Early Permanence: Fostering for Adoption, Temporary Approval as Foster Carers of Approved Prospective Adopters

1. Introduction

The Care Planning, Placement and Case Review (England) Regulations 2010 were amended to allow approved prospective adopters to be given temporary approval as foster carers for a named child. There is a duty upon local authorities to consider a placement with dually approved carers whenever it is considering adoption or where the decision has been made that the child ought to be placed for adoption, but where the agency does not yet have authority to place the child for adoption through either a placement order or parental consent. (section 22C(9B) Children Act 1989 (as amended by the Children and Families Act 2014).

The Children and Families Act 2014 imposes a duty upon local authorities to consider placement with dually approved carers whenever it is considering adoption or where the decision has been made that the child ought to be placed for adoption, but where the agency does not yet have authority to place the child for adoption through either a placement order or parental consent.

2. Fostering for Adoption

2.1 Duty to Consider Fostering for Adoption Placement

Under section 22C (9A and 9B) of the Children Act 1989 as amended by the Children and Families Act 2014, where the local authority are considering adoption for a child (see Section 2.2, Considering Adoption for a Child) or are satisfied that the child ought to be placed for adoption but is not yet authorised (either by consent or by Placement Order) to place the child for adoption, the authority MUST consider placing the child with a relative, friend or other Connected Person who is also a local authority foster carer or, where they decide that such a placement is not the most appropriate placement, then they must consider placing the child with an approved prospective adopters who has been temporarily approved as foster carers for a named child under regulation 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

Where a child is placed in a fostering for adoption placement, the relationship which the child has with the person who is a prospective adopter must be considered by the Court or Adoption Agency alongside other relevant relationships the child has with their relatives or other persons. (See s.9 Children and Social Work Act 2017 amending s.1(f) Adoption and Children Act 2002).

In such a situation, the requirements under the section 22 of the Children Act 1989 to ensure that placements allow the child to live near the parents home, be placed within the local authority area, remain at the same school and to be placed together with sibling(s), do not apply.

Early Permanence (EP) is an umbrella term covering Concurrency and Fostering for Adoption placements. Both retain the potential for a child to be reunified with their family depending on specific care plans and circumstances and the outcome of the final court decision. (National Early Permanence Practice Standards (Coram Centre for Early Permanence), Glossary of Terms.

Approved prospective adopters who have been temporarily approved as foster carers for a named child under regulation 25A of the Care Planning, Placement and Case Review (England) Regulations 2010 - see Section 3, Temporary Approval as Foster Carers of Approved Prospective Adopters.

Such a placement must be approved by the Agency Decision Maker who must:

• Be satisfied that:
  • The placement is the most appropriate placement available for the child and will safeguard and promote his/her welfare; and
  • The child's wishes and feelings have been ascertained and given due consideration, and the IRO has been informed; and
• If their whereabouts are known, notify the child's parent(s)/guardian of the proposed placement.

(It is expected that the Agency Decision Maker will be a social worker with a good understanding of care planning, including adoption and fostering. It could be the adoption Agency Decision Maker.)

2.2 Considering Adoption for a Child

Examples of when a local authority may be considering adoption include:

• Where the local authority is trying to rehabilitate the child with the birth parents, there are no suitable family or friends carers and adoption is the best option for the child if rehabilitation does not succeed;
• Where the local authority has decided at the permanence planning stage that adoption should be the plan for the child. The local authority must be able to demonstrate to the ADM and the court why the child cannot return home, why the child has not been placed with family or friends, why no other permanence plan is appropriate for the child and why adoption is the right plan for the child;
• In cases where the birth parents have indicated that they are likely to consent to the child being placed for adoption, but have not yet consented;
• A Fostering for Adoption placement can also be made after the ADM has made the decision that the child should be placed for adoption, but does not yet have authority to place the child for adoption;
  
• There are a range of circumstances which may suggest that in planning for a child Fostering for Adoption might provide the most child-centred plan;
  
  The professionals involved with the child must have fully considered the likelihood of the child's birth parent(s) being able to resume the care of the child and the potential possibilities for the child being able to be appropriately placed within their wider family network. While assessments may be outstanding the presenting evidence must suggest that there is little or no possibility of the child being able to be appropriately placed within their family or social network.
  
