6.1.8 Foster Carers Who Wish to Adopt

Introduction
Adoption and Other Permanency Routes
Foster Carers Making a Direct Application to Court
Foster Carers Seeking to be Approved as Adopters for a Child for Whom They are Caring
Financial Support in Adoption
Where a Foster Carer Wishes to Adopt a Child Where the Current Plan for the Child is not Adoption

Appendix 1: Viability Assessment

1. Introduction

This procedure and guidance document identifies a number of situations where a child’s current foster carers may express an interest in adopting the child for whom they are caring:

When the child is placed with the foster carers under a long term fostering arrangement but the carers (and child) wish to show their long term commitment by adopting the child;
Where the child is placed with short term carers and the local authority plan is for adoption but where a Placement Order is yet to be made;
Where the child is placed short term and is subject to a Placement Order.

2. Adoption and Other Permanency Routes

It is important to recognise the differences between different forms of permanence when discussing the options open to them.

The key differences between different options are set out below:

Long Term Fostering

If children are long term fostered the foster carers never acquire Parental Responsibility (Parental Responsibility is usually shared between birth parents and the local authority if the child is on a Care Order or where the child is Looked After under Section 20 exclusively by the birth parents). As a Looked After child, the child will be regularly reviewed. As foster carers, the foster carers are regularly reviewed. There are statutory visits by social work staff to both the child and foster carers. The local authority has a duty to promote contact with birth families. Birth parents must be consulted about major decisions affecting the child’s life. Carers are paid an allowance to care for the children they look after.

Child subject to Child Arrangements Order

A Child Arrangements Order grants Parental Responsibility to the holder of the Child Arrangements Order but does not remove Parental Responsibility from birth parents. The Child Arrangements Order determines who the child is going to live with but not where the child will live. Once the Child Arrangements Order is discharged, Parental Responsibility is returned to the birth parents. Birth parents may apply for the discharge of a Child Arrangements Order at any time. There is no statutory involvement once a Child Arrangements Order is made. There are some restrictions on the holders of Child Arrangements Order. The holder cannot agree to the child changing his/her name. The child is not entitled to leaving care services unless he/she was Looked After at age 16. The carers may be entitled to financial support.

Child subject to Special Guardianship Order

A Special Guardianship Order lasts until the child is 18. Like a Child Arrangements Order, Parental Responsibility is shared between birth parents and the holders of Special Guardianship Orders. However, a Special Guardianship Order has more legal security in the sense that birth parents can only apply for the discharge of a Special Guardianship Order with the consent of the court. Holders of Special Guardianship Orders have slightly more leeway e.g. they can consent to the child leaving the country for 3 months whereas with a Child Arrangements Order they can only agree to the child leaving the country for a month without the consent of the court. Children who are subject to special guardianship are entitled to a leaving care service. At the time of the making of a Special Guardianship Order, the local authority are required to detail any special guardianship support package that they will be offering to the holders of the order. The carers may also be entitled to an allowance.

Child subject to an Adoption Order

An Adoption Order made removes Parental Responsibility from the birth parent and invests Parental Responsibility with the adopters. An Adoption Order is irrevocable. Prior to the adoption, the local authority have to put in place a post adoption support plan detailing the support they will offer to the adopters, child and birth parents (including other birth relatives). An Adoption Order has implications for birth children of the adopters as adopted children have the same inheritance rights as birth children. There are no restrictions on how adopters exercise their Parental Responsibility. Under certain circumstances adopters may receive financial support.

In considering the most appropriate route to permanence, staff need to consider which order best meets the identified needs of the child not just immediately but into adulthood.

In considering the more appropriate order social work staff should consider:

The likely need for ongoing social work support and the value of a Care Order in ‘protecting’ a child;
The proposed level of contact with the birth family once the order is made and the complications/risks this may pose now and in the future;
Critically, the effect of the order when the child reaches the age of 18.

There are of course many other factors to consider.

This policy and procedure deals only with foster carers (LA and IFA) who wish to adopt. In these circumstances two options are open to the carers:
Making a direct application to the court;
Seeking to be approved as adopters by the local authority and the child being placed with them for adoption.

3. Foster Carers Making a Direct Application to Court

This is a relatively rare occurrence and if any child has been living with foster carers for a year or more the foster carer may make an application to court for an Adoption Order. Critically this is described as a ‘non agency adoption’. The implications of this are that the foster carers will not be entitled to any form of financial assistance nor will an Adoption Support Plan necessarily be in place.

