Policy

The place of adoption in children's services

  • Adoption is an option to provide children who cannot live safely within their birth family with emotional permanence through a substitute family.
  • Children and young people have the right to family life and wherever possiblewithin their own family.
  • East Sussex Social Services endeavours to support birth parents and strengthen families in order that children can be brought up in their own family or network of family and friends.
  • Any child who cannot enjoy a secure and permanent relationship within their own family or networkishelped to live in a permanent substitute family.
  • When it is clear that a child can no longer live safely with their families, discussions about permanence with an alternative family should take place as a matter of priority – delay is never in a child's best interest.
  • Adoption offers a positive option in providing permanent families for children and must be explored for all children looked after where the plan is permanence.

Children

  • Adoptive placements are assessed and approved to provide safe and effective care for the whole childhood.
  • A child's individual needs, previous family experience, religion, racial origin, language, culture and heritage must be taken into account in considering placements.
  • Children's wishes and feelings must be taken into account.
  • Whenever possible and in the interests of the individual child, siblings should be placed together.
  • Children should normally retain the first name given at birth.

Birth Families

  • We have a statutory duty to ensure that all reasonable and practicable measuresaretaken to enable children to be cared for within their own families,unless it is clear that it is not safe or in the child’s best interests to do so.
  • Birth parents' views and wishes must be taken into account.
  • Birth families should be offered appropriate support either directly or via relevant organisations.

Operational Instructions - Children’s Services

Adoption and Post Adoption

Contents

Policy, Standards, Exclusions, Law, Definitions, Delegation, Authority to Vary

ASelection of Adopters

BPlanning for Adoption Birth Parents, Babies and Children

CAdoption and Permanence Panel

DPlacement Orders

EApplication for an Adoption Order (agency placements)

FFinancial Support to Adopters

GReferral to SE Adoption Consortium, National Adoption Register, Advertising and Interagency Placements

HDisruptions

J Step-parent Adoptions and Non-agency Placements

K Treatment of Adoption Information and Records

LInter-country Adoption

MAdoption Support Services

NPre-commencement adoptions: intermediary services and access to information

OPost-commencement adoptions information services in relation to adoptions made after 30 December 2005 P Post Adoption Letterbox Contact Service

Appendices 1,2,3,4,5 and 6

Page 1Adoption and Post Adoption

Person responsible for this Operational Instruction:

Head of Service (Looked After Children), St Mary’s House, Eastbourne

(01323) 747195

Prospective adopters

  • Applications, which can be single or joint, are accepted from any resident of East Sussex, regardless of marital status, race, religion or sexual orientation, provided they meet the following criteria:

-Applicants must be legally domiciled (in the case of joint applications only one applicant must fulfil this) or have been habitually resident within the UK for at least 1 year (in the case of joint applications both applicants must fulfil this);

-Applicants must be at least 21 years of age;

-Applicants should normally be resident within East Sussex, except where an assessment for a specific child is required outside the county boundaries or in certain reciprocal arrangements with neighbouring authorities

-Couples should normally have been living together for at least two years or otherwise able to demonstrate a strong and enduring relationship;

-Applicants should have chosen to start their family by adoption;

-Applicants must re-apply if they wish to adopt another baby or child and be prepared to show that both they and the previous adopted child are ready for a further adoption placement. Applicants are normally expected to have a two year gap between any existing children in the family and an adopted child.

  • Preparation of prospective adopters should draw out their strengths and potential as parents. We also seek to ensure that they have the commitment and stamina, both emotional and physical, to offer a stable and secure childhood.
  • In assessing adoptive applicants the agency must satisfy itself that applicants have a reasonable expectation of continuing good health and will take into account all relevant factors,including age, health, life style and a range of practical issues.
  • Prospective adopters will be given comprehensive written information about children to be placed in their care.

Post-adoption

  • Any post adoption contact with birth relatives will only take place if it is likely to be of benefit to the child in the long term and in their best interests.
  • Adopters have to be willing to maintain some contact at least by letter via the 'letterbox' system with the birth family. Adopters also must be prepared to accept that their child’s needs for contact may change either in format or frequency over time
  • All adopted children will be raised in the knowledge that they have become family members by adoption and be provided with written information about their life story .