  The majority of the children who are suitable for Fostering for Adoption will typically fall into one of the following scenarios:
  • The birth parent(s) have had one or more children previously placed for adoption or in another form of permanent placement and the evidence strongly indicates that their circumstances have not changed and pose the same risks as they did for the previous child(ren). The local authority does not have a pro-active plan to rehabilitate the child as the circumstances of the parent(s) are such as to pose a serious on-going risk;
  • The child is the first child of their birth parent(s), however the circumstances of the parent(s) and the perceived risks to the child are such that there is no proactive plan to return the child to the care of his/her parent(s) or to other family members;
  • The birth parent(s) have indicated that they may want to place their child for adoption but have not yet formally consented (Section 52(3) Adoption and Children Act 2002).
• The point at which planning for Fostering for Adoption will be appropriate will vary from case to case in some cases it will be appropriate for this to be pursued at a very early stage while in other cases it will not be appropriate for it to be pursued until later in the planning process or the legal proceedings. Every case must be considered on its own evidence based merits and the child's needs must be the primary objective it must not be assumed that just because there may be identifiable advantages in placing the child through Fostering for Adoption this is necessarily the right plan. It must be apparent that removal of the child from his/her birth parent(s) care is in the interest of the child's welfare and is proportionate and justifiable under the applicable legal test for removal the Joint Legal Team must be consulted;
• The child's Independent Reviewing Officer (IRO) should be involved in the decision making process and must be notified prior the ADM agreeing the Fostering for Adoption plan for the child.

Examples of where a local authority will not be considering adoption include:

• The child is likely to return home;
• They are aware that there are family or friends who can care for the child;
• A permanence placement other than adoption is more appropriate for the child.

If, at any point during the planning of a Fostering for Adoption placement or if the child is already in such a placement, there is any change to the circumstances of prospective carers, including relatives, a planning meeting with the Fostering for Adoption carers and all professionals involved should take place to consider the new information at the earliest opportunity, so that the carers can make an informed choice about their position. Similarly, this also allows the local authority to consider their position in light of the change in circumstances.

Making the Fostering for Adoption plan

• The Fostering for Adoption plan should be identified via the local authority's usual Permanency Planning Process;
• Any plan for adoption must be confirmed at a Child in Care Review and any plan for Fostering for Adoption should be confirmed in the same way;
• The child(ren)'s birth parent(s) must be kept informed of the planning for their child and should be advised to discuss their position, views and circumstances with their legal representative/s;
• The permission of the Court is not required (where Proceedings have been initiated) in order for the local authority to be able to place the child with Fostering for Adoption carer(s), however, within the proceedings the Court should be informed that the child is or is to be placed with potential adopter(s) on a Fostering for Adoption basis: this should be included in the social worker's statement;
• Regardless of whether or not the child is subject to Proceedings the child's birth parent(s) and any other adult(s) who hold parental responsibility for the child, must be consulted and kept fully informed of the local authority's intentions and it must be fully explained to them why Fostering for Adoption is perceived to be a positive option for the child. Every effort must be made to ensure that the child's parent(s) and any other adult(s) who hold parental responsibility for the child fully understand their own position and the actions being planned by the local authority. When the decision has been made by the ADM that the child should be placed with identified Fostering for Adoption carers the birth parent(s) must be notified in writing subject to proceedings) and (voluntarily relinquished child(ren));
• Where Proceedings have been initiated the child's birth parent(s) should always be advised to discuss their position, views and circumstances with their legal representative/s;
• It is recognised that where the child is in Proceedings the birth parent(s) and their legal representative(s) may oppose any plan for the child to be placed in a Fostering for Adoption arrangement;
• It is recognised that the Children's Guardian may not always support a Fostering for Adoption Plan;
• It must be made clear to the birth parent(s) and significant wider family members that the placement of the child on a Fostering for Adoption basis does not pre-empt the outcome of any Court Proceedings or, in the case of a relinquished child, alter their right to make a decision to reclaim their child at any point prior to them signing consent to placement It should be explained to them that while the local authority believes that adoption is the right plan for the child, or that it will be the right plan for the child if rehabilitation is not successful, this does not interfere with the parent(s) right to have their evidence presented and heard before the Court if that is what they decide that they want to do.

2.3 Notifications

Where a decision is made to place a child in a Fostering for Adoption placement, the adoption agency must:

• Where a child is subject to Court Proceedings the Court should be informed that the child is or is to be placed with his/her potential adopter(s) on a Fostering for Adoption basis;
• Notify the prospective adopter in writing;
• Explain the decision to the child in an appropriate manner, having regard to the child's age and understanding;
• Explain to the birth parents (including fathers without Parental Responsibility) / guardian the legal implications.

