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cefsocialwork · 7 years

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Intermediary Services

This applies only to adoption orders made before 30 December 2005.

AMENDMENT

This chapter was updated throughout in March 2015 in line with the Adoption Information and 'Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014'.

Contents

Introduction What are Intermediary Services? Who May Apply for Intermediary Services? Receipt of Applications Contacting the Appropriate Adoption Agency Deciding Whether to Proceed with the Application Procedure for Dealing with Accepted Applications

1. Introduction

On 30 December 2005, legislation came into force assisting persons adopted before that date to obtain information about their adoption and to facilitate contact between them and their birth relatives.

With effect from 31 October 2014, further legislation extended this to persons having a Prescribed Relationship with an adopted person. This will include all relatives of adopted adults, from children and grandchildren to civil partners and adoptive relatives. Intermediary agencies may accept applications from a person with a Prescribed Relationship to an adopted person for assistance in contacting a relative of an adopted person and vice versa. This allows, for example, descendants to obtain information about family medical history in relation to inherited diseases.

2. What are Intermediary Services?

Intermediary services are defined as:

Assisting adopted persons who were adopted before 30th December 2005 and are 18 or over, to obtain information in relation to their adoption; Facilitating contact between such adopted persons and their relatives; and Facilitating contact between persons with a Prescribed Relationship to an adopted person and relatives of the adopted person. Local authorities do not have a statutory duty to provide such a service but where they do so, the Regulatory Authority should be notified.

Intermediary agencies and those involved in providing information to such agencies may charge a fee.

In all cases, the provision of an intermediary service involves:

Establishing that the applicant/subject/adopted person are 18 or over; Undertaking preparatory work with the applicant, including the provision of information about the available services and the possible impact of using them, including the Adoption Contact Register and qualified and absolute vetoes; Obtaining information from a range of sources (adoption agencies, the Registrar General, the Courts); Using the information to trace and contact individuals; Obtaining the relevant informed consent; If consent has been obtained, disclosing to the applicant in appropriate cases the information obtained by the intermediary agency; Acting as an intermediary between the parties, and facilitating contact/information-sharing between them; Providing counselling, support and advice to the parties about the process.

3. Who May Apply for Intermediary Services?

Provided that the applicant/subject/adopted person are aged 18 or over, an intermediary agency may accept an application from:

An adopted person for assistance in contacting a relative of his; A relative of an adopted person for assistance in contacting; The adopted person; or A person with a Prescribed Relationship to the adopted person; or A person with a Prescribed Relationship to an adopted person for assistance in contacting a relative of an adopted person. The Adoption Service will consider applications from residents of the local authority area or where the adoption was arranged by their service or where the Adoption Case Record is held by the service.

4. Receipt of Applications

Where an application is made, the Adoption Service will first verify the identity and age of the applicant through the production of the person's passport, driving licence or birth/adoption certificate; and that the subject/adopted person is also an adult. The agency must also verify the identity of any person acting on behalf of the applicant and that he or she has the authority to do so.

The agency must also verify the relationship with the adopted person.

All verified applications for intermediary services must be passed to the Adoption Service Manager, who will decide whether the application can be accepted.

Where an application is accepted, applicants must be informed in writing of the likely scale of charges that will apply and asked to confirm their wish to proceed on this basis.

Where the applicant confirms a wish to proceed, the case should be allocated to a social worker from the Adoption Service.

Where an application is not accepted, the applicant must be informed in writing of the reasons and advised about the contact details of other agencies which may be in a position to help them.

5. Contacting the Appropriate Adoption Agency

Where the intermediary agency is not the adoption agency that arranged the adoption, the allocated social worker must take steps to identify the relevant adoption agency by making enquiries of the Registrar General.

If the Registrar General does not hold the information, s/he will provide details of the Court which made the Adoption Order. The allocated social worker must then make enquiries of the Court and the local authority for the area where the Adoption Order was made with a view to identifying the adoption agency involved

In making the above enquiries to identify the relevant adoption agency, the allocated social worker may provide sufficient information to the Registrar General, Court and relevant local authority, including identifying information about the applicant and the subject, to enable them to properly check their records.

Where the adoption agency is identified, enquiries must be made of that agency to establish if a Veto has been registered by the adopted person and/or if the adopted person has ever registered their views as to any future contact with any birth relative; any future contact between people with a Prescribed Relationship to him/her and his/her relatives, or being approached with regard to such contact. The intermediary agency must take account of those views in deciding whether to proceed with the application.

The intermediary agency must also seek from the adoption agency any other information required for the following purposes:

Tracing the adopted person and, where the adopted person is not the subject, any other subject; Enabling the adopted person to make an informed decision as to whether s/he consents to; The disclosure of identifying information about him/her; An application proceeding to facilitate contact between a relative and a person with a Prescribed Relationship; or Contact with the applicant. Enabling any other subject to make an informed decision as to whether s/he consents to; The disclosure of identifying information about him/her; or Contact with the applicant. Counselling the subject and, where they are not the subject, the adopted person in relation to that decision; and Counselling the applicant. The intermediary agency must also establish the adoption agency's views on the application and the proposed contact between the applicant and the subject. The adoption agency's views must be taken into account by the intermediary agency before deciding whether to proceed with the application.

Where the adoption agency cannot be identified or the adoption agency is not able to provide sufficient information to trace the subject, the allocated social worker may seek additional information from the Registrar General, for example any information held on the Adoption Contact Register or a certificate from the Adopted Children Register or, in order to establish the post-adoption identity of the adopted person, any information which links an entry in the Register of Births to an entry in the Adopted Children Register.

6. Deciding Whether to Proceed with the Application

6.1 No Obligation to Proceed if not Appropriate

There is no obligation to proceed if it would not be appropriate to do so, and there is a discretion as to whether to continue with the application. In deciding whether to proceed, regard must be had to the welfare of the applicant, the subject of the application, the adopted person, and any other person who may be identified or otherwise affected by the application, together with all the other circumstances of the case.

6.2 Restrictions on Proceeding with an Application

6.2.1 Application from a Relative of an Adopted Person for Assistance in Contacting the Adopted Person

Must not proceed if a Veto applies, except where the circumstances are within the scope of a qualified veto; The intermediary agency must not disclose to the applicant any identifying information about the subject without the subject’s consent, unless the subject has died or is incapable of giving informed consent. All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.

6.2.2 Application from a Relative of an Adopted Person for Assistance in Contacting a Person with a Prescribed Relationship to the Adopted Person

Must not proceed if

A Veto applies, except where the circumstances are within the scope of a qualified veto; The adopted person does not consent to the application proceeding, unless: The adopted person has died; or The intermediary agency determines that the adopted person is incapable of giving informed consent. All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.

6.2.3 Application from a Person with a Prescribed Relationship to an Adopted Person for Assistance in Contacting a Relative of the Adopted Person

Must not proceed if the adopted person does not consent to the application proceeding, unless:

The adopted person has died; The intermediary agency determines that the adopted person is incapable of giving informed consent; All reasonable steps have been taken to locate the adopted person, but they cannot be found; The applicant is Either the spouse, child, grandchild or great grandchild of the adopted person; and Is seeking to contact the relative of the adopted person only to obtain information about the medical history of the adopted person’s relatives; and No information is disclosed which would enable the adopted person, any relative of the adopted person or any person with a prescribed relationship to the adopted person to be identified or traced. All reasonable steps must be taken to ensure that the adopted person has sufficient information to make an informed decision.

Where the Subject/Adopted Person has Died

Where it is discovered that the subject of the application/the adopted person has died, the allocated social worker should obtain the views of the next of kin and other family members before a decision is made whether to disclose any identifying information. The decision should take account of their views and have regard to their welfare.

Where the Subject/Adopted Person Cannot Give Informed Consent

Where it is discovered that the subject of the application/ the adopted person cannot give informed consent for example because of a learning difficulty, the allocated social worker should obtain the views of other family members and other significant people involved with the subject before a decision is made whether to disclose the identifying information. The decision should take account of their views and have regard to their welfare.

6.3 Discretion to Disclose Non-Identifying Information

Notwithstanding a Veto preventing a birth relative making contact with the adopted person, or an absence of consent, the intermediary agency may decide to pass non-identifying information to the applicant where the circumstances of the case justify it. This may include information about the subject's family circumstances, general health or well being, but must not include information by which the subject can be identified.

In exceptional circumstances, the birth relative may apply to the High Court for an Order allowing the disclosure of identifying information held by the Registrar General.

7. Procedure for Dealing with Accepted Applications

7.1 Provision of counselling

Where an application is accepted, the allocated social worker must provide written information about the availability of counselling to:

The applicant; The subject of an application who is considering whether to consent to disclosure of information about him/herself to the applicant; or An adopted person considering whether to consent to an application proceeding. This will include information about agencies that provide counselling in the relevant area and any fees which may apply.

Where the applicant indicates a wish to receive counselling, the allocated social worker must ensure that the person receives the counselling, which may be through another agency. Where another agency is used, the allocated social worker should ensure that the counsellor will have the necessary skills and experience to do so.

Where a referral is made to another agency, the allocated social worker should then provide the agency carrying out the counselling with sufficient information about the applicant and/or the subject to enable the counselling to be beneficial. 7.2 Applications by Adopted Adults

Where an adopted adult applies for an intermediary service, they may request the adoption agency to obtain the tracing information on their behalf and approach the adult birth relative. Alternatively they may have carried out the research already and traced the relative - adopted adults at the age of 18 have the right to apply to the Registrar General for the information needed to obtain a copy of their original birth records and may also apply for access to their Adoption Case Record - see Access to Birth Records and Adoption Case Records Procedure. In these circumstances they may request that the first contact is made by the agency.

7.3 Applications by Relatives

Applications may be received from a relative of an adopted person for assistance in contacting

The adopted person; or A person with a Prescribed Relationship to the adopted person. Where an adult relative applies for an intermediary service, the allocated social worker should request information from the applicant to enable the current identity of the relevant adopted adult/persons with a Prescribed Relationship to them, to be established. The allocated social worker should then take any steps required to trace them, including contacting other adoption agencies and/or the Registrar General.

7.4 Applications by Persons Having a Prescribed Relationship to the Adopted Person

Applications may be received from:

A relative of an adopted person for assistance in contacting a person with a Prescribed Relationship to the adopted person; or A person with a Prescribed Relationship to an adopted person for assistance in contacting a relative of an adopted person. The allocated social worker should request information from the applicant to enable the current identity of the relevant relative of the adopted person/persons with a Prescribed Relationship to the adopted person, to be established. The allocated social worker should then take any steps required to trace them, including contacting other adoption agencies and/or the Registrar General.

7.5 Confidentiality

Information obtained or held by the intermediary agency must be treated as confidential, but the agency may disclose such information (including identifying information) as is necessary:

To the Registrar General or to the court for the purpose of identifying the appropriate adoption agency; To the appropriate adoption agency for the purposes of ascertaining its views or seeking information; To the subject to enable him/her to make an informed decision on disclosure of information; To a person providing counselling in connection with an application; To the adopted person to enable him/her to make an informed decision about whether to consent to an application proceeding.

7.6 Discontinuance

Just as, upon receipt of an application, there is no obligation to proceed if it would not be appropriate to do so, there is an ongoing discretion as to whether to continue with the application. In deciding whether to continue, regard must be had to the welfare of the applicant, the subject of the application, the adopted person, and any other person who may be identified or otherwise affected by the application, together with all the other circumstances of the case.

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cefsocialwork · 7 years

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Adoption Support

RELEVANT GUIDANCE

Financial Support Procedure

Notification form for the providers of adoption support agencies

RELEVANT CHAPTER

Adoption Service Statement of Purpose Procedure

See also The Adoption Passport: a support guide for adopters

AMENDMENT

This chapter was updated in March 2015 in line with the Children and Families Act 2014. A new Section 2, Duty to Provide Information Concerning Adoption Support, was added.

In addition, additional detail is provided in respect of the Adoption Mailbox and payments that can be made.

1. What is Adoption Support?

Adoption Support includes any support likely to be required for an adoptive placement to endure through to adulthood and is applicable to both existing and new situations.

Bolton Adoption Service will provide a comprehensive package of adoption support services to children, birth parents and siblings, prospective adopters and adoptive parents(and their children), prior to placement, prior to adoption, and post adoption.

Local authorities do not have to provide the services themselves but must have made arrangements for services to be provided by voluntary or other agencies such as Health or Education.

2. Duty to Provide Information Concerning Adoption Support

Under the Children and Families Act 2014, the local authority has a duty to provide information on adoption support services to:

Anyone contacting the authority to request information about adopting a child; Anyone informing the authority that (s)he wishes to adopt a child; Any parent of an adopted child within the authority's area who requests the information; Any parent of an adopted child within the authority's area of whom the authority is/becomes aware (eg where a parent rings about an Education, Health and Care Plan Assessment and it becomes clear that the child is adopted). Information must be provided about:

The full range of adoption support services available in the local authority area. This includes, but is not limited to, therapeutic services, assistance in relation to contact arrangements, and financial support; The right to request an assessment for adoption support services (at any time); The address and telephone number of the authority's Adoption Support Services Adviser; The availability of assessments for adoption support services for persons outside the local authority area, so that parents understand which local authority is responsible for assessing their support needs; Contact details for first4adoption and the local the web-based information service which provides information about adoption; Priority school admissions (where relevant). Details can be found at GOV.UK; Priority council housing and Discretionary Housing Payments; The entitlement to early education from the age of two (from September 2014); How to make a complaint, both under the local authority complaints procedure and to the Local Government Ombudsman; Any other relevant services provided by the local authority; Any other information that the local authority considers relevant. The following information must also be provided to potential and prospective adopters:

Details of where to find information about adoption pay and leave. Details can be found at GOV.UK; Information about the right to receive a copy of the child's permanence report, including a summary of the medical adviser's report on the health of the child, before the child is placed with them for adoption; The entitlement to a Life Story Book (see Life Story Books Guidance). This should include who provides the life story book, what it includes and what it can be used for. When a person requests information about a specific service, the local authority must ask whether they would like any of the other information as well.

Information does not need to be provided where:

The local authority has provided all the necessary information in the last 12 months and none of the information has changed substantively; A person has informed the local authority that they do not wish to receive the information (unless the authority considers it appropriate to do so); Where the information has already been sent, eg where the same person requests the information a number of times in a short period. If the local authority refuses a person's request for information, it should give reasons for the refusal and signpost the person to the website that holds the information.

3. Examples of Adoption Support

See also Bolton Adoption Passport: Support Guide for Adopters.

Adoption support is defined as including:

Financial support to adopters. This can include paid adoption leave at similar rates to maternity and paternity leave (See GOV.UK website); Priority access to social housing, and access to additional support to cover a spare room whilst adopters wait for their child to arrive in their new home; Priority admission for school places, including academies and free schools; Services to enable groups of adoptive children, adoptive parents and birth parents to discuss matters relating to adoption; Assistance, including mediation, with contact arrangements between adopted children and their birth parents or others with whom they share a significant relationship; Therapeutic services for adopted children; Assistance to adoptive parents and children to support the adoptive placement and enable it to continue, including respite care; Assistance to adoptive parents and children where a placement disrupts or is at risk of disruption; A range of adoption support services, including access to counselling, information and advice for both adoptive parents and their children, who may have complex needs; Assistance with cross boundary matters; Intermediary Services - see Intermediary Services Procedure. Support provided under 4) to 8) above may include cash assistance, although this would not be regarded as financial support.

4. When to Assess the Need for Adoption Support

4.1 In relation to adoptions arranged by the agency, practitioners must assess the need for adoption support at the following stages of care and permanence planning: When preparing the Child's Permanence Report for presentation to the Adoption Panel as to whether the child should be placed for adoption; When preparing the Prospective Adopter's Report for presentation to the Adoption Panel as to the suitability of prospective adoptive parents to adopt; When considering and preparing the Adoption Placement Report for presentation to the Adoption Panel in relation to the proposed placement of a child with particular prospective adopters. 4.2 In relation to placements arranged by the agency, adoption support must also always be considered at a child's Adoption Reviews following the adoptive placement. See Adoption Reviews Procedure. 4.3 Local authorities must also undertake assessments of need for adoption support at the request of the following: Children who may be adopted, their parents or guardians; Persons wishing to adopt a child; Adopted persons, their parents, birth parents and former guardians; Other children of adoptive parents (whether or not they are adopted); Birth siblings of adopted children; Relatives of the adopted child or other persons with whom the child has a beneficial relationship. The requirement to assess the need for support is limited to the entitlement to services of the person making the request. As well as adoptions arranged by the local authority, children adopted from abroad are entitled to be assessed for therapeutic services and disruption support. It is only where the adoption is by a step parent that there is no requirement to carry out an assessment, although in such cases, counselling, advice and information may be offered as appropriate.

5. Adoption Support Service Advisor (ASSA)

This role will be held by the Bolton Adoption Team Manager. The day-to-day adoption support services will be provided for within the adoption team and specifically by the adoption support social workers.

6. Which Local Authority Should Carry out the Assessment?

The table on the next post sets out which local authority has responsibility for carrying out the assessment of need for adoption support, and in what circumstances.

7. Which Local Authority Should Provide Support?

The local authority responsible for carrying out the assessment of need should provide support to meet the identified needs.

The exception to this is where ongoing financial support and/or supporting contact arrangements have been agreed by the placing authority before the Adoption Order was made, in which case the responsibility to provide such support will remain with that authority for as long as eligibility for the service continues.

8. Process of Assessment for Adoption Support

The assessment should take account of the adoption context and, where the assessment relates to the child, all the developmental needs of the child should be covered including health, education and emotional needs, and contact issues. The relevant education service and health trust should be consulted as necessary.

Assessments of need for adoption support under paragraph 4.1 (a) and (b) above should be carried out by the child's social worker and/or the prospective adopters' social worker as appropriate prior to being presented to the Adoption Panel. The assessment under paragraph 4.1.(c) at the time of the child's proposed placement with prospective adopters should be considered at the Matching Meeting and also have the approval of the Designated Manager (Adoption Support) prior to being presented to the Adoption Panel with the Adoption Placement Report. At all stages, the Adoption Panel must consider and may give advice on the proposed adoption support and this advice will be considered by the Agency Decision Maker, before making a final decision on the contents of the Adoption Support Plan - see Placement for Adoption Procedure.

Any assessment (under paragraph 4.2) considered necessary at an Adoption Review, as a result of which a change in the Adoption Support Plan is required, should be referred to the District Team Manager who will consider whether the case should be referred back to a Service Manager or the Agency Decision Maker.

Post adoption requests for assessment for adoption support under paragraph 4.3 above will be allocated to a social worker to carry out an assessment, with advice from the Adoption Support Services Adviser as necessary. The assessing social worker will usually need to interview the person being assessed - where this is a child, the adoptive parents will also need to be interviewed depending on the case and the age, understanding and wishes of the child.

Where an assessment is carried out as a result of a request under paragraph 4.3, a written report of the assessment should be produced and agreed by the Designated Manager (Adoption Support). All requests for financial support or commissioned services must be referred to the Head of Service Children's Resources.

A copy of the assessment report, once approved, should be sent to the person assessed with notice of the outcome of the assessment, which should state:

The person's assessed needs for support; Whether the local authority proposes to provide adoption support services and if so, what the proposed services are; Where the assessment relates to the need for financial support, how this has been determined and calculated and the conditions to be attached, (see Section 12, Financial Support). Where the person assessed is a child, and it is not appropriate to send the notice to the child, notices should be sent to the adoptive parent or the most appropriate adult.

An assessment will not be required before providing advice and information.

Where an assessment is carried out as a result of a request under paragraph 4.3, a written report of the assessment should be produced and agreed by the Head of Service (Adoption Support).

9. The Adoption Support Plan

9.1 Contents of Adoption Support Plan

An Adoption Support Plan should set out clearly:

The objectives of the plan and the key services to be provided; The timescales for achieving the plan; Those responsible for implementing the plan and the respective roles of others; what should be provided, when and by whom; The criteria that will be used to evaluate the success of the plan; The procedures that will be put in place to review the services to be provided and the plan. The Adoption Support Plan will need to be completed after consultation with the appropriate Health Trust, CAMHS or education service where any special arrangements may need to be made. Where the child is placed in the area of another local authority, the agencies in that authority's area will need to be consulted as to what services may be available for the adopters and the adopted children. In these circumstances, the prospective adopters should be assisted with any cross-boundary issues that may arise.

The Adoption Support Plan should include any proposed financial support, how the amount has been calculated, where it is to be paid in installments - the frequency of payment, the period over which it will be paid and when the first payment is to be made, the conditions and the consequences of failing to meet them and the arrangements for review, variation and termination, (see Section 12, Financial Support). All requests for financial support or commissioned services must be referred to the Head of Service Children's Resources.

9.2 Consultation with proposed recipients of adoption support

Once a proposed Adoption Support Plan has the approval of the Designated Manager (Adoption Support), a copy should be sent to the proposed recipients of the support, as well as to any party involved in the delivery of the plan.

The recipients of the proposed support should be given 10 working days to consider the proposals and make representations to the local authority about the proposed plan. Any representations made should be considered by the Designated Manager (Adoption Support), who will amend the draft plan as appropriate and inform the recipients of the outcome of his or her consideration.

9.3 Approval of Adoption Support Plan

In relation to proposed agency adoptive placements, the proposed Adoption Support Plan will be submitted to the Adoption Panel when the proposed placement of a child with particular prospective adopters is recommended. The final Adoption Support Plan will be approved, taking into account any advice given by the Adoption Panel. See Placement for Adoption Procedure.

In relation to other situations in which adoption support is proposed, the Adoption Support Plan will be approved by the Designated Manager (Adoption Support).

9.4 Distribution of Adoption Support Plan

A copy of the final plan should go to all those involved in implementing it, and to the recipients of services (or appropriate adult). Where the child has an Independent Reviewing Officer, a copy should be sent to him or her.

9.5 Reviews of Adoption Support Plan

Where adoption support is in place prior to an Adoption Order, the Adoption Support Plan should be reviewed at the reviews of the adoptive placement - see Adoption Reviews Procedure - or at any time if there is a significant change of circumstances, within four weeks of the notification of the change.

After the Adoption Order has been made, the Adoption Support Plan will be reviewed if a change in circumstances is brought to the notice of the local authority. The Adoption Service Manager will decide on the format and content of any such review, which will depend on the circumstances of the case. It may refer to only one element of the Plan or be relatively minor in which case an exchange of correspondence may be sufficient. (For annual reviews of financial support, see Section 12.7, Annual review of support).

Where the change of circumstances is substantial, such as a serious change in the behaviour of the child, it may be appropriate to conduct a new assessment of needs involving other parties.

If as a result of a review, whether before or after an Adoption Order has been made, it is proposed to vary or terminate the support, the proposed change must be referred to the Designated Manager (Adoption Support) for approval, who, in the case of agency adoptive placements, may decide to refer the case back to the Adoption Panel for information and advice and then to the Agency Decision Maker for a decision to be made.

Once approved, the person concerned must be notified of the proposed change, together with a copy of the revised Adoption Support Plan in draft. He or she must then be given 10 working days to make representations on the proposals.

Any such representations should be submitted to the Designated Manager (Adoption Support) whose decision as to the final contents of the revised Adoption Support Plan should take into account any representations made.

Notice of the decision must then be sent to the person concerned with reasons and, where appropriate, a copy of the revised plan.

9.6 Urgent Cases

Where there is an urgent need for support, the support can be provided before a Plan is drawn up but the above procedure should then be followed as soon as possible.

10. Adoption Mailbox

10.1 Adoption Mailbox

An Adoption Mailbox is maintained by Bolton Children's Services Department to support an information exchange in adoption placements. It provides details of agreements between birth parents (or other birth family member) and adoptive parents, of how indirect contact will take place. Information exchanged may include letters, cards, photographs, cd's or children's artwork.

10.2 Making the Agreement:

Each of the parties will be given a Mailbox Information leaflet, which explains how to send information, and the basic principles underpinning a mailbox exchange.

Prospective adoptive parents must be fully apprised of the expectations upon them regarding contact, prior to matching and placement. Their commitment to the mailbox agreement over time is most likely to be obtained if the prospective adopters fully appreciate the reasons for decisions made regarding contact arrangements.

