4.1.18 Adoption Planning

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SCOPE OF THIS CHAPTER

“Permanence is a framework of emotional, physical and legal conditions that gives a child a sense of security, continuity, commitment and identity”

Legislative and Policy Framework

Children Act 1969
Adoption and Children Act 2002
Adoption Agencies Regulations 2005
National Minimum Standards for Adoption
Salford Adoption and Permanency Policy

This chapter is not compliant with the Care Planning and Associated Regulations, Standards and Guidance 2010/11. A compliant chapter will appear in December 2011.

Contents

  1. Introduction
  2. Planning for Adoption
  3. Placement of Siblings
  4. Contact Issues
  5. Counselling the Child
  6. Counselling of Birth Parents
  7. Relinquished Babies
  8. The Adoption and Permanence Panel
  9. Planning for Permanence
  10. Child Permanence Report
  11. Change of Plan
  12. Panel Reviews of the Plan for Adoption
  13. Placement Orders
  14. Permanency/Adoption Medicals
  15. Preparation Prior to Booking the Medical
  16. Booking the Medical
  17. Attending the Medical
  18. Attendance at Panel
  19. How to Book Cases onto Panel
  20. Identifying a Placement
  21. Family Finding
  22. Reviews of Children with a Plan for Adoption
  23. Matching Meetings
  24. Discussions with the Prospective Adoptive Family
  25. Adoption Support
  26. Adoption Panel
  27. Planning Introductions
  28. Support of the Placement
  29. First Review
  30. Second and Subsequent Reviews
  31. Inter Agency Placements
  32. Meeting of Birth Parent(s) and Prospective Adopter(s)
  33. Adoption Application
  34. Suitability Report
  35. Adoption Hearing
  36. Notifications of Adoption Order Granted
  37. Adoption Case Records

1. Introduction

For all children it is essential that they are able to make enduring and affirming relationships in the most appropriate placement for them. Decisions regarding children’s permanent placement should be considered at Salford’s Adoption and Permanence Panel or the Fostering Panel.

There are a number of options available in order to secure permanency for children and young people. These include:

  • Returning home to their birth family
  • Living with a relative or foster carer by virtue of a Residence Order or Special Guardianship order
  • Living with foster carers or in residential care and remaining within the looked after system
  • Adoption.

The decision about which panel the child or young person’s plan should be presented to needs to take into account the age of the child and the plan for his or her siblings. Consultation should take place with the Agency Panel Advisor.

Adoption

A child becomes adopted by virtue of the making of an Adoption Order. An adoption order removes Parental Responsibility permanently from the child’s birth parents and from the local authority and gives full responsibility to the adoptive parents. An adopted person is treated in law as if he or she were the birth child of the adopter.

2. Planning for Adoption

This procedure outlines the process to be followed when adoption is considered as the permanency plan for a child. This will include:

  • Counselling of the child and the birth parents
  • The preparation of documentation for the Adoption and Permanence Panel. See Adoption and Permanence Panel Procedure.
  • The matching and placement of the child with an adoptive family
  • Post placement support.

Adoption

Adoption is an important means of securing permanence for children. It can offer children who are unable to return to their birth families a legally permanent new family to which they can belong, with the sense of security, and continuity they need to grow into healthy, well functioning adults.

Adoption should be considered as a positive option for all children Looked After who cannot return to their birth parents. This is particularly important for younger children under the age of 10 years old.

Placing a child for adoption can involve complex planning and procedural issues and should always be undertaken with close supervision from a team Manager and close liaison with the adoption & Permanence Team.

The recommendation to place a child for adoption should be made as part of an overall plan for the child. This plan would normally be discussed in supervision, confirmed in a formal meeting such as a Care Planning meeting and subsequently ratified at a statutory review, where the views of parents and other significant people, e.g. the current carer, are taken into account.The views of the child, depending upon their age and understanding, must also be taken into account.

Where the plan is for permanence through adoption, long term fostering or Special Guardianship there should be close liaison between the social worker and the Family Placement Team. The Family Placement Team should be invited to the legal or Care Planning meeting in order to contribute expertise about the various options under consideration and offer advice about the prospect of successful placement. This is particularly important when there may be different plans for a sibling group and when contact plans may be more complex.