This policy should be read in conjunction with the Department's Adoption Standards, which are detailed below:

Adoption and Post Adoption Standards

  1. Guiding principles
  • The welfare of the child throughout the child’s life is paramount.
  • Adoption is a lifelong process which involves adopted children and adults, adoptive families, birth families and the adoption agencies.
  • Adoption is one of a range of options that need to be explored for a child who requires permanence but who cannot be brought up by their birth parents.
  • Delays in care planning and actions to secure permanence are detrimental to the wellbeing of children and must be avoided.
  • Anti-discriminatory and equal opportunities practice must be considered at every stage of the adoption process. Issues of race, culture, language, religion, disability, sexuality, gender and class will all be addressed.
  • Adoption work must be undertaken by suitably qualified and experienced staff, as required by Regulations.
  • All arrangements and decisions will be confirmed in writing and all parties to adoption will be given relevant information to enable them to understand the process and make informed choices.
  • The child, birth family members and adoptive families will have opportunities to receive counselling before, during and after adoption.
  • All adoption work will be considered confidential.
  • These standards will apply to agency placements and non-agency placements, such as step-parent adoptions and inter-country adoptions.

2.Working with children (child’s social worker)

  • The wishes and feelings of the child must be sought and taken into consideration when adoption is being planned.
  • Children must be consulted about adoption and prepared for the placement with their adoptive family, including an assessment and plan of their adoption support needs.
  • Decisions are based on a core assessment and each child must have a Child’s Permanence Report and comprehensive care plan.
  • The Adoption and Permanence Panelshould receive the Child’s Permanence Report recommending a child for adoption within two months of the decision for permanence at a statutory review. A further report should be presented to Panel with proposals for suitable adoptive placements within six months of the decision that the child should be placed for adoption, unless the child is less than three months old in which case the timescale is three months.
  • All children placed for adoption will have detailed life story information to take with them to their new family.

3.Working with birth parents (child’s social worker)

  • Birth families will be encouraged to be involved in all aspects of planning and decision making. This can involve meeting prospective adopters and maintaining contact after adoption, either directly or via the letterbox process.
  • The wishes of birth parents will be taken into account when identifying adoptive placements for children.

4.Working with prospective adoptive families (adoption social worker)

  • Prospective adopters will receive written information about adoption within five working days of their enquiry, and be invited to an information meeting.
  • Prospective adopters must attend preparation groups. An adoption social worker will be allocated as soon as available after completion of the preparation group to undertake a home study assessment, which should be completed within eight months of the receipt of the application.
  • The allocated worker must be a qualified social worker with three years post-qualification experience of child care social work including direct experience of adoption work, or a qualified social worker/student social worker who is supervised by a qualified social worker with such experience. If the allocated worker is not an employee, both he/she and the supervisor must meet the qualifications and experience criteria.
  • Prospective adopters will be advised of their right to make written or oral representation to the Panel when their home study report is presented.
  • Applicants will receive a copy of the adoption social worker's assessment (“The Prospective Adopter’s Report”), excluding personal references and written medical information provided in confidence.
  • Prospective adopters will be advised of their rights to make representations to the agency or to the independent review mechanism if their application is not approved.
  • Before a placement of a child is made, prospective adopters will be provided with comprehensive written information about the child or children to be placed with them.
  • Adoption support assessments and plans, including recommendations for financial support for adopters, are submitted to Panel when proposed placements are considered.
  • If an adoptive placement has not been made, approved adoptive families will be advised on other options available to them at the annual reviews of their approval.
  • Applicants wishing to adopt children from overseas are assessed in the same way as other adoptive applicants, but they pay a fee to the agency for this service.
  1. Making placements (child’s social worker and adoption social worker jointly)
  • All placements will be carefully planned, supervised and reviewed in accordance with Regulations.
  • Sibling groups will be placed together unless this appears not to be in the best interests of any individual child involved.
  • Current carers will be considered as prospective adopters if the child's attachments are such that this can form the basis of a satisfactory permanent placement.
  • Prospective adopters will be made aware of the options for support available to them when they adopt. This can include financial assistance with setting up costs, regular financial support and assistance with legal fees.
  • Placements will be made on the basis of a detailed attempt to match the needs and wishes of all parties to the adoption. No placement may be presented to the Adoption and Permanence Panel without the child’s social worker having consulted an adoption social worker about the proposed arrangement.
  • No placement will be recommended by the Adoption and Permanence Panel without detailed proposals for contact, post adoption support and any restrictions on the exercise of parental responsibility by the birth parents and/or the prospective adopters.
  1. Post adoption support services (adoption and locality services)
  • Adoption support assessments and plans must be drawn up for all children and refined as part of the matching process.
  • All adopted children and adults, adoptive parents and birth parents will be given advice and written information about the services available to them from the agency and other organisations.
  • The Children’s Service will supply the relevant information within 28 days of request from other agencies for access to birth records information.
  • Adopted adults will receive counselling, if requested, and advice about accessing their records and tracing birth parents and siblings and will be referred to other appropriate agencies if they request an intermediary service.
  • All adults adopted prior to 1975 wishing to trace their birth parents will always receive counselling before they access their records.
  • Adopted adults will receive information and advice about registering an absolute or qualified veto on their adoption file, or registering a wish not to be contacted on the Adoption Contact Register.
  • Birth parents wishing to trace their adopted children will be offered the options of a referral to the Adoption Contact Register, The National Organisation for the Reunion and Counselling of Adopted People and their Families, and The Natural Parents Network. Correspondence from them will be placed on the adopted person’s adoption file, if requested.
  • Birth parents not wishing to be contacted by their adopted children will be offered advice and information about registering a wish not to be contacted on the Adoption Contact Register.
  1. The Adoption and Permanence Panel and the Adoption Agency
  • Two Panels each meet fortnightly to make recommendations to the agency decision maker in respect of whether a prospective adoptive parent is suitable to adopt, whether children should be placed for adoption and whether children should be placed with particular approved prospective adopters.
  • The agency decision maker makes decisions, taking into account the recommendations of the Adoption and Permanence Panel, within seven working days and this is notified to applicants or birth parents or prospective adopters, as appropriate, orally within 2 working days and in writing within five working days of the decision.
  • Applicants have 40 working days to make representations to the agency or to the independent review mechanism if their application is not approved.
  • All correspondence will be acknowledged by the Department within three working days and answered formally within 14 working days.
  • A separate adoption file will be created for every child once adoption has been approved by the agency.
  • Applicants who have not had a child placed will be reviewed annually and after three years will be required to be re-assessed and presented to Panel.
  • Once an adoption order is made, the adoption file is placed in the records archives for 100 years.
Exclusions

