This chapter should be read in conjunction with the Early Permanence Placements Procedure and the Working with Birth Parent Relinquished Babies Procedure.
Section 1, Planning for Permanence was revised in February 2019 to reflect the updated list of considerations (as amended by Section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.The procedure was also amended to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's Status, etc. This follows the outcome of a judicial review ( EWHC 1041 (Admin)).
|1.1||Every Child Looked After must have a Permanence Plan by the date of their second Looked After Review (4 months). If this timescale is not met, the reasons for this must be recorded on the child's case record.|
When an Adoption Plan is being considered in relation to a Child Looked After, either as the preferred Care Plan or the Parallel Plan, consideration should be given to inviting a representative of the One Adoption Family Finding Service to the relevant meeting. It is important that all other alternatives for the child's future have been explored. This could include placement with the child's extended family or the making of a Child Arrangements Order or a Special Guardianship Order.
The term parallel planning refers to the possibility of agreeing an Adoption Plan whilst simultaneously exploring a fostering plan, rather than exploring these options one after the other. There are compelling pragmatic reasons for adopting dual planning in appropriate cases. In the first place it may shorten the period during which the child has to remain in limbo, a very important consideration particularly if the child is older or has already been in the care system too long.
The term can refer to a child who remains with their parents or is placed with temporary foster carers while a rehabilitation plan is implemented. At the same time an alternative plan for permanence is developed, which would usually involve a different set of carers, to ensure that it is available as soon as it is clear that rehabilitation is not going to be achieved.
Parallel planning can also refer to seeking adoptive and foster parents at the same time. In this case the Adoption Panel will recommend that the child should be placed for adoption while, at the same time, acknowledging that the fostering plan may be pursued.In broad terms, the first use of the term can be taken as referring to younger children than the second use of it. The first use implies potential rehabilitation; the second emphasises a clear pathway to permanence once rehabilitation is deemed unlikely. Common to both is the ambition to avoid delay and unnecessary disruption.
|1.3||Family finding should begin as soon as adoption is under consideration, and before the Agency Decision Maker decides that the child should be placed for adoption or a Placement Order is made.|
In the case of siblings, an early decision should be taken as to whether it is in the best interests of each child to be placed together or separately, and the impact on each child of that decision.The decision should be based on a balanced assessment of the individual needs of each child in the group, and the likely or possible consequences of each option on each child. Factors that need to be considered will include: the nature of the sibling group (do the siblings know each other/ how are they related); an analysis of each child's earlier experiences of abuse, trauma and neglect; the nature of the behaviour and relationship between the siblings; the health needs of each child; each child's view (noting that a child's views and perceptions will change over time) and a thorough understanding of the type and intensity of parenting that would be needed to parent the children together.
Since July 2014 there has been a duty (under s. 22C of the Children Act 1989 (amended by the Children and Families Act 2014)) imposed upon local authorities that where:
In October 2017, Section 9 of the Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002 added into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child, and now includes the child's relationship with any person who is a prospective adopter with whom the child is placed, as well as the relationships which the child has with their relatives and with any other persons the court or agency considers to be relevant.See Early Permanence Placements Procedure.
Since 1 September 2012, only children who are relinquished for adoption (and where there is no application for a Placement Order) will be presented to the Adoption Panel who will make a recommendation to the Agency Decision Maker regarding the child's suitability for adoption. This recommendation is then considered by the Agency Decision Maker who confirms their final decision regarding the appropriateness of the plan.
Children subject to care proceedings have their cases presented directly to the Agency Decision Maker for consideration regarding their suitability for adoption.
It is important that legal advice about parental consent and the option of seeking a placement order is obtained in good time and made available to the Adoption Panel and the Agency Decision Maker.
As soon as adoption becomes the permanence plan for the child (decided at the second statutory review) the child's social worker must book an Adoption Panel or Agency Decision Making time on the booking form via the One Adoption Panel admin inbox. Once received, Panel business support will then email a booking confirmation stating the agreed date and giving guidance about the paperwork required which will include:
The social worker must contact the One Adoption Panel administrator (in a case which is to be referred to the Adoption Panel, i.e. where the parents have given consent and there is no application for a Placement Order) via email using One Adoption Panel Admin inbox for a date to be arranged for presentation of the case to the Adoption Panel and must ensure that the child's medical is arranged in a timescale to allow it to be completed and written up for the Panel submission date. In cases which are to be referred directly to the Agency Decision Maker, a date must be arranged for presentation to the Agency Decision Maker and the same procedures apply. Adoption regulations require that a child has a pre-adoption health report which will be arranged by the child's social work team. Eight weeks' notice is required to complete the pre-adoption medical. The adoption medical or updated adoption medical must have been completed within 6 months of the SHOBPA ADM and within 6 months of the Panel Match.
The social worker must provide the following information before the medical appointment with the Agency Medical Adviser:
The child, their foster carer and the social worker should attend the adoption medical.
One Adoption will confirm the date for consideration by the Adoption Panel/Agency Decision Maker by email. The date is not confirmed until the email has been received.The date when the case will be considered by the Panel/Agency Decision Maker must be a maximum of 2 months from the date when the adoption plan was ratified at the child's Looked After Review. This ensures the regulations are met and the decisions about permanence for the child are made within 6 months of the child becoming Looked After. If this is not met, the reasons for this must be recorded in the child's case record.
|2.2||The child's social worker opens an Adoption Case Record for the child. Where the plan relates to a group of siblings, there must be a separate Adoption Case Record for each child.|
|2.3||If not already obtained, the child's social worker should obtain 2 certified copies of the child's full birth certificate. These will be required for future Court applications and for the prospective adopters.|
The child's social worker should give both birth parents the adoption memorandum and ask them to sign confirmation of receipt, a copy of which should be kept on the child's Adoption Case Record and a further copy should be handed to the parents.If either or both of the birth parents refuse to accept or do not receive the information, this should be recorded, with reasons, on the child's Adoption Case Record. Where the parents' address is known, the child's social worker should personally deliver or arrange for delivery by hand of a copy of the information to the address and record this on the Adoption Case Record. See also Section 4, Counselling, Support and Information Sharing for Birth Parents.