Birth family members should be given details of the dates and intended contents of the exchange. The particular wishes of the birth family members may need to be discussed with the prospective adopters. Birth parents will need to be advised on how to write 'emotionally neutral' information about themselves, and how to address cards or letters, and how to sign themselves off. Details of exchange dates must be clearly indicated on Mailbox Agreement forms when they are completed.

It is the responsibility of the child's social worker to ensure that separate agreements are completed with the parties to the exchange, and that information leaflets are given prior to the making of an adoption order. This will normally be after the child has been placed with the adoptive family.

The Adoption Mailbox agreements should be witnessed by the person who assists in their completion.

The child's social worker may need to enlist the help and assistance of the family finding social worker and the link worker for the adoptive family in completing the agreements.

During this process birth parents need to be reminded about the independent counselling services, available to them. Bolton has a contract with 'Caritas' to provide this service. Counsellors there can assist parents in dealing with the emotional impact of losing a child through adoption. The information about this service should be provided in writing. Birth parents/relatives should already have been advised of this service once the adoption plan was confirmed and following the Agency Decision for adoption. A referral can be made either by the person themselves, by the child's social worker or by the adoption team social worker, with their agreement.

Mailbox agreements should also be established for siblings, and mailbox agreements made between their carers. Where siblings of adopted children are placed with birth family members,; the agreements should be made in the same way as for other birth family members.

Where Mailbox contact is between an adopted child and a child placed with birth family members, extreme care must be taken to protect the confidentiality of the adoptive family. The birth family form is to be used for the birth family members concerned.

Completed agreements should be given to the adoption administrative officer to input onto the Mailbox spread sheet and to be made into a mailbox file.

The child's social worker retains responsibility for ensuring that mailbox agreements from all parties are completed. The mailbox co-ordinator will not accept agreements and set up a mailbox file until all agreements have been completed and signed by all parties.

10.3 Procedure for the mailbox exchange:

On receipt of all the agreements from birth parents/relatives and adoptive families a new file will be created with the child's adoptive name and exchange date(s) displayed on labels on the front of the file. A mailbox file will NOT be set up and exchanges will NOT commence until all signed agreements have been returned to the mailbox administrator by the child's social worker.

On receipt of all agreements the mailbox administrator will input detail of birth and adoptive family onto the Mailbox Database.

The administrative officer will update information on the database whenever they become aware of or have been informed of a change of address, or of the details of the exchange takes place. The same changes will be recorded on the mailbox file in the Adoption cabinet.

In the event of there being a need for discussion with any of the parties, the Adoption Support social worker will be informed of the reason for this. The Adoption Support social worker will take appropriate action to resolve the issue raised, and record the outcome in the Mailbox file.

All items are to be sent by RECORDED DELIVERY.

The Mailbox administrator will check the mailbox database on a monthly basis. If information is not received by the Mailbox two months after the agreed time, a written reminder will need to be sent. A copy of the reminder letter will be placed on the file. Mailbox administrator will also send out reminder letter following contact from birth family/adoptive family chasing up contact letters.

11. Support for Birth Parents

Services to birth families will be provided sensitively and will ensure that birth parents have access to all relevant information and records that form part of the adoption process and that they can choose to be involved in gathering information for their child.

Birth Parents will receive counselling and other services from Bolton Adoption Service and will be helped by the agency to understand the emotional and legal effects of adoption and of the alternatives to adoption.

Birth parents will be informed about their right to make representations and complaints and advised who can help with this.

Wherever possible, Bolton Adoption Service will provide birth parents with access to a social worker with specialist skills and knowledge who is not the social worker for the child. Birth parents will be provided with information at all stages of the process about access to independent support from 'Caritas', a counselling service commissioned by Bolton Adoption Service.

Birth parents will be helped to record their views or to have someone speak on their behalf. When their views differ from the plan for the child, these views will be recorded accurately and in full. Wherever possible, the child's social worker will take account of birth parents' views in the choice of a new family, the child's religious and cultural upbringing; and their views on the placing of the child's brothers and sisters or the nature of contact between them.

The child's social worker will consider birth parents' wishes when contact arrangements are made. Birth parents will be provided with a written contact arrangements agreement at the time of the placement. This will detail what information is to be available, how it is to be exchanged and the nature of future contact.

12. Financial Support

12.1 Introduction

Financial support is intended to supplement existing means of support available to adoptive parents and the child or children being adopted. Adopters must be given advice of entitlements to employee's rights to leave and pay, benefits, tax credits and allowances, and these should be taken into account when considering amounts of financial support. See Section 2, Duty to Provide Information Concerning Adoption Support.

12.2 Criteria

The circumstances in which provision of financial support may be paid are as follows:

Where it is necessary to ensure that adoptive parents can look after a child; Where the child needs special care which requires a greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of neglect - and the child's condition is serious and long-term; Where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of the age or ethnic origin of the child or the desirability of the child being placed with siblings or a child with whom he/she has previously shared a home; Where such support is to meet the recurring costs of travel for visits for the child to members of the birth family/significant others; Where the local authority considers it appropriate to contribute towards expenditure on legal costs, including Court fees (in cases where the adoption is supported by the local authority), or expenses associated with the child's introduction to adoptive parents or expenditure on accommodating the child (e.g. adaptations to the home, furniture, clothing or transport). 12.3 Types of Payment

Expenses During Introductions - Travelling expenses for adopters during the period of introductions will be paid at a standard mileage rate. If it is necessary for adopters to incur accommodation costs to facilitate the process, reasonable costs will be met in full. These must be agreed by the Head of Service Children's resources

An Initial Settling In Grant - This is a standard, non-means tested grant which is payable for all children who meet the eligibility criteria moving into new placements. The settling in grant is not payable for children who are being adopted by their former foster carers. Court Fee Applying for an Adoption Order- The cost of the application will be reimbursed where families are applying to the court to adopt a Bolton child who was previously Looked After.

Regular Financial Support - is only payable for children who meet the eligibility criteria and payment of regular financial support is subject to a means test. Any proposal for regular financial support must be considered by the district team manager and approved by the Head of Service Children's Resources, before application forms are provided by the child's social worker.

Adopters who wish to be assessed for regular financial support must complete an application form and provide proof of all income and expenditure. Failure to do so will result in a delay in processing the application and could affect the start date of any financial support.

All income available to the family and the child will be taken into account. Foster children (and any associated payments) are not regarded as part of the family for the purposes of the means test, nor are any adoption or special guardianship allowances which have already been paid to the family.

Expenditure for the family and the adoptive child will be taken into account.

All adopters should be advised to undertake a benefits check to make sure they are aware of all the benefits they are able to claim (e.g. Tax Credits, Child Benefit etc).

The financial assessment will be undertaken based on the income available to the family when the child is placed. Adopters can be reassessed three months after the placement is made if there is uncertainty about their benefit entitlement at the time of placement.

All available benefits available to adopters must be claimed. If adopters do not claim available benefits despite their financial support may be reduced

All payments will be made by BACS. A form will be sent to the adopters with the application form.

All cases will be reviewed annually. Financial support will be reassessed with effect from the date of review. If the form is not returned by the deadline, financial support may cease and may not be backdated to the review date.

Where a change in the adopters' financial circumstances occurs at any time which may affect the level of financial support, the adopters must notify the Finance Team in writing, with the necessary proofs, and the financial support will be re-assessed accordingly. Any over-payments made as a result of failure to report changes in financial circumstances will be recovered.

Payments in special circumstances (for example, a child with additional needs or where foster carers adopt a child for whom they are already caring or where adopters incur legal expenses in contested cases). Payment may be in instalments and may end at a time specified by the local authority.

12.4 Assessment for Financial Support

Where regular financial support is considered appropriate, the amount to be paid to adoptive parents may be determined by an assessment of their means. This will take account of the adopters' income and resources (excluding their home), reasonable outgoings and commitments, and the financial needs and resources of the child. (N.B. Support provided under Section 12.2 (v) to assist with legal costs or expenses associated with the child's introduction to the placement will not be subject to an assessment of means.)

As part of this assessment, the adopters should be asked to complete a Financial Assessment Form and the completed form should be forwarded to the Finance Department. The Head of Service Children's Resources will decide the level of support to be included in the draft Adoption Support Plan (see Section 9, The Adoption Support Plan), having regard to this assessment, and obtain budgetary approval as necessary depending on the amount.

In relation to proposed financial support for a new placement, the Adoption Support Plan will be submitted to the Adoption Panel with the Adoption Placement Report when a matching recommendation is being considered. See Placement for Adoption Procedure.

12.5 Notification

The adopters will be sent written confirmation of the decision to provide financial support. This will include the amount and terms of the support and information about annual reviews.

12.6 Terms and Conditions

If it is decided that financial support should be given to adoptive parents, payment may be subject to conditions and a date specified by which the condition is to be met.

Prior to making financial support available to prospective or adoptive parents, they will be required to inform the adoption service:

Of changes to their home address; If the child (for any reason) no longer lives with them; If there are any changes to their financial situation/the resources of the child. Where information is given orally, adoptive parents must confirm this in writing within 7 days.

Should adoptive parents fail to comply with the requirements, the authority may suspend payment of the financial support provided.

12.7 Annual review of support

Adoptive parents must also agree to complete and supply the authority with an annual statement of their circumstances for the annual review.

The adopters should specify the following in the statement:

Their financial circumstances; The financial needs and resources of the child or children; Their home address and whether or not the child or children live at home with them; If there have been any changes to their own or the child/children's circumstances. The Adoption Service will carry out an annual review of the financial support, taking into account the information given. Any proposed variation or termination of the financial support must be notified to the person(s) concerned.

Should adoptive parents fail to supply an annual statement, the authority must send a written reminder and give 28 days to comply. If they fail to comply, the authority may suspend payment of the financial support provided.

12.8 Ending of financial support

Financial support will end in the following circumstances:

When a child reaches age 18, unless he/she continues in full time education or training when support may continue until the end of the course of education or training being undertaken, subject to any other financial support the child may be entitled to receive; Where a child ceases full-time education or training and commences employment; Where a child qualifies for income support or job seekers allowance in his/her own right; Where circumstances have changed significantly and the criteria are no longer met; If a child leaves the adoptive home and this is regarded as a permanent departure. Temporary absences do not apply, e.g. boarding school, hospital, and respite care; The child dies.

0 notes

cefsocialwork · 7 years

Text

Example Special Guardianship Report

CASE NUMBER: DK12P00018

BEFORE THE BOLTON FAMILY PROCEEDINGS COURT

IN THE MATTER OF THE CHILDREN ACT 1989

AND IN THE MATTER OF JOELLE TONI CROSS 13/08/2004

BETWEEN:

PATRICIA ANNE PEARSON Applicant

And

MICHELLE LOUISE CROSS Respondent

__________________________________________________________________

SPECIAL GUARDIANSHIP REPORT PREPARED BY JENNY CHRISTINE FEARN SOCIAL WORKER AND LOUISE ELIZABETH KAY STUDENT SOCIAL WORKER __________________________________________________________________

Issued in accordance with Regulation 21 of the Special Guardianship Regulations 2005.

This report has been prepared for the Court and should be treated as confidential. It must not be shown nor its contents revealed to any person except a party or a legal advisor to such a party. Such legal advisor may make use of the report in connection with an application for public funding.

Report Prepared By: Jenny Christine Fearn & Louise Elizabeth Kay

Tel: 01204 337410

REPORT TO THE COURT WHERE THERE HAS BEEN AN APPLICATION FOR A SPECIAL GUARDIANSHIP ORDER

Section A: The Report and Matters for the Proceedings

Section B: The Child and the Birth Family

Section C: The Prospective Special Guardian of the Child

Section D: The Placement

Section E: Welfare Checklist and Recommendations

SECTION A: THE REPORT AND MATTERS FOR THE PROCEEDINGS

Part 1

The Report

(i) Name Jenny Christine Fearn & Louise Elizabeth Kay

(ii) Local authority and address Bolton Local Authority, Childrens Services, Referral and Assesment. Castlehill Centre. Castleton Street. Bolton

(iii) Role and relation to this case Social workers who were allocated to undertake Special Guardianship Report.

(iv) Qualifications & Experience Jenny Fearn; I have been employed as a Social Worker by Bolton Social Services since 1984 and worked in the Referral and Assessment Team since 1989. I hold the Home Office Letter of Recognition in Child Care. Louise Kay: I have a BSc Psychology Degree (2:1) and am in the final year of my Master Degree in Social Work based on placement with the Referral and Assessment team.

Part 2

Matters for the Proceedings

a) Whether the local authority considers that any other person should be made a respondent or a party to the proceedings, including the child.

The Local Authority does not consider that any other person should be made party to these proceedings.

b) Whether any of the respondents is under the age of 18.

None of the respondents are under 18 years of age.

c) Whether a respondent is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983 as amended by the Mental Capacity Act 2005, is incapable of managing and administering his or her property and affairs. If so, medical evidence should be provided with particular regard to the effect on that person's ability to make decisions in the proceedings.

No respondent has any mental health issues as described under the Mental Health Act 1983 as amended by the Mental Capacity Act 2005.

SECTION B: THE CHILD AND THE BIRTH FAMILY

Part 1 - Information

(i) The Child

a) Name, sex, date and place of birth and address including local authority area. NB – address of the child and local authority area will be supplied to the court on a separate document with the application.

Joelle Toni Cross is a 7 year old female child, born on the 13/8/2004 in Bolton and is currently living with her maternal Grandmother, Patricia Pearson at 30 Castlewood Square, Bolton.

b) Photograph and physical description.

Joelle has mousy brown hair, blue eye and wears spectacles. She is of average height and size. Joelle was born with her toes turned in and one leg shorter than the other causing her to be ‘knock kneed’.

c) Nationality (and immigration status where appropriate).

Joelle is of British nationality.

d) Racial origin and cultural and linguistic background.

Joelle is white British and follows the cultural norms of a white British family. She has English as her first language.

e) Religious persuasion (including details of baptism, confirmation or equivalent ceremonies).

Joelle is Church of England and attends ‘play church’ on a Friday evening. They celebrate traditional Christian celebrations such as Christmas, Easter and Brithdays.

f) Details of any siblings, half-siblings and step-siblings, including dates of birth.

Mr Farrow, Joelle’s Father is said to have two children from a previous relationship however Joelle would not appear to have had any contact with them.Both Ms Cross and Ms. Pearson have no known details about these children or their whereabouts.

g) The extent of the child’s contact with his relatives and any other person the local authority consider relevant.

Joelle currently has regular contact with her mother Ms Cross twice a week which is initiated by Ms Pearson, Maternal Grandmother. Joelle’s contact with Ms Cross is not through any formal court arrangement and is dependent on the relationship between Ms Pearson and Ms Cross and also Ms Cross’ substance misuse. Joelle’s maternal grandfather Mr Cross is the Landlord of a Public house in Bolton town centre where Ms Cross also lives. Mr Cross also has contact with Joelle when she visits her mother Ms Cross. Mr Cross also has frequent contact with Joelle when he visits Ms Pearson and Joelle at their home. Joelle’s maternal Aunt Ms Pilkington has contact with Joelle in particular when Ms Pearson is unable to care for Joelle, for instance at Christmas when Ms Pearson was unwell in hospital. Ms Pilkington makes herself available to care for Joelle at short notice when Ms Pearson has an appointment to attend and also has contact with Joelle at family occasions. Joelle has only had contact with her father once previously arranged by Ms. Cross 21/2 years ago and had not had any contact since and the family do not wish her to do so. Whether the child is, or has been, looked after by a local authority or is or has been provided with accommodation by a voluntary organization and details (including dates) of placements by the authority or organization. NB – if this information needs to remain confidential addresses etc should be supplied to the court on a separate document that is not to be disclosed to the parties

Joelle has never been looked after by the Local Authority or been provided accommodation by a voluntary organization.

h) Whether the prospective special guardian is a local authority foster parent of the child.

The Special Guardian is not a Local Authority foster parent. She is the Maternal Grandmother of Joelle.

i) The child’s personality and social development, including emotional and behavioural development and any related needs.

Joelle presents as an enthusiastic, enegetic and playful child who enjoys receiving attention. Although Joelle is delayed in her development she is very inquisitive. Joelle behaves a little demanding at times when she wants attention or is bored and currently has a Support Worker in place to assist and advise Ms Pearson with Joelle’s care. Joelle’s attitude towards school is negative; she does not enjoy school who feel she struggles to keep up with her peers during lessons. Joelle states she has many friends in school however school state Joelle finds it difficult to make friends and could be described as ‘an outsider looking in.’

j) Details of interests, likes and dislikes.

Joelle enjoys playing with her dolls and teddies, dressing up particularly as Cinderalla as well as going for days out with her Grandmother. Joelle enjoys all things girly. Joelle dislikes school. She struggled to name any other dislikes.

k) A health history and a description of the state of the child’s health which shall include any treatment the child is receiving.

Joelle attends the G.P.’s surgery in relation to her asthma which is well controlled. She is currently taking prescribed medication for asthma which includes Clenil Modulate and Salbutamol. Joelle wears +8 spectacles. Ms Pearson states all of Joelle's injections are up to date.

l) Any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications.

Joelle does not have a Statement. She is particularly struggling with number recognition, reading and writing. Ms Pearson states that Ms Cross was similar with regards to her education when she was at school. Ms Cross was also misusing drug whilst pregnant with Joelle which could have had implications on Joelle’s mental ability and physical health.

m) Names, addresses and types of nurseries or schools attended, with dates.

Joelle attended Suasan Issacs Nursery, Bolton from 26/02/2008 – 31/08/2008. Joelle has attended Church Road School, Captain's Clough Road, Bolton since September 2008.

n) Educational attainments.

Joelle’s, class teacher has stated her attendance is 94.5% with all absences explained. Punctuality is not an issue. Academically Joelle is 2 years behind her peer group functioning at the level of a five year old. Joelle has been seen by an Educational psychologist and although her cognitive assessment is low- average, she does not meet criteria for statementing. It is believed that Joelle is functioning at a lower level than she is capable of. Joelle was assessed as being well settled in school, and benefits from lots of different support. Within the class setting Joelle participates in both individual and group work and is also taken out of class by the teaching assistant. It has been noted Joelle avoids tasks she is set and a scheme of work has been put in place to help with this. Joelle involves herself in a close group of girls who fall out regularly. There had been issues regarding Joelle being enuretic which recently increased when she was due to go into hospital for her teeth extraction. Ms. Pearson received support to address this.

o) Any special needs in relation to the child (whether physical, learning, behavioural or any other) and his emotional and behavioural development.

Joelle was reviewed by the Community Paediatrician in December 2011 due to ongoing behaviour difficulties, for example being aggressive towards her grandmother and attention seeking behaviours. Joelle is on the School Action Plus programme at school. Joelle was seen at CAMHS in August 2011 and was referred to the behaviour and relationship pathway for some one- to- one support. The case was closed on 20/03/2012 as it was felt that as many professionals were already involved services would be duplicated. However it was agreed that they would remain involved in an advisory capacity to other professionals. A referral to the children with disabilities team was discussed as it was thought it would be appropriate in view of Joelles learning difficulties. A worker from the children with disabilities team visited Ms.Pearson to provide her with relevant information. Joelle did not meet the criteria for further involvement with the Children with disabilities. Patricia has completed ‘Triple P’ i.e. positive parenting progammes –at Pikes Lane Centre, Orchids Children’s Centre Farnworth in 2010, and in 2011 Oxford Grove Children’s Centre.

p) Whether the child is subject to a statement under the Education Act 1996.

Joelle is not subject to a statement.

q) Previous orders concerning the child:

There are no previous orders concerning Joelle.

r) Any other relevant information which might assist the court.

There is no other relevant information that might assist the Court.

(ii) Each Parent of the Child

a) Name, date and place of birth and address (date on which last address was confirmed current) including local authority area.

Joelle’s mother is Michelle Cross, born 03/01/1981 at Bolton hospital and is currently living with her father Anthony Cross at the Founders Arms, 18 St Georges Street, Bolton BL1 2EN.

Joelle’s father is Brian Farrow, age 43 (DOB unknown). Brian has met Joelle on one occasion, two and a half years ago and she has had no contact with him since. Ms Cross states she does not know where he was born or hold any information about Mr Farrow’s whereabouts.

b) Photograph, if available and physical description.

Ms Cross is 5ft 2” has green eyes and long brown hair. She is small/ medium build.

Mr. Farrow is said to be 5’7” with dark hair and blue eyes.

c) Nationality (and immigration status where appropriate).

Ms Cross’ nationality is British.

Mr. Farrow’s nationality is British

d) Racial origin and cultural and linguistic background.

Ms Cross is of white racial origin and speaks English.

Mr. Farrow is of white racial origin and speaks English.

e) Whether the mother and father were married to each other at the time of the child’s birth or have subsequently married and whether they are divorced or separated.

Ms Cross and Mr Farrow were not married to one another at the time of Joelle’s birth nor have they ever been married to one another. Ms Cross states she has not seen Mr Farrow for two and a half years and has had no contact with him.

f) Where the parent has been previously married or entered into a civil partnership, dates of those marriages or civil partnerships.

Neither parent has been previously married.

g) Where the mother and father are not married, whether the father has parental responsibility and, if so, how it was acquired.

Joelle’s father Mr Farrow is not named on her birth certificate and therefore does not have parental responsibility.

h) If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity.

Discussed Mr Farrow with Ms Cross and both maternal grandparents who state that his whereabouts are unknown and he has had no contact with Joelle since he last saw her with Ms Cross two and a half years ago.

i) Past and present relationship with the other parent.

Ms Cross said Mr Farrow and herself were together for fifteen months and states he was never violent towards her however he was violent towards others. She said he drank excessive alcohol and that they met through their misuse of drugs.

j) Other information about the parent, where available: i. health, including any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications;

Ms Cross is a long standing drug user and has abused drugs since the age of 14. She takes 90mls Methadone which she collects daily from Marsden Road chemist and is supervised when taking it.She is currently prescribed medication for restless legs, migraines and has deafness in both ears which she believes is a result of taking drugs. Ms Cross denies taking any other substances however her urine sample for December 2011 contained crack cocaine and her results for January 2012 and the 6th February 2012 contained Benzodiazepine. Ms Cross discovered she had Hepititus C when she was 6 months pregnant with Joelle. Joelle could not be tested to see whether she had hepitius C until the age of 1 year when she attended Manchester North Hospital. Joelle was discharged as there were no concerns. Ms Cross is due to receive treatment for this sometime in the near future. Ms Cross is currently attending the community drugs team however Ms Cross’s drugs worker has stated she is not engaging with their service.

ii. religious persuasion;

Ms Cross was christened Roman Catholic but brought up in the Church of England faith. Ms Cross said she does not practice any religion. Ms Cross takes part in traditional Christian celebrations such as Christmas, Easter and birthdays.

iii. educational history;

Ms Cross attended St Catherine’s Bolton Accademy, where her attendance was erratic and she said from the age of 14 she did not attend school. Ms Cross said her mother and father could not force her to attend so she spent the majority of her time with her horse at the stables, prior to becoming involved with a group of friends who introduced her to drugs.

iv. employment history; and

Ms Cross is currently not in employment and has said as a teenager she worked for a short time as a machinist sewing coats for Debenhams and as an apprentice hairdresser in a Salon. Ms Cross stated she then became unwell and started to claim appropriate benefits as she was unable to work.

v. personality and interests.

Ms Cross is quite a warm person and described herself ‘alright to talk to, nice and not a violent person.’ She said she enjoys swimming and going out having a drink.

vi. In respect of the child’s siblings under the age of 18: vii. The person with whom the sibling is living (if confidential provide this in a separate document for the court)

Although Joelle’s Father Mr Farrow is thought to have other children, he does not have parental responsibility and therefore other siblings are not known and have no contact with Joelle.

viii. Whether the sibling is looked after by a local authority or provided with accommodation by a voluntary organization and

N/A

ix. Details of any court order made with respect to the sibling under the Act including the name of the court, the order made and the date on which the order was made

N/A

k) Any other relevant information which might assist the court

There is no other relevant information which might assist the Court.