On those occasions where the child is voluntarily Accommodated under section 20 of the Children Act, the notification should remind the birth parents of their right to remove the child from the local authority's care and should provide advice on access to legal advice and appropriate advisory bodies. At this point, the Local Authority may wish to consider commencing care proceedings.

The parents should be informed that the Local Authority cannot pre-judge the outcome of Care Proceedings and only the Court can authorise placement for adoption if the parents do not consent to their child being placed for adoption.

3. Temporary Approval as Foster Carers of Approved Prospective Adopters

Approved prospective adopters can be given temporary approval as foster carers under 25A of the Care Planning, Placement and Case Review (England) Regulations 2010. This temporary foster carer approval process can be carried out at the same time as the adopter approval process.

This temporary approval can be given for a named Looked After Child, where the Local Authority consider that this is in the child's best interests.

• Fostering for Adoption carers will be approved to adopt in the usual way in line with the local authority's Adoption Procedures;
• Discussion will take place with all prospective adopters during Stage Two of the adoption process to ascertain if they are able to consider a Fostering for Adoption placement where applicants are open to considering this option they will be offered the opportunity to complete an additional training session aimed at educating them around the additional tasks and risks involved in taking on the care of a child on a Fostering for Adoption basis;
• Prospective Adopters' Reports will indicate whether or not the applicants are able to consider Fostering for Adoption and this will be confirmed when their application is considered by the Adoption Panel;
• Following their approval to adopt prospective adopters who are open to considering Fostering for Adoption will be considered for all children who become available for placement who fit within their placement criteria including any children for whom a Fostering for Adoption Placement is being sought (who they would otherwise not be considered for);
• Where the prospective adopter(s) are identified as potentially providing a suitable 'match' for a child who has a 'Fostering for Adoption' plan a matching report will be completed and the proposed 'match' will be presented to the local authority's Adoption Agency Decision Maker (ADM) for her/him to agree the approval of the prospective adopter(s) as potential Fostering for Adoption Carer(s) for the specific named child (see further details below);
• Where the ADM agrees the proposed placement the prospective adopter(s) will be given temporary approval as foster carers for the specific named child;
• Where the child is subject to Care Proceedings, if a Care Order and Placement Order are subsequently granted to the local authority the proposed 'match' will then be presented to the Adoption Panel for consideration in the usual way, in line with the local authority's adoption procedures.

Before giving such approval, the responsible authority must:

• Assess the suitability of that person to care for the child as a foster carer; and

• Consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote the child's welfare and meet the child's needs as set out in the Care Plan.

4. The Role of the Adoption Agency Decision Maker

• A new Regulation (Regulation 22A) will from April 2014 require the ADM to approve any decision that a Child in Care be placed in a Fostering for Adoption placement before the placement is affected;
  
  Note: There is no requirement that the Fostering Panel consider the proposed approval in advance of the ADM reaching her/his decision;
• If the plan for the child later becomes one for adoption and the Adoption Panel subsequently makes a recommendation that the child be 'matched' with his/her previous Fostering for Adoption carer(s), the ADM will then also have responsibility for agreeing the proposed 'match' in the usual way.