|2.5||If not already obtained, the child's social worker must seek the birth parents' consent to the disclosure of information on their medical history to facilitate the Adoption Medical for the child - for detailed procedures, see Section 5, Child's Adoption Medical.|
|2.6||The child's social worker must discuss with the parents their views on the adoption plan, and arrange the necessary counselling and support for both of the birth parents and any other significant relatives - see Section 4, Counselling, Support and Information Sharing for Birth Parents. If either or both of the parents decline or refuse counselling and/or support, then this should be recorded, including the reasons, in the child's electronic record and Adoption Case Record.|
|2.7||Where one or both of the birth parents cannot be found, the child's social worker must make extensive enquiries as to their whereabouts. The social worker should write to the parent's last known address and contact the Department for Work and Pensions other agencies (including the Council Tax Register, the Passport Office and the housing authority) as appropriate. Consideration should also be given to the need to place advertisements in the local and national press and legal advice should be sought as to any additional steps that should be taken.|
|2.8||The child's social worker must contact the child's health visitor or school health for current information in relation to the child's health and development.|
|2.9||The child's social worker must contact the child's school or the relevant local education service for current information in relation to the child's educational needs.|
|2.10||The child's social worker must ask the child's carer to complete a report on the child. Coram BAAF Form CRC – this will be submitted as part of the paperwork for the ADM decision.|
The child's social worker must ensure that the adoption plan addresses the issue of post-placement and post-adoption contact. This will include a possible meeting between the parents and the adopters, and whether there may be on-going direct contact or indirect contact via a letterbox system - see Section 6, Post-Placement Contact.If the child has siblings who are adopted, the social worker should contact the Family Finding Team Manager who will arrange for a letter to be sent to the adopters to advise them of the plan for permanence for the child. This will give the adopters time to consider their family circumstances, their child's needs in relation to possible contact arrangements and the opportunity to give relevant information about their child, which could be included in the Child's Permanence Report. The possibility of the adoptive parents being considered for the sibling will be addressed where appropriate.
|2.12||The child's social worker must also carry out an assessment of the likely needs for adoption support services in relation to the child (including the likely need for financial support), the birth parents and any other person with a significant relationship to the child. For the detailed procedures, see Adoption Support Procedure.|
Using all the information obtained in relation to the above, the child's social worker must prepare the Child's Permanence Report. The Child's Permanence Report (CPR) must be written by the social worker who knows the child best, who must also be a qualified social worker with suitable experience (see Adoption Panel Procedure). All sections of the report must be completed in full and the report must be read and its content agreed by the social worker's Team Manager who must sign off their agreement. When completing the CPR some parts, such as family details or planning for the children may be replicated: however, the child's own information (including Chronology) must be individualised. The CPR must be as comprehensive as possible as it has multi purpose usage e.g. It is used for matching purposes, it is the basis of initial information provided to prospective adopters, it can be used as the basis for an Annex A adoption record and it is likely to be the first information the child will read about themselves when older.
The following areas must be included or addressed in the report:
Presentation to the Adoption Panel
See paragraph 2.1 for circumstances when the case will be referred to the Adoption Panel, and when the case will be referred directly to the Agency Decision Maker. Where cases are referred directly to the Agency Decision Maker, paragraph 2.14 does not apply and the procedure is set out in Section 2.15, Referral directly to Agency Decision Maker.
This must take place within 6 weeks of the completion of the CPR.
To enable the Adoption Panel to consider whether the child is suitable to be placed for adoption, the child's social worker must present the following reports:
The child's social worker will send the relevant reports to the Panel Administrator at least 14 working days before the relevant date of the Adoption Panel.
The child's social worker together with their manager if appropriate will attend the Panel meeting during consideration of the matter. Where a Children's Guardian has been appointed, consideration should be given to inviting the Children's Guardian to the Panel during consideration of this item; however, there is no requirement upon the Panel to allow the children's guardian to attend the Panel and make oral submissions. The report of the Children's Guardian must not be disclosed without the leave of the court.
(N.B. Where the social worker is seeking a recommendation in relation to a proposed placement of the child with particular prospective adopters at the same time, the procedure set out in Section 8, Approval of Matching of Adoption Parents must also be followed).
The Panel will consider the written reports and any additional information presented verbally. The Panel will make a recommendation to the Agency Decision Maker. Where the Panel recommends that the child should be placed for adoption, it must consider and may give advice as to future contact arrangements for the child and whether an application for a Placement Order should be made.
The recommendation and advice will be recorded in writing, together with reasons, in the Panel's minutes. A copy of the relevant minutes must be held on the child's Adoption Case Record.
For cases which are presented to the Adoption Panel, the final minutes must be produced promptly and agreed by the Panel members and then sent to the Agency Decision Maker, together with the reports considered by the Panel, to allow the decision to be made within 7 working days of receipt of the Panel's recommendation and final set of Panel minutes.
The Agency Decision Maker must record their decision in writing, together with reasons.Where the Agency Decision Maker is minded to disagree with the Panel recommendation, they must first discuss the case with another senior officer with relevant experience, who must not be a Panel member. This discussion must be recorded and placed on the child's Adoption Case Record.
See paragraph 2.1 for circumstances when the case will be referred to the Adoption Panel, and when the case will be referred directly to the Agency Decision Maker.
Where cases are to be referred directly to the Agency Decision Maker for a decision, a time should be booked with the Panel Administrator for the decision to be made and this should be a maximum of 2 months from the date when the adoption plan was ratified at the child's Looked After Review. In order for the decision to be made within this timescale, the Agency Decision Maker should be sent the same reports and information as would be submitted to the Adoption Panel, as set out in Section 2.14, Presentation to the Adoption Panel.
The child's social worker will send the relevant reports to the Agency Adviser at least 14 working days before the relevant date booked with the Agency Decision Maker.
The Agency Adviser will be responsible for checking the quality of the reports before they are submitted to the Agency Decision Maker and will identify the additions/amendments and corrections that are needed to the reports. The social worker will attend the ADM meeting with their team manager where appropriate. The social worker will be required to summarise the key points of the case planning / clarify points raised by the ADM.