Part 2

Relationships, contact arrangements and views.

(i) The Child

a) The child’s wishes and feelings (considered in the light of the child’s age and understanding) about

i. Special guardianship

Joelle has some understanding of the Special Guardianship and appears to know what she wants and who she wants to live with. When asked who she would like to live with she stated her Nan- Patricia. When asking Joelle who she would like to live with if her Nan could no longer care for her, she said her Aunt Ms Pilkington.

ii. religious and cultural upbringing

Joelle is Church of England and attends ‘play church’ on a Friday evening. They celebrate traditional Christian celebrations such as Christmas, Easter and Brithdays.

iii. contact with relatives and any other person the local authority consider relevant

Joelle also enjoys contact with her Maternal Aunt Ms Pilkington, which is where Joelle stayed whilst her Nan was in hospital at Christmas. Whilst here Joelle also had contact with Ms Pilkington’s husband Mr Pilkington and their two children Kai and Lee Pilkington.

b) Date when the child’s views were last ascertained.

Joelle’s views were last ascertained on 29/03/2012 when she stated she wanted to continue living with her Nan Ms. Pearson and if her Nan could no longer look after her she said she would want to be cared for by her Aunty Ms Pilkington.

(ii) The Child’s Parents (or guardian) and relatives

a) Each parent’s wishes and feelings regarding: (i) Special Guardianship

Ms Cross has stated she feels there is no other better place for Joelle than living with Ms Pearson and supports this application and has said she would be prepared to accompany her mother to court if so required. Ms Cross said she feels unable to look after Joelle at the moment due to her drug addiction and general health.

As Mr Farrow has no contact with Joelle or any members of the family it has not been possible to ascertain his feelings regarding the Special Guardianship.

(ii) the child’s religious and cultural upbringing

Joelle would continue to celebrate Christian events that are celebrated in the home, for example Christmas and Easter.

b) Each parent’s wishes and feelings in relation to contact.

Ms Cross would like to remain in contact with Joelle and would like her mum to continue looking after Joelle.

c) Date/s when the views of each parent or guardian were last ascertained.

Ms Cross’s views were last ascertained 04/04/2012.

d) Arrangements concerning any siblings, including half-siblings and step-siblings, and whether any are the subject of a parallel application or have been the subject of any orders. If so, for each case give:

Joelle does not have contact with any siblings.

(i) the name of the court;

(ii) the order made, or (if proceedings are pending) the order applied for; and

(iii) the date of order, or date of next hearing if proceedings are pending.

e) Extent of contact with the child’s mother and father and, in each case, the nature of the relationship enjoyed.

Joelle has contact with her mother Ms Cross mostly at the weekend when Ms Pearson brings Joelle to visit her at Mr Cross’ Public House. Ms Cross does not go to Ms Pearson’s house to visit Joelle. The majority of Ms Cross’ contact with Joelle takes place in her present home the Founders Arms- maternal grandfather’s business. From the contact we observed the relationship between Ms Cross and Joelle did not appear to be that of a mother and daughter rather of a sibling relationship. Ms Cross did attempt to play with Joelle and occasionally Joelle would hug Ms Cross and Ms Cross would hug her back. Although we have been told that all contact between Joelle and Ms Cross is supervised (a family arrangement due to Joelle once acquiring a needle stick injury whilst in Ms Cross care) it appears it would be difficult for Joelle to be fully supervised due to the nature of Mr Cross’ work which takes place mainly downstairs in the pub. One could question whether this is the appropriate place for Joelle to have contact, although the alternative arrangement would mean Joelle and Ms Cross would be unsupervised together upstairs.

The relationship which the child has with relatives, and with any other person considered relevant, including:

(i) the likelihood of any such relationship continuing and the value to the child of its doing so; and

Joelle also has a valued relationship with her maternal Aunt Ms Pilkington (Dob 03/02/1969) who she lived with for a short while when Ms Pearson was unwell. Ms Pilkington is the adopted daughter of Ms Pearson and her ex husband. Ms Pearson and Ms Pilkington have discussed what would happen if Ms Pearson was unable to care for Joelle and are both currently in agreement that Joelle would then live with Ms Pilkington and her Husband Ms Pilkington. Ms Cross has stated she has no objection to these arrangements being put in place. This has been discussed with Joelle who is clearly saying considering her chronological age and cognitive development that this is what she would want to happen. Ms Pilkington is a very important person to Joelle, contact with Ms Pilkington is very important now and in the future due to the great possibility that Joelle may need to live with Ms Pilkington at a future date due to Ms Pearson’s age and health issues.

i. The ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs.

Local Authority has spoken to Ms Pilkington and Mr Pilkington to address concerns regarding Ms Pearson’s age and health in relation to Joelle’s best interests. Following Ms Pilkington caring for Joelle whilst Ms Pearson was in hospital early 2012, Ms Pilkington has disclosed she was prepared to look after Joelle on a permanent basis however when Ms Pearson was discharged from hospital she stated she ‘did not feel ready to let Joelle go.’ Joelle then returned to live with Ms Pearson despite Ms Pilkington feeling this was not the right decision at that time. Ms Pilkington has also stated that although she is happy Joelle is living with Ms Pearson, she does not feel this is the best place for her because she feels Ms Pearson’s age may impact on her ability to care for Joelle and to put boundaries and routines into place. Ms Pilkington told of how she at one time when Joelle was living with her she expected she would remain living with her permanently. However this did not happen and when Ms Pearson wanted Joelle to return to her care although Ms Pilkington did not agree with this she allowed this to happen. These issues may well have influenced Ms Pearson’s application for Special Guardianship however Ms Pilkington does not oppose this application.

f) The wishes and feelings of any of the child’s relatives, or of any such person, regarding the child and the dates on which those wishes and feelings were last ascertained.

Ms Cross stated on 04/04/2012 she was happy to support Ms Pearson’s application and felt at this moment in time it was in Joelle’s best interests to remain with Ms Pearson and should this arrangement break down, to go and live with Ms Pilkington. Ms Pilkington stated on the 11/04/2012 that although she is happy Joelle is living with her mum, she does not feel this is the best place for her. Mr Cross stated on the 27/03/2012 he offers support to Ms Pearson with regards to caring for Joelle. When Ms Pearson made the decision to care for Joelle, Mr Cross questioned whether this was appropriate given her age and health however he believes Ms Pearson is currently able to meet Joelle’s needs.

Part 3

SECTION C: THE PROSPECTIVE SPECIAL GUARDIAN OF THE CHILD

Part 1

Information about the Prospective Special Guardian(s), including suitability to care

a) Name, date and place of birth and address (date on which last address was confirmed current) including local authority area.

Ms Pearson (18.04.1945) was born in Townley’s Hospital, Farnworth, Bolton.She lived at 18 Rossina Street, Bolton.

b) Photograph and physical description.

Ms Pearson is 5ft ½ in with brown hair, hazel eye and medium build.

c) Nationality (and immigration status where appropriate)

Ms Pearson is British.

d) Racial origin and cultural and linguistic background.

Ms Pearson is of white British origin and English is her main language.

e) Marital status or civil partnership status, date and place of most recent marriage (if any) or civil partnership (if any) or details of current relationship.

Ms Pearson’s marital status is divorced. She has been in a relationship with Mr Cross since 1980 and although they have chosen to live apart they made this decision as it was felt in Joelle’s best interest not to live in the Public House.They remain very close and have daily contact with each other. Mr. Cross offers some financial assistance to Ms. Pearson in particular in relation to the car which she owns.

f) Details of any previous marriage, civil partnership, or relationship

Ms Pearson married previously to Colin Pearson on the 26.06.1963 and divorced June 1978.

g) Where the prospective special guardians wish to apply jointly, the nature of their relationship and an assessment of the stability of that relationship.

N/A

h) If the prospective special guardian is a member of a couple and is applying alone for a special guardianship order, the reasons for this.

This has been discussed with Ms Pearson who stated she had not thought of making a joint application with her partner Mr Cross. Ms Pearson sees herself as the main carer for Joelle.

i) Whether the prospective special guardian is a relative of the child.

Ms Pearson is Joelle’s maternal grandmother.

j) Relationship (if any) to the child.

Ms Pearson is Joelle’s maternal grandmother.

k) A health history of the prospective special guardian including details of any serious physical or mental illness, any hereditary disease or disorder or disability.

Ms Pearson’s GP Dr. Ariff was contacted who reviewed her medical records and stated that she suffers from Chronic Obstructive Pulmonary Disease, Peripheral Vascular Disease and Osteo Arthritis; all of the illnesses are stable with treatment.

There is no history of any mental illness.

l) Description of how the prospective special guardian relates to adults and children.

Ms Pearson has been observed to have a very good relationship with Joelle. She displays a loving and caring attitude towards Joelle which is reciprocated by Joelle. Ms Pearson has cooperated fully with the assessment and information gathering process. Patricia has displayed an open and honest manner and has been able to discuss issues and anxieties about the whole process. Discussions with Ms Pearson’s referees indicated she is very popular with them and wider family members.

m) Previous experience of caring for children

Ms Pearson has two children Ms Pilkington, who is adopted and Ms Cross, Joelle’s mother. Both are now adults. Ms Pearson also has regular contact with her grandchildren Kai and Lee. Ms Pearson also has contact with her referee’s children and includes them in activities she organizes for Joelle.

n) Parenting capacity, including an assessment of the prospective special guardian’s ability and suitability to bring up the child throughout their childhood.

Whilst no formal parenting assessment has been completed of Ms Pearson, it has been clear from Children’s Services involvment that Ms Pearson has demonstrated positive parenting to Joelle while she has been in her care. The basic care is excellent and Joelle is provided with plenty of opportunities of emotional, physical and social development.

Whilst Ms Pearson encourages Joelle to further her education e.g. reading to her at home, in the long term Particia may need more guidance regarding how to encourage further learning at home.

Ms. Pearson presents as a very active lady with boundless energy. Since the surgery she had earlier this year when a stent was inserted in her neck to prevent further strokes she states that she feels better than ever and it has given her ‘a new lease of life’ e.g. Ms. Pearson recently bought a tent and with Joelle went camping for the week-end.

Ms Pearson has no difficulty walking, is mobile and drives a car.

At the present time as confirmed by her referees she is more than able to look after Joelle and meet her needs. Ms. Pearson currently receives support from her friends who have grandchildren of a similar age to Joelle. They meet frequently and do activities together. Joelle has stayed at their homes on occasions.

Ms. Pearson has received clearance from CRB check which was issued in April 2012.

In the future should Ms. Pearson ever be unable to care for Joelle, Mrs. Pilkington maternal aunt has stated she will care for Joelle. Ms. Cross is in agreement with this proposed arrangement.

o) Where there have been any past assessments as a prospective adopter, foster parent or special guardian, relevant details as appropriate.

There have not been any past assessments.

p) Details of income and expenditure.

Patricia receives Pension Credit £136 Tax credit £490 per month Disability £45.39 Child benefit £81.20 per month Disability allowance for Joelle £78.00

Expenditure Rent and council tax paid by housing benefit. Utilities £49 per week T V licence £20 per month Virgin Media- £35 per month Shopping £50-£60 per week Petrol £25 per week. (subsidized by Mr. Cross) A financial assessment was offered to Ms Pearson, however she declined as she did not feel she needed it.

q) Information and comments on the living standards of the household with particulars of the home and living conditions (and particulars of any home where the prospective special guardian proposes to live with the child, if different) and the neighbourhood in which he lives.

Home conditions are excellent and maintained to a high standard. Joelle’s bedroom was very child friendly and age appropriate toys were observed. The property is a privately rented, two bedroomed semi detached house and is situated in a quiet cul-de sac

r) Details of other members of the household, including any children of the prospective special guardian even if not resident in the household.

N/A

s) Details of the parents and any siblings of the prospective special guardian with their ages or ages at death.

Ms. Pearson is the eldest of twelve children. She has seven full siblings and five half siblings.

Full Siblings Jacqueline dob 12/06/48 John Robert dob 14/10/49 James Peter dob 03/05/51 Vincent dob 02/04/53 Sharon Margaret dob 06/01/54 Christine dob 12/04/57 The only half sibling Ms. Pearson is in contact with is Lyn Alcroft born August 1961 who lives in Dorset. Ms. Pearson has not stayed in contact with any other of her half siblings

t) Other information about the prospective special guardian: i. religious persuasion;

Ms Pearson is non practicing Church of England

ii. educational history;

Ms Pearson attended Holy Infants and St. Anthony Roman Catholic School Astley Bridge Bolton as well as St. Josephs Roman Catholic School Halliwell before transferring to St Anne’s Roman Catholic Secondary School, Bolton. Ms. Pearson did not gain any qualifications.

iii. employment history; and

Ms Pearson travelled in the Army with her former husband and when she came back to England she became a Taxi driver for 22 years. Ms Pearson then became a bus driver before working in a Pub until she was 62 years old.

iv. personality and interests.

Ms Pearson enjoys playing darts and driving. Ms Pearson is pleasant, talkative and socialble.

u) Details of any previous family court proceedings in which the prospective special guardian has been involved (which have not been referred to elsewhere in this report.)

There are none that we are aware of.

v) A report of each of the interviews with the three persons nominated by the prospective special guardian to provide personal references for him.

Referee: Ms Tina Horrocks. (Ms Pearson’s friend). 12/04/2012

Ms Horrocks stated she had known Ms Pearson around 43 years and she was her husband’s cousin. Ms Pearson and Ms Horrocks enjoy holidays together with Joelle and Ms Horrock’s grandchildren. Their last holiday was to Tunisia and Ms Horrocks stated Joelle was 'a bit of a handful.'

Ms Horrocks said she believed Ms Pearson’s strengths to be; "she always puts Joelle first, she does a good job with her, she gives Joelle boundaries and sticks to her guns." Ms Horrocks stated she could not think of any weaknesses although Ms Horrocks stated she did worry about Ms Pearson looking after Joelle because of her age and being older than a mother usually is.

Ms Horrocks said she knows that Ms Pearson’s receives help from Ms Pilkingon and Mr Pilkington (Joelle's aunt and uncle) and also Joelle's grandfather Mr Cross. Ms Horrocks said she believes Ms Pearson and Joelle have a good relationship and believes Joelle has come to rely on Ms Pearson as a mother figure. Ms Horrocks also said she has been present when Joelle has told Ms Pearson she loves her.

Ms Horrocks said she has no concerns with regards to Joelle's safety whilst in the care of Ms Pearson. She said so far Ms Pearson has offered Joelle all of the stability in her life and that she believes that if Ms Pearson could not longer look after Joelle, Ms Pilkington would then take over with her care. Ms Horrocks said she had not seen Joelle's mother Ms Cross for over 12 months.

Finally Ms Horrocks stated she would worry about Ms Pearson’s health in case she was admitted to hospital again.

Referee: Ms Jean Simpson (Ms Pearson’s) 13/04/2012

Ms Simpson stated her and Ms Pearson had been best friends for 25 years and had known one another for three years previous to this. They were once neighbours when Ms Pearson previously lived in Tonge Moor. Ms Simpson said she sees Ms Pearson two to three times a week and said from her experience Ms Pearson does a good job with Joelle. She said Ms Pearson has experience of bringing children up as she brought Ms Pilkington and Ms Cross up. Ms Simpson said she believes Ms Pearson is good at all aspects of looking after Joelle and that she does not believe Ms Pearson has any limitations. She said Ms Pearson has lots of energy and doesn't like sitting down, she's always on the go. She said Ms Pearson is very happy go lucky.

Ms Simpson said she looked after Ms Pearson when she had her operation and stayed at her house for a week. She said she believes Ms Pearson is currently able and well enough to look after Joelle.

Ms Simpson said Ms Pearson is patient when caring for Joelle and never loses her temper, she will speak to Joelle and ask her not to be naughty and ask her why she is doing what she is doing.

Ms Simpson said the quality of relationship between Joelle and Ms Pearson is fantastic and that she believes this is the best place for Joelle. She said Ms Pearson has lots of qualities and has no concerns for Joelle's safety whilst with Ms Pearson. Ms Simpson has been on holidays with Ms Pearson and Joelle and stated to me that Ms Pearson and Joelle need each other and at the moment Ms Pearson is not ready to let Joelle go and live with anyone else.

Finally Ms Simpson said that Ms Pearson does a wonderful job and always does her best to help everyone and that she has no worries about Joelle living with Ms Pearson at all. Ms Simpson said she admires Ms Pearson’s energy and said she could not do what Ms Pearson does herself.

Ms Simpson was very cooperative in the interview and presented as being open and honest in response to the questions.

Referee: Ms Vera Harrison (Ms Pearson’s friend). 13/04/2012

Ms Harrison stated she knew Mr Cross, Joelle's grandfather before she knew Ms Pearson. She said she met Ms Pearson when Ms Harrison’s son started a relationship with Ms Cross, Joelle's mum.

Ms Harrison said she sees Joelle and Patricia twice a week and sometimes Ms Pearson will take Ms Harrison’s grandchildren on days out with Joelle. She also said Ms Pearson has plenty of experience in child care as she had her own children and had been looking after Joelle since she was a baby. Ms Harrison said Ms Pearson always puts Joelle first.

Ms Harrison said Ms Pearson is a tower of strength and she doesn't know where she gets her strength from. She said she thinks Ms Pearson is marvellous and stated she couldn't do the job Ms Pearson is doing. Ms Harrison said she doesn't feel Ms Pearson has any limitations and she does not think looking after Joelle affects her health and that she just keeps going and copes well. Ms Harrison said Ms Pearson interacts with all of Ms Harrison’s grandchildren and takes them on days out together.

Ms Harrison believes Ms Pearson and Joelle have a good quality relationship; they are as close as a mother and daughter. Ms Pearson gives Joelle a lot of attention and Ms Harrison stated she does not believe that Ms Pearson buys Joelle things to pacify her. Ms Harrison stated she believes Ms Pearson is the best place for Joelle and she also said if Joelle was to live with Ms Pilkington she feels Joelle would not have as much attention as Ms Pilkington works full time hours and Joelle may have to attend before and after school clubs.

Ms Harrison said repeatedly, she cannot fault Ms Pearson and she has never done anything wrong.

Ms Harrison was very cooperative in the interview and presented as being open and honest in response to the questions.

w) Any other relevant information that might assist the court.

There is no other relevant that may assist the Court.

Part 2

Wishes, views and contact arrangements

Prospective Special Guardian

a) Whether the prospective special guardian is willing to follow any wishes of the child or his parents in respect of the child’s religious and cultural upbringing.

Ms Pearson has stated that she will respect the wishes of Joelle or the wishes of Ms Cross with respect to any religious or cultural upbringing.

b) The views of other members of the prospective special guardian’s household and wider family in relation to the proposed special guardianship order.

Ms Cross supports Ms Pearson’s application and has stated she would also attend Court for the hearing if requested to. Mr Cross supports Ms Pearson’s application for Special Guardinship of Joelle. Maternal Aunt Ms Pilkington and Mr Pikington her husband are both supportive of Ms Pearson’s application.

c) An assessment of the child’s current and future relationship with the family of the prospective special guardian.

Ms Pearson has been involved with Joelle all her life and Joelle has lived with Ms Pearson from being a very young child. Prior to this happening, Ms Pearson supported Ms Cross in caring for Joelle. Joelle has been seen to have a very positive and supportive relationship with Ms Pearson and shows a very clear emotional attachment to Ms Pearson. By remaining with her birth family it is anticipated Joelle will remain in contact with her birth mother as long as it is safe and appropriate to do so.

Joelle will also have contact with Mr and Ms Pilkington and their children.

d) Reasons for applying for a special guardianship order and the extent of understanding of the nature and effect of special guardianship and whether the prospective special guardian has discussed special guardianship with the child.

Ms Pearson has applied for the Special Guardianship Order due to Ms Cross’s chaotic lifestyle which has involved drug issues resulting in on occasions receiving a prison sentence. This has caused problems and delay when parental consent has been required for medical treatment and Ms Cross has not been available to sign the necessary paperwork which has resulted in it having to be faxed to the prison for her signature. The family also feels the Special Guardianship Order will offer Joelle stability.

Presently, Ms Pearson and Ms Cross have an amicable relationship but there is no guarantee at some future date this will not change. Ms Pearson has said she does not want to stop Ms Cross having any contact with Joelle, but the family remains concerned that if an Order was not in place, Ms Cross could resume care of Joelle at any time.

e) Any hopes and expectations the prospective special guardian has for the child’s future.

Ms Pearson has stated she hopes Joelle will not follow in her mother’s footsteps and live a drug free life. Ms Pearson with Joelle moved out of the pub where they were living into a rented house in order to provide Joelle with a more appropriate and stable environment to grow up in.

f) The prospective special guardian’s wishes and feelings in relation to contact between the child and his relatives or any other person the local authority considers relevant.

Ms Pearson is very supportive of the relationship between Joelle and Ms Cross. Ms Pearson facilitates the relationship by taking Joelle down to the Pub to see her mother. Ms Pearson is always supportive of Joelle having contact with Mr and Ms Pilkington and their extended family .Ms Pearson has said that she would not necessarily stop Mr. Farrow having appropriate contact with Joelle but that this would need to be carefully thought through and planned. She would worry about her safety because he misuses drugs and that due to the limited contact with him they are unsure of the risk he may cause to Joelle.

Section D: THE PLACEMENT

a) Details of any past involvement of the local authority with the prospective special guardian, including any past preparation for that person to be a local authority foster parent or adoptive parent or special guardian.

Patricia has previously been involved with Children’s Services:

10/04/2008 Health visitor rang Children’s services after a routine visit to grandparents Ms Pearson & Mr Cross saying that Joelle has been residing with them since October 2007. Grandparents stated that Joelle`s mother Ms Cross sometimes calls to see her but they are not aware of where she is residing. Ms Cross has a serious drug problem and is funding this by prostitution. Grandparents enquired for advice and were also advised they could get legal advice regarding a Residence Order.

09/09/2008 Contact from Ms Cross’s drug worker to inform that Particia had been caring for Joelle for 18 months and that Ms Cross moved into the property with them.

18/10/2010 Joelle was taken to Accident and Emergency by her grandparents after a needle stick injury from a needle found whilst playing in Ms Cross’ handbag. Ms Cross is a known drug user and was recently discharged from prison and living at the pub where the grandparents are licensees. Grandparents state they are the main carers of Joelle. An Initial Assessment was completed.

12/11/2010 A staff nurse Royal Bolton Hospital contacted Children’s Services to inform Joelle needs hepatitis injection following needle injury. Ms Pearson has been caring for, but does not have Residence Order or Parental Responsibility and cannot give consent. It was suggested that consent form be faxed to Styal Prison for Ms Crosss’ signature. Joelle was given a course of Hepatitus B vaccines and when her blood was tested on 20/07/2011 the test results was normal.

15/11/2010 Health Professional telephoned Children’s Services to express concern that Ms Cross is due to be released from prison tomorrow and has a long history of drug use. Joelle has been injured by a needle when visiting Ms Cross at her home. Ms Pearson is struggling with Joelle and wants her to spend time at the address where Ms Cross will be staying. An Initial Assessment was completed.

18/02/2011 A worker from a voluntary agency contacted Children’s Services to say Joelle’s mother Ms Cross is a heroin user and regularly demands money from her parents Ms Pearson and Mr Cross. Ms Cross has told Mr Cross, who lives at a different property to Joelle, to give her money as she has drug dealers who are allegedly armed. Ms Pearson and Mr Cross were advised appropriately including seeing a solicitor regarding seeking a residence order for Joelle.

09/11/2011 Ms Pearson contacted Children’s Services saying she needed support to look after Joelle but did not have a Social Worker. This was discussed with the Children with Disabilities team who said that she did not meet the criteria for assessment. Ms Pearson was put in touch with parent partnership and school were asked to refer to Behaviour Support.

