopt a child?

The decision rests with your adoption agency who must take the recommendations of the review panel and adoption panel into account when making its final decision on your suitability to adopt a child.

How do I make an application?

There is no prescribed form on which to make an application but your application must be in writing and include the following:

• your grounds, i.e. why you disagree with your adoption agency's determination;
• the date of the letter you received from your adoption agency
• the name and address of your adoption agency so that we can obtain from them the information which the review panel will need.

You must make your application within 40 days from the date of the adoption agency's letter. You can send your application to us by post, fax or email. Our contact details are on the last page. It is important that you do not send your application to any other address since this will delay the review panel considering your application.

How will the process work?

Once an application has been received by the IRM all the information, which was provided to the original adoption panel, will be requested by the IRM office from the agency. You are asked to give your consent to disclosure of all papers including medical information. The minutes of the original panel are not included so that the IRM panel can consider the case without being influenced by the thinking of the original panel but they will know the reasons for the original panel and decision maker's recommendation not to approve.

You can provide extra information for the review panel up to 14 days beforehand and the IRM Contract Manager may also request additional information from either you or the agency. All the paperwork is reviewed by a legal adviser and a medical adviser who will also be available to the panel at the panel meeting. The medical adviser may also seek additional information to assist them with their report. All the information will then be considered by the review panel.

You will receive a copy of the papers presented to the original panel and copies of any additional information provided by you or the agency will be sent to the other party before the panel meeting, except any confidential 3rd party information which cannot be shared with you.

Will people who looked at my case originally be on the review panel?

No. To demonstrate the independence of the review panel, the law lists a number of reasons why a review panel member may be disqualified from considering a review, for example, if the member is or was employed in the past year by the adoption agency who made the qualifying determination, or he/she knows the applicant in a personal or professional capacity, or the member was approved as a prospective adopter by the agency which gave the qualifying determination. . You must tell us if you believe a particular review panel member should not, in fact, be appointed to consider your case.

So who will consider my case?

The person appointed to be the Chair of the review panel will be experienced in adoption work. The review panel will include two social workers, a medical practitioner and up to six other members. All panel members will have professional or personal experience of adoption; some members may be adopters or adopted adults.

The review panel will have a written report on your case from its Legal Adviser, and there will be someone - a professional adviser - who will be able to provide advice on legislation, guidance and research to ensure that all relevant issues are considered and the correct proceedings followed. A Panel Secretary will be present to take minutes of the meeting. The Panel Secretary, the Professional Adviser and the Legal Adviser will not take part in the Panel discussions or in the making of the review panel's recommendation.

Where will the review panel be held?

Review panels will be held in London, Bristol, Leeds, Manchester, Birmingham, Newcastle-upon-Tyne and Cambridge. Once we receive your application we will identify the panel most suitable to consider your case, taking into account whether you wish to adopt a child from overseas and other cases needing to be heard. We will try to keep your travelling to a reasonable distance.

Can I attend the meeting and have my say?

Yes. You and your partner, if you have one, will be invited to attend the review panel meeting, which will be quite informal. You may also be accompanied by a friend. The role of the friend is to provide you with moral support; he or she cannot speak on your behalf or act as an advocate. If you have a physical, sensory or learning impairment, or English is not your first language, you may bring an interpreter or helper with you in addition to a friend. Please note that we cannot pay any expenses to you or to any friend or interpreter for attending the meeting.

You will be invited to state your case and give your reasons for disagreeing with the qualifying determination. Members of the review panel will be able to ask you questions. You will then be asked to wait in a waiting room while the panel discusses the case. The review panel may wish to call you back to clarify any point and when they are sure they have all the information they will advise you that you may go. You may need to be available for up to two hours.

Will anyone else be there?

Your adoption agency will be invited to send a representative to the review panel meeting. It will of course be for them to decide who should attend, but we expect them to send someone who will be able to answer the review panel's questions. They will not be in the room at the same time as you are giving your information to the panel.

What happens at the review panel?

There will be separate waiting rooms for you and the agency representatives.

Once the panel members have discussed the paperwork they will decide on the questions they want to ask you or the agency representatives. You will be invited in first and given the opportunity to make your representations and answer questions.

The panel will then ask you to wait back in the waiting room whilst they put questions to the social workers. The Panel will then consider whether they have any additional questions for either party and in that event will invite you or the social workers back into the panel. Once the panel has decided there are no further questions you will all be asked to leave.

The panel will conclude their deliberations and reach a recommendation.

I’ve waited long enough to get to this stage; am I going to have to wait again to have my case heard by the IRM?

We aim to complete each case within four months of receiving the application. Once we have received your application we will advise you of the date, time and location of the review panel meeting. We will give you at least a month's notice. If the date is not convenient, you can ask for a later date. If you would prefer to travel to another venue please discuss this with us, but remember no travel costs or expenses can be met.

Will I have to pay for the hearing?

No. Your adoption agency will meet the cost of the review.

What happens after the hearing?

We will send you and your adoption agency a copy of the review panel's recommendation. This will be posted to you within 12 working days of the hearing date. Your adoption agency will then write to you informing you of its final decision.

What if I’m still not happy with my adoption agency’s decision?

There is no right of appeal against your adoption agency's decision. If you remain dissatisfied, you should seek your own advice from, for example, a solicitor or the Citizen's Advice Bureau, as to what action you may take.

What if I want to complain?

There is a formal complaints procedure that is available for you to use and sets out the steps you should take. This is available from the IRM Head Office.

Is there information available about the outcome of cases that have been heard by the IRM?

The following statements give statistics and information about the operation of the IRM in the first three years and can be downloaded from the Every Child Matters website. Year 1, 2004-05 , Year 2, 2005–06 , Year 3, 2006 - 07

Statement on the Operation of the Independent Review Mechanism

The DCSF have published their review of the Independent Review Mechanism and the Adoption Register. Follow this link to the report.

Contact details for IRM:

Elaine Dibben
Contract Manager
IRM Head Office
Dolphin House
54 Coventry Road
Birmingham, B10 0RX
Telephone: 0121 7668086
Fax: 0121 766 8557
E-Mail: irm@baaf.org.uk