In making the decision the Agency Decision Maker may discuss the case with the Agency Adviser, Medical Adviser and legal adviser. However, there is no provision for adjourning the decision to allow time for taking advice. N.B. The Agency Decision Maker is expressly prohibited from referring a case to the Adoption Panel for advice.The principles of the decision-making should be as set out in Section 5, Agency Decision Maker of the Adoption Panel Procedure.
After the Decision
The birth parents will be informed orally of the agency's decision within 2 working days and written confirmation should be sent to them within 5 working days. These arrangements will be made by the One Adoption Panel Administrator in conjunction with the child's social worker.The letter setting out the agency decision will be sent to the social worker for delivery by hand to the birth parents. The child's social worker will also ensure that the child is informed of the decision in a timely and age-appropriate way.
|2.17||Where the Agency Decision Maker has made a decision to seek a Placement Order in relation to the child, the child's social worker should consult Legal Services in order to prepare the Court application. The child's social worker should inform the child's Independent Reviewing Officer (IRO) of the Court timetable including when the placement application is filed. N.B. Local authorities cannot make applications for Placement Orders until it has been decided by the Agency Decision Maker that the child should be placed for adoption.|
|2.18||Where there is parental consent to the child's adoptive placement and/or advance parental consent to the child's adoption, and the child is more than 6 weeks old, the child's social worker must arrange for a written request to be sent to CAFCASS to appoint an officer to witness the consent.|
The social worker should send to the CAFCASS office closest to the parents' address, a certified copy of the child's birth certificate, the name and address of the parent, a chronology of the actions and decisions made by the local authority and confirmation that the parents have received counselling and written information on the legal implications of giving consent to the placement/adoption.Where the child lives in Wales, the request should be forwarded to the Welsh National Assembly.
|2.20||On receipt of the parent's consent witnessed by the CAFCASS officer, the original must be placed on the child's Adoption Case Record (as it will be required for the future adoption application).|
The child's social worker will ensure that Life Story Work with the child continues with the aim as far as possible that:
As part of the above, the child will be given a Children's Guide to Adoption if appropriate, as soon as adoption is part of the child's Care Plan. Any information given to the child should be confirmed in writing and any discussions with the child should be fully recorded. An interpreter should be arranged where necessary to ensure that there is effective communication with the child.
The social worker should specifically ensure that the child's wishes in relation to adoption, religious and cultural upbringing and contact with their birth family are ascertained.Where a child's wishes are not acted upon, for example a child's wish to be placed with their siblings, this should be explained to the child, with reasons, and should be fully recorded.
|3.2||The Supervising Social Worker will support the foster carers in playing their part in the implementation of the plan.|
|3.3||Once an adoptive placement has been identified and approved, the child's social worker is responsible for ensuring the child is properly prepared for the first meeting with the prospective adoptive family and is appropriately counselled and supported during the period of introductions - see Section 9, Planning the Placement.|
|3.4||Where appropriate the child's social worker will encourage and assist the birth parents to write a 'Later Life' letter for the child, and to provide information to enable the social worker to write a 'Later Life' letter for the child.|
|4.1.1||Both parents must be offered counselling and support irrespective of whether they have Parental Responsibility unless there are exceptional circumstances, in which case legal advice should be taken and the reasons for not arranging counselling recorded.|
|4.1.2||It may also be appropriate for members of the extended family to receive counselling or support, where they have played a significant role in the child's life.|
|4.1.3||The child's social worker must explain to both parents (including a parent without Parental Responsibility) the reasons for the adoption plan and the key stages of the adoption process, including the likely time-scales and any contact arrangements; in addition the social worker should provide them with written information on the adoption process covering the areas set out in paragraph 4.1.8 a) to g), l) and m) below and this should be recorded (see Section 4.2, Procedural Fairness).|
If either or both of the birth parents refuse to accept or do not receive the written information, this should be recorded, including the reasons, on the child's case file and Adoption Case Record.Where the parents' address is known, the child's social worker should personally deliver or arrange for delivery by hand of a copy of the information to the address and record this on the Adoption Case Record.
|4.1.5||The child's social worker must also seek to ascertain the parent's views on the matters set out in Paragraph 4.1.8, h and k below and offer to arrange independent support for both birth parents (including unmarried fathers). The purpose of the support is to ensure that the alternatives to adoption have been explored and the implications of adoption fully discussed. It also offers the parents the opportunity to express their views in relation to the plans for the child, and to be involved in planning for the child's future wherever possible. Where the offer of support is accepted, the social worker should make the necessary arrangements for a referral for independent support to be made to an independent adoption support agency that offers birth parent counselling - PAC UK.|
|4.1.6||The support may need to be provided by a specialist worker, for example where the parent has poor mental health or learning disabilities. If so, the social worker should ensure that an appropriate resource is identified.|
|4.1.7||The specific needs of parents arising from their ethnicity must always be taken into account. An interpreter must be arranged where English is not their preferred language.|
The counselling and support will cover the following areas:
|4.1.9||The parents should be encouraged to seek legal advice particularly where they are opposed to the adoption plan. Where there is an unmarried father without Parental Responsibility, the social worker should also ascertain if he intends to apply for a Parental Responsibility or Child Arrangements Order.|
|4.1.10||The parents and their solicitors, if appropriate, must be sent copies of any written consents and/or recording of their views.|
|4.1.11||Where the parents refuse or decline to accept counselling and/or support, the child's social worker must record the attempts made to persuade the parents and the reasons for their refusal in the child's file and adoption case record. Efforts must be made to include the birth father in the counselling process, even though he may be a peripheral figure. The reasons for this are that the father may wish to have his views considered and may wish to apply for a Parental Responsibility Order, his consent to adoption will be required if he has Parental Responsibility. The child is also likely to require background family information on him and extended family members, including health information when older.|
|4.1.12||Where the parents are seeking to have an expected child adopted, the counselling must start before the baby's birth. In addition, the child's social worker must cover practical tasks such as the arrangements for the birth, the parents' own contact with the child after the birth, the intended length of the mother's hospital stay and their wishes regarding the timing of the placement. After the child's birth, the counselling and support must continue. The social worker should then confirm with the parents that they still wish to pursue adoption for the child (see Working with Birth Parent Relinquished Babies Procedure).|
|4.1.13||The social worker should arrange for photographs to be taken of the child and, if they agree, the parents and other significant people and places, for inclusion in the child's Life Story Book.|
Where the parents wish to conceal from members of their family the fact of the child's existence, the courts, generally have been reluctant to override a parent's determination for the extended family not to be informed but as with fathers without Parental Responsibility, agencies should avoid giving parents any understanding that the birth or the proposed adoption will be kept secret. Each case will have to be considered on its own facts.
