Adoption Agencies
| Author | Nasreen Pearce/Richard Budworth |
| Pages | 175-206 |
Chapter 16
Adoption Agencies
INTRODUCTION
16.1 Each local authority has a statutory duty to maintain within its area a service referred to as ‘the adoption service’ designed to meet the needs in relation to adoption of: (a) children who may be adopted, their parents and guardians; (b) persons wishing to adopt a child; and (c) adopted persons, their parents, natural parents and former guardians (ACA 2002, s 3(1)). A local authority is required to maintain and operate its adoption service in accordance with the provisions set out in ACA 2002, Chapter 2, ss 2–15 and detailed statutory regulations made under the Act. The main statutory regulation for the provision of adoption services is the AAR 2005. This is supplemented by the Statutory Guidance on Adoption: For local authorities, voluntary adoption agencies and adoption support agencies (Department for Education, July 2013) (Adoption Statutory Guidance 2013), which is available at:
www.gov.uk/government/publications/adoption-statutory-guidance-2013
16.2 There are separate national minimum standards for inspection of adoption agencies, which are available at:
www.gov.uk/guidance/social-care-common-inspection-framework-sccif-independent-fostering-agencies/23-fostering-for-adoption
and for adoption, Adoption: national minimum standards (Department for Education, July 2014) (NMS 2014), which is available at:
www.gov.uk/government/publications/adoption-national-minimum-standards
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16.3 Steps taken by the agencies and how and when decisions are made by the agencies will necessarily be relevant and impact on the outcome of proceedings. This chapter attempts to give an overview of the statutory requirements.
THE ADOPTION PANEL
16.4 Each adoption agency is required to maintain a list of persons (the central list) who are considered to be suitable members of an adoption panel. The panel must include one or more social workers who have at least three years’ relevant post-qualifying experience and a medical adviser to the adoption agency (AAR 2005, reg 3). Each agency must have at least one panel, but two or more local authorities may establish a joint adoption panel (AAR 2005, reg 4(2); and see Adoption Statutory Guidance 2013, para 1.34). The role of the panel is to consider every case referred to it and make recommendations to the agency on whether the child should be placed for adoption; the suitability of the prospective adopter(s) to adopt a child; and whether the child should be placed for adoption with a particular prospective adopter(s) (AAR 2005, regs 18, 26 and 32).
Constituting an adoption panel
16.5 Panel members must be appointed from the persons on the central list. Panel members appointed must include a chair who is an independent person (see para 16.6) and who has the skills and experience necessary for chairing an adoption panel, and one or more vice chairs who may chair the panel if the chair is absent or that office is vacant, provided the person is an independent person; and if not, at least one of the panel members must be an independent person (AAR 2005, regs 4(1) and 6(1)(c)).
16.6 As set out in AAR 2005, reg 4(7), a person (P) is not an independent person if:
(a) in the case of a registered adoption society P is a trustee or employee of that society; or
(b) in the case of a local authority P is:
(i) an elected member of that authority; or
(ii) is employed by that authority for the purposes of the adoption services or of any of that local authority’s functions relating to the protection or placement of children; or
(c) P is the adoptive parent of a child who was placed for adoption with P by the adoption agency (A) or placed for adoption with P by another adoption
agency where P had been approved as suitable to be an adoptive parent by agency A unless at least 12 months has elapsed since the adoption order was made in respect of that child.
Composition of adoption panel
16.7 In order to conduct its business, the panel must have at least the following members apart from the chair, as set out in AAR 2005, reg 6:
(a) one or more social workers who have at least three years’ relevant post-qualifying experience;
(b) three or, in the case of a joint adoption panel, four other members and where the vice chair who acts as chair is not an independent person, at least one other panel member must be an independent person;
(c) an agency adviser (see para 16.8);
(d) an agency medical adviser.
16.8 The adoption agency is required to appoint an ‘agency adviser’ who must be a social worker of at least five years’ relevant post-qualifying experience and relevant management experience. As set out in AAR 2005, reg 8(1) and (2), the role of the agency adviser is:
▪ to assist the agency with the maintenance of the central list and the constitution of the adoption panel;
▪ to be responsible for the induction and training of persons on the central list;
▪ to liaise between the agency and the adoption panel;
▪ to monitor the performance of persons on the central list and members of the panel and the administration of the panels;
▪ to give such advice to an adoption panel as it may request in relation to any case or generally.
