Non Agency Adoption

1. Partner Adoption

Partner adoption comprises the largest category of non-agency adoptions and it is important that this work is completed thoroughly and not seen as a 'rubber stamping' exercise or a fait accompli. Non-agency adoptions are part of our safeguarding role.

Enquirers may come direct through the website or may call our Early Advice Service (EAS). Where it is the latter, the EAS worker will answer any immediate questions and ensure they are signposted to the website. From there, the applicant/s and resident parent (where applicable) will book on to a Non Agency / Partner Adoption Briefing. Partner or step parent adoption | One Adoption.

Following that attendance at a briefing, a link is provided to attendees to complete the Notification of Intent Form and the Consent for Checks.

1.1 Referral

When the notice of intention form is received it will be viewed as the referral for adoption. This notification will be formally acknowledged once it has been accepted (via workflow on Mosaic). The notice of intention to adopt must be given at least 3 months prior to an application for an Adoption Order. The applicant in a partner adoption must have lived with the child for at least 6 months prior to the notification being sent.

The notice indicates the category of non-agency adoption and thus the work to be undertaken. On receipt of the notice, the lead manager will seek to allocate a social worker as soon as practical for an information and counselling visit and ideally will take place no more than 3 weeks from receipt. Often through visits, families may decide that adoption is not right for their circumstances and it is best therefore that the family are not waiting a long time for this counselling visit.

The effect of a notice of intention to adopt is that restrictions are made on the child's removal from their home. The child may not be removed for 4 months beginning with the giving of the notice, except by leave of the court or by a local authority or an authorised person. These restrictions also apply after the application for an Adoption Order. The notice of intention to adopt expires after 2 years, if no application for an Adoption Order is made.

Prospective applicant/s should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

Advice is always given to applicants to take independent legal advice, though it is not always necessary to have a solicitor engaged for the whole process. There are times where if the matter is being contested by the non-resident parent, it may become necessary to engage a legal representative for the remainder of the process.

1.2 Counselling

Counselling should commence as soon as a social worker is appointed, so that alternative orders to adoption can be explored fully with the child and their family. The court will expect to know why adoption is considered to be the most appropriate option and this must be discussed at an early stage. In particular, the discussion should address the possibility of a Parental Responsibility Order as an alternative to adoption and a means of securing the future for the child. A Parental Responsibility Order application can only be made by the partner if the couple are married or in a civil partnership. An unmarried or cohabiting partner cannot apply for a Parental Responsibility Order. An unmarried partner, or one not in a civil partnership, could acquire parental responsibility by a Child Arrangements Order. A Special Guardianship Order (SGO) is not an alternative to adoption and should not be used in partner adoptions. The only exception is where the birth parent is ill and has limited capacity to exercise their parental responsibility and the SGO will allow the partner Parental Responsibility over and above the birth parent.

Information on Partner adoption will already have been accessed by the applicants (through attendance at a briefing and our website); this can be used as a basis for discussion. The purpose of counselling is to ensure that the nature and implications of adoption are understood fully by the child, the prospective adopter(s) and the birth parent(s).

During counselling, the prospective adopter(s), must be made aware of the need to obtain personal details of their family/ies for inclusion in the Annex A report for the court. The resident parent should understand that they will not need to adopt the child with the new partner, as used to be required. The effect of an Adoption Order is that they will share the parental responsibility and all legal rights and duties in respect of the child with the partner.

Following counselling and where it is agreed to progress to An Annex A assessment, the social worker shall arrange a further visit. During this visit, the Social Worker will take with them the following;

• Blank/electronic DBS forms to be completed during the visit;
• In the event that the applicant(s) have spent significant time abroad, the Agency should also consider overseas checks;
• Advise regarding ex partner checks (which must be carried out as per the ex partner check policy – see Assessment and Approvals of Prospective Adopters Procedure.
• Advise re school / nursery checks;
• Explore if they may be known to their Local Authority or ones they have lived in previously;
• Ensure contact details are received in relations to the non-resident parent/s or donor or evidence of tracing;
• A blank Annex A form to be left with the prospective adopters for information about the areas covered in the assessment;
• A blank Application Form (A58) for ease of reference (NOTE: do not use this form for the actuall application to court. Download at time of application to court to ensure latest version is submitted. Courts will send out of date forms back. Apply for an adoption order: Form A58 - GOV.UK (www.gov.uk);
• Medicals are not required in cases of Partner adoption. However, on a case by case basis, the agency can request either a medical on the applicant or the child. Process is found here: Non-Agency - Children's Medicals - All Documents (sharepoint.com).

During this visit the Social Worker should gather as much information about the birth parents (and anyone else with PR) as is known to the prospective adopters. This should include any known contact information, personal details and last known addresses. There is onus on the family to trace these individuals and courts expect those with PR and birth parents are spoken to as part of the process. The assessment of the family should help them think about the effects of an adoption order on themselves, the child, and all members of the birth and adopting families. They should be able to describe to the Social Worker the full legal effects of the making of an adoption order and be able to explain why they prefer this order over all other options.

It will be necessary to ascertain whether the prospective adopter has informed the birth parent(s) (or other parent) of their intention. If they have not done so, the social worker will need to explain the contribution from the (other) birth parent(s) that will be needed, and discuss with the prospective adopter(s) whether they wish themselves to inform the birth parent(s) before the social worker makes contact with them.

