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Who can apply

You鈥檒l only be eligible to apply for an Independent Review Mechanism (IRM) review panel if:

• you鈥檙e an adopted person or birth relative
• you鈥檝e already applied to the adoption agency about disclosing records

• you鈥檝e received a qualifying determination letter and you disagree with the decision to either disclose or withhold protected information

• your case relates to an adoption made on or after 30 December 2005
• you apply to the IRM within 40 working days of receiving the qualifying determination letter

If your application is accepted, an IRM panel will review your case and make a recommendation about disclosing protected information.

There鈥檚 more information about the IRM and IRM review panels on our about us webpage.

What the IRM review panel cannot help you with

The IRM review panel:

• cannot change or overrule an adoption agency鈥檚 final decision
• cannot make a new decision about your case
• cannot deal with complaints about the adoption agency - if you want to complain, you should use the adoption agency鈥檚 own complaints procedure

Apply

Either apply using the application process on this webpage or email the IRM directly using our contact details.

Your application should include:

• your name, email address and phone number
• the name, full address, email and phone number of the adoption agency
• a copy of the determination letter you received from the adoption agency 鈥� do not send the original
• why you disagree with the adoption agency鈥檚 determination letter

You can submit more information to us at a later date.

Where to send your application

Use our contact details to send your application. You can contact us if you have any questions on how to apply.

Cost

Review panels and applications are free for applicants. Your adoption agency will contribute to the cost.

Duration

We aim to complete your case in 4 months after we鈥檝e received your application.

Next steps

We鈥檒l let you know:

• when we鈥檝e received your application
• whether we鈥檝e accepted your application

If we accept your application, you鈥檒l be asked to attend a review panel in person.

Attending a review panel

You do not have to attend the IRM review panel, but if you choose not to attend, you cannot ask someone else to attend on your behalf.

You鈥檒l be contacted 2 to 3 weeks before the review panel takes place and told who鈥檒l be on your IRM panel .

Contact us if you think a particular panel member should not be on the panel due to a conflict of interest.

All IRM review panels are held remotely using video conferencing. You will be sent an email a few days before the review panel with a link to join the virtual panel and some further instructions. When you join the virtual panel, you will enter a virtual waiting room until the panel host admits you to the panel. You will not be able to see anyone else in the waiting room.

Duration

A review panel will last for about 3 hours.

What to expect

During the review panel the panel will ask:

• you questions about your case
• your adoption agency some questions

At the end of the IRM panel, you鈥檒l also be able to make:

• some additional brief comments
• briefly comment on the answers from your adoption agency

When the panel has finished, the panel host will transfer you back to the virtual waiting room. The panel host may need to readmit you to the panel to answer further questions or to clarify certain points. The panel host will let you know when the review is over and when you鈥檙e free to leave.

Supporter and their role

You can have somebody give you emotional support during the review panel but they:

• cannot intervene during the panel hearing
• cannot speak on your behalf
• cannot represent you if you choose not to attend

Your supporter will also be sent a link to join the virtual panel.

People involved

The panel

The panel is made up of at least 3 voting members who have professional or personal experience of child placements.

The panel is independent of the adoption agency.

Panel adviser

The panel adviser provides advice on legislation and gives guidance to ensure the IRM panel considers all relevant issues and follows the correct procedures.

The panel adviser is a non-voting member of the IRM panel.

Medical practitioner

A medical practitioner may give the panel written advice and attend the review panel if the panel asks them to.

Legal adviser

A legal adviser will give the panel written advice and is available by telephone during the IRM panel.

Panel secretary

The panel secretary takes minutes and is a non-voting member.

Panel host

The panel host will send you an email to attend a review panel remotely. They will admit you to the virtual waiting room and then to address the panel. The panel host is a full member of the panel.

Your agency

Your agency can attend the IRM panel and send up to 2 representatives. The agency can send anyone they think is suitable but not the agency decision maker.

The IRM usually asks your agency to send representatives who can answer the panel鈥檚 questions such as an assessing or supervising social worker or a manager.

Next steps

The panel will make a recommendation about the original qualifying determination.

You and your adoption agency will get a copy by email or by post if you do not use email.

Your adoption agency will consider the panel鈥檚 recommendation but it鈥檚 your agency who will make the final decision about whether to disclose records.

Appeals

You cannot appeal against the adoption agency鈥檚 final decision. If you want to challenge their decision, you should take legal advice.

Complaints

Use our complaints procedure to find out how you can complain.

You cannot complain about the IRM review panel鈥檚 recommendation. You can only complain about the service you have received or the handling of your case.

Contact