The adoption agency / local authority must ensure that the birth parents are informed and advised of the key stages of the plan for adoption so that they have every opportunity to challenge the plan. The adoption agency/local authority must be clear as to when it needs leave of the court to place a child and when a placement can be made without leave of the court.
In a judicial review, (see  EWHC 1041 (Admin)) Placement for Adoption was confirmed as having 'significant legal and emotional impacts for all involved, and so the child, the parent and the prospective adopters. As such, it is an important step in the process leading to an adoption'. The judgement identifies that:
Therefore, as a matter of good practice, and especially where birth parents have indicated their opposition to an Adoption Order, the social worker should inform them in a timely way, and in writing, of their intention to proceed with the plan of placement for adoption (Note: where the child is already in placement and is being adopted by, for example a foster carer, the same notice should be sent in respect of changing the status from that of being a 'Looked After Placement', to that of being 'Placed for Adoption').
Practitioners must bear in mind that a court's determination of 'procedural fairness' will not be based on what appears to them to be a typical interpretation of 'the best interests of the child', but on the issues highlighted above (see para 26,  EWHC 1041 (Admin)).
'Justice must not only be done but be seen to be done', (para 44 in Re F (Placement Order)  2 FLR 550).
The adoption agency, or the courts, has the discretion whether to contact a father without Parental Responsibility where the mother does not want to disclose his identity. In exercising this discretion, an adoption agency should consider the nature of the child's relationship with the father and the nature and extent of the father's relationship with the child's mother and any siblings of the child. It must also consider whether it would be contrary to Article 8 of the European Convention for Human Rights to prevent disclosure of the birth of a child to the child's father. Article 8 guarantees respect for private and family life.
It is important that the agency makes it clear to the mother that disclosure is a matter for the agency's or court's discretion and therefore the agency must be careful not to give any undertakings as to whether or not the father will need to be notified of adoption proceedings.
If the father's identity cannot be established, the agency should seek legal advice. One option would be to seek a direction from the court on whether it is lawful to place the child for adoption without consulting the father. Another option, available only to local authorities, is to apply for a placement order where the local authority considers that the requirements for Section 31 of the 1989 Act are met.
Where the mother gives consent to placement for adoption, or advance consent to adoption, and subsequently marries the child's father, the father would acquire Parental Responsibility and thus become a parent within the meaning of the 1989 Act.
Where a pregnant woman approaches the agency and indicates that her intention is to relinquish the child for adoption, the agency should provide her with pre-birth counselling. This counselling should include explaining the options for the child's future care:
The mother should be given an explanation of the procedures for placing her child for adoption and the legal implications. This must include that her consent to her child's adoption will not be effective until 6 weeks after the child's birth. The agency should ascertain and record her wishes and feelings.
The agency should also provide pre-birth counselling and ascertain the wishes and feelings of the expected child's father. Where the agency knows the father's identity and is satisfied it is appropriate to do so, the agency should also counsel him and any other person the agency considers relevant to the child, and it should ascertain their wishes and feelings. AAR 14 should be followed, where it is reasonably practicable for the agency to do so.
The agency should consider the care options for the child, and where it considers that adoption is the preferred option it should:
|5.1||As soon as the adoption plan becomes part of the child's Care Plan, the child's social worker must follow their own agency's process to arrange a pre-adoption medical as outlined in paragraph 2.1 according to their local procedures, as 8 weeks notice is required. The Medical Adviser should be asked for advice on whether a full developmental medical is required and if so, who should conduct the medical and whether any tests or opinions are required. (In some cases, the Medical Adviser may consider that there is already sufficient up-to-date health information on the child and a further medical examination is not required).|
|5.2||The procedure needs to be started without delay so that the adoption medical can be arranged; the adoption medical must take place before the child's plan for adoption is considered at the Adoption Panel and/or by the Agency Decision Maker, (unless the Medical Adviser has advised it unnecessary - see paragraph 5.1). In cases which are presented to the Panel for consideration of whether the child should be placed for adoption (see paragraph 2.1), the Medical Adviser must be in a position to advise the Panel/Agency Decision Maker of the child's health needs.|
|5.3||The child's social worker must seek the cooperation of both birth parents to provide written consent to the disclosure of medical information if this has not already been provided, including obtaining their consent to the Medical Adviser approaching their GP if necessary, as well as obtaining their written consent to the obstetric report on the mother and neo-natal report on the child.|
|5.4||The importance of the disclosure of medical information must be explained to the parents but where the parents refuse to sign consent forms, the social worker must complete as much as possible on the relevant forms, record the attempts made to engage the parents and the reasons for refusal in the child's file and Adoption Case Record, and inform the Medical Adviser of the position.|
|5.5||In cases which are not presented to the Panel for consideration of whether the child should be placed for adoption (see paragraph 2.1) and expert reports have been filed with the court that are relevant to the child's health, consideration should be given to whether to seek a specific direction from the court allowing the report to be disclosed to the Medical Adviser for comment.|
|5.6||The foster carer and the child's social worker should attend the medical with the child.|
|5.7||The information on the child's medical report must be kept up to date if a placement is not immediately forthcoming. This must be done twice yearly for a child aged below 2 years and annually for a child of 2 years and above. The Medical Adviser may, however, make specific recommendations in relation to particular children.|
|5.8||Once the medical has been completed and returned to the social work team, a copy should be sent to the One Adoption Panel Administrator prior to attending Adoption Panel or the meeting with the Agency Decision Maker. This should be sent to the One Adoption panel admin inbox.|
|6.1||The child's social worker must undertake a written assessment as to the best interests of the child to support any contact proposals as part of an adoption plan, or reasons why no contact is recommended. This assessment will take account of the views of the child, the parents, the foster carers and any other significant family members, as well as evidence of attachment and the quality of relationships, based on observations of contact and the child's behaviour before, during and after contact.|
|6.2||Where there is a sibling group, each child must be assessed separately and together as a group.|
|6.3||The assessment should determine whether post-placement and post-adoption contact between the child and the parents and/or siblings would be in the child's best interests, and if so, what form it should take. The nature and frequency of contact will be influenced by the need to maintain attachments and/or long-term identity issues.|
Post-placement and post-adoption contact may take the following forms:
|6.5||Any proposed post-placement and post-adoption contact should be in line with any Court Orders.|
|6.6||Where post-placement and post-adoption contact is considered to be in the child's interests, it should be part of the information shared with prospective adoptive parents during the matching process - see Section 7, Identification of Adoptive Parents and also part of the planning of the placement - see Section 9, Planning the Placement.|
When making an Adoption Order, or at any time afterwards, the court may (upon application or on its own initiative) make an order for contact with, or an order prohibiting contact with, the person(s) named in the order. Such orders have effect until the child's 18th birthday, unless revoked sooner.