05/01/2012 Health Professional contacted Children’s Services to inform Ms Pearson had been admitted to Royal Bolton Hospital with a mini stroke and was to have major surgery. Concerns were expressed regarding how the family would manage to care for Joelle whilst Ms Pearson is in hospital. Family members were contacted who were already arranging to offer whatever support was needed.

b) Where section 14A(7)(a) of the Act applies (i.e. where a child is being looked after by a local authority and that authority is therefore preparing the report) and the prospective special guardian lives in the area of another local authority, details of the local authority’s enquiries of that other local authority about the prospective special guardian

N/A as Ms Pearson lives in the Bolton Local Authority.

c) A summary of any special guardianship support services provided by the authority for the prospective special guardian, the child or the child’s parent and the period for which those services are to be provided.

While collating evidence for this report it became apparent that Ms. Pearson does currently access the full range of support services/resources available to Joelle.

Although Joelle does not have an education statement she is well supported in school through both individual and small group work.

In June 2011 Joelle was seen by CAMHS and assessed as not having ADHD

Joelle’s needs are currently being met by the Learning Disability Health nurses who are supporting Ms. Pearson. Ms. Pearson states that this is working well and no further need has been identified.

I have had a consultation with an experienced specialist social worker from the Children with Disabilities Team. Currently the level of disability in regard to Joelle does not meet the threshold for a specialist disability assessment. This mirrors Ms Pearson’s view that currently Joelle’s needs are understood and met.

Ms. Pearson has been offered a financial assessment by Children’s services but chose to decline this saying she had no financial difficulties and did not need any financial assistance. She has also been given information about Carer’s allowance but declined as she felt it may impact on her disability living allowance.

Ms. Pearson has been given relevant telephone numbers for Children’s Services and advised to make contact should further advice/ support be required at anytime.

d) Where the local authority has decided not to provide special guardianship support services, the reason why

As above

e) A summary prepared by the medical professional providing information about the child and the prospective special guardian.

In discussion with the school nurse, Joelle has had a number of health issues including Asthma, one leg longer than the other and poor eyesight. Joelle has also had a needle stick injury from one of her mother’s needles. Joelle has episodes of soiling and wetting and has been referred to the young person’s emotional health team. More recently Joelle was in hospital for dental treatment. Ms.Pearson has accessed appropriate medical treatment for Joelle as she has needed it.

f) The implications of the making of a special guardianship order for:

i. The child

If a Special Guardianship is granted in respect of Joelle, it would mean that Joelle would continue to live with Ms Pearson her maternal grandmother. Joelle would remain within her birth family and would remain in contact with her birth mother as long as it is safe and appropriate to do so. She will be able to attend the same school and remain in the local community. Joelle had resided with Ms Pearson for most of her life and therefore the making of the order would not disrupt her.

ii. The child’s parents

Ms Cross has not had full time care of Joelle since October 2007. She is in agreement with the Special Guardianship Order application and feels that Joelle should remain living with Ms Pearson. As the whereabouts of Mr. Farrow is unknown it has been impossible to ascertain his wishes and feelings about the Special Guardianship Order or Joelle remain living with Ms. Pearson.

iii. The prospective special guardian and their family

If a special Guardianship Order is made in respect of Joelle, her life will continue as it is now.

iv. Any other person the local authority considers relevant

If a Special Guardinaship Order is made in respect of Joelle, she will continue to have regular contact with her grandfather Mr Cross, her mother Ms Cross and Aunt Ms Pilkington and family.

g) Any other relevant information that might assist the court.

There is no other relevant information that might assist the court.

Section E: WELFARE CHECKLIST AND RECOMMENDATIONS

(i) Welfare Checklist

(a) the child’s ascertainable wishes and feelings (considered in the light of the child’s age and understanding)

Joelle’s wishes and feelings were ascertained through direct work, within which Joelle clearly stated she was happy living with her grandmother Ms Pearson and she wanted to continue living with her grandmother. There was obviously a clear attachment between Joelle and Ms Pearson.When Joelle was asked who would she like to look after her in the future if her grandmother could no longer look after her, she stated she would want to live with her Aunt Ms Pilkington. At no time during this assessment did Joelle state she wanted to live with her mother Ms Cross. Although Joelle is delayed in her development, she is very decisive in what she wants to happen in her future. Joelle is very clear in where she wants to live at present and in the future. Without hesitation Joelle has stated this on a number of occasions.

(b) the child’s particular physical, emotional and educational needs

Joelle is currently taking medication for Asthma wears +8 glasses due to poor eyesight. She was reviewed by Community Paediatrician in December 2011 due to ongoing behaviour difficulties including being aggressive towards her grandmother and displaying attention seeking behaviours. Joelle is on School Action Plus programme to provide a higher level of support in school whilst her special educational needs are being assessed by school. Joelle was seen at CAMHS in August 2011 and referred to the behaviour and relationship pathway for one- to- one support who made a decision not to remain involved except at a consultation level as they would only be duplicating services. A referral to the children with disabilities team was discussed and it was thought it would be appropriate in view of Joelle’s learning and physical difficulties. School reported that Joelle’s behaviour is more manageable for them however that have to put firm boundaries in place.

Joelle has lived with Ms Pearson since being a very young child. A close attachement is displayed between Joelle and Ms Pearson and any change in Joelle’s circumstances may have a serious effect on her emotional wellbeing. Ms Pearson’s application for the Special Guardianship Order will not change any of Joelle’s current circumstances.

(d) the child’s age, sex, background and any of the child’s characteristics which the court or local authority considers relevant,

Joelle is a seven year old, female child born in Bolton on the 13/08/2004. Joelle is currently living with her maternal grandmother Ms Pearson at 30 Castlewood Square, Bolton. Joelle has lived with her maternal grandparents since being a very young child. Ms. Pearson is unable to remember the exact date. Ms. Pearson had visited the home of Ms. Cross Joelle’s mother and was upset and concerned about the home conditions and physical neglect she found Joelle in due to Ms. Cross’ lifestyle and drug misuse. This resulted in Ms. Pearson taking Joelle to stay with her where she has remained since.

(e) any harm (within the meaning of the Children Act 1989 (c. 41)) which the child has suffered or is at risk of suffering,

Whilst Joelle has been living with Ms Pearson, she has not suffered nor is she at risk of suffering significant harm.

(f) how capable each of the child’s parents, and any other person in relation to whom the court or the local authority considers the question to be relevant, is of meeting the child’s needs

Due to MS Cross’ chaotic lifestyle, she has openly spoken about not being able to meet the needs of Joelle. Joelle does not have any contact with her father Mr Farrow.

There is no reason to suggest that Ms Pearson, Mr Cross, Mr and Ms Pilkington are not currently able to fully meet the needs of Joelle. The issue of Ms. Pearson’s health and age has been fully discussed with all family members. Whilst they are aware of the implications Ms. Pearson’s age and health may have on her ability to care for Joelle at sometime in the future, they are all of the same opinion that it is in Joelle’s best interests to remain in Ms. Pearson’s care and will offer ongoing support to her as needed.

(g) the range of powers available to the court

The Court has a range of Orders to consider when looking at the future of Joelle. The Court could make no Order which would mean Joelle could effectively return to the care of her mother Ms Cross’ care who has a chaotic substance misusing lifestyle. If this was to happen it could be detrimental to Joelle’s mental and emotional wellbeing. It is also relevant here to consider that Joelle has clearly stated she wants to live with Ms Pearson and this is where she is currently living and is settled and would mean permanancey for Joelle. The Special Guardianship Order would provide Joelle with the stability she needs as a child who is developmentally delayed with emotional and behavioural issues. The uncertainty of Joelle’s future with no Order may cause further delays in these areas.

A Special Guardianship Order would enable Ms Pearson to sign medical concent forms, which has often been an issue in the past when Ms Cross has been in prison on a number of occasions. It would be more beneficial if any required signatures were available immediately and there was no delay in Joelle being able to access both urgent and routine medical/ dental examinations and treatment.

(ii) Recommendations

a) The relative merits of special guardianship and other orders which may be made under the Children Act 1989 or the Adoption and Children Act 2002 with an assessment of whether the child’s long term interests would be best met by a special guardianship order.

The court could grant a Special Guardianship Order to Ms Pearson. This would ensure that Ms Pearson would share parental responsibility with Ms Cross but would provide her with more direct powers in relation to decision making over Joelle’s care and welfare. She would be able to sign medical consent and any other consent for school trips etc. It would allow her to take Joelle on holiday without Ms Cross’ consent if this was necessary. The Local Authority is of the view that a Special Guardianship Order is in the best interests of Joelle in order to provide her with a stable and secure future within her birth family. If due to Ms. Pearson’s health and age she became unable to care for Joelle as already stated in the report her maternal aunt and uncle Mr. and Mrs. Pilkington have stated that they would be prepared to look after her and she could live with them. They have current and frequent regular contact with Joelle and offer support to Ms. Pearson. Ms. Cross has stated that she is in agreement with this arrangement if Ms. Pearson should no longer be able to care for Joelle

b) A recommendation as to whether or not the special guardianship order sought should be made in respect of the child and, if not, any alternative proposal in respect of the child.

The Local Authority is of the view a Special Guardianship Order should be granted to Ms Pearson in relation to Joelle.

c) A recommendation as to what arrangements there should be for contact between the child and his relatives or any person the local authority consider relevant.

The Local Authority are in agreement that Ms Pearson will facilitate contact between Joelle and her mother Ms Cross if and when it is safe to do so as Joelle is not at an and age where she can be responsible for her own contact arrangements. On behalf of Joelle, Ms Pearson needs to maintain ongoing and regular contact with the Pilkington family due to the likelihood Joelle may need to live with them in the future.

Signed

Name Job title Date

0 notes

cefsocialwork · 7 years

Text

Assessment and Approval of Prospective Adopters

RELEVANT GUIDANCE

Adoption Statutory Guidance (revised 1 July 2013)

NOTE

There is a shortened process for prospective adopters who have already been approved as foster carers/adopters – see Section 6, Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt.

AMENDMENT

This chapter was updated in September 2014 to add a new section on ‘sharing information’ (see Section 4, Sharing Information for the Purposes of Prospective Adopter Assessments), which is permitted with regard to existing information held as a foster carer or adopter, etc in respect of a fresh application. Additionally, where an application has been refused and the applicant is given 40 days to challenge this, if there has been no response, the Decision Maker must proceed with the decision (see Section 10, Representations / Independent Review Procedure).

Recruitment and Responding to Initial Enquiries

The adoption agency aims to recruit and assess prospective adopters who can meet most of the needs of children for whom adoption is the plan.

It is not part of the recruitment strategy of the adoption agency to turn away couples or single people because of their status, age or because they and the child do not share the same racial or cultural background as the children requiring adoptive placements.

Potential applicants may approach the National Gateway for Adoption or the adoption agency for general information about adoption. This can include, for example, information on the legal implications of adoption, eligibility criteria (see Section 15, Criteria for Prospective Adopters), the characteristics of children awaiting adoption and the approval process.

Where a potential applicant decides, after receiving general information, that he or she would like to pursue an adoption further, he or she may approach the adoption agency for more detailed information about adoption.

This information should be provided within ten working days through an information session, a visit, pre-planned telephone call or similar arrangement with the potential adopter. This may need to take place in the evening or at the weekend to fit around the potential adopters’ life style and working patterns. This is the minimum response at this stage; further information sessions may be provided if applicable.

Detailed information should enable potential adopters to consider better whether they want to proceed with the approval process and to reflect on the parenting needs of the children awaiting adoption. Detailed information should also enable them to consider their expectations of adoption, and the consequences for them and their family of caring for an adopted child who may have a range of complex needs.

Where an enquiry is about inter-country adoption, it should be established whether the potential adopter has considered adopting a Looked After child. Many people believe that they would not be able to adopt a child in this country but would be able to adopt a child from abroad. Where prospective applicants are likely to be considered unsuitable to adopt a Looked After child in England, they should not be advised to apply to adopt a child from overseas.

2. Registration of Interest in Adoption

Once a potential adopter has received information about adoption they will either decide that adoption is not right for them at that point in time or will wish to move to the next stage of the process. Should they wish to move to the next stage, they will need to formally register their interest to enter Stage One of the approval process – the Pre-Assessment Stage (see Section 3, Stage One - The Pre-Assessment Process). From this point they are referred to as ‘prospective adopters’. Prospective adopters will register their interest via a form which will include as a minimum:

Name and address of the potential adopters; Authority to commence Stage One checks; Confirmation that the potential adopters have not registered their approval with another agency; A reminder that the potential adopters should be contactable in the week following their registration of interest, and a request for times for contact during that period; Questions to ensure the potential adopters meet the eligibility criteria (see Section 15, Criteria for Prospective Adopters). A decision should be reached within five working days from receipt of a registration of interest whether or not to accept this, unless there are exceptional circumstances which mean that longer is needed. To help the agency make this decision, it may be necessary to arrange a visit, have a meeting or a pre-planned telephone call (whichever is considered most appropriate in each individual case) with the prospective adopter. There may be circumstances where it would not be appropriate for the agency to accept a registration of interest, such as where there is lack of capacity to take on more prospective adopters. In cases like this, the agency should redirect the prospective adopter to the National Gateway for Adoption or another agency which is currently recruiting.

The agency must not refuse to accept registrations of interest on the grounds of, for example, a prospective adopter’s ethnicity, age, health, sexual orientation, religious beliefs or because they do not share the same ethnicity, culture or religious beliefs with the children waiting for an adoptive family. Prospective adopters may only be excluded if they do not meet the eligibility criteria.

Where the agency declines a registration of interest it should provide the prospective adopter with a clear written explanation of the reasons why, and offer them the choice of going directly to another agency or to the National Gateway for Adoption for signposting to another agency.

Where the agency accepts a registration of interest it must set up a prospective adopter’s case record in respect of the prospective adopter, see (Section 12, Prospective Adopter Case Record).

3. Stage One – The Pre-Assessment Process

3.1 Purpose and Process

Stage One begins when the agency accepts the registration of interest in adoption and should normally take no more than two months to complete. It is during this stage that the prospective adopter will be exploring the extent of their interest in and capacity for adoption, prior to a firmer decision on whether to proceed to Stage Two – the Assessment Process (see Section 5, Stage Two – The Assessment Process). Stage One will focus on initial training and preparation, and on ascertaining, through prescribed checks and references, whether there is any absolute reason why the prospective adopter should not proceed further. The expectation is that the prospective adopter will be closely involved in the Stage One process and agencies are expected to take into account fully the prospective adopter’s wishes on how they wish to work through Stage One. All prescribed checks and references must be carried out during Stage One in parallel with initial training and preparation.

The agency will explain in detail the Stage One process and what will be required of the prospective adopter, and will draw up the Prospective Adopter Stage One Plan which will set out the responsibilities and expectations of both the prospective adopter and the agency during Stage One. This Plan must include:

Information about the counselling, information and preparation for adoption to be provided; The procedure for carrying out police checks; Details of any training that the prospective adopter has agreed to undertake; Information about the role of the prospective adopter in the stage one process; Any applicable timescales; Information about the process for making representations (including a complaint); and Any other information that the agency considers relevant. Whilst the importance of openness must be stressed to the prospective adopter, it should not be assumed that a failure to disclose information automatically implies that the prospective adopter is unsuitable. It will be necessary to discuss the matter and the reasons for non-disclosure.

Prospective adopters should be encouraged to use any other materials that offer them the opportunity to explore and reach an informed view about aspects of parenting and their parenting capacity and help them to identify their own training needs. A visit, meeting or pre-planned telephone call with the prospective adopter (whatever works best for them and best meets their preferences) should be undertaken to ensure that they have the opportunity to ask for more information or training based on their particular needs.

Stage One ends with the Pre-Assessment Decision.

3.2 Pre-Assessment Information

The following information must be gathered during Stage One.

Information about the prospective adopter

Name, sex, date and place of birth and address including the local authority area; If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of their suitability to adopt, the reasons for this; Details of any previous family court proceedings in which the prospective adopter has been involved; Names and addresses of three referees who will give personal references on the prospective adopter, not more than one of whom may be a relative; Name and address of the prospective adopter’s registered medical practitioner; If the prospective adopter: Is married, the date and place of the marriage; Has formed a civil partnership, the date and place of registration of that partnership; or Has a partner, details of that relationship. Details of any previous marriage, civil partnership or relationship; Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long they have been habitually resident; Where the prospective adopter lives in another local authority area, it should be ascertained whether that local authority has any information about the prospective adopter which may be relevant to the assessment of the prospective adopter’s suitability to adopt and, if so, a written report should be obtained from that authority setting out that information; The adoption agency may ask the prospective adopter to provide any further information the agency may reasonably require. Information about the home etc. of the prospective adopter

Details of other members of the prospective adopter’s household (including any children of the prospective adopter whether or not resident in the household).

3.3 Police Checks

Criminal record checks with the Disclosure and Barring Service must be carried out on the prospective adopter and any adult members of their household.

Prior to Stage One, prospective adopters should be given an explanation of the statutory duty on the agency to conduct checks into their background and into the background of any other adult members of their household. It should be made clear that the prospective adopters will not be able to proceed to Stage Two where criminal record checks identify them or an adult member of their household as having been convicted of a specified offence or police caution in respect of a specified offence.

A ‘specified offence’ means:

An offence against a child / any offence involving bodily injury to a child, other than an offence of common assault or battery; An offence relating to indecent images of children under the age of 16; Sexual offences of rape; assault by penetration; causing a person to engage in sexual activity without consent; sexual activity/causing or inciting sexual activity/inducement, threat or deception to procure sexual activity with a person with a mental disorder impeding choice. Where the prospective adopter’s full history cannot be ascertained by conducting a criminal record check and other background checks (for example, where they have lived abroad for an extended period), a decision should be taken as to whether to carry out any other checks or take up additional references. The agency should ensure it has sufficient information to justify continuing with Stage One but not delay the approval process. If it decides not to proceed, it should provide the prospective adopter with a clear written explanation of the reasons why.

The agency may not consider a prospective adopter suitable to adopt a child if they or any adult member of their household has been convicted of a specified offence committed at 18 or over, or has received a police caution in respect of a specified offence which they admitted at the time the caution was given. In such circumstances the agency must notify the prospective adopter in writing, with reasons, without delay.

Information obtained from the Disclosure and Barring Service (DBS) should be retained on the prospective adopter’s case record for a limited time only. This information should be destroyed when it is decided that the prospective adopter is suitable to adopt a child. It should be noted on the prospective adopter’s case record that the DBS information has been destroyed, and that this information had led the agency to form a particular view, without citing the information itself.

Where the criminal record checks disclose previous convictions or cautions for non-specified offences, the agency may consider that the prospective adopter is not suitable to adopt. In such circumstances, the agency must exercise its discretion and decide whether to continue with Stage One. If it decides not to proceed, it must notify the prospective adopter in writing, with reasons, without delay.

In circumstances where the application is a joint application, the agency may only inform the prospective adopter who is the convicted or cautioned individual of the specific reason for terminating Stage One. The social worker should explain to that person that the agency will not inform the other person of the specific conviction or caution but will inform them that because of information obtained from the checks the joint application cannot proceed.

Likewise, where the checks reveal information about an adult member of the household that indicates that the agency must terminate Stage One, the agency is restricted from disclosing information about that conviction or caution which prevents the application from proceeding. It may inform that individual and suggest that they inform the prospective adopter but it may not do so itself. In such a case, the agency should counsel the prospective adopter that its checks indicate that the agency must not continue with Stage One and that its checks indicate that the agency should not proceed with the application.

3.4 Health Checks

The applicants will also be asked to arrange for an adoption medical examination and report from their G.P. (if this has not been done at an earlier stage), unless the Medical Adviser does not consider such a medical examination is necessary, for example where the applicant is a foster carer and a health report is already available.

The social worker will provide the applicants with the relevant BAAF medical forms for completion by the GP.

The completed Medical Form should then be sent to the Medical Adviser, together with a covering letter providing a pen picture of the family, their life-style and the sort of child they are considering.

The GP's report should have been written within the 6 months prior to the Adoption Panel meeting which considers the application.

The agency’s medical adviser will need to provide a summary of the prospective adopter’s state of health as part of the prospective adopter’s report. The adviser will need to form a view as to the adequacy of the medical reports received and to advise whether additional specialist opinion should be obtained. The prospective adopter’s current GP may not have a full health history of the prospective adopter, particularly if they have received private medical care outside the NHS. Prospective adopters should be helped to understand the importance of making their full health history available to the agency’s medical adviser.

Agencies have a duty to satisfy themselves that prospective adopters have a reasonable expectation of continuing to enjoy good health. The medical adviser should explain and interpret health information from the prospective adopter, their GP, and consultants to facilitate adoption panel discussion. The opinion of the agency’s medical adviser needs to be given sufficient weight by adoption panels and the Agency Decision Maker.

Mild chronic conditions are unlikely to preclude people from adopting provided that the condition does not place the child at risk through an inability of the individual to protect the child from commonplace hazards or limit them in providing children with a range of beneficial experiences and opportunities. The possibility of providing support in appropriate cases to assist in overcoming any possible negative consequences arising from disability or restricted mobility should be borne in mind. More severe health conditions may raise a question about the suitability of the prospective adopter, but each case will have to be considered on its own facts and with appropriate advice.

3.5 References

Applicants will be asked to provide the names of two personal referees, who are adults, have known the applicant for at least two years and are not related to the applicant. A written report must be prepared of the interviews held with each of the referees.

Referees should be people who know the applicants well in a personal capacity, and it is desirable that the referees have direct experience of caring for children, either in a personal or professional capacity.

Where there is a joint application, referees should know both applicants, or additional referees will be required.

A third reference from a member of the prospective applicant's wider family should also be taken up.

A written reference may also be obtained from each applicant's last/current employer where they work or have worked with children or adults at risk. Further references from previous employers may need to be considered.

Where the prospective applicant has made a previous application to foster or adopt, the relevant agency must be asked to confirm in writing the outcome of the application and provide a written reference.

The allocated adoption social worker will arrange for requests for written references to be sent.

The referees should be asked to comment on the following:

The length of time the referee has known the applicant, in what circumstances, how they met and how regularly they are in contact; Where there is a joint application, the couple's relationship including its stability and quality, the couple's strengths and ways of coping with stress and how mutually supportive the couple is; The applicants' general physical and emotional well being; How the applicants relate to children, with examples, and what experience the applicants have of caring for children; How the applicants have adjusted to childlessness if this is the case, how they have prepared to become adoptive parents, how much they have shared with the referees and how open they are in talking about the issues surrounding adoption; If the applicants have children of their own, how the referee thinks a child from a different ethnic background will impact on the other children in the family; Any reservations the referee has and whether the referee wholeheartedly supports the application. At the start of the interview, the referee should be informed that the written report of the interview will not be shared with the applicants but that any issues arising during the interview may be discussed with them.

Issues for discussion include the following:

The applicant as a personality; The stability of the couple's relationship (if a joint application); The referee's impression of the applicant's general physical and emotional well being; The referee's opinion on the applicant's ability to relate to children, and the basis of the opinion; The referee's opinion on whether adoption is appropriate for the applicant; Any reservations the referee may have to express about any aspect of the application; Whether the referee wholeheartedly supports the application; What support the referee is able to offer the prospective adopters; Whether the referee has any reason to believe the applicant would harm the children in their care. The assessing social worker may also contact the previous partners of the applicants, and seek references from them where it is considered necessary. Where there were any children of the relationship or where children were cared for jointly, the social worker will arrange to interview them face-to-face wherever practicable. Where former partners have not jointly parented or cared for a child with the prospective adopter, they should generally not be approached unless there is a specific reason for doing so. Children of the applicant(s) living away from home may also be contacted, and references sought from them where considered appropriate.

In addition, as part of the assessment, where the applicant has school age children, the relevant school(s) may be contacted, with the permission of the applicant, for information regarding the applicant's ability to promote the child's education.

Where applicable, the agency must ascertain whether the local authority in whose area the prospective adopter has their home has any information about them that may be relevant to the assessment. If so, the agency must obtain from that authority a written report setting out the information. Local authorities asked for this information should comply promptly with these requests and provide this information within 15 working days wherever possible. In requesting information from a local authority, the agency should seek to ascertain whether records held by social services and education departments hold relevant information about the prospective adopter.

