 the panel cannot reach a consensus on its recommendation after the chair and other members of the panel have voted, the panel chair has a second vote, i.e. the casting vote. The panel’s minutes should clearly set out the reasons why the panel chair had to use the casting vote. The final minutes must be produced promptly and agreed by the panel members and then sent to the agency’s decision-maker to allow the decision to be made within seven working days of receipt of the panel’s recommendation and final set of panel minutes. 1.46. It should be borne in mind that, for example, the notification of any qualifying determination to prospective adopters (see chapter 3) must be accompanied by full reasons for the decision, and should make clear whether or not the decision- maker’s decision is in accordance with the panel’s recommendation. In Hofstetter v London Borough of Barnet and IRM [2009] EWHC 3282 (Admin) paragraph 133, the court was critical of the agency’s practice of telling the prospective adopters that they would be informed of the reasons for the qualifying determination as and when the minutes had been prepared. The decision-maker needs to be clear as to 25 whether or not they agree with all or some of the reasons for the panel’s recommendation as expressed in the minutes. 1.47. Arrangements should be made by the agency adviser to the panel for the safekeeping of the minutes and the record. Panel minutes, like other parts of adoption case records, are exempt from the subject access provisions of the Data Protection Act 1998 (i.e. the person to whom they relate does not have a statutory right of access to the information they contain). For more details, see chapter 6. Notification of the panel’s recommendation 1.48. Prospective adopters, children and birth parents