The Social Worker may need to consider:

1. Using an interpreter – even where people have a reasonable fluency in English, their understanding of the legal options to enable them to care for a child may be limited, and their understanding of the lifelong impact on a child may be difficult to explore;
2. Note that it is the responsibility of the prospective adopter(s) to give the birth parent(s) address and their views on the proposed adoption to the social worker. This is most important as the social worker needs to contact the birth parent with or without parental responsibility, in order to verify their feelings and wishes regarding the adoption if reasonable or practical. Where this is proving challenging, we can use Tracesmart. TraceIQ - Complete consumer intelligence (tracesmart.co.uk).

Where we continue to be unable to reach the non-resident parent / donor, upon the application to court, we can ask the court to order the Department of Work and Pensions to release contact details. However, this is not a request the court accept with favour and it is better to not have to do this.

3. The social worker should explain to the prospective adopter(s) the need to provide as much detail as possible about the birth parents at the point of notification. Using the DWP and other investigative organisations to assist in locating birth parents, can be done once in the court arena but courts do not look upon such requests with favour;
4. Legal representation – where a family are not entitled to and cannot afford legal representation or advice it can be necessary to need legal advice. The Agency will seek this from CoramBAAF in the first instance, before consideration is given to approaching our legal team.

In addition, the Social Worker should:

5. See each prospective adopter and the child (if of the appropriate age) separately at least once, to ascertain wishes and feelings and any issues;
6. See the child within the family and assess how well they are assimilated and relate to each of the prospective adopters. The child needs to know and have an understanding of their birth origins as well as to be aware of the implications of adoption. They should be seen alone if old enough (e.g. over 5 years) and it is important to note that even young children can understand the difference between a 'parenting' parent and a 'birth' parent. The agency should provide guidance and support to the adults involved to enable them to inform the child.

It is essential that the child's views are recorded and taken into account. Where a child has strong bonds with the absent parent, it is crucial that this matter is given careful consideration. In such cases, it may be that Section 8 order may be a more appropriate recommendation, for example a Child Arrangement Order.

7. See other family members including children in the adoptive family/ birth family to ascertain their wishes and feelings;
8. Keep all communications and exchanges logged on the case file;
9. Review the DBS information as soon as it is received. If three are specified and or violent offences, that matter should be risk assessed. Whilst specified offences may preclude one from adopting via the agency route (i.e. to adopt a child from care), this does not apply in the case of Non-agency Notification of Intentions and thefefore the Agency has a duty to risk assess and complete an Annex A;
10. Meet at least one of the three referees face to face and away from the family home;
11. Ensure the family information about how the child came to live with them is clear and backed up with evidence;
12. Meet with any birth parents or those with PR for the child who will lose it should an adoption order be granted. Any parent, guardian or special guardian of the child with PR will have to give consent to the adoption or have their consent dispensed with. (The latter will require the court to be satisfied that there is good reason to do this; that either the parent cannot be found, is incapable of giving consent or the welfare of the child requires for their consent to be dispensed with). Note: it is the role of the Reporting Officer (Family Procedure Rules r16.32) within the adoption proceedings and not the Local Authority to record parental consent in England and Wales, unless the Rules of the Court provide otherwise or otherwise directed.
13. Ensure any discussions with birth parents or family members clarify these people’s full understanding of the effects of adoption on the child.

Counselling the birth parent or anyone who has parental responsibility for the child is essential. The Adoption Memorandum- Information for Birth Parents should be provided by the social worker and used as a basis for discussion. Written acknowledgement of the receipt of the memorandum should be signed by the birth parent and placed on file. The memorandum has no legal status and does not imply agreement.

Similarly, anyone with parental responsibility and who has played a significant part in the child's life should be counselled and their legal rights explained fully. Reasons for not involving a birth parent or other person with parental responsibility should be recorded in detail on the file.

Any birth parent not agreeing to the proposed adoption plan should be advised to engage a solicitor as soon as possible.

If the child does not know of their origins (particularly in partner adoptions) where the child believes the partner to be their birth parent, the applicant may be given support by the social worker in telling the child about their origins. In cases where parents obstruct attempts to disclaim the true position with the child, it may be necessary, once their application is made, to seek directions from the court.

The views and wishes of the wider family are also likely to be relevant and the social worker will need to consider whom it will be necessary to approach. This may be a matter of special significance if the child's non-resident birth parent is dead. Where there is contact between the child and grandparents it will be necessary for all the family members to consider how the making of an Adoption Order might affect their relationship.

1.3 Contact

Issues of any on-going contact should be discussed fully with the child, the prospective adopters and the birth parent(s). Such arrangements may be made informally if all parties are in agreement. However, in the event of a dispute, it may be necessary to consider the recommendations of a Child Arrangements Order to run alongside or instead of the Adoption Order.

1.4 References

Our checks should be reasonable, proportionate and consistent to all families. This includes DBS- all members of the household over 17 must have a DBS. Everyone else may use the portal which we provide details of. DBS need to be updated every three years. Under our data protection commitments we must not keep copies of DBS.

Local Authority Checks will also be carried out. Upon acceptance of the notice, Business Support are notified through mosaic to send Local Authority checks to all LA’s where applicants have lived. These are recorded on the Statutory check workflow for each applicant.

With regard to the Armed Forces, checks will not be carried out unless currently employed. Social workers may find it helpful to ask the applicant if they have any record to share, particularly medical.

In terms of overseas checks, where an applicant has lived overseas, for a year or more, we will ask them to provide us with details so that we may obtain a reference from their Employer during that time. Where that is not possible we will ask for a reference from someone who knew them there. Where either of these are not an option we will consider carefully the need or an overseas police check.

