Independent Review Mechanism for fostering and adoption

The Independent Review Mechanism was first introduced in 2005 through secondary legislation, made under sections 9 and 12 of the Adoption and Children Act 2002. The purpose of the 2005 Regulations was to offer prospective adopters an opportunity to have decisions (technically known as 'qualifying determinations') reviewed by an independent panel if they had not been approved to adopt by their local authority or agency and were unhappy with the decision.

The 2009 Regulations expanded the original remit to provide a similar service to prospective and existing foster carers who are deemed ineligible to foster; and to adult adoptees wishing to review historic decisions made about accessing their birth records. Most of the applications to the IRM currently are foster carer cases. On average, between 2013 and 2016, 85% of cases were for foster carers; 13.8% were for adopters; and 1.2% were for adult adoptees.

The Regulations broadly stipulate how the IRM should be carried out. You can read the Regulations by entering the following URL into your browser. https://www.legislation.gov.uk/uksi/2009/395/contents/made

Additional information: The Department for Education will soon be inviting organisations to tender for the provision of the Independent Review Mechanism for fostering and adoption (IRM).

The IRM provides an objective, independent route for challenging or reviewing decision-making within children's social care, and is the only route for prospective adopters and foster carers to challenge decisions made about them by their agency. They can apply to the IRM to have their case heard by an independent panel of children's services experts.