None

Law

Adoption and Children Act 2002

Adoption Agency Regulations 2005

Restriction on the Preparation of Adoption Reports Regulations 2005

Suitability of Adopters Regulations 2005

Adoption Support Services Regulations 2005

Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005

Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005

Adopted Children and Adoption Contact Registers Regulations 2005

Adoptions with a Foreign Element Regulations 2005

Family Procedure (Adoption) Rules 2005

Children Act 1989

The Parental Orders (Human Fertilisation and Embryology) Regulations 1990

Human Fertilisation and Embryology Act 1990

The Adoption (Inter-country Aspects) Act 1999

The Care Standards Act 2000

Definitions

Baby: under 2 years of age.

Pre-placement fostering: where a baby is moved from other accommodation to live with the people who wish to adopt him before the formal matching decision of the Adoption Agency has been taken.

Actual placement: when a child moves from other accommodation and is regarded immediately as being "placed for adoption" in a legal sense.

Placed for adoption: when the formal agency decision has been made, authority to place has been obtained (either through a Placement Order or parental consent to the placement), the Adoption Placement Plan has been drawn up, the prospective adopters have confirmed their wish to proceed with the placement and all statutory prior notifications given.

Key worker: the child’s social worker responsible for the child and for the general conduct and overall co-ordination of the case.

Special needs: refers to children with disabilities.

Adoption Index: index of approved adoption resources or children awaiting adoption.

Delegation

Caseworker for any child involving adoption / Social worker
Responsibility for case reports for child / Child’s social worker
Requests for a police reference for adopters / Head of Service (Looked After Children)
Decision to propose child as suitable for adoption / Child’s social worker in consultation with Practice Manager following review case conference/other appropriate decision making body
Decision to propose applicants as suitable prospective adopters / Adoption social worker in consultation with Practice Manager
Decision to propose applicants as suitable prospective adopters of a child from overseas / Adoption social worker in consultation with Practice Manager
Decision to propose placement of child with particular family / Child's social worker in consultation with Practice Manager and adoption social worker for the relevant applicants
Decision that child should be placed for adoption with particular prospective adopters / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Approval or rejection of suitability of prospective adoptive parents to adopt / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Agreement to adoptive placement including placements for fostering with a view to adoption / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Agreement to refer to BAAF / Adoption and Permanence Operations Manager after recommendation by Practice manager
Decision to seek a Placement Order / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Responsibility for signing Placement Order application / PracticeManager in consultation with OperationsManager
Decision to seek agency placement / PracticeManager in consultation with OperationsManager
Decision to fund agency placement / Operations Manager Adoption and Permanence
Decision to seek financial support for adopters / Child's social worker with authorisation of PracticeManager
Decision to provide financial support for adopters / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Decision to pay legal fees/court fees / Deputy Director of Children’s Services
Decision to recommend to the Department for Education and Skills approval of inter-country adoption application / Deputy Director of Children’s Services after recommendation by the Adoption and Permanence Panel
Counselling of adopted people / Adoption social worker

Authority to Vary these Instructions in Individual Cases Only