Progressing the Fostering for Adoption Plan

• Liaison must take place with the Adoption Team Manager to enable a Family Finder to be identified for the child at an early stage;
• An early Adoption Medical should be arranged for the child. The Agency will need to obtain the written consent of the child's birth parents (or one of them) for the child to be examined if they retain sole parental responsibility for the child. If the medical cannot be arranged before the child is to be placed in his/her Fostering for Adoption placement as much medical/health information as is available must be shared with the proposed carer(s) and they must be made fully aware of the additional risks that they are taking on in this situation: i.e. that the child may have health, medical or developmental issues not yet apparent/identified but that which may be identified through a future medical. (This information will also need to be shared with the ADM in the absence of a completed Adoption Medical see below);
• Work should be started on compiling a Child Permanence Report (CPR) using the CoramBAAF format. The CPR must make it clear that the plan for the child is at this stage Fostering for Adoption. The decision may be made to place the child in his/her Fostering for Adoption placement prior to the full CPR being completed; where this is the case careful consideration must be given to how as much information as possible about the child's family background (including his/her birth parent(s)' histories) and the child's life experiences to date, can be shared with the potential carer(s) to enable them to make as informed a decision as possible about whether they wish to commit to the placement. (This information will also need to be shared with the ADM in the absence of a completed CPR see below). If adoption later becomes the confirmed Care Plan for the child the completed CPR will be required in order for the ADM to agree the child as being suitable for adoption and for the Adoption Panel to subsequently consider the proposed 'match' in the usual way;
• While placements with Fostering for Adoption carers are made under the Fostering Regulations, where the local authority is pursuing Fostering for Adoption it is good practice for birth parent(s) to also be provided with written information about adoption at this stage so that they are clear about the local authority's longer-term intentions, however it is not necessary for the birth parent(s) to be asked to sign receipt of this information as the local authority is not at this stage pursuing an adoptive placement;
• If the birth parent(s) are likely to benefit from it, they can at this stage be offered the opportunity of being referred to the BAAS Birth Parent Service for independent counselling about adoption, however in many cases this will be premature;
• It is expected that most children for whom Fostering for Adoption is deemed to be appropriate will be under two years of age, however if the process is to be instigated for an older child, if he/she is of sufficient age and understanding for it to be appropriate his/her views and wishes on his/her Care Plan must be sought, taken into account and recorded;
• The Service Manager of the Berkshire Adoption Advisory Service does not have any role in agreeing the Fostering for Adoption plan for a child;
• The Agency Decision Maker will make the Agency Decision as to whether the child should be placed in a Fostering for Adoption arrangement; in order to do so she/he will need to be provided with:
  • The draft CPR giving details of the case (or if the CPR is not available an alternative report giving as much information as is available about the child's family background, including his/her birth parent(s)' histories, the child's life experiences to date and the reasons why Fostering for Adoption is being recommended/pursued for the child);
  • Medical information in respect of the child. If an Adoption Medical has not yet been arranged or the Adoption Medical Adviser's report is not yet available this should as a minimum include a recent Child in Care medical report completed by the Looked After Children's Nurse or the child's current G.P;
  • Legal advice (from the Joint Legal Team) if the child has already been considered as a child suitable for adoption.

If the ADM's decision is that the child should not be placed with Fostering for Adoption carers the child will be placed in or remain placed in a mainstream fostering placement and the authority's usual permanency planning procedures followed including a parallel planning process.

The matching process

• In order to minimise delay the matching process must run in parallel with the process of approving the Fostering for Adoption plan for the child:
  • An individual list of placement needs must be drawn up for each child responsibility for this rests with the social worker for the child, however, the family finder for the child should be pro-active in supporting this process;
  • A draft Adoption Support Plan must also be drawn up at this early stage as this will need to be available to be shared with the child's potential carers prior to the Fostering for Adoption placement being agreed. Responsibility for compiling this report is shared between the child's social worker and the family finder, however, in practice, it is usually the family finder who compiles the report. The plan must detail all financial arrangements in respect of the placement including whether or not an adoption allowance will be payable if the child's placement becomes a placement for adoption;
  • The child's contact needs must be clearly identified and a written contact plan drawn up detailing the proposed contact arrangements:
    • Up until the Final Hearing in Care Proceedings or in the case of a relinquished child the birth parent(s) signing their witnessed consent for the child to be placed for adoption;
    • During any subsequent period of reducing contact and the local authority's proposals re:
    • Wish You Well contacts;
    • Post adoption contact.
• The matching process will follow the local authority's usual matching process but only prospective adopters who are able to consider a Fostering for Adoption arrangement will be considered First consideration will be given to prospective adopters who are approved within the Adopt Berkshire in order to avoid undue delay;
• If it is not possible to identify potential adopters from within Adopt Berkshire, direct approaches will be made to other local authorities and Voluntary Adoption Agencies in order to increase the pool of potential adopters available for consideration however, again only prospective adopters who are able to consider a Fostering for Adoption arrangement should be considered;
• Once one or more potentially suitable families have been identified a formal Linking Meeting must be held chaired by a senior member of staff, usually the Adoption Team Manager;
• The matching process must take into account the fact that there may be much that is unknown about the child at the stage of linking and more information may be discovered about the child and/or his/her birth parent(s) and/or his/her birth family background that could have implications for the child and his/her future parenting needs. In addition to considering all the usual issues relevant to matching a child with prospective adopter(s) the linking process must consider:
  • The potential carer(s)' ability to manage the demands of short-term fostering including any planned contact arrangements;
  • Their likely ability to understand the plan for the child and to work with the local authority and other agencies as required;
  • Their ability to remain child focused;
  • Their likely ability to manage uncertainly, loss and change (including the possibility of the child being returned to the care of their birth parent(s) or another relative).
  The geographical location of any proposed placement will also need to be considered as during the fostering phase it is likely to be necessary to facilitate regular contact between the child and one or more of their birth relative/s. During the fostering phase the location of the proposed carer(s) should ideally be such that contact can be reasonably facilitated without subjecting the child to the unnecessary stress caused by long journeys, however this needs to be weighed up against the potential need to maintain the anonymity of the placement and to protect the identity and location of the carer(s) should the placement become an adoptive placement, particularly if the child is to be placed with a birth sibling(s) who is/are already adopted;
  