If it is likely that a court statement is required from the family placement section the team manager should be consulted and proper notice given to allow time for a report to be completed, i.e. not less than 14 working days. Early involvement will also enable the Family Placement Team to understand the child's needs and give consideration to suitable prospective adoptive parents or long-term foster carers at the earliest opportunity.

The plan for adoption should be endorsed by the relevant Senior Team Manager or Head of Service.

In accordance with Adoption and Children Act 2002, all children for whom adoption is the plan should be considered at the Adoption and Permanence Panel prior to the final Care Plan is submitted to the court. The panel date will be part of the decision made at the Case Management Conference when proceedings are timetabled.

3. Placement of Siblings

In making plans for the child, his/her position in relation to other members of the birth family should be taken into account, particularly relationships with any brothers or sisters. For many children it will be in the interests of brothers and sisters to be placed together. However, it is not uncommon for there to be conflicting needs for children particularly when they are part of large sibling groups. It is important that careful consideration is given to the long term needs of each individual child.

Decisions about placement of siblings and future contact can be very complex and will frequently be one of the main issues discussed in the court proceedings. It is important that full discussions take place with family placement team as they may be required to family find and also give evidence in court on this issue.

A plan to place brothers and sisters separately should be based on clear, written assessments and be incorporated into the reports presented to the Adoption and Permanence Panel.

4. Contact Issues

There are many issues to take into account when determining any future contact plans. Children being placed for adoption often have many complex needs which need to be considered. It is important to take into account the changing contact needs of a child once he or she is in a permanent placement. Careful thought needs to be given to the longer term implications for the child and the adoptive or permanent family when making contact plans. Family placement section is able to provide advice and training materials on contact. There are guidance notes available for social workers in relation to establishing post adoption contact.

In formulating an adoption plan, consideration should be given to the nature and form of contact between the child and members of his/her birth family after adoption, particularly if another child or children remain with a member of the birth family.

Contact can take a variety of forms, from the annual exchange of information through the agency to face-to-face contact. A decision to terminate face-to-face contact may be made as part of the care proceedings. Decisions regarding contact must be based on a clear assessment of the child's needs and the attitudes of birth families.

5. Counselling the Child

The Adoption and Children Act 2010 require that where adoption is being considered the social worker must ensure that the views of the child are known, depending on his/her age and understanding and that counselling should be offered.

A child will need opportunities to explore his/her anxieties about moving to an adoptive family and, as far as possible, to understand what adoption means.He/she will need reassurance and information about their birth family, which will help them move to their new family.The style and method of preparing a child for adoption will be determined by their age and understanding, but thorough preparation will be fundamentally important to a successful adoption placement. Advice and support is available from the family placement team or through SAFSS

Foster Carers will have an important role in this work, and social workers alongside the carer’s family placement worker, should plan with the carer how it will be done.

The Children’s Guide and other relevant books should be used in preparing the child.

6. Counselling of Birth Parents

The Adoption and Children Act 2011 requires that where an adoption plan is being considered, counselling must be offered to the child's birth parents.

Birth parents should be offered counselling by someone who has not been involved in the decision making process. This is particularly important for parents who wish to be involved in the letter box contact scheme. Salford has commissioned an independent counselling service for birth family members. The service is for adults and is open to birth parents and other close relatives who may be affected by the child being placed for adoption including grandparents

In all cases where an adoption plan is being considered the child's social worker should make a referral for counselling via the Adoption Team. The referral should be made on form BP1 and passed to the Post Adoption Support Worker, based at the Adoption Team.

Given the acrimonious nature of court proceedings many birth parents do not wish to engage with counselling at least until a final decision is made about their child’s future. Nevertheless it is important that they are made aware of the availability of counselling and the help it may give them in understanding the implications of the plans under consideration.

An information leaflet about the counselling service will be sent to birth parents following the child being presented to Adoption and Permanence Panel for the SHOBA decision.

When a child is presented at panel for formal linking a further letter from the agency will be sent to birth parents to remind them of the counselling service.

When the Adoption Order is granted a letter will be sent to birth parents encouraging them to access counselling if they wish.

The purpose of counselling is to ensure that parents fully understand what adoption means and to give them an opportunity to deal with the emotional impact adoption may have.