An order for contact requires the adopter to allow the child to visit, stay with or otherwise have contact with, the person named in the order.
The following people may be named in an order:
The adopters or the child may apply without the leave of the court, whilst any other person, including the child's birth parents and other birth relatives, e.g. grandparents or siblings, would need the court's leave to apply.
In deciding whether to grant leave to apply, the court must consider:
Orders may contain directions about how they are to take effect, or may be made subject to such conditions as the court thinks appropriate.
The court will issue a timetable and directions with the aim of resolving the application without delay.
Applications prohibiting contact are unlikely to be necessary in the majority of cases and are only likely to be appropriate to stop unwanted, unsolicited and potentially harmful contact with the child, or to prevent such contact happening.
The circumstances in which a birth parent, relative or other person are most likely to seek the court's leave to apply for an order for contact after adoption are where an agreement for some form of continuing contact had been made, but was not adhered to.Application can be made to the court to vary or revoke such orders, by the child, adopter or person named in the order.
See also Early Permanence Placements Procedure.
The adoption agency has a duty to identify prospective adopters as soon as reasonably practicable. Family finding should begin as soon as adoption is under consideration, and before the Agency Decision Maker decides that the child should be placed for adoption or a Placement Order is made.
In determining whether a prospective adopter may be suitable to adopt the child, an assessment must be made of the ability of the prospective adopter to meet the needs of the child throughout childhood.
Consideration must be given as to whether there are suitable carers available under the Early Permanence Placements Procedure.
The overall time-scale for matching a child with a prospective adoptive family is:
|7.1||The timing of the start of the family finding will depend on the legal position and should be agreed between the child's social worker and the Family Finder, but a profiling meeting and family finding plan will usually be made as early as possible and preferably before SHOBPA.|
The child's social worker and the Family Finder will address the following issues:
|7.3|| The family finder will consider whether there are any potentially suitable in-house approved families (including families going through the assessment process) by sharing the child's profile with the Recruitment and Assessment Service and through presentation of the child at the Regional Placement Group and reading copies of any available Prospective Adopter's Reports.
Where foster carers express an interest in adopting a child placed with them, see paragraph 7.9.
The family finder will provide the selected prospective adopters with full information on the child, including the CPR, the child's profile, a full description of the birth family including any siblings and the reasons for any decision to place the child separately, the child's medical history (including the birth details), the carer's report on the child, the current school reports and the child's PEP. The items provided should be clearly recorded and the prospective adopters should be asked to sign confirmation of receipt of this information.A joint visit will be undertaken to the selected family by the child's social worker, Family Finder and adopters' social worker to explore the link in detail. Following this visit a formal discussion needs to take place to decide whether the match should proceed and to record the decision making process.
Ethnicity must not be placed above everything else when identifying potential adopters for children.
It is unacceptable for a child to be denied adoptive parents solely on the grounds that the child and prospective adopter do not share the same racial or cultural background.
If a prospective adopter can meet most of the child's needs, but, for example they do not share the child's racial or cultural background, the core issue is what qualities, experiences and attributes the prospective adopter can draw on and their level of understanding of the discrimination and racism the child may be confronted with when growing up, at both an individual and institutional level. A prospective adopter can be matched with a child with whom they do not share the same ethnicity, if they can respect, reflect or actively develop a child's racial identity from the point they are matched and as they develop throughout their childhood. The prospective adopter needs to demonstrate that they fully understand that having a child from a different ethnic group will present a number of challenges, not least that there may be visible differences that can affect a child's self-esteem and increase their possible feelings of difference. For example, the child may have to deal with questions from their peers about why they are 'different' to their family.
With effect from July 2014, by virtue of the Children and Families Act 2014, adoption agencies no longer have to give due consideration to a child's religious persuasion, racial origin and cultural and linguistic background when matching a child and prospective adopters.
When a child has developed a sense of their culture or religion, and where they have already begun to speak a language other than English, it is important to find prospective adopters who, while not necessarily sharing any of these, are willing and able to help the child develop these important elements of their future identity.Where a child is very young, particularly when still in infancy, it is important not to make assumptions about religion, culture or language and these should not be imposed on a very young child. A sense of one's culture is developed over time and it should not be assumed that an infant possesses a cultural, linguistic or religious background. These issues can be explored with the child as they grow up and a sensitive prospective adopter will encourage the child, if they wish to do so, to probe these aspects of their birth parents' background. All prospective adopters should help children placed with them to understand and appreciate their background and, particularly in the case of older children, their religion, linguistic or cultural background, for example, celebrating cultural or religious festivals. Prospective adopters should be able to access support, education and training to strengthen their skills together with their knowledge and understanding of the child's birth heritage, to help the child develop a healthy racial and adoptive identity.