There is no reason in principle why information held by one part of the local authority should not be shared with another. Protocols operated by children’s services may, however, restrict access to cases where there is concern for the safety of a child. This means that an adoption check may not automatically involve a check to see whether a child of the family has been the subject of a Child Protection Plan unless such a check is specifically requested. The prospective adopter may have lived for only a short period in the area of their local authority. In such cases, the agency should obtain information from the prospective adopter’s former local authorities.

3.6 Counselling, Information and Preparation for Adoption

All prospective adopters will need some form of adoption preparation. The agency will need to decide its form and substance, arranging preparation that takes into account the prospective adopter’s circumstances. Preparation should be designed to help prospective adopters make an informed decision about pursuing adoption based on an understanding of the qualities they have to offer a child. The agency should build on these strengths when working with the prospective adopter. Adoption preparation may be provided by the agency itself or with another agency or adoption support agency.

3.7 Pre-Assessment Decision

The adoption agency must gather Stage One information and make a Pre-Assessment Decision as to whether the prospective adopter may be or is not is not suitable to adopt a child, within a period of eight weeks from the date on which the prospective adopter registered their interest in adopting a child (unless there are good reasons to extend that time period). If the time period is extended, the reasons must be recorded on the prospective adopter’s case record, along with supporting evidence.

Where the Pre-Assessment Decision is that the prospective adopter is not suitable to adopt a child, the prospective adopter must be provided with a clear written explanation of the reasons why they will not be able to proceed to Stage Two. The pre-assessment decision may be made notwithstanding that not all of the required pre-assessment information has been gathered. Prospective adopters who wish to complain about this decision may make a complaint using the agency’s local complaints procedure. They will also be able to raise general concerns about the process with the National Gateway for Adoption. The Independent Review Mechanism is not available for decisions made during Stage One.

Where the Pre-Assessment Decision is that the prospective adopter might be suitable to adopt a child, the prospective adopter must be advised of the decision and that they have six months in which to notify the agency if they wish to proceed to Stage Two – the Assessment Stage.

If the prospective adopters provide notification of their wish to proceed outside this six months time limit, they will need to restart Stage One. They should be contacted within five working days of their notification and offered a re-entry interview. The Stage One Plan should take into account activities undertaken previously.

4. Sharing Information for the Purposes of Prospective Adopter Assessments

4.1 Information Sharing

Sharing information about a person that is held in their existing foster carer or adopter records is permitted for the purposes of informing a new assessment of a person’s suitability to foster or adopt. For instance, if previous partners have been interviewed in the past to verify facts, and the current assessing social worker is satisfied with the records in respect of these interviews, it should not be necessary to repeat the interviews if no further information is required. The assessing social worker should, however, satisfy themselves as to the quality and continuing relevance of the information before using it to inform the current assessment.

Information that should be shared, upon request, in order to inform a new assessment of a person’s suitability to foster or adopt includes:

The report of the original assessment of the person’s suitability to foster or adopt (if it is considered by the body requesting the information to be recent enough to be relevant); A copy of the report of the last review of the individual’s continuing suitability to foster or adopt and any other review report considered useful to understanding the person’s current suitability to foster or adopt; Details of any concerns about standards of practice and what if anything is being done/has been done to address them; Details of allegations made against the foster carer/adopter or their household members; and Any other information considered to be relevant to the assessment of the person’s suitability to foster/adopt.

4.2 Consent

Information should only be shared with the informed, explicit consent of all parties referred to in the information, including young people where they have sufficient understanding to consent to the sharing of their information (if they do not have sufficient understanding, the consent of a person with Parental Responsibility would need to be obtained). This means that the person giving consent needs to understand why their information is to be shared, what will be shared, who will see their information, the purpose to which it will be put and the implications of sharing that information.

If consent is refused, the current fostering service or adoption agency should consider whether there is any information in the records that is a cause for concern. Any information about an applicant’s conduct or suitability to foster/adopt that has caused concern should be shared even if the individual has refused consent. If there are no such concerns, and the individual has refused consent, information should not be shared. This may require documents to be redacted to remove information relating to individuals who have refused consent.

Requests for access to information should be accompanied by the written consent of the applicant to the sharing of their information.

4.3 Timescales

The receiving service should acknowledged the request within two working days, seek consent from all others referred to in the information within five working days and the information, redacted where necessary, should be provided within 15 working days.

5. Stage 2 – The Assessment Process

5.1 Purpose and Process

Where the Pre-Assessment Decision is that the prospective adopter might be suitable to adopt a child, and they have notified the agency that they wish to proceed, the application then proceeds to Stage Two of the process - the assessment process.

Stage Two is about intensive training and assessment. Intensive training should be provided as necessary and, in parallel, an assessment carried out of the prospective adopter’s suitability to adopt and a report produced of that assessment.

This stage should begin with a meeting or pre- planned ‘phone call between the prospective adopter and the allocated social worker. The social worker should explain how Stage Two will operate and what will be required of the prospective adopter. The social worker should explain the decision-making process and the role of the Adoption Panel and the Independent Review Mechanism.

A decision must be reached as to whether the prospective adopter is suitable to adopt a child within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the assessment process (six months if there are exceptional circumstances). Reasons for any extensions should be recorded on the prospective adopter’s case file.

Stage Two will end with the Agency Decision Maker’s decision about the suitability of the prospective adopter to adopt a child.

5.2 Prospective Adopter Assessment Agreement

A written agreement must be entered into with the prospective adopter (‘the prospective adopter assessment agreement’) which must include the following:

The procedure for assessing the prospective adopter’s suitability to adopt a child; Any applicable timescales; The arrangements for the prospective adopter to receive any additional counselling or preparation for adoption; Details of any training that the prospective adopter has agreed to undertake; and Any other matters which the agency considers relevant.

5.3 Assessment

In conducting the assessment, the social worker should analyse and consider the information they ascertain from and about the prospective adopter, including any issues identified during the adoption preparation. The approach should be objective and inquiring, with information evaluated and its accuracy and consistency checked. The assessment must be carried out by a qualified social worker with suitable experience (see Adoption Panel Procedure, Reports to Adoption Panel).

The assessment will comprise a series of interviews, the majority of which will take place in the applicants' home. Applicants should be interviewed at least once both individually and with their partner, and all other members of the household will also be interviewed, including the children.

The areas covered in interviews will follow the subject areas:

Individual profiles of all members of the household, including a photograph and physical description, racial origin, cultural and linguistic background , religious persuasion, personality and interests, relationship (if any) to the child; Information about the home, the local community and the neighbourhood; Details of education and employment - past and present; Income and expenditure; Details of past and present relationships; Motivation to adopt/childlessness; Parenting capacity, experience of being parented and experience with children; Support network, including wider family network; Views and feelings about adoption and its significance, attitudes to birth families and approach to openness in adoption and contact; Views about parental responsibility and what it means; Views about a suitable home environment for the child; Views about the importance and value of education; Views and feelings about the importance of a child’s religious and cultural upbringing; Any other information which indicates how the prospective adopter and anybody else living in the household is likely to relate to a child placed for adoption; Any other relevant information which might assist the adoption panel or the adoption agency. As part of the assessment:

A family tree and Chronology of key events in the applicant's life from birth must be compiled, showing his or her educational, employment, marital and/or relationship history and addresses for the previous 10 years; any gaps and/or unusual patterns should be explored; All information provided by the applicant must be independently verified where possible, by checking it against other sources such as referees. See "Preparing and Assessing Prospective Adopters", Practice Guidance (Chapter 2); Where an applicant has been divorced or separated, factors contributing to the breakdown of the relationship should be verified. This applies equally to significant relationships between couples who are not married; The adequacy and safety of the prospective adoptive home and transport will be assessed. The assessment will consider the likely need for adoption support services of the prospective adopters and any member of their family - see Adoption Support Services. As part of this, the family's finances and the criteria for financial support should also be discussed.

Where the prospective adopters live in another local authority area, the social worker should ascertain the extent of any support services identified as necessary in their local area.

The assessment will also cover the applicants' willingness to notify the adoption agency if the adopted child dies during childhood or soon afterwards, their views on post-placement and post-adoption contact and their willingness to pass on information to birth parents about the progress of the adopted child. These issues should be specifically reported on to the Adoption Panel.

5.4 Fostering for Adoption

Discussion should take place with the prospective adopter about whether they may be interested in fostering a child for whom adoption is thought to be a likely outcome. This can be where, although the child’s plan is likely to become adoption, other options have not yet been ruled out for that child. There is no need for the agency to assess and approve the prospective adopter as a temporary foster carer at the same time as they are carrying out the adopter approval process although they can do so if they and the prospective adopter wish to do so. The child’s local authority can arrange for the foster care assessment and approval of an approved adopter.

The agency should indicate on the Prospective Adopter’s Report if the prospective adopter is interested in Fostering for Adoption. This will allow prospective adopters to be matched with a child requiring a Fostering for Adoption placement.

6. Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt

The requirements are modified for applicants who are approved foster carers or previous adopters. (This does not apply to Connected Persons or to prospective adopters given temporary approval as foster carers, under the Care Planning, Placement and Case Review (England) Regulations 2010 (as amended).

There is no requirement to carry out police checks or to gather the specified information in relation to the prospective adopter and their household, unless it is considered to be necessary. The need for such checks and references should be assessed in each individual case. This may depend on the time since approval and, in the case of foster carers, the time since a child was placed with them.

There is no requirement to provide counselling, information and preparation for adoption.

The preliminary Pre-Assessment Decision stage is not necessary, and the assessment process progresses straight to preparation of the Prospective Adopter’s Report.

Any necessary additional training should be provided, such as where the prospective adopters are seeking to adopt a child with needs which are very different to those of the child they have fostered/adopted.

The decision as to whether the prospective adopter is suitable to adopt a child must be made within four months of the date on which the prospective adopter registered their interest in adopting a child. This includes the time taken to access information from adoption agencies and fostering services which have 15 working days to provide such information.

7. Prospective Adopter's Report

The information gathered during Stage One (the pre-assessment stage) and Stage Two (the assessment stage), including the checks and personal references, will form the basis of the Prospective Adopter's Report, together with any other relevant information.

The social worker who assesses the prospective adopter should draft the Prospective Adopter’s Report highlighting any issues of concern and submit it to their team manager. Where there are any issues of significant concern or where clarification is needed, the manager may arrange for a second person to visit the prospective adopter to discuss these but must remain mindful of the time frame for Stage Two. The second person could be a team manager or another adoption social worker. A visit by another person provides a second opinion where necessary before the report to the panel is finalised in cases where clarification is needed but should not be routinely carried out. The author of the report and the countersigning officer should both sign and date the report, state their qualifications and experience, and confirm that they are suitably qualified to prepare the report.

Where information received during the assessment leads the agency to consider that the prospective adopter is unlikely to be considered suitable to adopt a child, a ‘brief Prospective Adopter’s Report’ may be prepared regardless of whether or not all the required assessment information has been obtained. A decision not to complete the full assessment is a serious step to take and advice should first be sought from the social work team leader or line manager. Depending on the nature of the information, advice may also need to be sought from the agency’s medical adviser or legal adviser, or both. The concerns should be explained to the prospective adopter and they should be offered counselling, involving other professionals as appropriate. As a result of the counselling and advice, the prospective adopter may decide to withdraw their application. If they decide not to withdraw their application, the brief prospective adopter’s report should be prepared.

The report will also include a summary by the Medical Adviser of the health report obtained on the applicant/s.

The Report will include the agency’s assessment of the prospective adopter’s suitability to adopt.

Reports should address anti-discriminatory practice issues. It should contain a summary of the assessed strengths and weaknesses of the applicants, together with an opinion of the type of placement likely to be provided successfully. Potential risk factors should be highlighted.

When the Prospective Adopter's Report is finalised, a copy should be sent to the applicants, and they must be notified that the application is to be referred to the Adoption Panel. The applicants should be invited to send any observations in writing within 5 working days, beginning with the date on which the notification was sent. (This timescale may be extended in exceptional circumstances. At the end of the 5 working days (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received) the following must be sent to the Adoption Panel:

The Prospective Adopter’s Report and the prospective adopter’s observations thereon; Where the Agency Medical Adviser so advises, the medical report on the prospective adopter; References; Where applicable, relevant information received from the prospective adopter’s home local authority; and Any other relevant information obtained by the agency. At the end of the 5 working days (or, where that timescale is extended by the adoption agency, as soon as possible after the prospective adopter’s observations are received), the social worker will send the Prospective Adopter's Report, the applicants' written comments (if any); where the Agency Medical Adviser so advises, a full health report; the report on the interviews with the referees; the report from the local authority for the area where the applicant lives (if they live in a different local authority area) and any other relevant documents, to the Panel Administrator.

The date of the Adoption Panel meeting will be communicated to the applicants as soon as possible, together with an invitation to attend the Panel during consideration of the report.

The applicants should also be advised of their right to attend the meeting of the Adoption Panel, which considers their application. They should be provided with written information about the Panel process, its membership, who will attend and their respective roles. If the applicants know a particular Panel member, the applicants may request that the Panel member stand down. (Panel members are in any event expected to declare an interest in these circumstances - see Adoption Panel Procedure).

8. The Panel Recommendation

The assessing social worker will attend the Panel meeting (and his or her manager where appropriate), together with the applicants if they so wish. The decision to attend rests with the applicants and a wish not to attend will not prejudice consideration of their application.

Applicants who decide they wish to attend should be fully prepared as to the procedure prior to their attendance (see Section 7, Prospective Adopter's Report).

The Panel will consider the Prospective Adopter's Report together with all the supporting documentation (see Section 7, Prospective Adopter's Report), and make a recommendation to the Agency Decision Maker (Adoption) regarding the suitability of the applicant to adopt a child. The Panel may request the agency to obtain any other relevant information which it considers necessary, and may obtain legal advice as it considers necessary in relation to the case.

Where, during the Stage Two Assessment stage, the agency was of the opinion that the prospective adopter is unlikely to be suitable to adopt, and prepared a brief Prospective Adopter’s Report without having obtained all the assessment information, then the Adoption Panel must either request the preparation of a full Prospective Adopter’s Report having obtained all the assessment information, or recommend that the prospective adopter is not suitable to adopt.

The recommendation will be recorded in writing and, where approval is recommended, the record will include any advice given about the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background.

Reasons for the recommendations and any advice as set out above will also be recorded in the Panel's minutes.

The adoption worker undertaking the assessment will advise the applicant of the Panel recommendation within 24 hours of the Panel meeting. This will be verbally, by telephone or, where appropriate, a home visit.

9. After the Panel Recommendation

The decision as to whether the prospective adopter is suitable to adopt a child must be made within four months of the date on which the agency received the prospective adopter’s notification that they wished to proceed with the assessment process.

The decision may be delayed:

Where there are exceptional circumstances which mean that the decision cannot be made within that time; or Upon the request of the prospective adopter. If the decision is delayed, the reasons must be recorded on the prospective adopter’s case record, along with supporting evidence.

The Agency Decision Maker (Adoption) will make a decision as to the suitability of the applicant, and express a view on any Panel advice given, based on the reports presented to the Adoption Panel and the minutes detailing the Panel's recommendation and advice.

Where the Agency Decision Maker (Adoption) is minded to disagree with the Panel recommendation, he/she must first discuss the case with another senior officer with relevant experience, who must not be a Panel member, before arriving at a final decision. This discussion must be recorded and placed on the child's and the prospective adopter's Adoption Case Record.

The decision must be made within 7 working days of the Adoption Panel meeting and must be recorded, together with reasons.

The Panel Administrator will arrange for the applicants to be sent oral notification of the decision within 2 working days and written notice of the decision, signed by the Agency Decision Maker (Adoption), within 5 working days of the decision. See Appendix A: Standard Decision Letter – Not Suitable to Adopt.

Where the decision is to approve the prospective adopter, they should be provided with information which explains the role of the Adoption Register and include the Register website address (http://www.adoptionregister.org.uk/), see Adoption Register website.

Where the decision differs from the recommendation of the Adoption Panel, a copy of the Panel recommendation will be sent to the applicant/s with the written notification of the decision.

10. Representations / Independent Review Procedure

If a decision is made to refuse an application, the applicant will be advised that if he or she wishes to challenge the decision, representations should be submitted within 40 working days either directly to the agency or they may request a referral to the Independent Review Mechanism. N.B. Applicants can decide which representation procedure to choose - they cannot choose both. The prospective adopter will also be able to raise general concerns about the process with the National Gateway for Adoption.

After the 40 working day period has expired, the Agency Decision Maker must proceed to make a decision on the suitability of the prospective adopter to adopt.

Where the agency receives representations from the prospective adopter within 40 working days, the Agency Decision Maker may consider the representations and may invite the prospective adopter to meet to discuss their case. The Agency Decision Maker may, instead, refer the case to the adoption panel for further consideration. Where the case is referred to the panel, the panel must consider the case again and make a fresh recommendation as to the suitability of the prospective adopter to adopt a child. The prospective adopter must be invited to attend the panel meeting to answer any questions the adoption panel may have. The Panel Administrator will advise the applicant within 7 days of the date of the Panel meeting when they can attend or their written representations will be considered.

In these circumstances, applicants who wish to attend the meeting of the Adoption Panel can arrange for a friend or supporter to accompany them.

After considering the representations, the Panel will make further recommendations either confirming or amending their previous views, which the Agency Decision Maker will consider before a final decision is made.

Written notice of the final decision, together with reasons, must be sent to the applicant as soon as possible after the decision and, in any event, within 7 working days of the Panel meeting. A copy of the Adoption Panel’s further recommendation must also be sent, if different from the decision. Where the decision is still to refuse the application, a copy of the report to the Panel, the Panel's recommendation and the decision, with reasons, must be retained on the applicant's Adoption Case Record.

If the applicant decides to refer the matter to an Independent Review, the relevant Panel reports, any new information obtained since the Panel meeting, a record of the decision made and reasons, a copy of the written notification of the decision and a copy of the Panel minute, if different, will be sent to the Independent Review within 10 working days of their written request.

The procedure for the Independent Review is carried out by BAAF; the applicant and a representative of the adoption agency will be invited to attend the Independent Review.

After considering the representations, the Independent Review may make a recommendation, which the Agency Decision Maker will consider before a final decision is made.

Written notice of the final decision, together with reasons, must be sent to the applicant as soon as possible after the decision and, in any event, within 7 working days of the receipt of the Independent Review recommendation.

A copy of the report to the Panel, the Panel's recommendation and the decision to refuse an application must be retained on the applicant's Adoption Case Record.

In respect of a case referred to the independent review panel, the Secretary of State must also be given written notification of the decision.

11. Timescales

Where a potential applicant requests more detailed information about adoption, this information should be provided within ten working days; Where a potential adopter formally registers an interest in adopting a child, a decision should be reached within five working days from receipt of the registration of interest whether or not to accept this, unless there are exceptional circumstances which mean that longer is needed; The adoption agency must gather Stage One information and make a pre-assessment decision as to whether the prospective adopter may be, or is not, suitable to adopt a child, within a period of eight weeks from the date on which the prospective adopter registered their interest in adopting a child (unless there are good reasons to extend that time period.) If the time period is extended, the reasons must be recorded on the prospective adopter’s case record, along with supporting evidence; Where the pre-assessment decision (Stage One) is that the prospective adopter might be suitable to adopt a child, the prospective adopter has six months in which to notify the agency if they wish to proceed to Stage Two – the Assessment Stage; The decision as to whether the prospective adopter is suitable to adopt a child must be made within four months of the date on which the agency received the prospective adopter’s notification that they wish to proceed with the assessment process (six months if there are exceptional circumstances); Under the fast-track procedure for approved foster carers and previous adopters who wish to adopt, the decision as to whether the prospective adopter is suitable to adopt a child must be made within four months of the date on which the prospective adopter registered their interest in adopting a child.

12. Prospective Adopter’s Case Record

A prospective adopter’s case record must be set up as soon as the registration of interest is accepted. It must contain:

The Prospective Adopter Stage One Plan; The information and reports obtained by the agency; The prospective adopter assessment plan; The prospective adopter’s report and the prospective adopter’s observations on that report; The written record of the proceedings of the adoption panel, its recommendation, the reasons for the recommendation and any advice given by the panel to the agency; The record of the agency’s decision; The recommendation of any independent review panel; Where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report; The prospective adopter matching plan; and Any other documents or information obtained by the agency which it considers should be included in the case record. Information which has been obtained from the Disclosure and Barring Service (DBS) should be retained on the Prospective Adopter’s Case Record for a limited time only. This information should be destroyed when the decision has been made as to whether the prospective adopter is suitable to adopt a child. It should be noted on the Prospective Adopter’s Case Record that the DBS information has been destroyed and that this information had led the agency to form a particular view, without citing the information itself.

13. Prospective Adopter Matching Plan

Where a prospective adopter has been approved as suitable to adopt a child, a Prospective Adopter Matching Plan, must be prepared, in consultation with the prospective adopter, which includes:

Information about the duties of the adoption agency in respect of placements and reviews; Information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter; Information about the process for making a representation (including a complaint); and Any other matters that the agency consider relevant.

14. Review of Prospective Adopters' Approval

All successful applicants will be allocated an adoption link worker whose task is to support the adopters through the period of waiting for a placement, identify any further training needs, arrange updated medical examinations as requested by the Medical Adviser, consider any potential matches and discuss any such matches with the approved adopters before a match is presented to the Adoption Panel. The adoption link worker will visit at least once every 6 months.

Approved adopters will be asked to be available for children from the local authority area in need of an adoptive placement, after which they will be informed of and referred to the National Adoption Register and/or to the Regional Consortium/other adoption agencies with children waiting for placements, with their consent.

Prospective adopters' details must be passed to the Adoption Register immediately after their approval, and in any event no later than three months, (if they consent) where a child has not been identified for placement with them. They will also be informed of local support groups and be advised of their responsibility to maintain links with the adoption link worker and keep him or her informed of any significant changes in their situation.

All approved adopters will be subject to Disclosure and Barring Service checks every 2 years.

The Adoption Service Manager will review the adopters' approval at least annually by means of a report from the adoption link worker, together with any comments on the report from the prospective adopters. Where the review identifies the need for a change of approval, the adoption link worker must prepare a Prospective Adopter's Review Report for this purpose. The prospective adopter should be given a copy and given 10 working days to comment before arrangements are made for the report to be presented to the Panel.

The procedure set out in Section 8, The Panel Recommendation and Section 9, After the Panel Recommendation above should then be followed.

If the approval is still considered suitable, the prospective adopters should be notified in writing and a copy of the reports, minutes, decision and notification placed on their Adoption Case Record.

If the prospective adopters are considered no longer suitable, the same procedure should be followed as set out in Section 10, Representations / Independent Review Procedure.

15. Criteria for Prospective Adopters

An individual or couple cannot apply for an assessment of their suitability to adopt unless they meet, or would meet, the eligibility criteria to apply for an Adoption Order. The criteria are that:

The prospective adopter(s) is at least 21 years old; At least one of the couple or the single prospective adopter is domiciled in a part of the British Islands or both of the couple or the single prospective adopter have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application for an adoption order; and Neither prospective adopter(s) nor an adult member of their household has been convicted or cautioned in respect of a specified offence.

15.1 Individual and Joint

Applications will be considered from married couples, civil partners, unmarried couples or single people. In the case of joint applications, there is no minimum requirement on the length of the marriage/civil partnership/relationship, but the Panel will need to be satisfied about the stability of the relationship.

15.2 Religion

Applications will be considered from people of any or no religious persuasion.

15.3 Ethnicity

Applications will be considered from people of any race or culture.

The ability of a potential adopter to meet the needs of a child related to their religion, language and other characteristics associated with their and the potential adopter’s “ethnicity” can be a relevant consideration in determining the appropriate match for a child. In some rare cases, it may be an important consideration. A prospective adopter should be considered able to parent a child with whom they do not share the same ethnicity, provided they can meet the child’s most important identified needs throughout the child’s childhood. The agency must provide them with flexible and creative support. This applies equally whether a child is placed with a black or minority ethnic family, a white family, or a family which includes members of different ethnic origins. Only in very exceptional circumstances should matching a child with prospective adopters be delayed solely on the grounds that the available prospective adopters cannot meet all the child’s needs arising from their racial or cultural background.