  • Counselling should address
  • Birth parents wishes and feelings about the child and their sense of loss
  • Legal implications of adoption including Parental Responsibility and Contact
  • Procedure for placement.

Birth parents will need to be encouraged to provide as much background information to include in the CPR. They need to understand that the information is for the child and will be used to help matching to a suitable family and help in dealing with identity issues in the longer term.

7. Relinquished Babies

Salford, alongside colleagues in Adoption 22 and CAFCASS have produced a procedure for the placement of relinquished babies.

There are occasions when a birth parent may request that her/his child be placed for adoption. The Adoption Agencies Regulations require that counselling is offered to parents that are considering relinquishing their child. These cases should always be referred to the Adoption Team who will undertake this counselling.

On occasions this will take place prior to the child’s birth and, if, when born, adoption is still requested then the child will be accommodated in foster care. A request will be made by the adoption worker to the RIAT team to allocate a social worker to carry out the statutory duties in respect of the child, including the completion of the LAC documentation.

Cases involving relinquished babies may not meet the Directorate’s threshold for obtaining a social work service or for a child to be accommodated. However, there is an overriding legal entitlement for a mother/parent to relinquish a baby for adoption after counselling and adoption agencies are obliged to offer a service in this situation.

The allocated adoption social worker will be responsible for completion of the CPR on the child however it is likely that there will be close working between the child’s social worker and the adoption social worker.

The adoption worker will be responsible for listing the matter to be considered at Adoption & Permanence Panel and keeping the birth parent informed of any recommendations and Agency Decisions. The adoption worker should also inform CAFCASS who will arrange for the appropriate consents to be witnessed.

Ensuring a child’s safety is paramount. Should the birth parent change her/their minds about placing the child for adoption or suggest that the child might be placed elsewhere, consultation should take place with the Team Managers, Adoption and RIAT or LAC Team so that a decision can be made regarding the necessity to undertake an assessment to ensure that the child is adequately safeguarded. Such assessments will be undertaken jointly between the adoption worker and allocated social worker. A legal planning meeting may be required and a decision made about instigating any legal procedures. Whilst counselling and support will be offered to a birth parent the needs of the child must always remain paramount.

8. The Adoption and Permanence Panel

The Adoption and Children Act 2011 require that all local authorities establish an adoption panel. The panel is an independent body, chaired by someone who is not connected to the local authority or the agency. The panel is constituted from a diverse group of people with a range of experience and expertise in adoption and permanency planning.The panel is therefore able provide both scrutiny and validation of the work undertaken by the Department.

The Adoption Panel has 3 main functions in relation to children and families. It must consider:

  • The case of every child referred to it by the adoption agency and makes a recommendation to the agency as to whether the child should be placed for adoption (SHOBA)
  • It must also consider and give advice to the agency about:
  • The arrangements which the agency proposes to make for allowing any person contact with the child
  • Where the agency is a local authority, whether an application should be made for a Placement Order
  • The case of the prospective adopter referred to it and makes a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child
  • It may also consider and give advice about the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background
  • The proposed placement referred to it and makes a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.

It must also consider and may give advice to the agency about:

  • The authority’s proposal for the provision of adoption support services for the adoptive family;
  • The arrangement the adoption agency proposes to make for allowing any contact with the child; and
  • Whether Parental Responsibility of any parent or guardian or the prospective adopter should be restricted and, if so, the extent of any such restriction

Salford Adoption & Permanence Panel also considers:

  • Consideration of all children under 10 and sibling groups where at least one child is under 10 years where the plan is for long term fostering, placement for Special Guardianship or Residence
  • Approval of carers for long term fostering of Special Guardianship or Residence
  • Matches in respect of long term fostering or Special Guardian or Residence
  • Payment of allowances in respect of above.

9. Planning for Permanence

Within 2 months of the decision being ratified in a statutory review that adoption is the plan the child’s social worker will prepare BAAF Form CPR for presenting the child at the Adoption and Permanence Panel. The child must have been considered by the Adoption and Permanence Panel and have the agency decision confirmed prior to the submission of the final care plan to the court.

The Adoption Agencies Regulations stipulates that social workers involved in making adoption plans have relevant experience and qualifications. These are that they have at least 3 years post qualifying work in child care, including experience of adoption. If a worker does not have this experience they will need to be managed by a person with suitable qualifications.