|7.7||The Family Finder should also arrange to meet the prospective adopters, with the child's social worker (and carer if appropriate), to give any further information to them and ensure they have a clear picture of the child and understand fully the implications of the information they have received. In all cases, the prospective adopters should have the opportunity to meet the Medical Adviser and any other key people involved with the child.|
|7.8||If there are no suitable in-house prospective or approved adoptive carers who can meet the child's identified essential needs, the social worker must explore inter-agency options in conjunction with the social worker.|
Where foster carers express an interest in adopting a child they are looking after, and there is an adoption plan for the child they should discuss their interest with their supervising social worker and the child's family finder (if involved) and then complete and expression of interest form as set out in the Assessment and Approval of Prospective Adopters Procedure. There will be an initial Home Visit by an adoption social worker with the child's social worker to talk to them about the implications of adoption. Following this visit there will be a meeting involving the child's social worker, their line manager and the foster carers' supervising social worker (with their line manager where appropriate). The chair of the meeting will be the Adoption Team Manager or their nominee. If the outcome of the meeting is that the foster carers appear to be able to meet the child's essential needs, the case will be allocated for an assessment of the foster carers as adopters to proceed (see Assessment and Approval of Adoptive Parents Procedure).
If they are approved as adopters, the requirements set out in Section 8, Approval of Matching of Adoptive Parents as to the approval of the matching and in Section 10, The Placement as to the provision of information and notification of the placement must be followed.
If the outcome of the meeting is that the foster carers are not able to meet the child's essential needs, the recruitment of adopters as set out in the preceding and following Paragraphs of this chapter will apply. The foster carers' supervising social worker will provide support and counselling to the foster carers as appropriate.If the foster carers decide to proceed with an application to adopt the child without the agreement of the agency, the Non-Agency Adoption Procedure will apply.
Inter Agency Placements
The Family Finding Team Manager will ensure that consideration is given to all options for placement which will include referrals to the other RAAs, The VAAs, Adoption Match, Linkmaker and the full range of local and national profiling and Exchange Day events. Consideration will also be given to other forms of family finding publicity in the specialist or wider press according to the identified needs of the child. If legal proceedings are on-going and the child is subject to an interim care order, referral to Adoption Match can be made provided the necessary consents and the court's agreement have been obtained.Where it is considered that a placement of the child with overseas adopters would be appropriate, see Section 12, Adoptive Placements Abroad.
here an external search for interagency adopters has been authorised, the social worker in conjunction with the family finder will undertake the following:
|7.12||Other members of the Adoption Service as well as the child's social worker should be made aware of the dates of the publicity and a response to callers should be agreed.|
Responses from families not yet approved should be dealt with as follows:
Responses from already approved families should be dealt with as follows:
The procedure outlined in paragraphs 7.4 to 7.8 will then be followed and the child's social worker and family finder will visit potential families prior to a Matching Meeting being held.
Once a suitable match has been identified, (whether with in-house approved adopters, inter agency or a foster carer approved as an adopter), the child's social worker, prospective adopters' social worker and the family finder should prepare an Adoption Placement Report and a proposed Adoption Support Plan giving details of the family recommended, evaluating how this family can meet most of the child's needs and setting out the proposed adoption support services to be offered to the child, adoptive family and birth family - see Adoption Support Services.The Adoption Placement Report must be written by a qualified social worker with suitable experience (see Adoption Panel Procedure) and must include the prospective adopter's views on the proposed placement, contact arrangements (including meeting with the birth parents), adoption support and any proposed restrictions on their exercise of Parental Responsibility after the placement.
|7.16||The child's social worker and the prospective adopters' social worker and their respective managers should sign both documents.|
|7.17||The social worker should also contact the Panel Administrator to arrange a date for the Adoption Panel to consider the proposed placement.|
|7.18||The child's social worker will keep the parents and child informed of progress (unless the parent has stated that they do not wish to be kept informed).|
|7.19||The social worker or prospective adopter's social worker should provide a copy of the Adoption Placement Report to the prospective adopters and give 10 working days to them to submit any written comments on its contents.|
The overall time-scale for matching a child with a prospective adoptive family is:
Presentation to the Adoption Panel
The Social Worker must present the following reports to the Adoption Panel:
|8.2||The Social Worker will send the relevant reports to the Panel Administrator at least 14 working days before the date of the Adoption Panel.|
|8.3||The Panel Administrator will arrange for all relevant previous Panel minutes to be circulated to Panel members, with the reports. Where there is a proposed inter-agency placement, the social worker will obtain the relevant Panel minutes for circulation from the approving agency. Any other paperwork relevant to the match should also be circulated e.g. an annual review of the adopters.|
|8.4||The child's social worker and the prospective adopters' social worker will attend the Adoption Panel during consideration of the matter. The prospective adopters will also be invited to attend.|
|8.5||The Adoption Panel's recommendation as to whether the child should be placed for adoption with the particular prospective adopters will be recorded in writing, together with reasons, in the Panel's minutes. The Panel must also consider and may give advice in relation to the proposed adoption support, the proposed arrangements for contact and any proposed restrictions on the exercise of Parental Responsibility by the prospective adopters and/or the birth parents. A copy of the relevant minute must be placed on the child's and the prospective adopters' Adoption Case Records.|
|8.6||The prospective adopters' social worker will convey the Panel's recommendation orally to the prospective adopters within 48 hours, unless they have attended panel, in which case they will be informed by the panel chair at the time.|
After the panel has considered the reports and made a written recommendation, the final set of minutes and reports considered by the panel will be sent to the Agency Decision Maker who will make a decision within 7 working days of receiving the final minutes. The prospective adopters will be notified of the decision orally within 2 working days and in writing within 5 working days. In urgent cases this timescale should be reduced accordingly. The decision will be recorded in writing.
