Guidance

Adoption records disclosure: apply and prepare for a review

How adopted persons and birth relatives can apply for a review of an adoption agency’s qualifying determination letter.

All IRM review panels will be held remotely.

Who can apply

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

  • you’re an adopted person or birth relative
  • you’ve already applied to the adoption agency about disclosing records
  • you’ve 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’s 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’s 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’s own complaints procedure

Apply

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

Do not send your application to any other address – this will help avoid delays and keep sensitive information about your case secure.

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 – do not send the original
  • why you disagree with the adoption agency’s 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’ve received your application.

Next steps

We’ll let you know:

  • when we’ve received your application
  • whether we’ve accepted your application

If we accept your application, you’ll 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’ll be contacted 2 to 3 weeks before the review panel takes place and told who’ll 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’ll 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’re 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.

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’s 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’s recommendation but it’s your agency who will make the final decision about whether to disclose records.

Appeals

You cannot appeal against the adoption agency’s 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’s recommendation. You can only complain about the service you have received or the handling of your case.

Contact

Independent Review Mechanism

Regent Business Hub, 4 Pavilion Business Park, Royds Hall Road, Wortley
Leeds
LS12 6AJ

Email irm@irm.org.uk

Phone 0113 202 2080

Phone lines are open between 9.30am and 12.30pm, Monday to Friday. Where possible, consider contacting us by email.

Published 31 July 2020