We will seek ex partner references as appropriate.

Three written personal referees will also be requested. Good practice would be to undertake a reference for each adult in the household family. In terms of visiting referees, it is expected a minimum of 1 is visited, building up to 3 only where exceptionally required. Where the child is of nursery / school age a reference should be sought.

DBS costs are met by the agency.

The social worker with Business Support must instigate the completion of the statutory references on both the birth parent and the prospective adopter, and any other member of the household over 17 years at an early stage in the counselling process. The written permission of the applicants and other household members is required for these checks to be undertaken.

Medical reports are not generally required for partner adoptions; however, if there is a significant health issue then a medical can be arranged.

1.5 Assessment and Recording

A record of the counselling work must be noted fully on the adoption case file. The result /outcome of the statutory checks must also be recorded (not on the child's record, but on the record of the adult to whom they pertain). An assessment must be made as to the suitability of the applicants to adopt the child in order that a recommendation can be made to the court. It is important to refer to the Annex A requirements to ensure that full information is compiled.

Upon allocation to social worker and each supervision throughout, the seeking of legal advice must be considered (ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019).

Prospective applicants should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

1.6 Court Work and Preparation of Annex A Report

After 3 months has elapsed since the notice of intention to adopt was sent, the prospective adopter can fill in the adoption application forms, A58. Payment will also be required to be made to the court by the applicant. These should be completed in triplicate and submitted with the child's original / long birth certificate and the applicants' marriage or civil partnership certificate (if applicable). If the application is likely to be contested, then the social worker should liaise with the applicants' solicitor regarding the timing and submission of the application forms and reports. It is likely that the solicitor will deal with all application forms. Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued, when a timetable for filing of reports etc. will be set. Legal aid may be available is some cases, particularly if it is a complex situation. If the applicants are on income support the applicant can apply to the court to waive the court fee.

As far as possible, the Annex A should be submitted alongside the application to court. There will be limited circumstances where the application is made without the court report i.e. where directions from the court are sought.

This report, in non-agency adoptions, is exactly the same as that written in respect of agency adoption placements. The report must be prepared within the timescale fixed by the court. No extensions are likely to be given and any possible delay must be explained to the court at the earliest opportunity. Courts are content to accept Annex A reports where the DBS has not been received with a view to this additional information being provided to the court in a brief addendum report as soon as it is received by the agency. ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019 determines that Annex A reports must be read by the supervising Team manager and signed accordingly.

ZH v HS & others 2019 also refers to the sharing of the Annex A report with the applicant ONLY. This is purely for the purposes of factual correction. All content should be known to the applicant given their intention to adopt; they ought to have the fullest possibly information on the child/ren. If it is the view if the report writer that the report should have sections redacted prior to sharing, this should be worked through the report.

Three copies of the completed report must be sent to the court with a covering letter, though most reports are now emailed.

1.7 CAFCASS

In non-agency adoption proceedings the court will appoint a court reporting officer. This person will be independent of the court and all agencies. The role of the reporting officer is to gain consent from birth parent/s.

Any consent executed outside of the UK is to be witnessed by a person authorised by law to administer an oath, a British consular officer or a notary public.

In rare instances the reporting officer may appoint a solicitor for the child.

The social worker must attend court.

2. Adoption by Others

In this situation, anyone who has had the care of the child for any 3 years out of the past 5 years, can apply to adopt. This is likely to cover situations such as adoption by relatives or private foster carers (the allocated worker you must consider if this is a private fostering. That is where it is an adoption by others though not foster carers or a close relative e.g. aunt or uncle. If it could be private fostering and not already known to the LA, a referral would need to be made). It may also include a ‘gifted child’ or ‘freely given’ child. This is where a child is given to a friend or relative usually because they have not been able to have a child of their own. It can be usual for enquirers to call regarding this prior to the birth or soon after. Thus adoption without leave of the court will not be possible at such a stage. The caller should be directed to a family solicitor.

Private Fostering Arrangements: Wider family members and other people who have been caring for a child under private fostering arrangements for at least three years may make an adoption application if they have given the required notice to the local authority. In these circumstances, provided the Children (Private Arrangements for Fostering) Regulations 2005 have been complied with, the child and the local authority, who will have been visiting regularly, will already know family.

If there has been a failure to comply with the private fostering regulations it will be necessary to refer the matter to the private fostering team for them to consider what action should be taken. Failure to notify (with or without subsequently being convicted of an offence under section 70 of the 1989 Act) is something that should be taken into account when considering the suitability of those persons to adopt.

If the family do come under the private fostering regulations, but are not known to the Local Authority, they should be referred to the private fostering team immediately, and assessment and monitoring processes complied with, even if this is alongside an adoption process.

Enquirers may come direct through the website or may call our Early Advice Service (EAS). Where it is the latter, the EAS worker will answer any immediate questions and ensure they are signposted to the website. From there, the applicant/s and resident parent (where applicable) will book on to a Non Agency / Partner Adoption Briefing. Partner or step parent adoption | One Adoption

2.1 Referral

When the notice of intention form is it will be viewed as the referral for adoption. This notification will be formally acknowledged once it has been accepted (via workflow on Mosaic). The notice of intention to adopt must be given at least 3 months prior to an application for an Adoption Order. The applicant in a partner adoption must have lived with the child for at least 6 months prior to the notification being sent.