If foster carers go down this route, as they are entitled to do, the child’s social worker in conjunction with the fostering team social worker is required to complete a suitability report (Appendix 1: Viability Assessment). This report analyses the strengths and weaknesses of the application.

In completing the suitability report, the child’s social worker will consult with his/her team manager, the child’s Independent Reviewing Officer, birth parents and others determining what the recommendation of the service is in respect of the application.

The local authority would not naturally encourage foster carers down this route and factors such as financial support and post adoption support must be carefully balanced by social work staff when discussing options with the foster carers. Advice may also be sought from the appropriate Children’s Services Manager.

It is important to note that if foster carers apply to the court for an Adoption Order, the child may not be removed from them without the permission of the court.

4. Foster Carers Seeking to be Approved as Adopters for a Child for Whom They are Caring

From time to time foster carers may express an interest in adopting a child for whom they are caring. The local authority would encourage early expressions of interest to ensure timeliness for children in securing their permanency.

If a foster carer expressed an interest in adopting a child for whom they are caring, they should notify their Supervising Social Worker and/or the child’s Social Worker who will consult with the relevant team managers. A meeting will take place within 2 weeks of an interest being expressed, attended by the foster carer, child’s Social Worker, Fostering Social Worker and Adoption Social Worker and Adoption/Foster manager. A decision is then taken regarding progressing to a viability assessment. If agreed, a viability report will be undertaken. This will be a joint report written between the child’s social worker, the fostering social worker, and a member of the adoption recruitment and assessment team.

Unless there are exceptional circumstances, all three will visit the foster carers and the report should be an agreed report highlighting the advantages and disadvantages of the proposed placement. Any areas of disagreement should be identified.

The information collected will vary according to the individual circumstances but should reflect the parenting capacity of the Assessment Framework and include information on:

The age and health of the foster carers and their ability to offer care until adulthood and beyond;
Their understanding of the lifelong nature of adoption;
Their understanding of the difference between fostering and adoption.
The views of other family members particularly birth children of the foster carers, prospective grandparents etc;
The likely view of the child’s birth family;
The views of the child;
Risks associated with the proposed placement e.g. birth family knowing where the foster carers live etc;
The length of time the child has been with the foster carers and their level of attachment to them;
The foster carer’s ability to work with professionals;
The likelihood of identifying alternative adopters;
The support networks available to the family and proposals regarding testimentary guardians;
The support that will be available to the family including financial support;
Family and financial stability in the foster care family;
Plans to foster in the future.

This is not an exhaustive list but the report needs to contain sufficient information to allow a decision to be made about a full assessment of the foster carers as adopters.

Once the report has been received by the relevant Service Manager, he/she will consult as appropriate and decide on whether or not to proceed. The applicants will then be informed of the outcome in writing by the Adoption Team Manager and invited to make an application for an assessment of their suitability to adopt.

If the Service Manager decides not to proceed with a full application, then the foster carers will have the right to complain via the Complaints and Representations Procedure.

5. Financial Support in Adoption

It is important during the initial viability for prospective adopters to be clear about the procedure with respect to financial assistance. The process is that the Service Manager makes the recommendation of when adoption financial assistance should be paid. The salient points to take into account are:

Adoption generally presumes there will be no financial package attached.
Foster carers meet one of the primary criteria for the payment of adoption financial assistance. However, financial assistance will only be paid if it would be impracticable to place a child with other adopters. For example if the child is under 2 with no health or development needs it would be unlikely that financial assistance would be paid.
Financial assistance beyond 2 years post adoption order will be means tested and any financial assistance will depend on the income of the foster carers.
Any enhancements that foster carers receive will only be paid at the discretion of the Service Manager.

There is no automatic entitlement to financial assistance when foster carers wish to adopt.

However under some certain circumstances some adopters may receive financial support.