If the Panel has given advice in relation to adoption support, proposed contact and/or the exercise of Parental Responsibility by the prospective adopters and/or the birth parents, the Agency Decision Maker may express a view on such advice.Where the Agency Decision Maker is minded to disagree with the Panel recommendation, they must first discuss the case with another senior officer with relevant experience, who must not be a Panel member. This discussion must be recorded and placed on the child's and the prospective adopter's Adoption Case Record.
|8.8||The child's social worker will convey the decision orally to the birth parents within two working days and in writing within 5 working days.|
|8.9||The prospective adopters' social worker will convey the decision orally to the prospective adopters within 2 working days and in writing within 5 days.|
|8.10||The Panel Administrator will prepare written notification of the decision to be signed by the Agency Decision Maker and once signed, sent to the child's social worker for sending by recorded or hand delivery to the parents within 5 working days.|
|8.11||The Panel Administrator will send the written notification, signed by the Agency Decision Maker, to the prospective adopters within 5 working days. Copies of this letter will also be sent to the child's social worker.|
|9.1||Once the matching has been approved and the legal position allows it, the Social Worker and Adoption Social Worker will convene a Placement Planning Meeting to draw up an Adoption Placement Plan, confirming the details of the introductions, placement and post-placement work. The Adoption Team Manager or their nominee will chair the meeting. This should take place at a venue accessible to all parties e.g. an office.|
|9.2||For inter agency placements, a separate consideration will also be required, involving the Adoption Team Manager or their nominee, to complete CoramBAAF Form IA which details the contract between the agencies and the adoptive family in relation to the placement. This can be agreed by telephone and signed using email or post.|
The purpose of the first Placement Planning Meeting is to draw up a proposed Adoption Placement Plan. The Adoption Placement Plan should include:
|9.4||The Adoption Placement Plan will also address when the prospective adopters will be supplied with all relevant written information about the child and who will provide it (for a full list of information to be supplied - see Section 10, The Placement).|
|9.5||The child's social worker must ascertain the child's views and report these to the meetings.|
|9.6||Those attending Placement Planning Meetings will be the child's social worker, their manager as appropriate, the foster carers, the foster carers' supervising social worker, the family finder, the prospective adopters and their social worker, and any other worker engaged in direct work with the child.|
|9.7||The child's first meeting with the prospective adopters should be on the child's familiar territory (unless the child is older and requests otherwise) and a social worker should be present. The pattern of introductory visits thereafter will depend on the child's age, needs and stage of development but consideration will be given to a gradual introductory programme involving visits increasing in length, progressing to an overnight stay, a weekend stay (as appropriate) and in exceptional circumstances with an older child, a longer period prior to the final move.|
The social worker and adoption social worker will be responsible for coordinating Placement Planning Meetings. However, all workers involved must be clear about their respective roles and responsibilities in the implementation of the plan, and what should happen in the event of difficulties. Changes to the Adoption Placement Plan can only be made with the agreement of CSDM or the Chair of the meeting and must be notified to the prospective adopters in writing.The child's social worker is expected to be in regular and frequent contact with the child, foster carer and prospective adopter during the period of the introductions and all involved share information with each other on a regular basis, at the frequency identified at the Placement Planning Meetings. The Adoption Placement Plan will then be reviewed at an agreed date. The Plan will identify the named workers and when they will have contact with the child.
|9.9||The child's social worker will advise the birth parents of the plan whilst maintaining the confidentiality of the placement (unless the parent has stated that they do not wish to be kept informed).|
At the mid-point of the introductions, a second Placement Planning Meeting will be held, at which the following areas will be addressed:
|9.11||A further meeting can be called by the chair if any of the parties feel issues of concern arise and the chair believes that they are best addressed by a further meeting.|
|9.12||All Placement Planning Meetings should have the same people invited and take place at a venue accessible to all parties.|
|9.13||A copy of the final Adoption Placement Plan, signed by the child's social worker, should be given to the prospective adopters, their social worker and the child's Independent Reviewing Officer. The prospective adopters must confirm in writing that they wish the placement to proceed. A copy must be retained on the child's Adoption Case Record.|
|9.14||Where contact is part of the adoption plan, the proposals must be drawn up in written agreements to be signed by the birth parents and the prospective adoptive parents. The agreements must specify the form and timing of the contact and the arrangements for putting the contact in place. All parties must sign and retain copies of the agreement. The parent's copy should not reveal any identifying information about the placement. See also Section 6, Post-placement Contact.|
|9.15||If the Adoption Placement Plan is varied or terminated, the child must be informed in a timely and age appropriate way.|
|9.16||Where the Adoption Placement Plan is terminated, the birth parents must be informed (unless the parent has stated that they do not wish to be kept informed).|
|9.17||If the Adoption Placement Plan is terminated, the Adoption Team Manager should consider the best way to conduct a disruption review - see Disruption of Adoptive Placement.|
|9.18||In the event of the placement's termination a Disruption Review must be held. Direct work will be undertaken with the child to make sense of the reasons why the placement broke down and to prepare the child for any future placement.|
|9.19||In this event, the child's social worker and family finder must re-start the process of identifying a suitable prospective adoptive family or amend the plan for the child (depending on the outcome of the Disruption Review) and prepare an update report for panel.|
|10.1||Once the matching of the child has been approved, the adoption agency has authority to place the child (either through a Placement Order or Parental Consent), the plan of introductions has been successfully completed and the Adoption Placement Plan has been completed and signed by all parties, the placement can go ahead. A social worker will be present only in exceptional circumstances when the placement takes place.|
Prior to the placement, the child's social worker must ensure that all the following information/items have been provided to the prospective adopters:
|10.3||Prior to the placement, notification must be sent by adoption administration to the present and new GP, the local authority where the adoptive family live, the relevant Clinical Commissioning Group and, if the child is at nursery or of school age, the relevant local education authority (with information about the child's education history and whether the child has special needs). These notifications are still required where the prospective adopters were previously the child's foster carers.|
|10.4||Prior to the placement, the Medical Adviser should be requested to send a medical report on the child to the child's new GP and, in appropriate cases, to meet the adopters to discuss medical issues.|
|10.5||Where the child's foster carers are the prospective adopters, the adoption service must confirm in writing to them the date from which the placement becomes an adoptive placement.|
|10.6||The child's social worker must inform the birth parents of the date of the placement, unless the parents have stated that they do not wish to be kept informed. No identifying information about the placement should be conveyed to birth parents or relatives (see Section 4.2, Procedural Fairness).|
|10.7||The child's social worker should ensure the date of the placement is recorded, so that the records identifies that the child is placed for adoption but does not show the placement address.|
|10.8||The social worker will inform the relevant finance officer where the Adoption Support Plan includes financial support so that payments can start.|
|11.1||The child will be the subject of regular Adoption Reviews, chaired by an Independent Reviewing Officer.|
|11.2||In all cases, where a child has been approved for adoption but not placed within 6 months, the child's social worker must present a further report to the Adoption Panel or the Agency Decision Maker (dependent on where the child's initial plan for adoption was recommended) identifying the length of the delay, the reasons and the steps being taken to address any difficulties, including consideration of a review of the adoption plan and/or a possible change to long-term fostering/separation of siblings.|
|11.3||The Adoption Panel or Agency Decision Maker may request an earlier progress report on an individual case when first considering the child.|
|11.4||The outcome of any reviews by the Adoption Panel or Agency Decision Maker should be notified to the child (if old enough), the birth parents (in appropriate cases) and any other relevant person.|
The child's details should be passed to Adoption Match (previously the Adoption Register) by One Adoption at SHOBPA and if no locally identified match is being actively pursued immediately after the decision by the Agency Decision Maker (Adoption) that the child should be placed for adoption, and, in any event, at the latest by 3 months.