15.4 Age

The minimum age for adopters is 21 years. There is no specific upper age limit. Older and more experienced people could take on the care of older children, provided they will have the health and vigour to meet the child’s varied demands in their growing years and to be there for them into adulthood. Age is also not necessarily linked to general health, fitness and emotional wellbeing. The agency’s medical adviser should investigate and obtain relevant information about a prospective adopter’s health in order to be satisfied that they are able to take on the task of adopting a child and have the expectation of caring for the child through childhood and into adulthood.

15.5 Gender

Applications will be considered from people of either sex.

15.6 Sexual Orientation

Applications will be considered from people of any sexual orientation.

15.7 Income

Applicants may be in work or not. Whatever the applicants' income, they will need to consider the financial implications of increasing their family.

15.8 Health

Applicants will be required to have a full medical and undergo any further tests/checks that may be required by the Adoption Panel's Medical Adviser. The Medical Adviser will advise on the applicants' ability, from a health point of view, to meet the needs of a child throughout his or her childhood.

It is unlikely that a very young child or a child vulnerable to chest complaints would be placed in a household where one or both parents are smokers.

15.9 Criminal Convictions

A person who is seeking approval as an adoptive parent will not be considered if s/he or any adult member of the household has been cautioned for or convicted of an offence against a child which involves violence or bodily injury (other than common assault or battery), cruelty (to a child under 16), indecency, abduction, the supply of Class A drugs or the importation/possession of indecent photographs of a child under 16 or a sexual offence against a child unless the offence was contrary to sections 6,12 or 13 of the Sexual offences Act 1956 and the person concerned was under 20 when the offence was committed.

Other convictions will not necessarily preclude an application, but this will depend on the seriousness of the offence and how long ago it was committed. In cases of doubt or dispute, the matter will be referred to the Adoption Service Manager who may also consult the Panel Adviser and/or the Agency Decision Maker (Adoption).

15.10 Accommodation

Applicants may own their own home or live in rented accommodation. They will have to demonstrate that they have a secure home environment in which to bring up a child.

They will need accommodation appropriate to the number and ages of the children they are seeking to adopt.

15.11 Fertility Tests/Treatment

Childless couples wishing to adopt will usually be required to have completed any fertility tests and treatment, and to have had a period of time, probably about 6 months, since completing the tests before an application can be accepted. This is because it is important for couples to have accepted their infertility and grieved before moving on to start the adoption process.

15.12 Applicants who have a Child or Children

Applications will be accepted from people who already have a child, in which case any children should usually be at least two years older or younger than the age of the child an applicant is seeking to adopt. If the intention is to adopt a child in the middle of the family, there should be a three year age gap between the siblings.

15.13 Domicile/Habitual Residence in the British Isles

Applicants do not have to have British Citizenship, but should have their Domicile or Habitual Residence in the British Isles. Where there is a joint application, only one of the applicants need to be domiciled in the British Isles or both should be habitually resident here. In all these cases it is essential to see all relevant documents in order to fully establish nationality and immigration status.

Where there is doubt, potential applicants should be asked to seek independent advice.

15.14 Location

Applications are welcome from those who reside within the borough or elsewhere.

Applicants must be prepared to travel for group meetings, introductions etc. and be available for assessment and home visits.

15.15 Child Care Experience

It is important that the applicant who is going to be the main carer has some experience of children of the age group in which the applicants are interested.

15.16 Support Network

Applicants will need to demonstrate that they have accessible and established support networks of family and friends who will be in a position to provide support with parenting.

15.17 Post Placement/Post Adoption Contact

Prospective adopters will be expected to comply with arrangements for post placement/post adoption contact with the child's birth family, where the agency considers it is in the child's best interests for such contact to take place.

Appendix A: Standard Decision Letter – Not Suitable to Adopt

I am writing to tell you that having considered your application to become an adoptive parent and the recommendation of the adoption panel, this agency does not propose to approve you as suitable to be an adoptive parent. This is because [insert full and detailed reasons so that the prospective adopter understands fully why they are considered unsuitable to adopt a child. Include a copy of the adoption panel’s recommendation if different - See chapter 1] (this is referred to in this letter as “the determination”).

I know this will be disappointing news for you but before this determination is implemented, you may:

Accept the determination; or Make written representations to this agency; or Apply for the determination to be reviewed by an independent review panel. Option a – Accept the determination

It would be helpful if you could advise me, within 40 working days from the date of this letter, if this is your preferred option. The determination will be confirmed and a formal decision will be sent to you.

Option b - Representations to the agency

If you choose to make representations to this agency, these must be in writing and be received at this office within 40 working days from the date of this letter. On receipt, I may consider your case again or refer it and your written representations to the adoption panel to consider and to make a fresh recommendation to me. If I do refer your case to the adoption panel you will be invited to attend the panel meeting to answer any questions the adoption panel may have. If I reconsider your case I may invite you to meet me to discuss your case. If I do refer your case to the adoption panel, I will take its recommendation into account when I make the final decision on your suitability to adopt.

Option c – Application to an independent review panel for a review

If you wish to apply to the independent review panel to review the determination, your written application and your reasons for the application must be received by the administrator to the independent review panel within 40 working days from the date of this letter. You will be invited to attend the review panel’s meeting. The function of the review panel is to consider your case anew and to make a fresh recommendation to the agency which will be taken into account alongside the original adoption panel’s recommendation when I make the final decision on your suitability to adopt. For information on the independent review mechanism (IRM) please see

http://www.independentreviewmechanism.org.uk.

If I have not heard from either you or the independent review panel’s administrator after the period of 40 working days has expired I will write to you confirming my decision on your suitability to adopt a child.

0 notes

cefsocialwork · 7 years

Text

Statutory Adoption Guidance - valid from July 2013

New chapter 3 – valid only from 1/7/2013 Please refer to the current chapter 3 for guidance up to 30 June 2013 Valid from July 2013

Contents Chapter 3 – Preparing, assessing and approving prospective adopters 4 Only valid from 1/7/2013 please see current chapter 3 for guidance up to 30 June 2013. 4

Eligibility to Adopt Establishing Domicile and Habitual Residence Status 5 Recruitment Seeking Information Registration of Interest Stage One – The Pre-Assessment Process Police checks Health checks References Counselling, Information and Preparation for Adoption Stage One - Pre-Assessment Decision Stage Two – The Assessment Process Fostering for Adoption Second opinion visits Reports to the adoption panel The adoption panel Agency decision Fast-track approval process Adoption Register – AAR 30G Agency decision – unsuitable to adopt Representations Agency decision following representations or review by review panel Review of approval: AAR 30D Compliance Chapter 3 Annex A Chapter 3 – Preparing, assessing and approving prospective adopters Only valid from 1/7/2013 please see current chapter 3 for guidance up to 30 June 2013.

1. The Government made clear in An Action Plan for Adoption: Tackling Delay (March 2012) how much it values prospective adopters: without them children who need an adoptive family would not be placed. We need more adoptive families, and we particularly need more who can meet the needs of children with complex needs. We also need adopters who are willing and able to consider Fostering for Adoption (see paragraphs 58 and 59); this includes practices such as concurrent planning.

2. At the heart of the Government’s adoption reform programme is a new, shorter two-stage approval process for prospective adopters. The aim of this process is to allow potential adopters first to learn more about adoption, and then to move quickly through the approval process. Whilst remaining rigorous, the new approval process will be time-bound and will also ensure that prospective adopters have a greater role in the process. There will also be a fast-track process for some previous adopters and approved foster carers.

3. The new approval process is supported by the National Gateway for Adoption (First4Adoption), an expert point of contact and access into the adoption system. The Gateway was established to provide clear and objective information to those interested in adoption. The aim is to ensure that potential adopters are better informed before they approach an adoption agency. The Gateway also provides information about the local adoption agencies that may be most appropriate for a potential adopter.

4. This part of the guidance explains the duties of an adoption agency in respect of prospective adopters, and how the new approval process should work in practice.

Eligibility to Adopt 5. An individual or couple cannot apply for an assessment of their suitability to adopt unless they meet, or would meet, the eligibility criteria to apply for an adoption order. The criteria are that:  the prospective adopter(s) is at least 21 years old;  at least one of the couple or the single prospective adopter is domiciled in a part of the British Islands or both of the couple or the single prospective adopter have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application for an adoption order; and  neither prospective adopter(s) nor an adult member of their household has been convicted or cautioned in respect of a specified offence. Establishing Domicile and Habitual Residence Status

6. Domicile and habitual residence are legal concepts that are undefined and subject to case law. Whether someone is domiciled or habitually resident in the United Kingdom (UK) will depend upon all the circumstances and facts of an individual case. Wherever there is an issue about the domicile and habitual residence status of an individual, they should seek their own independent legal advice. The adoption agency may also wish to seek legal advice.

7. A person is domiciled in the country in which they either have or are deemed to have their permanent home. In law, everyone must have a domicile, and can only have one domicile at any time. A person receives at birth a domicile of origin which remains their domicile, wherever they go, unless and until they acquire a new domicile (a domicile of choice). A person may acquire a domicile of choice by residing in a country other than their domicile of origin with the intention of continuing to reside there indefinitely. The intention that must be shown is the quality of residence. It is not sufficient for there to be an intention to reside in a country for a fixed period of time or until some clearly foreseen and reasonably anticipated event happens.

8. Whether or not a person is habitually resident in the UK will depend on the circumstances of their particular case and all facts must be considered. Habitual residence will not solely be determined by the place where a person is living at the time. The term indicates the quality of residence rather than mere duration and requires an element of intention. The term suggests that personal presence must continue for some time. Many factors must be taken into account, including bringing possessions, doing everything necessary to establish residence before coming, having a right of abode, seeking to bring family, and “durable ties” with the country.

9. There is no requisite period of residence. Someone who leaves the UK in order to take up employment elsewhere may acquire habitual residence in another country and retain habitual residence in the British Islands because of the type of links they have maintained. It is also possible to be habitually resident in two countries at the same time. Factors such as possession of a property, type of employment contract, financial arrangements and location of bank accounts, and local connections are just some of the many factors that may be relevant to any question relating to habitual residence.

Recruitment 10. The agency should develop a plan for securing sufficient potential adopters who can meet the needs of the children waiting for adoption and any children who are likely to need adoption in the future. This may be through the agency’s own recruitment and approval process or by using adopters approved by other agencies, or a combination of these approaches. The plan should also take into account the role that the National Gateway for Adoption and the Adoption Register can play, and consider any other national or regional recruitment activity. In developing this plan the agency should take account of past trends and projections of future need for numbers of adopters. It should also take into account the needs of the children awaiting adoption and the likely needs of any future children for whom the agency might have to find a placement for adoption. The agency should consider how prospective adopters might be encouraged and supported to meet any particular needs of children, including older children, disabled children, Black and minority ethnic children, or children in sibling groups, who they might not have initially considered themselves able to adopt; and where appropriate should plan for increasing the number of available adopters from particular communities. Seeking Information

11. Potential adopters may approach the National Gateway for Adoption or any adoption agency for general information about adoption. This can include, for example information on the legal implications of adoption, eligibility criteria, the characteristics of children awaiting adoption and the approval process.

12. Where a potential adopter decides, after receiving general information, that he or she would like to pursue an adoption further, he or she may approach a local adoption agency for more detailed information about adoption.

13. An agency should respond impartially to requests for information and provide this within ten working days through an information session, a visit, pre-planned telephone call or similar arrangement with the potential adopter. This may need to take place in the evening or at the weekend to fit around the potential adopters’ life style and working patterns. This is the minimum response from the agency that would be acceptable at this stage but the agency may provide further information sessions if they and the potential adopter wish to do so.

14. Detailed information should enable potential adopters to consider better whether they want to proceed with the approval process and to reflect on the parenting needs of the children awaiting adoption. They may feel more confident to consider a broader range of children once they have a greater understanding of what is involved in parenting those children. Detailed information should also enable them to consider their expectations of adoption, and the consequences for them and their family of caring for an adopted child who may have a range of complex needs.

15. Where an agency is not recruiting or knows that it will not have the capacity to undertake assessments in the immediate future it should advise the potential adopter of this and offer to refer them to the National Gateway for Adoption or, if it knows of one, another agency which is recruiting.

16. Where an enquiry is about inter-country adoption, the agency should try to find out whether the potential adopter has considered adopting a looked after child. Many people believe that they would not be able to adopt a child in this country and it is important that agencies dispel the many myths around domestic adoption. While inter-country adoption is permitted, the agency’s primary role is to find adoptive families for looked after children in England. People that the agency feels may be unsuitable to adopt a looked after child in England should not be advised to apply to adopt a child from overseas. Registration of Interest

17. Once a potential adopter has received information about adoption they will either decide that adoption is not right for them at that point in time or will wish to move to the next stage of the process. The potential adopter will need to formally register their interest with an adoption agency to enter Stage One of the approval process. From this point they are referred to as prospective adopters. Prospective adopters will register their interest via a form provided by the agency which will include as a minimum:  name and address of the potential adopters;  authority to commence Stage One checks;  confirmation the potential adopters have not registered their approval with another agency;  a reminder that the potential adopters should be contactable in the week following their registration of interest, and a request for times for contact during that period;  questions to ensure the potential adopters meet the eligibility criteria.

18. The agency should decide within five working days from receipt of a registration of interest whether or not to accept this, unless there are exceptional circumstances which mean that longer is needed. To help the agency make this decision, the agency may need to arrange a visit, have a meeting or a pre-planned telephone call (whichever is considered most appropriate in each individual case) with the prospective adopter. Provided an agency has sufficient capacity, they should assess prospective adopters who are able to meet the needs of children awaiting adoption in any local authority and not just focus on recruiting adopters for children in their own local area. There may be circumstances where it would not be appropriate for an agency to accept a registration of interest, such as where they temporarily lack capacity to take on more prospective adopters. In cases like this, the agency should redirect the prospective adopter to the National Gateway for Adoption or another agency which is currently recruiting.

19. Adoption agencies must not refuse to accept registrations of interest on the grounds of, for example, a prospective adopter’s ethnicity, age, health, sexual orientation, religious beliefs or because they do not share the same ethnicity, culture or religious beliefs with the children waiting for an adoptive family. Prospective adopters may only be excluded if they do not meet the eligibility criteria at paragraph

20. The ability of a potential adopter to meet the needs of a child related to their religion, language and other characteristics associated with their and the potential adopter’s “ethnicity” can be a relevant consideration in determining the appropriate match for a child. In some rare cases, it may be an important consideration. A prospective adopter should be considered able to parent a child with whom they do not share the same ethnicity, provided they can meet the child’s most important identified needs throughout the child’s childhood. The agency must provide them with flexible and creative support. This applies equally whether a child is placed with a black or minority ethnic family, a white family, or a family which includes members of different ethnic origins. Only in very exceptional circumstances should matching a child with prospective adopters be delayed solely on the grounds that the available prospective adopters cannot meet all the child’s needs arising from their racial or cultural background. See Chapter 4 for further information on matching considerations.

21. Agencies must not turn away potential adopters because of their age. There is no upper age restriction on applying to become adoptive parents, but there is a minimum age of 21 years. Older and more experienced people could take on the care of older children, provided they will have the health and vigour to meet the child’s varied demands in their growing years and to be there for them into adulthood. Age is also not necessarily linked to general health, fitness and emotional wellbeing. The agency’s medical adviser should investigate and obtain relevant information about a prospective adopter’s health in order to be satisfied that they are able to take on the task of adopting a child and have the expectation of caring for the child through childhood and into adulthood.

22. Where an agency declines a registration of interest it should provide the prospective adopter with a clear written explanation of the reasons why, and offer them the choice of going directly to another agency or to the National Gateway for Adoption for signposting to another agency. 23. Where an agency accepts a registration of interest it must set up a case record in respect of the prospective adopter. The registration of interest will be part of this record. AAR 23 sets out the other contents of this record. Chapter 6 of this guidance deals with the confidentiality and preservation of this and other adoption case records.

Stage One – The Pre-Assessment Process 24. Stage One begins when the agency accepts the registration of interest in adoption and should normally take no more than two months to complete. It is during this stage that the prospective adopter will be exploring the extent of their interest in and capacity for adoption, prior to a firmer decision on whether to proceed to Stage Two. For this reason, Stage One will focus on initial training and preparation, and on ascertaining, through prescribed checks and references, whether there is any absolute reason why the prospective adopter should not proceed further. The expectation is that the prospective adopter will be closely involved in the Stage One process and agencies are expected to take into account fully the prospective adopter’s wishes on how they wish to work through Stage One. All prescribed checks and references must be carried out during Stage One in parallel with initial training and preparation.

25. The agency should explain the Stage One process in detail and what will be required of the prospective adopter. Agencies are expected to support the prospective adopter and are required to draw up the Prospective Adopter Stage One Plan which will set out the responsibilities and expectations of both the prospective adopter and the agency during Stage One. AAR 22 sets out the contents required. Under the guidance of the agency, the prospective adopter should feel that this stage of the process is ‘adopter-led’ and the Stage One Plan should be, as far as possible, agreed with the prospective adopter – indeed it may be locally referred to as an ‘agreement’.

26. The agency should also explain the importance of openness at all times. Matters the prospective adopter might consider unimportant may be of greater significance than they realise. Nevertheless, the agency should not assume that a failure to disclose information that it considers relevant automatically implies that the prospective adopter is unsuitable. It will be necessary to discuss the matter and the reasons for non-disclosure. See Hofstetter v London Borough of Barnet and IRM [2009] EWHC 3282 (Admin).

27. Prospective adopters should be encouraged to use any other materials that offer them the opportunity to explore and reach an informed view about aspects of parenting and their parenting capacity (such as therapeutic parenting and health and safety) and help them to identify their own training needs. Agencies should visit or have a meeting or pre-planned telephone call with the prospective adopter (whatever works best for them and best meets their preferences) to ensure that they have the opportunity to ask for more information or training based on their particular needs.

Police checks 28. The safety and welfare of the child are paramount and under AAR 25 the agency must conduct criminal record checks on the prospective adopter and any adult members of their household.

29. Prior to Stage One, prospective adopters should be given an explanation of the statutory duty on the agency to conduct checks into their background and into the background of any other adult members of their household. The agency should make it clear that the prospective adopters will not be able to proceed to Stage Two where criminal record checks identify them or an adult member of their household as having been convicted of a specified offence or police caution in respect of a specified offence.

30. Where an agency will not learn the full history by conducting a criminal record check and other background checks on the prospective adopter, for example, where they have lived abroad for an extended period, it should decide whether it should carry out any other checks or take up additional references. The agency should ensure it has sufficient information to justify continuing with Stage One but not delay the approval process. If it decides not to proceed, it should provide the prospective adopter with a clear written explanation of the reasons why.

31. An agency may not consider a prospective adopter suitable to adopt a child if they or any adult member of their household has been convicted of a specified offence committed at 18 or over, or has received a police caution in respect of a specified offence which they admitted at the time the caution was given. In such circumstances the agency must notify the prospective adopter in writing, with reasons, without delay.

32. A “specified offence” means:  an offence against a child1;  an offence specified in AAR, Part 1 of Schedule 3;  an offence contrary to section 170 of the Customs and Excise Management Act 1979. This relates to goods which are prohibited to be imported under section 42 of the Customs Consolidation Act 1876 1 Within the meaning of section 26(1) of the Criminal Justice and Court Services Act 2000. However, it does not include an offence that is contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) where the offender was under the age of 20 and the child was aged 13 or over at the time the offence was committed. (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16; or  any other offence involving bodily injury to a child, other than an offence of common assault or battery.

33. Information which the agency has obtained from the Disclosure and Barring Service (DBS) should be retained by the agency on the prospective adopter’s case record for a limited time only. This information should be destroyed when the agency decides that the prospective adopter is suitable to adopt a child. The agency should note on the prospective adopter’s case record that it has destroyed the DBS information and that this information had led the agency to form a particular view, without citing the information itself.

34. Where the criminal record checks disclose previous convictions or cautions for non-specified offences, the agency may consider that the prospective adopter is not suitable to adopt. In such circumstances, the agency must exercise its discretion and decide whether to continue with Stage One. If it decides not to proceed, it must notify the prospective adopter in writing, with reasons, without delay.

35. In circumstances where the application is a joint application, the agency may only inform the prospective adopter who is the convicted or cautioned individual of the specific reason for terminating Stage One. The social worker should explain to that person that the agency will not inform the other person of the specific conviction or caution but will inform them that because of information obtained from the checks the joint application cannot proceed.

36. Likewise, where the checks reveal information about an adult member of the household that indicates that the agency must terminate Stage One, the agency is restricted from disclosing information about that conviction or caution which prevents the application from proceeding. It may inform that individual and suggest that they inform the prospective adopter but it may not do so itself. In such a case, the agency should counsel the prospective adopter that its checks indicate that the agency must not continue with Stage One and that its checks indicate that the agency should not proceed with the application. Health checks

37. The agency must obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination. The report must include the matters specified in Part 2, Schedule 4 of the AAR, unless the agency has received advice from its medical adviser that such an examination and report is unnecessary. 38. The agency’s medical adviser will need to provide a summary of the prospective adopter’s state of health as part of the prospective adopter’s report. The adviser will need to form a view as to the adequacy of the medical reports received and to advise whether additional specialist opinion should be obtained. The prospective adopter’s current GP may not have a full health history of the prospective adopter, particularly if they have received private medical care outside the NHS. Prospective adopters should be helped to understand the importance of making their full health history available to the agency’s medical adviser.

39. Agencies have a duty to satisfy themselves that prospective adopters have a reasonable expectation of continuing to enjoy good health. The medical adviser should explain and interpret health information from the prospective adopter, their GP, and consultants to facilitate adoption panel discussion. The opinion of the agency’s medical adviser needs to be given sufficient weight by adoption panels and the agency decision-maker.

40. Mild chronic conditions are unlikely to preclude people from adopting provided that the condition does not place the child at risk through an inability of the individual to protect the child from commonplace hazards or limit them in providing children with a range of beneficial experiences and opportunities. Agencies should bear in mind the possibility of providing support in appropriate cases to assist in overcoming any possible negative consequences arising from disability or restricted mobility. More severe health conditions may raise a question about the suitability of the prospective adopter, but each case will have to be considered on its own facts and with appropriate advice.

References 41. Schedule 4 of the AAR requires the prospective adopter to provide the names of three referees, two of whom should not be related to them. The agency must prepare a written report of the interviews held with each of the referees. Where the agency considers it necessary, it may seek references from ex-partners and adult children of prospective adopters.

42. The agency must ascertain whether the local authority in whose area the prospective adopter has their home has any information about them that may be relevant to the assessment. If so, the agency must obtain from that authority a written report setting out the information. Local authorities asked for this information should comply promptly with these requests and provide this information within 15 working days wherever possible. In requesting information from a local authority, the agency should seek to ascertain whether records held by social services and education departments, including the child protection register, hold relevant information about the prospective adopter. 43. There is no reason in principle why information held by one part of the local authority should not be shared with another. Protocols operated by children’s services may, however, restrict access to the child protection register to cases where there is concern for the safety of a child. This means that an adoption check may not automatically involve a check to see whether a child of the family has been the subject of a child protection plan unless such a check is specifically requested. The prospective adopter may have lived for only a short period in the area of their local authority. In such cases, the agency should obtain information from the prospective adopter’s former local authorities. Counselling, Information and Preparation for Adoption

44. Some prospective adopters may already have recent experience of caring for a child, as parents, foster carers or child minders. Some may be applying to adopt for a second time. The agency should discuss and agree the nature of the preparation that is most appropriate for the prospective adopter. Adoption preparation may be provided by the agency itself or with another agency or adoption support agency. In order to maximize the use of resources, and to avoid unnecessary delay, agencies should consider creatively whether they can make arrangements with neighbouring agencies to provide joint preparation groups.

45. All prospective adopters will need some form of adoption preparation. The agency will need to decide its form and substance, arranging preparation that takes into account the prospective adopter’s circumstances. Preparation should be designed to help prospective adopters make an informed decision about pursuing adoption based on an understanding of the qualities they have to offer a child. The agency should build on these strengths when working with the prospective adopter.