The notice indicates the category of non-agency adoption and thus the work to be undertaken. On receipt of the notice, the lead manager will seek to allocate a social worker as soon as practical for an information and counselling visit and ideally will take place no more than 3 weeks from receipt. Often through visits families may decide that adoption is not right for their circumstances and it is best therefore that the family are not waiting a long time for this counselling visit.

The effect of a notice of intention to adopt is that restrictions are made on the child's removal from their home. The child may not be removed for 4 months beginning with the giving of the notice, except by leave of the court or by a local authority or an authorised person. These restrictions also apply after the application for an Adoption Order. The notice of intention to adopt expires after 2 years, if no application for an Adoption Order is made.

Prospective applicant/s should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

Advice is always given to applicants to take independent legal advice, though it is not always necessary to have a solicitor engaged for the whole process. There are times where if the matter is being contested by the non-resident parent, it may become necessary to engage a legal representative for the remainder of the process.

2.2 Counselling

Counselling should commence as soon as a social worker is appointed, so that sufficient time is allowed to consider the lifelong impact of adoption on the child and family. The court will expect to know why adoption is considered to be most appropriate and this must be discussed at an early stage. Alternative orders, such as Special Guardianship or Child Arrangements Orders should be discussed and considered by the family as these may be more appropriate. The social worker should advise the family when they should make their application.

The prospective adopter/s should be clear that the social work involvement is important to the decision making regarding adoption and is not a means to the end result of an Adoption Order. The purpose of counselling is to ensure that the nature and implications of adoption are understood fully by the child, the prospective adopter(s) and the birth parent(s).

In counselling the prospective adopter/s, they should be made aware of the need to obtain personal details of their families for inclusion in the Annex A report for the court. Counselling issues will need to include a full discussion on the impact of adoption. This is particularly relevant where the application is by a family member and relationships within the family may become altered because of the adoption. The likely effect of this on the child and others - e.g. a grandparent may become the child's mother on the making of the Adoption Order and, by implication, the birth mother become the child's sibling, should be fully explored.

Following counselling and where it is agreed to progress to An Annex A assessment, the social shall arrange a further visit. During this visit, the Social Worker will take with them the following;

• Blank medical adoption assessment forms (for each prospective adopter ) to be completed by GP (and attached to the adoption application form). The costs of the medical assessments for the prospective adopters will need to be borne by the prospective adopters and they should be aware of this at the outset;
• The Agency Medical Advisors will complete the Medical assessment for each child or children. Other than for step-parent adoptions, prospective adopters are required to attach to the adoption application the Medical Assessments of the prospective the prospective adopters  Process is found here: Non-Agency - Children's Medicals - All Documents (sharepoint.com);
• Blank/electronic DBS forms to be completed during the visit;
• In the event that the applicant(s) have spent significant time abroad, the Agency should also consider overseas checks;
• Advise regarding ex partner checks (which must be carried out as per the ex partner check policy – see Assessment and Approvals of Prospective Adopters Procedure;
• Advise re school / nursery checks;
• Explore if they may be known to their Local Authority or ones they have lived in previously;
• Ensure contact details are received in relations to the non-resident parent/s  or donor or evidence of tracing;
• A blank Annex A form to be left with the prospective adopters for information about the areas covered in the assessment;
• A blank Application Form (A58) for ease of reference (NOTE: do not use this form for the actuall application to court. Download at time of application to court to ensure latest version is submitted. Courts will send out of date forms back. Apply for an adoption order: Form A58 - GOV.UK (www.gov.uk)

During this visit the Social Worker should gather as much information about the birth parents (and anyone else with PR) as is known to the prospective adopters. This should include any known contact information, personal details and last known addresses. There is onus on the family to trace these individuals and courts expect those with PR and birth parents are spoken to as part of the process. The assessment of the family should help them think about the effects of an adoption order on themselves, the child, and all members of the birth and adopting families. They should be able to describe to the Social Worker the full legal effects of the making of an adoption order and be able to explain why they prefer this order over all other options.

It will be necessary to ascertain whether the prospective adopter has informed the birth parent(s) (or other parent) of their intention. If they have not done so, the social worker will need to explain the contribution from the (other) birth parent(s) that will be needed, and discuss with the prospective adopter(s) whether they wish themselves to inform the birth parent(s) before the social worker makes contact with them.

The Social Worker may need to consider:

1. Using an interpreter – even where people have a reasonable fluency in English, their understanding of the legal options to enable them to care for a child may be limited, and their understanding of the lifelong impact on a child may be difficult to explore;
2. Note that it is the responsibility of the prospective adopter(s) to give the birth parent(s) address and their views on the proposed adoption to the social worker. This is most important as the social worker needs to contact the birth parent with or without parental responsibility, in order to verify their feelings and wishes regarding the adoption if reasonable or practical. Where this is proving challenging, we can use Tracesmart. TraceIQ - Complete consumer intelligence (tracesmart.co.uk).

Where we continue to be unable to reach the non-resident parents, upon the application to court, we can ask the court to order the Department of Work and Pensions to release contact details.  However, this is not a request the court accept with favour and it is better to not have to do this.

3. The social worker should explain to the prospective adopter(s) the need to provide as much detail as possible about the birth parents at the point of notification. Using the DWP and other investigative organisations to assist in locating birth parents, can be done once in the court arena but courts do no look upon such requests with favour;
4. Legal representation – where a family are not entitled to and cannot afford legal representation or advice it can be necessary to need legal advice. The Agency will seek this from CoramBAAF in the first instance, before consideration is given to approaching our legal team.

