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Qualifying Determination

This is made where an adoption agency/fostering service  decides that a prospective adoptive applicant/foster carer  would not be suitable to adopt/foster a child, or  where it is proposed to vary a foster carer’s terms of approval. The applicant must then be given the opportunity to seek a review through the Independent Review Mechanism.

A qualifying determination is also made in relation to Adoption Orders made after 30 December 2005, where a decision is made not to proceed with an application for disclosure of protected information or to disclose information against the express wishes of the person the information is about or not to disclose information about a person to the applicant where that person has expressed the view that the information should be disclosed.

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