  The resolution of these potentially conflicting demands will require careful thought and decision making;
• Following the Linking Meeting, if more than one family is identified as offering a potentially suitable placement, the usual matching procedures should continue to be followed until a family of choice is identified It is important that the uncertainty that is inherent in any Fostering for Adoption placement is acknowledged through-out the linking process and that the potential impact that this may have on the development of the carer(s)' attachment(s) to the child is fully discussed and explored along with the support that will be available to them;
• Once a family of choice is identified then as much written information as is available must be shared with them by their link worker - this should include the draft CPR (if available) or other written information about the child's birth family background and earlier life experiences, medical information, any psychological assessment(s) and any other information that the local authority considers relevant (and that is available and would have been shared had the child's Care Plan at this stage been adoption);
  
  Note: It is not usual policy to share legal advice;
• If the child has already been subject to an adoption medical examination the potential carer(s) should be given the opportunity to meet with the Agency's Adoption Medical Adviser, if not they should be given the opportunity to speak with the Looked After Children's Nurse to discuss any health or developmental issues known to have relevance to the child;
• If the child is already placed with foster carer(s) the potential carer(s) should be given the opportunity to meet the child's current foster carer(s) prior to confirming whether they wish to progress with the proposed placement on the basis of Fostering for Adoption;
• Where the potential carer(s) are in agreement with the placement proceeding a matching report must be completed and the papers in respect of the proposed 'match' sent to the local authority's ADM (Adoption) for her/him to agree the approval of the Prospective Adopter(s) as Foster Carers for the specific named child. The papers that the ADM should consider are:
  • The draft CPR giving details of the case (or if the CPR is not available an alternative report giving as much information as is available about the child's family background, including his/her birth parent(s)' histories, the child's life experiences to date and the reasons why Fostering for Adoption is being recommended/pursued for the child);
  • Medical information in respect of the child. If an Adoption Medical has not yet been arranged or the Adoption Medical Adviser's report is not yet available this should as a minimum include a recent Child in Care medical report completed by the Looked After Children's Nurse or the child's current G.P.;
  • Legal advice (from the Joint Legal Team) if the child has already been considered as a child suitable for adoption;
  • The Prospective Adopter's Report;
  • The Matching Report.
• When the ADM (Adoption) agrees the proposed placement the prospective adopter(s) will be given temporary approval as Fostering for Adoption carer(s) for the specific named child and a Foster Carer(s)' Agreement must be drawn up and signed by the potential carer(s) and the local authority;
  
  Note: When a child is to be placed with Fostering for Adoption carer(s) who are approved to adopt by another local authority or by a Voluntary Adoption Agency their approval as foster carer(s) must be given by the local authority that holds responsibility for the child, however the local authority or Voluntary Adoption Agency that approved the potential carer(s) as prospective adopter(s) must be kept fully informed about the planning for the proposed Fostering for Adoption placement. While the responsibility for the approval of the proposed carer(s) as Fostering for Adoption carer(s) and for the completion of the Foster Carer(s)' Agreement rests with the child's placing authority, consideration should be given to which local authority/agency is best placed to provide the Supervising Social Worker support to the carer(s) while the child is placed under the Fostering Regulations;
• Note: If a Placement Order is ultimately granted and the proposed 'match' of the child with his/her Fostering for Adoption carer(s) is to be considered by the Adoption Panel consideration should be given in the usual way to the merits of holding a Life Appreciation Day to ensure that the carer(s) are fully aware of the child's history and his/her birth family background and any potential implications that this may have for the child. While there will always be a possibility that, if new information comes to light, the carer(s) may decide to withdraw, it is preferable that they do so at this stage rather than the child potentially experiencing rejection or a less than successful placement at a future stage).

The placement process

• Once the Fostering for Adoption carer(s) are approved as foster carer(s) for the specific named child, the placing authority will be free to move forward with making the placement provided that the required agreements have been obtained;
• A Placement Planning Meeting should be held, chaired by a senior member of staff, usually the Family Placement Team Manager or the relevant locality team manager for the child;
  
  A period of introductions should be planned in line with those that would have been planned had the child been moving into placement on a pre-adoption basis.
  