In addition, the Social Worker should:

5. See each prospective adopter and the child (if of the appropriate age) separately at least once, to ascertain wishes and feelings and any issue east once, to ascertain wishes and feelings and any issue;
6. See the child within the family and assess how well they are assimilated and relate to each of the prospective adopters. The child needs to know and have an understanding of their birth origins as well as to be aware of the implications of adoption. They should be seen alone if old enough (e.g. over 5 years) and it is important to note that even young children can understand the difference between a 'parenting' parent and a 'birth' parent. The agency should provide guidance and support to the adults involved to enable them to inform the child.

It is essential that the child's views are recorded and taken into account. Where a child has strong bonds with the absent parent, it is crucial that this matter is given careful consideration. In such cases, it may be that a package of Section 8 orders may be a more appropriate recommendation.

7. See other family members including children in the adoptive family/ birth family to ascertain their wishes and feelings;
8. Keep all communications and exchanges logged on the case file;
9. Review the DBS information as soon as it is received. If three are specified and or violent offences, that matter should be risk assessed.  Whilst specified offences may preclude one from adopting via the agency route (i.e. to adopt a child from care), this does not apply in the case of Non-agency Notification of Intentions and thefefore the Agency has a duty to risk assess and complete an Annex A;
10. Meet at least one of the three referees face to face and away from the family home;
11. Ensure the family information about how the child came to live with them is clear and backed up with evidence;
12. Meet with any birth parents or those with PR for the child who will lose it should an adoption order be granted. Any parent, guardian or special guardian of the child with PR will have to give consent to the adoption or have their consent dispensed with. (The latter will require the court to be satisfied that there is good reason to do this; that either the parent cannot be found, is incapable of giving consent or the welfare of the child requires for their consent to be dispensed with). Note: it is the role of the Reporting Officer (Family Procedure Rules r16.32) within the adoption proceedings and not the Local Authority to record parental consent in England and Wales, unless the Rules of the Court provide otherwise or otherwise directed;
13. Ensure any discussions with birth parents or family members clarify these people’s full understanding of the effects of adoption on the child.

Counselling the birth parents or anyone who has Parental Responsibility for the child is essential. The adoption memorandum - information for birth parents should be provided by the social worker and used as a basis for discussion. Written acknowledgement of the receipt of the memorandum should be signed by the birth parent and placed on file. The memorandum has no legal status and does not imply agreement. Similarly, anyone with parental responsibility and who has played a significant part in the child's life should be counselled and their legal rights explained fully. Reasons for not involving a birth parent or other person with Parental Responsibility should be recorded in detail on the file. Any birth parent not agreeing to the proposed adoption plan should be advised to engage a solicitor as soon as possible.

If the child does not know of their origins (particularly in partner adoptions) where the child believes their aunt and uncle say to be their birth parent, the applicant may be given support by the social worker in telling the child about their origins. In cases where parents obstruct attempts to disclaim the true position with the child, it may be necessary, once their application is made, to seek directions from the court.

The views and wishes of the wider family are also likely to be relevant and the social worker will need to consider whom it will be necessary to approach. This may be a matter of special significance if the child's non-resident birth parent is dead. Where there is contact between the child and grandparents it will be necessary for all the family members to consider how the making of an Adoption Order might affect their relationship.

2.3 Contact

Issues of any ongoing contact should be discussed fully with the child, the prospective adopter/s and the birth parent/s. Such arrangements may be made informally if all parties are in agreement. However, in the event of a dispute, it may be necessary to consider the recommendations of a Section 8 order to run alongside or independent to an Adoption Order.

2.4 References

The social worker, with the help of Business Support, must instigate the completion of the statutory re Our checks should be reasonable, proportionate and consistent to all families. This includes DBS- all members of the household over 17 must have a DBS. DBS need to be updated every three years. Under our data protection commitments we must not keep copies of DBS.

Local Authority Checks will also be carried out. Upon acceptance of the notice, Business Support are notified through mosaic to send Local Authority checks to all LA’s where applicants have lived.  These are recorded on the Statutory check workflow for each applicant

With regard to the Armed Forces, checks will not be carried out unless currently employed. Social worker may find it helpful to ask applicant if they have any record to share, particularly medical.

In terms of overseas checks, where an applicant has lived overseas, for a year or more, we will ask them to provide us with details so that we may obtain a reference from their Employer during that time. Where that is not possible we will ask for a reference from someone who knew them there. Where either of these are not an option we will consider carefully the need or an overseas police check.

We will seek ex partner references as appropriate.

Three written personal referees will also be requested. Good practice would be to undertake a reference for each adult in the household family. In terms of visiting referees, it is expected a minimum of 1 is visited, building up to 3 only where exceptionally required. Where the child is of school age a reference should be sought.

2.5 Health Reports

Except where the application is a partner one, the social worker should advise the prospective adopters of the need for them to provide medical reports on themselves and the child to accompany their adoption application. The social worker should also attempt to obtain medical information on the birth parents and a neo-natal report on the child if under 5 years old. The social worker should send all available medical information to the Medical Adviser for comment.

The applicants will be advised to arrange a health assessment with their GP and the child's GP, using the appropriate CoramBAAF health forms. The prospective adopters are responsible for the costs, and it should be noted that these health assessments are relatively expensive.

Three copies of reports, made not more than 3months earlier on the health of the child and of each applicant, must be attached to an application for adoption. The court will then return a full set of health reports to the adoption team in order that the adoption Medical Adviser can interpret the details and provide a medical summary for inclusion in the social work Annex A report (only where an application has been made prior to the assessment).