Stage One - Pre-Assessment Decision 46. Where it is clear that Stage One will take longer than two months, for example, because a criminal record check is delayed or the prospective adopter wants more time (they might be struggling with the process or have a significant event such as a family bereavement), an agency may delay making their pre-assessment decision. In this case agencies will be required to detail the reasons for the extended timescale on the prospective adopter’s case record, along with supporting evidence. This information is important given that performance on the timeliness of the approval process will be measured. 47. Where an agency decides that a prospective adopter is not suitable to adopt during or at the end of Stage One, it must inform the prospective adopter of the decision and provide them with a clear written explanation of the reasons why they will not be able to proceed to Stage Two. Prospective adopters who wish to 14 complain about this decision may make a complaint using the agency’s local complaints procedure. They will also be able to raise general concerns about the process with the National Gateway for Adoption. The Independent Review Mechanism is not available for decisions made during Stage One. 48. If a prospective adopter wishes to take a break between Stage One and Stage Two, or an agency recommends such a break, this will be subject to a maximum time limit of six months. Six months should be sufficient in the vast majority of cases to enable prospective adopters to resolve, for example, a housing, employment or financial issue, or to recover from an illness or family bereavement. Where this break is longer than six months the prospective adopters will need to restart Stage One. In these circumstances, agencies should respond within five working days of contact from the prospective adopter and offer them a re-entry interview. The Stage One Plan should take into account activities undertaken previously. 49. Where an agency considers that a prospective adopter might be suitable to adopt a child, the agency must notify them of its decision and explain that they must notify the agency if they wish to proceed to Stage Two within six months of the date of the agency’s notification. Stage One ends with the agency’s decision about whether the prospective adopter might be suitable to adopt.

Stage Two – The Assessment Process 50. Prospective adopters are not able to commence Stage Two of the process until they have successfully completed Stage One and have notified their agency that they wish to proceed with the assessment process (within six months of the agency decision).

51. Stage Two should generally be completed with the same agency as Stage One. There could be occasions where a prospective adopter will need to undertake Stage Two with a different agency, for example if they move area or the agency identifies capacity issues which would delay a move to Stage Two, but this would only be in exceptional circumstances. In such circumstances it would be up to the new agency to decide whether to accept the prospective adopter at Stage Two and, if they did, any case records would have to be transferred to the new agency under AAR 43.

52. Stage Two starts when the agency receives notification from the prospective adopters that they wish to proceed with the assessment process. Stage Two should take four months unless there are exceptional circumstances which mean the agency cannot make the decision within that time, or the agency delays making the decision upon the request of the prospective adopter. Reasons for any extensions should be recorded on the case file. Stage Two is about intensive training and assessment. Agencies should begin this stage with a meeting or pre- planned phone call between the prospective adopter and the allocated social worker. The social worker should explain how Stage Two will operate and what will be required of the prospective adopter. The social worker should explain the decision-making process and the role of the Adoption Panel and the Independent Review Mechanism.

53. Agencies must prepare with the prospective adopter an Assessment Plan detailing the assessment process, dates for meetings/visits, agreed training and any further information that may be required (see AAR 29). This should, as far as possible, be agreed with the prospective adopter, and as with the Stage One Plan, may be referred to locally as an ‘agreement’. Agencies should provide any necessary intensive training and in parallel, carry out an assessment of the prospective adopter’s suitability to adopt and produce a report of that assessment.

54. AAR 30 sets out the duties of the agency in carrying out its assessment and preparing the prospective adopter’s report. In conducting the assessment, the social worker should analyse and consider the information they ascertain from and about the prospective adopter, including any issues identified during the adoption preparation. The approach should be objective and inquiring, with information evaluated and its accuracy and consistency checked. 55. AAR 30(2) and Parts 1 and 3 of Schedule 4 list the information required for inclusion in the prospective adopter’s report. The report itself is one of those to which the Restrictions on the Preparation of Adoption Reports Regulations 2005 (ARR) apply. See Chapter 1.

56. Stage Two will end with the agency decision-maker’s decision about the suitability of the prospective adopter to adopt a looked after child. If a prospective adopter is considered unsuitable to adopt during Stage Two, the prospective adopter will be able to make representations to the agency or request a review by the Independent Review Mechanism. The prospective adopter will also be able to raise general concerns about the process with the National Gateway for Adoption. 57. Where the agency considers that more time is needed or a prospective adopter wants more than four months to complete Stage Two (e.g. because the prospective adopter is struggling with the process or there has been a significant event in their life a such as a family bereavement), the agency may delay making their decision on the suitability of the prospective adopter. If the decision is delayed the agency must detail the reasons for the extended timescale on the prospective adopter’s case record, along with supporting evidence. Again, this information is important given that performance on the timeliness of the approval process will be measured. Fostering for Adoption 58. The agency should discuss with the prospective adopter whether they may be interested in fostering a child for whom adoption is thought to be a likely outcome. Although the child’s plan is likely to become adoption, the local authority has not yet ruled out other options for that child. Such placements are known as Fostering for Adoption (FFA) and include practices such as concurrent planning. There is no need for the agency to assess and approve the prospective adopter as a temporary foster carer at the same time as they are carrying out the adopter approval process although they can do so if they and the prospective adopter wish to do so. The child’s local authority can arrange for the foster care assessment and approval of an approved adopter. A voluntary adoption agency can undertake the foster carer assessment if it is also a fostering agency.

59. The agency should indicate on the prospective adopter’s report if the prospective adopter is interested in FFA. This will allow local authorities to match the prospective adopter with a child requiring a FFA placement. Guidance on the temporary approval of a prospective adopter as foster parent for a named child can be found in the Children Act 1989 Guidance and Regulations: Volume 2: Care Planning, Placement and Case Review. Second opinion visits

60. The social worker who assesses the prospective adopter should draft the report for the adoption panel highlighting any issues of concern and submit it to their team manager. Where there are any issues of significant concern or where clarification is needed, the manager may arrange for a second person to visit the prospective adopter to discuss these but must remain mindful of the timeframe for Stage Two. The second person could be a team manager or another adoption social worker. A visit by another person provides a second opinion where necessary before the report to the panel is finalised in cases where clarification is needed but should not be routinely carried out. The author of the report and the countersigning officer should both sign and date the report, state their qualifications and experience, and confirm that they have complied with ARR 3. Reports to the adoption panel Full prospective adopter’s report

61. AAR 30(2) sets out the contents of the prospective adopter’s report. Except in cases where a ‘brief report’ is appropriate, the agency will present this to the adoption panel, together with the other documents specified in AAR 30. The agency must tell the prospective adopter that the case is to be presented to panel.

It must give them a copy of the prospective adopter’s report and invite them to send their observations on that report within 5 working days (unless there are exceptional circumstances). The medical report and references should not be sent to the prospective adopter. Once this time has elapsed or where the observations have been received earlier, the report and the prospective adopter’s observations should be sent to the panel, together with any written reports of interviews with referees, the medical reports (if advised to do so by the medical adviser), and any other relevant information obtained by the agency.

62. The other relevant information that the agency might obtain could include, for example, information from the police using their common law powers to prevent crime. This is information that a chief police officer does not wish to disclose to the person it is about. Such information, when disclosed to the agency, should be considered but not shared with the prospective adopter or the panel. With joint applications there may be circumstances where one prospective adopter shares information with the agency which they do not want disclosed to their partner, this information should be shared with the panel but not with the other potential adopter.

63. The panel may request additional information and the agency should obtain it so far as reasonably practicable. Again, unless there is good reason to justify not doing so, additional information obtained in this way should be shared with the prospective adopter. In the case of R v London Borough of Newham (on the application of A, T and S) [2008] EWHC 2640 (Admin) the Court of Appeal was critical of the procedural unfairness of the agency’s providing additional social work reports to the panel which were not shared with the prospective adopters. Brief prospective adopter’s report

64. AAR 30 provides for cases where the agency’s assessment of the prospective adopter, while still incomplete, reveals information that leads the agency to consider that the prospective adopter may not be suitable to adopt. Under AAR 30(4) the agency may prepare a brief prospective adopter’s report (brief report) even though it may not have obtained all the information required by AAR 30.

65. In brief report cases, it is likely that the information that suggests to the assessing social worker that the prospective adopter may not be suitable will be discussed during the course of supervision. A decision not to complete the full assessment is a serious step to take and advice should first be sought from the social work team leader or line manager. Depending on the nature of the information, advice may also need to be sought from the agency’s medical adviser or legal adviser, or both. The agency should explain its concerns to the prospective adopter and offer counselling, involving other professionals as appropriate. As a result of the counselling and advice, the prospective adopter may decide to withdraw their application. If they decide not to withdraw their application, the agency should prepare the brief prospective adopter’s report.

66. As with the full report, a copy of the brief report must be given to the prospective adopter who must be invited to send their views to the agency within 5 working days or longer if there are exceptional circumstances. Once this time has elapsed or the views have been received earlier, the report (and any information obtained under AAR 30) should be sent to the panel together with the views expressed by the prospective adopter.

The adoption panel 67. Once a case has been referred to the panel, the panel must consider the case and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child. Their recommendation will be governed by the duty under AAR 30A to consider all the information passed to it, and under regulation 4.2 of the Suitability of Adopters Regulations 2005 (SAR) to have proper regard to the stability and permanence of the relationship of any couple whose case is referred.

68. Where it considers that it has insufficient information it should request that the agency obtains further information and the agency must comply with this request. In the case of a brief report, the panel will not be able to make a recommendation that the prospective adopter is suitable because not all the necessary information will be before it. Its recommendation is restricted to a recommendation that the prospective adopter is not suitable or a request to the agency to complete a full prospective adopter’s report.

69. The prospective adopter must be invited to attend a meeting of the panel before it makes its recommendation. This invitation should be extended to the prospective adopter each time the panel meets to discuss their case. The invitation should make clear that the purpose of the meeting is to provide an opportunity for both the panel and the prospective adopter to discuss and clarify the prospective adopter’s reasons for wishing to adopt, and any other matter that either party considers relevant to the application.

70. The invitation should also make clear that the prospective adopter is under no obligation to meet the panel. If they decline the invitation this in itself should never be considered as a reason for recommending that they are unsuitable to adopt. The agency should at this time provide the prospective adopter with advice about the panel meeting, including how it will be conducted.

71. Where the prospective adopter attends the panel meeting, the agency should explain the aims of the meeting, who will be present on the panel and their individual roles. Panels can be stressful for prospective adopters and, as far as possible, should avoid being perceived as intimidating.

72. If the panel recommends that the prospective adopter is suitable to adopt a child, then it may also give advice to the agency about the children the prospective adopter may be suitable to adopt but is not required to give such advice. Panel members should be made aware of the research of Farmer and Dance2 which explores the issues connected with ‘stretching’ adopters’ preferences when making a match. Panel advice will inform subsequent matching of the prospective adopter with a child but the agency is not restricted by this advice. Agencies may decide to follow this advice or may wish to take a more active approach to matching and explore a wider range of potential matches rather than limit their scope.

Agency decision 73. The agency’s decision-maker must make a considered and professional decision as to the suitability of the prospective adopter to adopt a child. As well as making the decision, the decision-maker may express a view on any advice given by the adoption panel or review panel about the children the prospective adopter may be suitable to adopt. This is not the same as a decision on the prospective adopter’s suitability. Where the decision-maker expresses a view on this aspect of the adoption panel or independent review panel’s advice, this may be taken into account by the agency during the matching process together with other factors such as the further development of the prospective adopter’s capacity. This must be recorded in the prospective adopter’s case record.

74. Where the decision is to approve the prospective adopter, the agency should provide them with information which explains the role of the Adoption Register and include the Register’s website address (http://www.adoptionregister.org.uk).

Fast-track approval process 75. There is a fast-track process for certain previous adopters and foster carers who bypass Stage One and enter the process at Stage Two. They should receive a tailored assessment to take account of such factors as their previous experience of adopting or fostering and the needs of the child they have previously adopted/fostered.

76. Those eligible for the fast track process are adopters who have previously adopted in a court in England or Wales after having been approved under the Adoption Agencies Regulations 2005 (or corresponding Welsh provision), or inter-country adopters who have been assessed under the Adoptions with a Foreign Element 2 Farmer, E and Dance, C (2010) Adoption Research Initiative study An investigation of family finding and matching in adoption. Regulations 2005 and anyone who is an approved foster carer in England at the time they apply to adopt.

77. The fast-track process does not include a person with whom a child is placed under regulation 24 (temporary approval of relative, friend or other person connected with C) or 25A (temporary approval of prospective adopter as foster parent) of the Care Planning, Placement and Case Review (England) Regulations 2010.

78. At the same time the agency should provide any necessary additional training, such as where the prospective adopters are seeking to adopt a child with needs which are very different to those of the child they have fostered/adopted. Agencies will in each individual case need to determine whether prescribed checks and/or references should be sought depending on the time since approval and, in the case of foster carers, the time since a child was placed with them. Agencies are required to complete the fast-track process within four months. This includes the time taken to access information from adoption agencies and fostering services which have 15 working days to provide such information (see separate fostering and adoption information sharing protocol- link to be inserted).

79. Foster carers who express an interest in adopting children in their care or prospective adopters expressing an interest in a specific child should be given advice about the fact that the adoption procedures apply in their case as in any other. Biehal et al3 found that outcomes for foster carer adoptions were, on the whole, positive. Although foster carers have a legal right to institute their own adoption application once the child has lived with them for a specific period of time (known as a non-agency case), the local authority should encourage them to participate in the adoption agency process.

80. The foster carer needs to understand the eligibility for adoption support, i.e. if the foster carer applies direct to the court for an adoption order and the local authority opposes the application, they and the child will be limited in their eligibility under the Adoption Support Services Regulations 2005 to counselling, advice and information only. However, if the local authority supports the application to the court for an adoption order, the foster carer and the child will be eligible for assessment of their adoption support needs as the child is a looked after child.

81. It should be made clear to foster carers, or those who apply to be approved for specific children, that their assessment will be in respect of their suitability to adopt generally and that, if they are approved, their suitability to adopt a specific child or children will be addressed separately as part of the matching process. 3 Biehal, N., Elison, S., Baker, C., and Sinclair I. (2009) Adoption Research Initiative study Characteristics, Outcomes and Meanings of Three Types of Permanent Placements - Adoption by Strangers, Adoption by Carers and

Long-Term Foster Care. 21 Adoption Register – AAR 30G 82. The Adoption Register holds information on children waiting to be adopted and approved prospective adopters who are available and able to meet the needs of children.

83. Agencies must refer prospective adopters to the Register as soon as possible and in any event no later than 3 months from approval unless they have identified a particular child with whom they are considering placing with the prospective adopter. Agencies must ensure that the information the Adoption Register holds on the prospective adopter is kept up to date. Prospective adopters may choose to refer themselves to the Register, three months after approval, using the Adopter Self-Referral form (AD02).

Agency decision – unsuitable to adopt 84. If the agency decision-maker makes a qualifying determination, i.e. considers the prospective adopter is unsuitable to adopt following a full or brief prospective adopter’s report, the prospective adopter has the right to make representations to the agency or apply for an independent review. In these circumstances, the agency must use the standard letter providing full and detailed reasons for the determination (see Annex A). Being considered unsuitable to adopt may have a devastating effect on the prospective adopter who may need help, support and counselling from their social worker during this difficult time. Their social worker should give them a full explanation of why they are not considered suitable to adopt and give them information on what action they can take if they do not agree with the determination.

85. The agency must note the prospective adopter’s case record to ensure that no action is taken until after the 40 working day period for making representations or applying to the review panel has expired. After the 40 working day period has expired, the agency decision-maker must proceed to make a decision on the suitability of the prospective adopter to adopt a looked after child. It must also notify the prospective adopter in writing of its decision together with the reasons for that decision.

Representations 86. Where the agency receives representations from the prospective adopter within 40 working days, the decision-maker may consider the representations and may invite the prospective adopter to meet to discuss their case. The decision-maker may, instead, refer the case to the adoption panel for further consideration. Where the case is referred to the panel, the panel must consider the case again and make a fresh recommendation as to the suitability of the prospective adopter to adopt a child, see AAR 30B(8). The prospective adopter must be invited to attend the panel meeting to answer any questions the adoption panel may have.

Agency decision following representations or review by review panel 87. On receipt of the adoption panel’s or independent review panel’s recommendation, advice and minutes of the meeting, the agency’s decision-maker must make a decision in accordance AAR 30B(9). This requires them to take into account the further recommendation of the adoption panel (if any) or, where the review panel has made a recommendation, to take account of that recommendation and the recommendation of the original adoption panel before coming to a final decision. As with the original determination, if the decision-maker remains minded not to approve the prospective adopter, they should discuss the case with a senior colleague within the agency before making the final decision.

88. As soon as possible after making its decision the agency must notify the prospective adopter in writing of its decision. Where the decision is not to approve the prospective adopter, the agency must provide the reasons for the decision. If the adoption panel’s or review panel’s recommendation was different, a copy of that recommendation must also be provided to the prospective adopter. In respect of a case referred to the independent review panel, the Secretary of State must also be given written notification of the decision. Review of approval: AAR 30D

89. In most cases, the approved prospective adopter should be quickly matched with a child and, where possible, matching can take place alongside the approvals process. While family finding is ongoing (or there is a break in the family finding because the prospective adopter needs more time) the adoption social worker should maintain contact with the prospective adopter and keep them informed of progress, and encourage them to keep the agency informed of any changes in their lives. This will also be a time of reflection and the prospective adopter may reconsider the characteristics of the children they feel able to parent. The agency should be responsive to changes of view, allowing the opportunity to discuss these and consider their possible implications.

90. AAR 30D(2) requires the agency to review the prospective adopter’s approval periodically until a child is placed for adoption with them or a match is under active consideration. Such a review must be held a year after approval and, subsequently, at yearly intervals or earlier if the agency considers it necessary.

91. The need for an earlier review could arise, for instance, where a child was placed with the prospective adopter and the placement disrupts, a couple separates, there are substantive changes in their health or their economic circumstances or any other matters arise which may affect their suitability to adopt.

92. When carrying out a review the agency must make enquiries and obtain information it considers necessary in order to review whether the prospective adopter continues to be suitable to adopt; take into consideration minutes and recommendations of any disruption meeting held following a placement disruption; and take into account the views of the prospective adopter.

93. The review should consider the prospective adopter’s family circumstances, health, economic circumstances, work commitments, and whether police and medical checks are still up-to-date. The prospective adopter should be asked whether their health remains unchanged since the previous medical checks arranged by the agency. Advice on whether these should be renewed should be sought from the agency’s medical adviser.

94. Where the agency completes its review and considers that the prospective adopter remain suitable to adopt, it need only inform the prospective adopter and record its view on the prospective adopter’s case record.

95. Where the information gathered in the review suggests to the agency that the prospective adopter may no longer be suitable to adopt, AAR 30D(4) sets out the steps that the agency must take. As with the original approval process, the report that the agency presents to panel in these circumstances must be shared with the prospective adopter so that they may make comments. The rest of the process, including the rights of the prospective adopter in the event of an unfavourable outcome, is the same as for the original approval process.

96. In some cases the prospective adopter may accept, with the help of counselling, that as their circumstances have changed significantly they are no longer suitable to adopt, or that they no longer wish to go ahead. The agency should note this on the prospective adopter’s case record and ensure that the panel is informed that the prospective adopter no longer wishes to adopt. If this occurs prior to the prospective adopter’s review report being prepared or submitted to the panel, there is no need for the agency to carry out the subsequent actions set out in AAR 30D. Compliance

97. The agency should monitor its performance and provide reports to its trustees or board members if it is a voluntary adoption agency or the executive side of the local authority every six months about children who are in the care of their local authority and who are waiting to be placed with new families. These reports should include:  the number, type and age of the children waiting for an adoptive placement and length of time they have been waiting;  the agency’s performance against the timescales set out for the two-stage process above and in Chapter 1;  progress in the recruitment of suitable adoptive families;  the number of children placed for adoption and adopted since the last report; and  the number of children whose placement has disrupted or where there has been a change of plan and the child is no longer to be placed for adoption.

Chapter 3 Annex A STANDARD LETTER I am writing to tell you that having considered your application to become an adoptive parent and the recommendation of the adoption panel, this agency does not propose to approve you as suitable to be an adoptive parent. This is because [insert full and detailed reasons so that the prospective adopter understands fully why they are considered unsuitable to adopt a child. Include a copy of the adoption panel’s recommendation if different - See chapter 1] (this is referred to in this letter as “the determination”). I know this will be disappointing news for you but before this determination is implemented, you may: a. accept the determination; or b. make written representations to this agency; or c. apply for the determination to be reviewed by an independent review panel. Option a – Accept the determination It would be helpful if you could advise me, within 40 working days from the date of this letter, if this is your preferred option. The determination will be confirmed and a formal decision will be sent to you. Option b - Representations to the agency If you choose to make representations to this agency, these must be in writing and be received at this office within 40 working days from the date of this letter. On receipt, I may consider your case again or refer it and your written representations to the adoption panel to consider and to make a fresh recommendation to me. If I do refer your case to the adoption panel you will be invited to attend the panel meeting to answer any questions the adoption panel may have. If I reconsider your case I may invite you to meet me to discuss your case. If I do refer your case to the adoption panel, I will take its recommendation into account when I make the final decision on your suitability to adopt. Option c – Application to an independent review panel for a review If you wish to apply to the independent review panel to review the determination, your written application and your reasons for the application must be received by the administrator to the independent review panel within 40 working days from the date of this letter. You will be invited to attend the review panel’s meeting. The function of the review panel is to consider your case anew and to make a fresh recommendation to the agency which will be taken into account alongside the original adoption panel’ recommendation when I make the final decision on your suitability to adopt. For information on the independent review mechanism (IRM) please see http://www.independentreviewmechanism.org.uk . If I have not heard from either you or the independent review panel’s administrator after the period of 40 working days has expired I will write to you confirming my decision on your suitability to adopt a child.

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cefsocialwork · 7 years

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Adoption Case Record

1. Opening an Adoption Case Record

1.1 Children

An Adoption Case Record for a child should be opened as soon as there is an adoption plan for the child i.e. once adoption has been identified as the permanence plan for the child at his or her Looked After Review or, where a child has been relinquished for adoption, as soon as the parent's request for adoption has been made. The Adoption Case Record is separate from the child's existing case record/file.

The child’s Looked After case record should indicate that a separate Adoption Case Record exists and must not include information in relation to the new identity or address of the child or any information whereby the child’s pre and post-adoption identity could be linked. Such information should only be contained on the Adoption Case Record. This principle applies to information kept in whatever form - electronic, hard copy or microfilm

Where the plan relates to a group of siblings, there must be a separate Adoption Case Record for each child.

1.2 Applicants to Adopt

An Adoption Case Record should also be opened for every prospective adopter as soon as a formal application has been received. In the case of a couple, a single case record can be set up for them both. This also applies to foster carers wishing to be considered as adopters.