  The proposed contact arrangements for the child must be fully discussed and agreement reached as to how the child's contact arrangements with his/her significant birth relatives will be arranged and what if any contact the carer(s) are required to have with the child's birth family members. Planning such arrangements can be very challenging but any arrangements agreed must:
  • Acknowledge the rights of the birth relative(s) concerned;
  • Recognise the current legal nature of the placement, i.e. short-term fostering;
  • Protect the child and minimise the child's exposure to undue stress;
  • Ensure that appropriate support is available to the carer(s) in order to enable them to best manage the demands that facilitating any contact arrangements will inevitably make on them.
  Depending on the plans for how birth parent contact will be managed careful consideration should be given to if and how the Fostering for Adoption carer(s) will be introduced to the child's birth parent(s) and/or other significant relatives;
• The carer(s) will be required to enter into a Placement Agreement in line with the Fostering Regulations this can be drawn up at the Placement Planning Meeting;
• The carer(s) must be allocated a Supervising Social Worker to support them in their role as foster carer(s) for the child (consideration should be given to whether the carer(s)' previous Adoption Social Worker is best placed to undertake this role or whether a separate social worker should be allocated from the approving authority's fostering service);
• Once made the placement is legally a placement under the Fostering Regulations and must comply with the approving authority's fostering procedures;
• The child's social worker must ensure they have completed the delegated authority agreement and provided this to the Fostering for Adoption carers at the point of placement;
• If Care Proceedings are ongoing the carer(s) should be kept informed of the progress of proceedings including the outcome of any related assessments of birth family members;
• If the child is voluntarily relinquished the carer(s) should be kept informed of the birth parent(s)' position regarding the child's possible future adoption.

Note: If the placement becomes a placement for adoption and an application is made for an Adoption Order the child's wishes and feelings about adoption will need to be ascertained and reported to the Court. This will require age appropriate direct work to be undertaken with the child and appropriately resourced.

Explaining the placement to the child

• While many of the children for whom Fostering for Adoption is deemed to be an appropriate placement option will be young infants, where an older child is to be subject to such an arrangement careful consideration will need to be given to:
  • How the plan and his/her placement under the Fostering Regulations will be explained to the child in a way that is consistent with his/her age and understanding;
  • How the child will be informed of the change in the status of his/her placement if the placement later converts to a placement under the Adoption Regulations;
  • How the placement will be explained to any other child(ren) already in the family;
  • How the child will be encouraged to refer to his/her carer(s) (this will need to take account of the views of the birth parent(s) while the child is placed under Fostering Regulations).
  Note: If the placement becomes a placement for adoption and an application is made for an Adoption Order the child's wishes and feelings about adoption will need to be ascertained and reported to the Court. This will require age appropriate direct work to be undertaken with the child and appropriately resourced.
  
  If the Court does not ultimately authorise the plan for adoption and the decision is made that the child will be placed elsewhere careful consideration will need to be given to how both the child and his/her carer(s) are prepared for and supported with the separation that this will entail.

The temporary approval period expires when:

• The placement is terminated by the local authority;
• The approval as a prospective adopter is terminated;
• The prospective adopter is approved as a foster carer;
• The prospective adopter gives 28 days' written notice that they no longer wish to be temporarily approved as a foster parent in relation to the child; or
• The child is placed for adoption with the prospective adopter in accordance with the Adoption and Children Act 2002.

Following the granting of a Care Order and Placement Order or in the case of a relinquished child the child's birth parent(s) signing witnessed consent to the child being placed for adoption.

An adoption case record must be set up in the child's name. This record runs in parallel with the child's In Care.