Form PH (Health information on the birth parents) should be completed by the birth parent(s) in conjunction with the social worker and returned to the adoption team, so that the Medical Advisor can assess this.

2.6 Assessment and Recording

A record of the counselling work must be noted fully on the adoption case file. The result /outcome of the statutory checks must also be recorded (not on the child's record, but on the record of the adult to whom they pertain). An assessment must be made as to the suitability of the applicants to adopt the child in order that a recommendation can be made to the court. It is important to refer to the Annex A requirements to ensure that full information is compiled.

Upon allocation to social worker and each supervision throughout, the seeking of legal advice must be considered (ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019).

Prospective applicants should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

2.7 Court Work and Preparation of Annex A Report

After 3 months has elapsed since the notice of intention to adopt was sent, the prospective adopter/s can fill in the adoption application forms, A58. Payment will also be required to be made to the court by the applicant. These should be completed in triplicate and submitted with the child's original / long birth certificate and the applicants' marriage or civil partnership certificate (if applicable). If the application is likely to be contested, then the social worker should liaise with the applicants' solicitor regarding the timing and submission of the application forms and reports. It is likely that the solicitor will deal with all application forms. Unless the court directs otherwise, the first directions hearing must be within 4 weeks beginning with the date on which the application is issued, when a timetable for filing of reports etc. will be set. Legal aid may be available is some cases, particularly if it is a complex situation. If the applicants are on income support the applicant can apply to the court to waive the court fee.

As far as possible, the Annex A should be submitted alongside the application to court. There will be limited circumstances where the application is made without the court report i.e. where directions from the court are sought.

This report, in non-agency adoptions, is exactly the same as that written in respect of agency adoption placements. The report must be prepared within the timescale fixed by the court. No extensions are likely to be given and any possible delay must be explained to the court at the earliest opportunity. Courts are content to accept Annex A reports where the DBS has not been received with a view to this additional information being provided to the court in a brief addendum report as soon as it is received by the agency. ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019 determines that Annex A reports must be read by the supervising Team manager and signed accordingly.

ZH v HS & others 2019 also refers to the sharing of the Annex A report with the applicant ONLY. This is purely for the purposes of factual correction. All content should be known to the applicant given their intention to adopt; they ought to have the fullest available information on the child/ren. If it is the view if the report writer that the report should have sections redacted prior to sharing, this should be worked through the report.

Three copies of the completed report must be sent to the court with a covering letter, though most reports are now emailed.

2.8 CAFCASS

In non-agency adoption proceedings the court will appoint a court reporting officer. This person will be independent of the court and all agencies. The role of the reporting officer is to gain consent from birth parent/s.   

Any consent executed outside of the UK is to be witnessed by a person authorised by law to administer an oath, a British consular officer or a notary public. 

In rare instances the reporting officer may appoint a solicitor for the child.

The social worker must attend court.

3. LA Foster Carer Application - Applying Without the Support of the LA

In this situation, foster carers who have had the child in placement with them for the past year can apply for an Adoption Order, once they have given 3 months notice of their intention to do so. This should be rare as all Foster Carers seeking to adopt a child in their care, should be subject to an agency adoption process. If necessary, consideration should be given to the foster carer's request to adopt the child, by bringing the matter to the Adoption Panel. Early advice should be sought from both the legal services section and the team manager / fostering and adoption, if a foster carer wishes to proceed with an adoption application.

However, occasionally there are carers who wish to adopt a child where there is no Placement Order e.g. a teenage child, and in those circumstances the non-agency route may be appropriate.

The record must be created within the child/ren's name/s. All other household members will be created (where they're not already known to us) but only checks in relation to those over 18 to be on their own file.

3.1 Referral

When the foster carer gives notice of their intention it will be viewed as the referral for adoption. This notification will be formally acknowledged by the Adoption Team Manager with lead over Non-Agency. The notice of intention to adopt must be given at least 3 months prior to an application for an Adoption Order. However, the applicant can apply for leave of the court to apply earlier.

The notice indicates the category of non-agency adoption and thus the work to be undertaken. On receipt of the notice, the lead manager will seek to allocate a social worker as soon as practical and in no more than 3 weeks from receipt. Professionals meeting(s) should also be held with the social worker for the child/ren, their manager and anyone else deemed appropriate.

The effect of a notice of intention to adopt is that restrictions are made on the child's removal from their home. The child may not be removed for 4 months beginning with the giving of the notice, except by leave of the court or by a local authority or an authorised person. These restrictions also apply after the application for an Adoption Order. The notice of intention to adopt expires after 2 years, if no application for an Adoption Order is made.

Prospective applicant/s should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

Advice is always given to applicants to take independent legal advice, though it is not always necessary to have a solicitor engaged for the whole process. There are times where if the matter is being contested by the non-resident parent, it may become necessary to engage a legal representative for the remainder of the process.

3.2 Counselling

Counselling should commence as soon as a social worker is appointed, so that sufficient time is allowed to consider the lifelong impact of adoption on the child and family. Where the application has been brought against the plans of the LA, this will require careful navigation. Alternative orders, such as Special Guardianship or Child Arrangements Orders should be discussed and considered by the family, as these may be more appropriate. The social worker should advise the family when they should make their application to court. The prospective adopter(s) should be clear that the social work involvement is important to the decision making regarding adoption and is not a means to the end result of an Adoption Order. The purpose of counselling is to ensure that the nature and implications of adoption are understood fully by the child, the prospective adopter(s) and the birth parent(s).