Where an adoptive placement outside the UK appears to be a viable option, and consultation with the child (if old enough) supports this, the proposal must be considered at a child's Looked After Review before becoming part of the child's Care Plan.
The child may be considered for an adoptive placement with known prospective adopters in which case it will be for the adoption agency to satisfy itself that the prospective adopters are suitable to adopt the child. Otherwise, the child may be referred to the Department for Education (DfE) for a suitable linking to be identified, (see below).
In either circumstance, the case must be referred to the Agency Decision Maker or Adoption Panel in accordance with Section 1, Planning for Permanence seeking a formal recommendation that adoption outside the UK is in the best interests of the child. The Child's Permanence Report must include an assessment of the possibility of placing the child for adoption in the British Isles and consideration of whether adoption of the child by a person in a particular country would be in the best interests of the child.
The Agency Decision Maker must consider the recommendation and decide whether the child should be placed for adoption overseas. The notification to the child (if old enough) and the parents must include an explanation of the placement possibilities in the British Isles and abroad.
Where a decision is made to pursue the option of placement overseas, the child's social worker should consult with Legal Services about the legal process.
Where such a decision is made to place the child overseas, the child's social worker must notify the DfE of the following:
The DfE maintains a list of children waiting for inter country adoption.
If a decision is made after the child's name is placed on the list that an overseas adoptive placement is no longer appropriate, the child's social worker must inform the DfE so that the child's details are removed from the list.
Where the DfE receive an application from a foreign country, it will check that the prospective adopters have been assessed as eligible and suitable, and that they meet the age requirement of the UK law, and if so, consider whether there are children of the age and gender to match the prospective adopters' approval.
Where there are children on the list who appear, on the face of it, to match the prospective adopters, the DfE will send the relevant papers on the prospective adopters to the local authority looking after the child.
Upon receipt of the papers, the child's social worker in conjunction with the Adoption Service will consider whether the prospective adopters would meet the child's needs. Where necessary, additional information should be requested from the overseas authority via the DfE.
Where it is decided that the prospective adopters are not suitable, the DfE should be notified and the papers returned.
Where it is decided that the prospective adopters are suitable, the DfE should be notified and the proposed match referred to the Adoption Panel for consideration in accordance with the usual procedure. Included in the papers to be presented to the Panel must be the report on the prospective adopters by the foreign authority.
The child's social worker must notify the DfE of the decision made.
Where the decision is to proceed with the placement, the child's social worker must send the Child's Permanence Report, together with any Placement Order and a recent photograph of the child, to the DfE for onward transmission to the overseas authority and the prospective adopters.
Where the prospective adopters decide to go ahead with the placement, they will be required to travel to meet the child.
The matching procedures will then apply as for any other potential placement.
Placement Planning Meetings should be convened in accordance with the usual procedure (see Section 9, Planning the Placement) to plan the prospective adopters' first meeting with the child, introductions and where the placement goes ahead, regular reports should be required from the relevant overseas authority after the placement.
If the prospective adopters still wish to go ahead and the Placement Planning Meeting confirms that the placement meets the child's needs, the child's social worker must inform the DfE, who will contact the overseas authority to confirm that they are content for the placement to go ahead and that the child will be permitted to enter and reside permanently. In these circumstances, the DfE will enter the necessary agreement with the overseas authority.
The child's social worker can then arrange for the placement to go ahead.
The prospective adopters will need to seek independent legal advice about the need to apply for a Convention Adoption Order in the UK (which will require the child to be with the adopters for at least 6 months prior to the application) or a Section 84 Order from the High Court granting them Parental Responsibility to take the child outside the UK for the purposes of adoption (which will require the child to be with the adopters for at least 10 weeks prior to the application). In either case, the Court will require a social worker's report.
The prospective adopters will need to arrange for the foreign authority to monitor the placement as required by the Placement Planning Meeting.
It will be for the adoption agency to satisfy itself that the prospective adopters are suitable to adopt the child. The assessment should usually be carried out in the prospective adopters' country and then sent to the adoption agency in the same way as for any other prospective adopter.
The matching procedures will then apply as for any other potential placement.
Placement Planning Meetings should be convened in accordance with the usual placement procedures (see Section 9, Planning the Placement) to plan the prospective adopters' first meeting with the child, introductions and where the placement goes ahead, regular reports should be required from the relevant overseas authority after the placement.
The prospective adopters will need to seek independent legal advice about the need to apply for a Section 84 Order from the High Court granting them Parental Responsibility to take the child outside the UK for the purposes of adoption (which will require the child to be with the adopters for at least 10 weeks prior to the application). Where such an application is made, the Court will require a social worker's report.
The child's social worker will need to arrange for the foreign authority to monitor the placement as required by the Placement Planning Meeting.