• The Care Plan for the child must be changed to a plan for adoption at a Child in Care Review. The review should formally:
  • Confirm the change of Care Plan to placement for adoption;
  • Agree the timescale for the child to be considered by the ADM (Adoption) as a child suitable for adoption;
  • Ascertain whether the Fostering for Adoption carer(s) remain committed to adopting the child and wish to be formally matched to the child (if this is not the case a formal Permanency Planning Meeting must be convened without delay so that other placement options can be considered for the child);
  • If the Fostering for Adoption carer(s) wish to move forward with the adoption plan, agree the timescales for the presentation of the proposed 'match' to the Adoption Panel.
• Following the plan for adoption being confirmed at a review arrangements must be made for:
  • Notification letters to be sent to the birth parent(s) and to anyone else who holds parental responsibility (PR) for the child, informing them that adoption is now the plan for the child If the child's Fostering for Adoption carer(s) have confirmed their wish to move forward with the adoption process, the letters to those who hold parental responsibility for the child should also indicate when the proposed 'match' is to be presented to the Adoption Panel;
  • The child to be considered by the Adoption Panel and/or the ADM (Adoption) as a child suitable for adoption:
    • The CPR must be updated by the child's allocated social worker;
    • The child's adoption medical must be updated if the delay in achieving the change of Care Plan requires it;
    • A telephone referral for independent counselling should be made to the BAAS Independent Birth Relative Service in respect of each birth parent. Where counselling is refused the child's social worker should record this on the child's case record. If the parent(s) previously used the service when the Fostering for Adoption plan was first pursued it should be made clear to them that this service remains available to them.
  • The proposed 'match' to subsequently be considered by the Adoption Panel and the ADM (Adoption):
    • The PAR should be updated by completion of an Annual Review (including details of the Fostering for Adoption placement and the prospective adopter(s)' experience of caring for the child) responsibility for this will rest with the local authority or Voluntary Adoption Agency that holds the approval of the carer(s) as prospective adopter(s) however the worker who has supported the carer(s) while they have been caring for the child on a Fostering for Adoption basis should feed into this process (if a different worker);
    • The child's Matching Report must be updated;
    • The Adoption Support Plan should be reviewed/finalised and signed by all relevant parties, including the prospective adopter(s);
    • The Adoption Placement Report must be completed including the reasons for the proposed placement and the views of the prospective adopter(s);
    • If the child is of an appropriate age and understanding work should be undertaken to ensure that he/she is aware of the plan for him/her to be adopted by his/her Fostering for Adoption carers and what this will mean for him/her. The child should be provided with a copy of the local authority's Children's Guide to Adoption;
    • The reports for the Adoption Panel in relation to the proposed 'match' should be submitted to the BAAS in good time and at least two weeks prior to the Panel date (i.e. by 12.00 noon on the Thursday two weeks prior to the Panel date when the panel is due to be held on a Thursday). Papers should be hand delivered or sent by special delivery or courier.
  If the prospective adopter(s) are not approved by the placing authority the child's social worker must make sure that the link worker to the prospective adopter(s) is aware of the date and location of the Panel and is provided with the appropriate panel leaflet. He/she should also inform the BAAS if the link worker has to travel some considerable distance to attend the Panel and therefore an early or late panel slot is preferred. The prospective adopter(s) are welcome to attend the Adoption Panel when the proposed 'match' is being considered and the child's social worker should similarly ensure that they are invited to do so and provided with details of the time and venue;
• Efforts should be made to encourage the birth parent(s) to contribute to the child's Life Story information in line with usual procedures;
• The Adoption Panel and Agency Decision Maker (ADM) process;
• The Panel process and ADM process will mirror that for any proposed match of a Child in Care.

The process following the approval of the 'match'

• Following the ADM reaching their decision, notification letters must be sent to the birth parent(s) and to anyone else who holds Parental Responsibility for the child (if their whereabouts are known) within five working days, to inform them of the agency decision regarding the match. Responsibility for this rests with the Adoption Team Manager. Letters should be signed by the ADM;
• Given that the child will already be in the care of his/her prospective adopter(s) a date will have to be identified on which the placement will be deemed to become a placement under the Adoption Agencies Regulations. This will usually be the date of the Adoption Agency Decision Maker's decision;
• All decisions must be recorded on the child's case record and the prospective adopter(s)' case record;
• Where the child is accommodated the birth parent(s) must be asked to sign consent for the prospective adopter(s) to be able to access routine medical treatment for the child, following placement;
• If the child is of an appropriate age and understanding to have known about the Panel process and to understand the change in his/her placement status, consideration must be given to how best to inform the child of the outcome of the Panel;
• The local authority must send a formal notification letter to the prospective adopter(s) and include a completed Matching Certificate. This will enable the prospective adopter(s) to claim Statutory Adoption Pay and leave if in employment. Responsibility for this rests with the Adoption Team Manager;
• A formal inter-agency agreement must be drawn up if the child is being placed with prospective adopter(s) approved by another local authority or a Voluntary Adoption Agency. Responsibility for this rests with the Adoption Team Manager;
• If the prospective adopter(s) have been receiving support from a Supervising Social Worker attached to the authority's fostering service this worker's role will cease at the point that the placement becomes a placement under the Adoption Agencies Regulations, given this it must be identified who will then hold responsibility for providing link-work support to the prospective adopter(s). While the social worker for the child will retain responsibility for monitoring the child's welfare the prospective adopter(s)' social worker will primarily be responsible for supporting them;
• A formal meeting should take place with the prospective adopter(s) chaired by the Adoption Team Manager or Assistant Team Manager to:
  • Draw up the Adoption Placement Plan;
  • Ensure that the prospective adopter(s) have full written information in respect of the child and the proposed placement including:
    • The updated Child's Permanence Report (CoramBAAF CPR);
    • A copy of the Adoption Support Plan;
    • A copy of the Adoption Placement Report (CoramBAAF APR);
    • Medical reports, including any psychological and/or psychiatric reports (if these are Court documents then the permission of the Court is needed; permission of the author of any medical reports, other than the Adoption Agency Medical Adviser's report, is also needed);
    • Education details including PEP, school reports (if an older child);
    • Two original birth certificates;
    • A copy of any Court Order(s) (where appropriate);
    • A letter of medical consent;
    • The child's 'red book' (it is likely that as the child's previous foster carer(s) they will have this in their possession);
    • A copy of the local authority's Parental Responsibility Agreement for children placed under the Adoption Agencies Regulations;
    • A copy of the local authority's document regarding expected frequency of social work visits and post placement reviews;
    • A copy of the local authority's Complaints Leaflet;
    • Any other information that the local authority considers appropriate.
  The prospective adopter(s) should be asked to sign a declaration that they have received copies of all the relevant documents and this must be uploaded onto the case file.
  