In counselling the prospective adopters, they should be made aware of the need to obtain personal details of their family/lies for inclusion in the Annex A report for the court. It is likely that foster carers will remember how their form F (prospective foster carer) report was completed and be used to the level of detail required.

Counselling issues will need to include a full discussion on the impact of adoption. The prospective adopters should be seen at home, both jointly and separately. The child should also be seen in the company of the applicants so that a view can be obtained regarding the 'family' relationships. Any other residents of the home should be interviewed and appropriate counselling provided.

Following counselling and where it is agreed to progress to an Annex A assessment, the social shall arrange a further visit. During this visit, the Social Worker will take with them the following;

• Blank medical adoption assessment forms (for each prospective adopter ) to be completed by GP (and attached to the adoption application form). The costs of the medical assessments for the prospective adopters will need to be borne by the prospective adopters and they should be aware of this at the outset;
• The Agency Medical Advisors will complete the Medical assessment for each child or children. Other than for step-parent adoptions, prospective adopters are required to attach to the adoption application the Medical Assessments of the prospective the prospective adopters  Process is found here: Non-Agency - Children's Medicals - All Documents (sharepoint.com);
• Blank/electronic DBS forms to be completed during the visit;
• In the event that the applicant(s) have spent significant time abroad, the Agency should also consider overseas checks;
• Advise regarding ex partner checks (which must be carried out as per the ex partner check policy – see Assessment and Approvals of Prospective Adopters Procedure;
• Advise re school / nursery checks;
• Explore if they may be known to their Local Authority or ones they have lived in previously;
• Ensure contact details are received in relations to the non-resident parent/s  or donor or evidence of tracing;
• A blank Annex A form to be left with the prospective adopters for information about the areas covered in the assessment;
• A blank Application Form (A58) for ease of reference (NOTE: do not use this form for the actuall application to court. Download at time of application to court to ensure latest version is submitted. Courts will send out of date forms back.Apply for an adoption order: Form A58 - GOV.UK (www.gov.uk).

During this visit the Social Worker should gather as much information about the birth parents (and anyone else with PR) though this is likely held by the child’s social worker. This should include any known contact information, personal details and last known addresses. The assessment of the family should help them think about the effects of an adoption order on themselves, the child, and all members of the birth and adopting families. They should be able to describe to the Social Worker the full legal effects of the making of an adoption order and be able to explain why they prefer this order over all other options.

If the birth parent is not already aware of the notification to adopt, the child’s social worker should be asked to inform them as appropriate.

The Social Worker may need to consider:

1. Using an interpreter – even where people have a reasonable fluency in English, their understanding of the legal options to enable them to care for a child may be limited, and their understanding of the lifelong impact on a child may be difficult to explore;
2. Where it is challenging to trace the birth parents, we can use Tracesmart. TraceIQ - Complete consumer intelligence (tracesmart.co.uk). Other investigative organisations to assist in locating birth parents, can be done once in the court arena but courts do no look upon such requests with favour;
3. Legal representation – where a family are not entitled to and cannot afford legal representation or advice it can be necessary to need legal advice. The Agency will seek this from CoramBAAF in the first instance, before consideration is given to approaching our legal team.

In addition, the Social Worker should:

4. See each prospective adopter and the child (if of the appropriate age) separately at least once, to ascertain wishes and feelings and any issue east once, to ascertain wishes and feelings and any issue;
5. See the child within the family and assess how well they are assimilated and relate to each of the prospective adopters. The child needs to know and have an understanding of their birth origins as well as to be aware of the implications of adoption. They should be seen alone if old enough (e.g. over 5 years) and it is important to note that even young children can understand the difference between a 'parenting' parent and a 'birth' parent. The agency should provide guidance and support to the adults involved to enable them to inform the child.

It is essential that the child's views are recorded and taken into account. Where a child has strong bonds with their birth parent/s, it is crucial that this matter is given careful consideration. In such cases, it may be that a package of Section 8 orders, a Special Guardianship Order, or a Child Arrangements Order may be a more appropriate recommendation.

6. See other family members including children in the adoptive family/ birth family to ascertain their wishes and feelings;
7. Keep all communications and exchanges logged on the case file;
8. Review the DBS information as soon as it is received. If three are specified and or violent offences, that matter should be risk assessed.  Whilst specified offences may preclude one from adopting via the agency route (i.e. to adopt a child from care), this does not apply in the case of Non-agency Notification of Intentions and thefefore the Agency has a duty to risk assess and complete an Annex A;
9. Meet referees face to face and away from the family home;
10. Ensure the family information about how the child came to live with them is clear and backed up with evidence;
11. Meet with any birth parents or those with PR for the child who will lose it. Any parent, guardian or special guardian of the child with PR will have to give consent to the adoption or have their consent dispensed with. (The latter will require the court to be satisfied that there is good reason to do this; that either the parent cannot be found, is incapable of giving consent or the welfare of the child requires for their consent to be dispensed with). Note: it is the role of the Reporting Officer (Family Procedure Rules r16.32) within the adoption proceedings and not the Local Authority to record parental consent in England and Wales, unless the Rules of the Court provide otherwise or otherwise directed;
12. Ensure any discussions with (other) birth parents or family members clarify these people’s full understanding of the effects of adoption on the child.