2. Contents

2.1 Children

The child’s Adoption Case Record should contain the following information and documents:

The child’s original birth certificate and birth details (time, weight, type of delivery etc.) Description and details (including family tree) of the birth family and household set out in a Core Assessment or other relevant document Photographs, certificates, other significant personal mementos and Life Story Book Completed Neo-natal and obstetric reports BAAF Form A (completed by birth parents) BAAF Development Assessment Forms or equivalent The Child’s Permanence Report The Prospective Adopter's Report and Adoption Placement Report. The Adoption Support Plan The child’s profile, Matching Meeting minutes and any other documents prepared and presented for the matching decision. Record of social work with child about adoption, including recording of direct work. This should include the date of every contact, whether the child was seen, issued discussed, child's views, analysis and evaluation of the content of the report. This will provide a record to inform current actions and a record for the young person in later years. Details of siblings, together with any assessments and decisions to place brothers and sisters separately, including minutes of relevant meetings All relevant minutes and the Agency Decision Maker's decisions in relation to the child’s adoption plan and placement, including records of discussions held by the Agency Decision Maker. Copies of all notifications of agency decisions will be sent to birth parents and adopters. Looked After Review minutes and the child’s Care Plan from the point when adoption was identified as the plan. Assessments, correspondence and signed agreements relating to post-adoption contact Any other key correspondence to and from members of the child’s birth family Minutes from Placement Planning Meetings Itemised List and copies of information supplied to child Itemised List and copies of information supplied to adopters Later Life letter/information from the birth parents to the child Later Life letter from the social worker outlining the circumstances of the adoption plan The Adoption Placement Plan and any amendments Reports of visits to the child post-placement and records of any Adoption Review meetings. As previously stated, this should provide sufficient detail to inform current actions but also enable the young person in future years to make sense of his/her history. Court reports and other documents prepared for Placement Order applications (if applicable) and the adoption application. Copies of Care Orders (including Interim Care Orders) Copy of any Parental Consent to Adoptive Placement and Parental Consent to the adoption and/or a copy of the Placement Order Copy of Adoption Order Any recording relating to requests for access to birth records by the adopted person or access to the Adoption Case Record by any person. Any Veto - absolute or qualified - registered by the adopted person. Minutes of any Disruption Meetings It is essential that all case records reflect the supervisory process and comprehensive management overview.

2.2 Applicants to Adopt

The prospective adopter's Adoption Case Record should contain all the information obtained about him or her in relation to the application for approval, including the Prospective Adopter's Report, photographs etc. All relevant checks. References All relevant Panel minutes and the Agency Decision-Maker’s decisions in relation to the suitability of the adopters and the placement of the child with them Assessments, correspondence and signed agreements relating to post-adoption contact The Adoption Placement Plan Itemised List and copies of information supplied to adopters Any other key correspondence Reports of visits to the adopters Note: Where the Adoption Service places a child with an adopter or adopters approved by another adoption agency, an Adoption Case Record for the prospective adopters must still be set up and maintained in the Adoption Service.

3. Security and Retention of Records

Adoption Case Records must be stored in secure conditions. Paper records should be kept in locked cabinets. Electronic records should be password protected.

In cases where an Adoption Order is made, children’s Adoption Case Records will be retained for a minimum of 100 years after the Adoption Order is made. The Adoption Service Manager will first ensure that the Adoption Case Record is complete, and especially contains the ‘Later in Life’ letters and Post-Adoption Contact Agreements.

Where an Adoption Order is not made, children’s Adoption Case Records should be transferred back to the child’s Looked After record. Any duplicated information should be shredded.

Where an Adoption Order is not made, the prospective adopter's Adoption Case Record should be retained for 50 years.

Whenever it is necessary to send any part of an Adoption Case Record by post, either within or outside the Council, the information should be placed in a sealed plain envelope and marked ‘PERSONAL AND CONFIDENTIAL’. When the external post is necessary, then arrangements should be made for copies of relevant documents to be sent by recorded delivery.

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cefsocialwork · 7 years

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Court Reports in Adoption/Special Guardianship Guidance

Adoption Applications - Annex A Report - Matters to be Dealt with in Reports for the Court

Section A: The Report and Matters for the Proceedings Section B: The Child and the Birth Family Section C: The Prospective Adopter of the Child Section D: The Placement Section E: Recommendations

Section A: The Report and Matters for the Proceedings

Part 1 - The Report

For each of the principal author/s of the report:

Name; Role in relation to this case; Sections completed in this report; Qualifications and experience; Name and address of the adoption agency; and Adoption agency case reference number. Part 2 - Matters for the Proceedings

Whether the adoption agency considers that any other person should be made a respondent or a party to the proceedings, including the child. Whether any of the respondents is under the age of 18. Whether a respondent is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his or her property and affairs. If so, medical evidence should be provided with particular regard to the effect on that person's ability to make decisions in the proceedings. Section B: The Child and the Birth Family

Part 1

i. Information about the Child

a. Name, sex, date and place of birth and address including local authority area. b. Photograph and physical description. c. Nationality. d. Racial origin and cultural and linguistic background. e. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies). f. Details of any siblings, half-siblings and step-siblings, including dates of birth. g. Whether the child is looked after by a local authority. h. Whether the child has been placed for adoption with the prospective adopter by a UK adoption agency. i. Whether the child was being fostered by the prospective adopter. j. Whether the child was brought into the UK for adoption, including date of entry and whether an adoption order was made in the child's country of origin. k. Personality and social development, including emotional and behavioural development and any related needs. l. Details of interests, likes and dislikes. m. A summary, written by the agency's medical adviser, of the child's health history, his current state of health and any need for health care which is anticipated, and date of the most recent medical examination. n. Any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications. o. Names, addresses and types of nurseries or schools attended, with dates. p. Educational attainments. q. Any special needs in relation to the child (whether physical, learning, behavioural or any other) and his emotional and behavioural development. r. Whether the child is subject to a statement under the Education Act 1996. s. Previous orders concerning the child: The name of the court; The order made; and The date of the order. t. Inheritance rights and any claim to damages under the Fatal Accidents Act 1976 the child stands to retain or lose if adopted. u. Any other relevant information which might assist the court. ii. Information about each Parent of the Child

a. Name, date and place of birth and address (date on which last address was confirmed current) including local authority area. b. Photograph, if available, and physical description. c. Nationality. d. Racial origin and cultural and linguistic background. e. Whether the mother and father were married to each other at the time of the child's birth or have subsequently married. f. Where the parent has been previously married or entered into a civil partnership, dates of those marriages or civil partnerships. g. Where the mother and father are not married, whether the father has parental responsibility and, if so, how it was acquired. h. If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity. i. Past and present relationship with the other parent. j. Other information about the parent, where available: Health, including any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications; Religious persuasion; Educational history; Employment history; and Personality and interests. k. Any other relevant information which might assist the court Part 2: Relationships, Contact Arrangements and Views

The Child

If the child is in the care of a local authority or voluntary organisation, or has been, details (including dates) of any placements with foster parents, or other arrangements in respect of the care of the child, including particulars of the persons with whom the child has had his home and observations on the care provided. The child's wishes and feelings (if appropriate, having regard to the child's age and understanding) about adoption, the application and its consequences, including any wishes in respect of religious and cultural upbringing. The child's wishes and feelings in relation to contact (if appropriate, having regard to the child's age and understanding). The child's wishes and feelings recorded in any other proceedings. Date when the child's views were last ascertained. The Child's Parents (or Guardian) and Relatives

a. The parents' wishes and feelings before the placement, about the placement and about adoption, the application and its consequences, including any wishes in respect of the child's religious and cultural upbringing. b. Each parent's (or guardian's) wishes and feelings in relation to contact. c. Date/s when the views of each parent or guardian were last ascertained. d. Arrangements concerning any siblings, including half-siblings and step-siblings, and whether any are the subject of a parallel application or have been the subject of any orders. If so, for each case give: The name of the court; The order made, or (if proceedings are pending) the order applied for; and The date of order, or date of next hearing if proceedings are pending. e. Extent of contact with the child's mother and father and, in each case, the nature of the relationship enjoyed. f. The relationship which the child has with relatives, and with any other person considered relevant, including: The likelihood of any such relationship continuing and the value to the child of its doing so; and The ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child's needs. g. The wishes and feelings of any of the child's relatives, or of any such person, regarding the child. h. Whether the parents (or members of the child's family) have met or are likely to meet the prospective adopter and, if they have met, the effect on all involved of such meeting. i. Dates when the views of members of the child's wider family and any other relevant person were last ascertained. Part 3: A summary of the actions of the adoption agency

Brief account of the agency's actions in the case, with particulars and dates of all written information and notices given to the child and his parents and any person with parental responsibility. If consent has been given for the child to be placed for adoption, and also consent for the child to be adopted, the names of those who gave consent and the date such consents were given. If such consents were subsequently withdrawn, the dates of these withdrawals. If any statement has been made under section 20(4)(a) of the Adoption and Children Act 2002 (the "2002 Act") that a parent or guardian does not wish to be informed of any application for an adoption order, the names of those who have made such statements and the dates the statements were made. If such statements were subsequently withdrawn, the dates of these withdrawals. Whether an order has been made under section 21 of the 2002 Act, section 18 of the Adoption (Scotland) Act 1978 or Article 17(1) or 18(1) of the Northern Ireland Order 1987. Details of the support and advice given to the parents and any services offered or taken up. If the father does not have parental responsibility, details of the steps taken to inform him of the application for an adoption order. Brief details and dates of assessments of the child's needs, including expert opinions. Reasons for considering that adoption would be in the child's best interests (with date of relevant decision and reasons for any delay in implementing the decision). Section C: The Prospective Adopter of the Child

Part 1: Information about the Prospective Adopter, including suitability to adopt

a. Name, date and place of birth and address (date on which last address was confirmed current) including local authority area. b. Photograph and physical description. c. Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and, if habitually resident, for how long they have been habitually resident. d. Racial origin and cultural and linguistic background. e. Marital status or civil partnership status, date and place of most recent marriage (if any) or civil partnership (if any). f. Details of any previous marriage, civil partnership, or relationship where the prospective adopter lived with another person as a partner in an enduring family relationship. g. Relationship (if any) to the child. h. Where adopters wish to adopt as a couple, the status of the relationship and an assessment of the stability and permanence of their relationship. i. If a married person or a civil partner is applying alone, the reasons for this. j. Description of how the prospective adopter relates to adults and children. k. Previous experience of caring for children (including as a step-parent, foster parent, child-minder or prospective adopter) and assessment of ability in this respect, together where appropriate with assessment of ability in bringing up the prospective adopter's own children. l. A summary, written by the agency's medical adviser, of the prospective adopter's health history, current state of health and any need for health care which is anticipated, and date of most recent medical examination. m. Assessment of ability and suitability to bring up the child throughout his childhood. n. Details of income and comments on the living standards of the household with particulars of the home and living conditions (and particulars of any home where the prospective adopter proposes to live with the child, if different). o. Details of other members of the household, including any children of the prospective adopter even if not resident in the household. p. Details of the parents and any siblings of the prospective adopter, with their ages or ages at death. q. Other information about the prospective adopter: Religious persuasion; Educational history; Employment history; and Personality and interests. r. Confirmation that the applicants have not been convicted of, or cautioned for, a specified offence within the meaning of regulation 23(3) of the Adoption Agencies Regulations 2005 (S.I. 2005/389). s. Confirmation that the prospective adopter is still approved. t. Confirmation that any referees have been interviewed, with a report of their views and opinion of the weight to be placed therein and whether they are still valid. u. Details of any previous family court proceedings in which the prospective adopter has been involved (which have not been referred to elsewhere in this report.) Part 2: Wishes, Views and Contact Arrangements

Prospective Adopter

Whether the prospective adopter is willing to follow any wishes of the child or his parents or guardian in respect of the child's religious and cultural upbringing. The views of other members of the prospective adopter's household and wider family in relation to the proposed adoption. Reasons for the prospective adopter wishing to adopt the child and extent of understanding of the nature and effect of adoption. Whether the prospective adopter has discussed adoption with the child. Any hope and expectations the prospective adopter has for the child's future. The prospective adopter's wishes and feelings in relation to contact. Part 3: Actions of the adoption agency

Brief account of the Agency's actions in the case, with particulars and dates of all written information and notices given to the prospective adopter. The Agency's proposals for contact, including options for facilitating or achieving any indirect contact or direct contact. The Agency's opinion on the likely effect on the prospective adopter and on the security of the placement of any proposed contact. Where the prospective adopter has been approved by an agency as suitable to be an adoptive parent, the agency's reasons for considering that the prospective adopter is suitable to be an adoptive parent for this child (with dates of relevant decisions). Section D: The Placement

Where the child was placed for adoption by an adoption agency (section 18 of the 2002 Act), the date and circumstances of the child's placement with prospective adopter. Where the child is living with persons who have applied for the adoption order to be made (section 44 of the 2002 Act), the date when notice of intention to adopt was given. Where the placement is being provided with adoption support, this should be summarised and should include the plan and timescales for continuing the support beyond the making of the adoption order. Where the placement is not being provided with adoption support, the reasons why. A summary of the information obtained from the Agency's visits and reviews of the placement, including whether the child has been seen separately to the prospective adopter and whether there has been sufficient opportunity to see the family group and the child's interaction in the home environment. An assessment of the child's integration within the family of the prospective adopter and the likelihood of the child's full integration into the family and community. Any other relevant information that might assist the court. Section E: Recommendations

The relative merits of adoption and other orders with an assessment of whether the child's long term interests would be best met by an adoption order or by other orders (such as Child Arrangement and Special Guardianship Orders). Recommendations as to whether or not the order sought should be made (and, if not, alternative proposals). Recommendations as to whether there should be future contact arrangements (or not).

2. Placement Order Applications

Section A: The Report and Matters for the Proceedings Section B: The Child and the Birth Family Section C: Recommendations

Section A: The Report and Matters for the Proceedings

Part 1: The Report

For each of the principal author/s of the report:

Name; Role in relation to this case; Section completed in this report; Qualifications and experience; Name and address of the adoption agency; and Adoption agency case reference number. Part 2: Matters for the Proceedings

Whether the adoption agency considers that any other person should be made a respondent or a party to the proceedings. Whether any of the respondents is under the age of 18. Whether a respondent is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his or her property and affairs. If so, medical evidence should be provided with particular regard to the effect on that person's ability to make decisions in the proceedings. Section B: The Child and the Birth Family

Part 1

i. Information about the Child

a. Name, sex, date and place of birth and address including local authority area. b. Photograph and physical description. c. Nationality. d. Racial origin and cultural and linguistic background. e. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies). f. Details of any siblings, half-siblings and step-siblings, including dates of birth. g. Whether the child is looked after by a local authority. h. Personality and social development, including emotional and behavioural development and any related needs. i. Details of interests, likes and dislikes. j. A summary, written by the agency's medical adviser, of the child's health history, his current state of health and any need for health care which is anticipated, and date of the most recent medical examination. k. Any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications. l. Names, addresses and types of nurseries or schools attended, with dates. m. Educational attainments. n. Any special needs in relation to the child (whether physical, learning, behavioural or any other) and his emotional and behavioural development. o. Whether the child is subject to a statement under the Education Act 1996. p. Previous orders concerning the child: The name of the court; The order made; and The date of the order. q. Inheritance rights and any claim to damages under the Fatal Accidents Act 1976 the child stands to retain or lose if adopted. r. Any other relevant information which might assist the court. ii. Information about each Parent of the Child

a. Name, date and place of birth and address (date on which last address was confirmed current) including local authority area. b. Photograph, if available, and physical description. c. Nationality. d. Racial origin and cultural and linguistic background. e. Whether the mother and father were married to each other at the time of the child's birth, or have subsequently married. f. Where the parent has been previously married or entered into a civil partnership, dates of those marriages or civil partnerships. g. Where the mother and father are not married, whether the father has parental responsibility and, if so, how it was acquired. h. If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity. i. Past and present relationship with the other parent. j. Other information about the parent, where available: Health, including any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications; Religious persuasion; Educational history; Employment history; and Personality and interests. k. Any other relevant information which might assist the court. Part 2: Relationships, contact arrangements and views

The Child

If the child is in the care of a local authority or voluntary organisation, or has been, details (including dates) of any placements with foster parents, or other arrangements in respect of the care of the child, including particulars of the persons with whom the child has had his home and observations on the care provided. The child's wishes and feelings (if appropriate, having regard to the child's age and understanding) about the application, its consequences, and adoption, including any wishes in respect of religious and cultural upbringing. The child's wishes and feelings in relation to contact (if appropriate, having regard to the child's age and understanding). The child's wishes and feelings recorded in any other proceedings. Date when the child's views were last ascertained. The Child's Parents (or guardian) and relatives

a. The parents' wishes and feelings about the application, its consequences, and adoption, including any wishes in respect of the child's religious and cultural upbringing. b. Each parent's (or guardian's) wishes and feelings in relation to contact. c. Date/s when the views of each parent or guardian were last ascertained. d. Arrangements concerning any siblings, including half-siblings and step-siblings, and whether any are the subject of a parallel application or have been the subject of any orders. If so, for each case give: The name of the court; The order made, or (if proceedings are pending) the order applied for; and The date of order, or date of next hearing if proceedings are pending. e. Extent of contact with the child's mother and father and in each case the nature of the relationship enjoyed. f. The relationship which the child has with relatives, and with any other person considered relevant, including: The likelihood of any such relationship continuing and the value to the child of its doing so; and The ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child's needs. g. The wishes and feelings of any of the child's relatives, or of any such person, regarding the child. h. Dates when the views of members of the child's wider family and any other relevant person were last ascertained. Part 3: Summary of the actions of the adoption agency

Brief account of the Agency's actions in the case, with particulars and dates of all written information and notices given to the child and his parents and any person with parental responsibility. If consent has been given for the child to be placed for adoption, and also consent for the child to be adopted, the names of those who gave consent and the date such consents were given. If such consents were subsequently withdrawn, the dates of these withdrawals. If any statement has been made under section 20(4)(a) of the 2002 Act that a parent or guardian does not wish to be informed of any application for an adoption order, the names of those who have made such statements and the dates the statements were made. If such statements were subsequently withdrawn, the dates of these withdrawals. Details of the support and advice given to the parents and any services offered or taken up. If the father does not have parental responsibility, details of the steps taken to inform him of the application for a placement order. Brief details and dates of assessments of the child's needs, including expert opinions. Reasons for considering that adoption would be in the child's best interests (with date of relevant decision and reasons for any delay in implementing the decision). Section C: Recommendations

The relative merits of a placement order and other orders (such as a Child Arrangement Order or Special Guardianship Order) with an assessment of why the child's long term interests are likely to be best met by a placement order rather than by any other order. Recommendations as to whether there should be future contact arrangements (or not), including whether a contact order under section 26 of the 2002 Act should be made.

3. Special Guardianship - Matters to be Dealt with in Report for the Court

1. In respect of the child:

a. Name, sex, date and place of birth and address including local authority area; b. A photograph and physical description; c. Nationality (and immigration status where appropriate); d. racial origin and cultural and linguistic background; e. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies); f. Details of any siblings including their dates of birth; g. The extent of the child's contact with his relatives and any other person the local authority consider relevant; h. Whether the child is or has been looked after or is or has been provided with accommodation by a voluntary organisation and details (including dates) of placements by the authority or organisation; i. Whether the prospective Special Guardian is a local authority foster parent of the child; j. A description of the child's personality, his social development and his emotional and behavioural development and any related needs; k. Details of the child's interests, likes and dislikes; l. A health history and a description of the state of the child's health which shall include any treatment the child is receiving; m. Names, addresses and types of nurseries or schools attended with dates; n. the child's educational attainments; o. Whether the child is subject to a Education, Health and Care Plan; and p. Details of any order made by a court with respect to the child under the Act including - The name of the court; The order made; and The date on which the order was made. 2. In respect of the child's family:

a. Name, date and place of birth and address (and the date on which their last address was confirmed) including local authority area of each parent of the child and his siblings under the age of 18; b. A photograph, if available, and physical description of each parent; c. Nationality (and immigration status where appropriate) of each parent; d. Racial origin and cultural and linguistic background of each parent; e. Whether the child's parents were married to each other at the time of the child's birth or have subsequently married and whether they are divorced or separated; f. Where the child's parents have been previously married or formed a civil partnership, the date of the marriage or civil partnership; g. Where the child's parents are not married, whether the father has Parental Responsibility and, if so, how it was acquired; h. If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity; i. The past and present relationship of the child's parents; j. Where available, the following information in respect of each parent - Health history, including details of any serious physical or mental illness, any hereditary disease or disorder or disability; Religious persuasion; Educational history; Employment history; Personality and interests; k. In respect of the child's siblings under the age of 18-(i) The person with whom the sibling is living;(ii) Whether the sibling is looked after by a local authority or provided with accommodation by a voluntary organisation; and(iii) Details of any court order made with respect to the sibling under the Act, including the name of the court, the order made and the date on which the order was made. 3. In respect of the wishes and feelings of the child and others:

a. An assessment of the child's wishes and feelings (considered in light of his age and understanding) regarding- Special Guardianship; His religious and cultural upbringing; and Contact with his relatives and any other person the local authority consider relevant, and the date on which the child's wishes and feelings were last ascertained. b. The wishes and feelings of each parent regarding- Special Guardianship; The child's religious and cultural upbringing; and contact with the child, and the date on which the wishes and feelings of each parent were last ascertained; and c. The wishes and feelings of any of the child's relatives, or any other person the local authority consider relevant regarding the child and the dates on which those wishes and feelings were last ascertained. 4. In respect of the prospective Special Guardian or, where two or more persons are jointly prospective Special Guardians, each of them:

a. Name, date and place of birth and address including local authority area; b. A photograph and physical description; c. Nationality (and immigration status where appropriate); d. Racial origin and cultural and linguistic background; e. If the prospective Special Guardian is-(i) Married, the date and place of marriage;(ii) Has formed a civil partnership, the date and place of registration of the civil partnership; or(iii) Has a partner, details of that relationship; f. Details of any previous marriage, civil partnership, or relationship, g. Where the prospective Special Guardians wish to apply jointly, the nature of their relationship and an assessment of the stability of that relationship; h. If the prospective Special Guardian is a member of a couple and is applying alone for a Special Guardianship Order, the reasons for this; i. Whether the prospective Special Guardian is a relative of the child; j. The prospective Special Guardian's relationship with the child; k. A health history of the prospective Special Guardian including details of any serious physical or mental illness, any hereditary disease or disorder or disability; l. A description of how the prospective Special Guardian relates to adults and children; m. Previous experience of caring for children; n. Parenting capacity, to include an assessment of the prospective Special Guardian's ability and suitability to bring up the child; o. Where there have been any past assessments as a prospective adopter, foster carer or Special Guardian, relevant details as appropriate; p. Details of income and expenditure; q. Information about the prospective Special Guardian's home and the neighbourhood in which he lives; r. Details of other members of the household and details of any children of the prospective Special Guardian even if not resident in the household; s. Details of the parents and any siblings of the prospective Special Guardian, with their ages or ages at death; t. The following information - Religious persuasion; Educational history; Employment history; and Personality and interests; u. Details of any previous family court proceedings in which the prospective special guardian has been involved (which have not been referred to elsewhere in the report); v. A report of each of the interviews with the three persons nominated by the prospective Special Guardian to provide personal references for him; w. Whether the prospective Special Guardian is willing to follow any wishes of the child or his parents in respect of the child's religious and cultural upbringing; x. The views of other members of the prospective Special Guardian's household and wider family in relation to the proposed Special Guardianship Order; y. An assessment of the child's current and future relationship with the family of the prospective Special Guardian; z. Reasons for applying for a Special Guardianship Order and extent of understanding of the nature and effect of Special Guardianship and whether the prospective Special Guardian has discussed Special Guardianship with the child; aa. any hopes and expectations the prospective Special Guardian has for the child's future; and bb. the prospective Special Guardian's wishes and feelings in relation to contact between the child and his relatives or any other person the local authority considers relevant. 5. In respect of the local authority completing the report:

Name and address; Details of any past involvement of the local authority with the prospective special guardian, including any past preparation for that person to be a local authority foster carer or adoptive parent or Special Guardian; Where the prospective Special Guardian lives in the area of another local authority, details of the local authority's enquiries of that other local authority about the prospective Special Guardian; A summary of any Special Guardianship support services provided by the authority for the prospective Special Guardian, the child or the child's parent and the period for which those services are to be provided; and Where the local authority has decided not to provide Special Guardianship support services, the reasons why. 6. A summary prepared by the medical professional who provided the information referred to in paragraphs 1(l) and 4(k).

7. The implications of the making of a Special Guardianship Order for -

The child; The child's parent; The prospective Special Guardian and his family; and Any other person the local authority considers relevant. 8. The relative merits of Special Guardianship and other orders which may be made under the Act or the Adoption and Children Act 2002 with an assessment of whether the child's long term interests would be best met by a Special Guardianship Order.

9. A recommendation as to whether or not the Special Guardianship Order sought should be made in respect of the child and, if not, any alternative proposal in respect of the child.

10. A recommendation as to what arrangements there should be for contact between the child and his relatives or any person the local authority consider relevant.

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