  Note: Once the proposed 'match' has been agreed the child is placed under the Adoption Agencies Regulations and he/she is not legally adopted until a Court makes an Adoption Order. Until the granting of an Adoption Order the parental responsibility for the child will be shared between the birth parent(s), the prospective adopter(s), and in most cases the local authority (depending on the legal circumstances of the case). The Adoption Placement Plan should detail whether the parental responsibility of the prospective adopter(s) is to be restricted and if so the extent to which it is to be restricted and this should be kept under review through the placement review process;
• A letter must be sent to each of the birth parent(s) and to anyone else who holds parental responsibility for the child asking if they wish to be informed of the outcome of future reviews after the child's placement legally becomes a placement for adoption. Responsibility for this rests with the child's social worker. If they do not wish to be informed the parent(s) should sign a declaration to this effect.;
• Written notification of the change of the status of the placement must be sent to:
  • The prospective adopter(s)' GP;
  • The local authority and the Primary Care Trust for the area in which the prospective adopter(s) reside;
  • If the child is approaching school age, the local education authority for the area where the prospective adopter(s) reside with details about the child's educational history and whether he/she has been or is likely to be assessed for Special Educational Needs.
  Responsibility for sending out these notifications rests with the child's social worker;
• The details of the child and the placement must be entered on the authority's Adoption Register;
• Placing authorities are legally required to visit and see any child placed under the Adoption Regulations within one week of placement and at least once a week until the first review. The child's social worker will usually undertake these visits. Where this is not possible arrangements must be made for another worker to undertake the visits on his/her behalf;
• Visits by the child's social worker should be dovetailed with those made by the prospective adopter(s)' social worker. In some instances joint visits will be appropriate;
• While supervision of the child's welfare rests with the placing authority, it can, by agreement, be delegated to the prospective adopter(s)' approving agency (this should be agreed at the inter-agency meeting or at a subsequent review meeting post-placement - if the agency will make a charge for undertaking these visits on behalf of the placing authority then agreement must be obtained for the likely costs);
  
  Note: Good practice suggests that the placing authority should always retain a significant role in the supervision of the placement, recognising that the best interests of the child and the wishes and needs of the prospective adopter(s) may at times conflict;
• All visits should be recorded on the case file and note made of who was present. Copies of casework recording made by the child's social worker and the social worker for the prospective adopter(s) must be exchanged;
• Local authorities are legally required to review the placements of all children who are placed for adoption within certain time frames:
  • 1st review not more than 4 weeks after the date of placement;
  • 2nd review not more than 3 months after the first review;
  • 3rd and subsequent reviews within 6 months of the previous review.
• Good practice suggests that the social worker for the child should continue to maintain a level of contact with the birth parent(s) and with anyone else who holds parental responsibility for the child, from the point of placement up until the Adoption Order is finally granted, however the wishes of each individual must be respected and some birth parent(s) may opt to have no contact with the placing authority either from the point that the adoption plan is made or from the point that the child is placed in the care of his/her prospective adopter(s).