Counselling the birth parent/s or anyone who has parental responsibility for the child is essential. The adoption memorandum - information for birth parents should be provided by the social worker and used as a basis for discussion. Written acknowledgement of the receipt of the memorandum should be signed by the birth parent and placed on file. The memorandum has no legal status and does not imply agreement. Similarly, anyone with parental responsibility and who has played a significant part in the child's life should be counselled and their legal rights explained fully. Reasons for not involving a birth parent or other person with parental responsibility should be recorded in detail on the file.

Any birth parent not agreeing to the proposed adoption plan should be advised to engage a solicitor as soon as possible.

3.3 Contact

Issues of any ongoing contact should be discussed fully with the child, the prospective adopters and the birth parent(s). Such arrangements may be made informally if all parties are in agreement. However, in the event of a dispute, it may be necessary to consider the recommendations of a Section 8 order to run alongside or instead of the Adoption Order.

3.4 References

Our checks should be reasonable, proportionate and consistent to all families. This includes DBS- all members of the household over 17 must have a DBS. Everyone else may use the portal which we provide details of. DBS need to be updated every three years. Under our data protection commitments we must not keep copies of DBS.

Local Authority Checks will also be carried out. Upon acceptance of the notice, Business Support are notified through mosaic to send Local Authority checks to all LA’s where applicants have lived. These are recorded on the Statutory check workflow for each applicant

With regard to the Armed Forces, checks will not be carried out unless currently employed. Social workers may find it helpful to ask applicant if they have any record to share, particularly medical.

In terms of overseas checks, where an applicant has lived overseas, for a year or more, we will ask them to provide us with details so that we may obtain a reference from their Employer during that time.  Where that is not possible we will ask for a reference from someone who knew them there.  Where either of these are not an option we will consider carefully the need or an overseas police check.

We will seek ex partner references as appropriate.

Three written personal referees will also be requested. Good practice would be to undertake a reference for each adult in the household family. In terms of visiting referees, it is expected a minimum of 1 is visited, building up to 3 only where exceptionally required. Where the child is of nursery / school age a reference should be sought.

DBS costs are met by the agency.

The social worker with Business Support must instigate the completion of the statutory references on applicant/s, and any other member of the household over 17 years at an early stage in the counselling process. The written permission of the applicants and other household members is required for these checks to be undertaken.

3.5 Health Assessments

Health assessments are required in respect of the child and the prospective applicants. On receipt of the notification of intention to adopt, the lead adoption team for non- agency will acknowledge the receipt of the notification and request from the applicants the details of their GP and the child's GP and their permission to seek health information. The applicants will be advised to arrange a health assessment with their GP and the child's GP, using the appropriate CoramBAAF health forms. The prospective adopters are responsible for the costs, and it should be noted that these health assessments are relatively expensive.

Three copies of reports, made not more than 3months earlier on the health of the child and of each applicant, must be attached to an application for adoption. The court will then return a full set of health reports to the adoption team in order that the adoption Medical Adviser can interpret the details and provide a medical summary for inclusion in the social work Annex A report (where an application has been made prior to the assessment).

Form PH (Health information on the birth parents) should be completed by the birth parent(s) in conjunction with the social worker and returned to the adoption team, so that the Medical Advisor can assess this.

3.6 Assessment and Recording

A record of the counselling work must be noted fully on the adoption case file. The result /outcome of the statutory checks must also be recorded (not on the child's record, but on the record of the adult to whom they pertain). An assessment must be made as to the suitability of the applicants to adopt the child in order that a recommendation can be made to the court. It is important to refer to the Annex A requirements to ensure that full information is compiled.

Upon allocation to social worker and each supervision throughout, the seeking of legal advice must be considered (ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019).

Prospective applicants should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn.

3.7 Court Work and Preparation of Annex A Report

After 3 months has elapsed since the notice of intention to adopt was sent, the prospective adopter can fill in the adoption application forms (A58). These should be completed in triplicate and submitted with the child's original / long birth certificate and the applicants' marriage or civil partnership certificate (if applicable). Payment will also be required to be made to the court, payable by the applicant(s).

If the application is likely to be contested, then the social worker should liaise with the applicants' solicitor regarding the timing and submission of the application forms and reports. It is likely that the solicitor will deal with all application forms.

As far as possible, the Annex A should be submitted alongside the application to court. There will be limited circumstances where the application is made without the court report i.e. where directions from the court are sought.

This report, in non-agency adoptions, is exactly the same as that written in respect of agency adoption placements. The report must be prepared within the timescale fixed by the court. No extensions are likely to be given and any possible delay must be explained to the court at the earliest opportunity. Courts are content to accept Annex A reports where the DBS has not been received with a view to this additional information being provided to the court in a brief addendum report as soon as it is received by the agency. ZH v HS & others (Application to revoke Adoption Order: Procedure in Non-Agency Adoption Placement) 2019 determines that Annex A reports must be read by the supervising Team manager and signed accordingly.

ZH v HS & others 2019 also refers to the sharing of the Annex A report with the applicant ONLY. This is purely for the purposes of factual correction. All content should be known to the applicant given their intention to adopt; they ought to have the fullest possibly information on the child/ren. If it is the view if the report writer that the report should have sections redacted prior to sharing, this should be worked through the report.  

Three copies of the completed report must be sent to the court with a covering letter, though most reports are now emailed.

3.8 CAFCASS

In non-agency adoption proceedings the court will appoint a court reporting officer. This person will be independent of the court and all agencies. The role of the reporting officer is to gain consent from birth parent/s.

Any consent executed outside of the UK is to be witnessed by a person authorised by law to administer an oath, a British consular officer or a notary public.

In rare instances the reporting officer may appoint a solicitor for the child.

The social worker must attend court.