Commentary on Sections Part 3 –Adoption and Fostering Section 34: Independent review of determination relating to adoption
138.Section 34 amends the existing powers in section 12 of the Adoption and Children Act 2002 which enable regulations to provide for the independent review of qualifying determinations, to ensure that the provisions are aligned with the new provisions that relate to the independent review of qualifying determinations in relation to local authority foster carers set out in paragraph 4 of Schedule 1 (see new paragraph 12F) and Schedule 2 (transitory provisions).
139.Subsection (2) amends section 12 to clarify that the regulations are to provide for the application for a review to be made to the appropriate Minister, and that the review is to be by a panel constituted by that Minister. By virtue section 144(1) of the Adoption and Children Act 2002 and Schedule 11 to the Government of Wales Act 2006, “appropriate Minister” means, in relation to England, the Secretary of State and in relation to Wales, Welsh Ministers.
140.Subsections (3) to (7) provide that the regulations may impose a duty to make a payment to the appropriate Minister of such sums as the appropriate Minister may determine, though the sums payable to the national authority must not, taking one financial year with another, exceed the costs incurred in performing the independent review functions. These provisions replace the existing powers under which it is the independent review panel which has a power to recover the costs of a review.