16.9 The agency adviser therefore is not a panel member, but attends the panel meetings to advise on any matters that arise during the meetings (see also Adoption Statutory Guidance 2013, paras 1.27–1.47).
16.10 The agency’s medical adviser role is to be consulted in relation to the arrangements for access to and disclosure of health information which is required or permitted by the AAR 2005 (reg 8(4); see also the medical adviser’s role under reg 15 at paras 16.34–16.35).
16.11 On adoption panels generally, see also NMS 2014, paras 17.1–17.11) (see also paras 16.39–16.42).
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16.12 The objective is that this group of people will pool their experiences and expertise, offer an informed perspective, and bring knowledge and scrutiny to the adoption agency’s work.
Term of office
16.13 A member of an adoption panel may hold office for a term not exceeding three years (five years in Wales) and may not hold office for the adoption panel of the same adoption agency for more than three years in total. In Wales, a person may not hold office for the adoption panel of the same adoption agency for more than two consecutive terms without an intervening period of at least three years.
16.14 A medical adviser member may hold office only for so long as he is the medical officer of the adoption agency (AAR 2005, reg 4(1) and (2)).
Resignation and termination of office
16.15 A person who is on the central list and any adoption panel member may resign from office at any time by giving one month’s notice in writing to the adoption agency (AAR 2005, regs 3(2) and 4(5)). An adoption agency may terminate a member’s office at any time if it is of the opinion that the member is unsuitable or unable to remain in office. The notice of termination must be given in writing and must set out the reasons for the termination (AAR 2005, regs 3(3) and 4(6)).
Records
16.16 An adoption panel is under a duty to make a written record of its proceedings, recommendations, and the reasons for its recommendations (AAR 2005, reg 6(2)).
Fees
16.17 A local authority may pay any member of its adoption panel a reasonable fee (AAR 2005, reg 4(4)).
DECIDING WHETHER A CHILD SHOULD BE PLACED FOR ADOPTION
Outline
16.18 A child is ‘looked after’ if he is being voluntarily accommodated by the local authority or is the subject of a care order under the ChA 1989, or if care
proceedings in respect of him have been issued. The local authority has a duty to such children to identify a permanence plan by the four-month review. The range of options available must be considered at the review. The options include rehabilitation of the child with his parent(s) or birth family, with appropriate support; placement with foster carer(s) or in a residential institution; and placement for adoption. The views of the child, his parent(s) and others with parental responsibility must be ascertained, and the options explained to them.
16.19 As set out in AAR 2005, regs 11–17, an adoption agency’s duties towards a child whom the agency is considering for adoption include the following:
(a) to open the child’s case records;
(b) to provide counselling and information for the child and ascertain the child’s wishes and feelings;
(c) to provide counselling and information for, and ascertain the wishes of, the child’s parent(s) or guardian and others;
(d) to obtain information about the child;
(e) to obtain information about the child’s family;
(f) to prepare the child’s permanence report for the adoption panel (see also Adoption Statutory Guidance 2013, Chapter 2 and NMS 2014, para 12).
The child’s case record
16.20 As set out in AAR 2005, reg 12(1), the adoption agency is under a duty to set up a child’s case record and place on it:
(a) all the information gathered by it in relation to the duties referred to above;
(b) the child’s permanence report;
(c) a written record of the proceedings of the adoption panel, its recommendations and reasons for them, and any advice given by the panel to the agency;
(d) a record of the agency’s decision and any notification of that decision (see para 16.44);
(e) any parental consent obtained to the placement of the child for adoption;
(f) any advance consent obtained for the adoption of the child;
(g) any form or notice of withdrawal of consent under ACA 2002, s 19 or s 20, or notice under s 20(4)(a) or (b);
(h) a copy of any placement order in respect of the child;
(i) any other documents or information obtained by the agency which it considers should be included in the case record.
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Counselling, etc for the child
16.21 Where an adoption agency is considering adoption for a child it must, unless it is satisfied that it has been carried out by another agency, as far as is...
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