The Adoption Support Regulations (2005) sets out the following:

Circumstances in which financial support is payable (part 8)

Financial support is payable under this Part to an adoptive parent for the purpose of supporting the placement of the adoptive child or the continuation of adoption arrangements after and adoption order is made.
Such support is payable only in the following circumstances:
1. Where it is necessary to ensure that the adoptive parent can look after the child;
2. where the child needs special care which requires greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or Neglect.
3. where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of:
  1. the age or ethnic origin of the child; or
  2. the desirability of the child being placed with the same adoptive parent as his brother or sister (whether of full or half-blood) or with a child with whom he previously shared a home;
4. where such support is to meet recurring costs in respect of travel for the purpose of visits between the child and a related person;
5. where the local authority consider it appropriate to make a contribution to meet the following kinds of expenditure
  1. expenditure on legal costs, including fees payable to a court in relation to an adoption;
  2. Expenditure for the purpose of introducing and adoptive child to his adoptive parent;
  3. Expenditure necessary for the purpose of accommodating and maintaining the child, including the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child

Financial Remuneration for former foster parents (part 9)

Financial support under this part may include an element of remuneration but only where the decision to include it is taken before the Adoption Order is made and the local authority consider it to be necessary to facilitate the adoption in a case where:
1. the adoptive parent has been a local authority foster parent in respect of the child; and
2. an element of remuneration was included in the payments made by the local authority to the adoptive parent in relation to his fostering the child.
But that element of remuneration ceases to be payable at the end of the period of two years from the adoption order unless the local authority consider its continuation to be necessary having regard to the exceptional needs of the child or any other exceptional circumstances.

Payment of financial support (part 10)

Financial support under this part may be paid:

periodically, if it is provided to meet a need which is likely to give rise to recurring expenditure; or

in any other case, by a single payment or, if the local authority and adoptive parent agree, by instalments.

Cessation of financial support (part 11)

Financial support ceases to be payable to an adoptive parent if:

the child ceases to have a home with him;

the child ceases full-time education or training and commences employment;

the child qualifies for income support or jobseeker’s allowance in his own right; or

the child attains the age of 18 unless he continues in full-time education or training, when it may continue until the end of the course or training he is then undertaking.

Conditions (part 12)

Where financial support is to be paid periodically, it is not payable until the adoptive parent or, in the case of adoption by a couple, each adoptive parent, has agreed to the following conditions:
1. that he will inform the local authority immediately if:
  1. he changes his address;
  2. the child dies;
  3. any of the changes mentioned in regulation 11 (cessation of financial support) occurs; or
  4. there is a change in his financial circumstances or the financial needs or resources of the child which may affect the amount of financial support payable to him,
  5. and, where the information is given orally, that he will confirm it in writing within seven days;
2. that he will complete and supply the local authority with an annual statement as to the following matters:
  1. his financial circumstances;
  2. his financial needs and resources of the child;
  3. his address and whether the child still has a home with him.
The local authority may provide financial support subject to any other conditions they consider appropriate, including the timescale within which and purposes for which any payment of financial support should be utilised.
Where any condition imposed in accordance with this regulation is not complied with, the local authority may:
1. suspend or terminate payment of financial support; and
2. seek to recover all or part of the financial support they have paid.
Where the condition not complied with is a failure to provide an annual statement in accordance with an agreement the local authority shall not take any steps under paragraph (3) until:
1. they have sent to the person who entered into the agreement a written reminder of the need to provide an annual statement; and
2. 28 days have expired since the date on which that notice was sent.

6. Where a Foster Carer Wishes to Adopt a Child Where the Current Plan for the Child is not Adoption

In this situation the Children’s Social Worker will initially consider whether:

Adoption the best plan for the child (This may ultimately be the court’s decision);
Whether the foster carers are appropriate adopters for the child

The child’s social worker should prepare a report for the relevant Service Manager analysing the advantages and disadvantages of the child being adopted by the current foster carers. The factors which need to be taken into account include:

The child’s view of adoption;
The birth family’s view of adoption;
The child’s understanding about adoption and how this will change the nature of his relationship with his birth family;
The level of contact between the child and his birth family.

Again this list is not exhaustive.

The relevant Service Manager (with case accountability for the child) will then need to determine in theory if the foster carers were approved as adopters, whether adoption would be appropriate. If the decision is that it would not be appropriate then the process would cease. The foster carers would then have this decision explained to them.

If the decision is that adoption is an appropriate plan then a viability assessment, as detailed in Section 4. Foster Carers Seeking to be Approved as Adopters for a Child for Whom They are Caring, would be undertaken.

However, during this viability the foster carers should be consulted about the most appropriate way for the application to be considered; either through a direct application to court or through the application for a Placement Order.

The viability assessment will be confirmed by the relevant Service Manager to make a decision on how to proceed at all.

The foster carers will be informed about this decision in writing via the child’s Adoption Team Manager.

Appendices

Appendix 1: Viability Assessment

End