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Contents

1. Aims
2. Practice Principles
3. Practice Guidance

1. Aims

When an Adoption Plan is recommended for a child at a Looked After Review, the existing contact arrangements will need to be reviewed in the light of the plan.

In assessing, planning and monitoring contact arrangements for children with an adoption plan, an open approach should be adopted.  Openness is the recognition that adoption is not a secret.  It acknowledges the child’s right to know their history according to their age and understanding.  We will:

• Ensure that adoptive families and the agency are open to sharing a child’s adopted status and life history with the child, whilst respecting the child’s confidentiality and safety
• Achieve this by working in an open manner with all parties at all stages, i.e. full involvement of all significant people in the planning for adoption, full exchange of information at the time of placement and, as required, following the Adoption order
• Give consideration at all times to the paramount needs, wishes and feelings of the child, ensuring nothing is shared which may jeopardise their safety and welfare.

2. Practice Principles

Adoption Plans will include details of arrangements for maintaining links (including contact) with birth parents, wider birth family members and others who are significant to the child – and also how and when these arrangements will be reviewed.

There is no general duty on the local authority to promote contact in adoption and no presumption for or against contact.  Each child’s individual needs and relationships should be considered, bearing in mind these will change over time.

Children know that their views, wishes and feelings are taken into account in all  aspects of their care; are helped to understand why it may not be possible to act  upon their wishes in all cases; and know how to obtain support and make a complaint (Standard 1, Adoption National Minimum Standards, 2011.)  

2.1	The child’s needs, wishes and feelings, and their welfare and safety are the most important concerns when considering links or contact with birth parents, wider birth family members and others who are significant to the child The type of contact arranged for the child should best meet the child’s needs taking into account his or her ongoing welfare and safety.  This will involve assessment of whether face-to-face (direct) contact or other forms of contact (e.g. letterbox scheme, telephone etc.) is most appropriate for each individual child. Children benefit from stable placements and are matched and placed with prospective adopters who can meet most, if not all, of their assessed needs (Standard 13, Adoption National Minimum Standards, 2011)
2.2	Adoptive parents will be involved in discussions as to how they can best maintain any links, including contact with birth relatives and significant others identified in the adoption plan, including how to deal with unauthorised or unmediated contact through online social networking sites. Prospective adopters will be involved in discussions about contact arrangements for each child and consideration will be given to the individual contact needs for each child when choosing a “match” with prospective adopters. Adopters will be expected to work within the child’s plan, understanding the importance of maintaining links for children with their past, and having the ability to facilitate links when this is in the child’s interests. Adoptive parents will be encouraged to keep safe any information provided by birth families via agencies and to provide this to the adopted child on request, or as they feel appropriate. Birth parents and birth families are treated fairly, without prejudice, openly and with respect.  They are kept informed, on a regular basis, of the progress (or lack of progress) of their child's adoption (Standard 13, Adoption National Minimum Standards, 2011).
2.3	As soon as an adoption plan is agreed in respect of a child, a separate social worker will be identified to work with the birth family Birth parents and families will be supported to provide information that the adopted child needs.  This will include information about the adopted child’s birth and early life, the birth family’s views about adoption and contact and up-to-date information about themselves and their situation. Birth parents/families will be involved in decision-making about contact by cooperatively wherever possible, obtaining their views and wishes and recording these, offering appropriate counselling and keeping them informed of any proposed changes to contact arrangements Where it is in the child’s interests for there to be ongoing links, including contact, with birth parents and families (including siblings separated by adoption), birth families will be involved in discussions about how best to achieve this and helped to fulfil agreed plans, e.g. through practical or financial support; access to their own support worker, independent of the child’s social worker. Birth family members should be informed of their rights to apply for a Contact Order under Section 26(2) and (3) of the Adoption and Children Act 2002.

3. Practice Guidance

3.1 The Purpose of Contact

Contact arrangements must always be for the benefit of the child, whilst acknowledging the adults’ wishes and feelings and meeting these as far as is consistent with promoting the child’s welfare.  Face-to-face contact, or other kinds of contact with birth parents and/or other relatives and significant others, may serve a number of different functions for the child which change over time, by:

• Providing an opportunity for an adopted child to gain more knowledge and understanding about his or her personal and family history and cultural background which will strengthen the child’s identity
• Enabling a child to develop a realistic understanding of the circumstances leading to separation from his or birth family (this may be particularly relevant in the case of parents who have learning difficulties or who experience mental distress)
• Enabling a child to grieve his or her loss
• Enabling a child to move on and develop an attachment to new carers with the blessing of his or her parents
• Reassuring the child that the birth parents or other relatives continue to care about the child, which may enhance the child’s self-esteem
• Promoting stability in a new or existing placement by providing continuity and enabling connections to be maintained
• Reassuring a child about the wellbeing of birth relatives, especially siblings, whether they are living with birth relatives or in an alternative family

Post Adoption Order contact arrangements are likely to change over time in response to the child’s changing needs and wishes.  The child, adopters and birth family members will need to understand how to seek advice and support around these changes via the Post Adoption Service.

3.2 Obtaining the views and wishes of all parties

Contact has unique meaning, significance and purpose for each person involved in the adoption process and therefore each person’s perspective on the subject should be explored.  It is rarely possible to satisfy everyone involved, so it is the role of those planning contact to ensure that these plans essentially meet the needs of the child.

Workers need to ascertain what the purpose of contact will be for the child (what the child needs from contact and what the child wants – in terms of who they have contact with, when and where).

There may be discrepancies between what the child needs and wants, and what they can actually cope with.  It is the social worker’s task to assess these issues.  All the adults concerned will have an opinion about what the child can cope with, and again it is the social worker’s task to make sure that these opinions are backed up by evidence, and provide an analysis of the balance of risks and gains underpinning the recommended contact plan.

3.3 Factors to consider in planning contact

A number of factors need to be assessed and taken into account:

• What has been learned from the previous contact arrangements – if any – about the nature, quality and importance of the relationships the child has with various family members?  How have the child and parents coped with contact? What support was given to the child and parents to enable them to cope with contact? What preparatory work was undertaken with the parents to explain what is/is not acceptable during contact? What preparation was undertaken with the child?
• Is there evidence that those relationships are of such significance that they should be sustained and protected to meet the child needs?  The child’s age and level of understanding will be important issues in assessing this issue.
• Whether there have been or might be harmful factors for the child in sustaining these relationship, e.g. with an abusing parent/sibling.  Has sufficient action been taken to minimise these risks, e.g. by supervised contact or therapeutic work.
• Are there specific issues to be considered for sustaining relationships with siblings?
• What does the child want in terms of contact? What can he or she cope with? What impact will this have for his or her attachments?
• What do the birth parents, birth family and other significant people want in terms of contact?  This includes foster carers with whom the child may have developed strong attachments.  What are they offering and is this likely to be sustainable?
• Extended birth family should be carefully explored as potential contacts for the child and/or background information for the child about their kinship network.
• For black children who are placed transracially, what special arrangements might be needed to maintain the child’s contact with his or her community?
• What kind of contact will best meet the child’s needs (e.g. letterbox, video, telephone, face-to-face) and why?
• What kind of ongoing support is likely to be required by the parents and other family members, child and (once the child is matched) adopters in order to sustain the contact arrangements.  If the contact is to be supervised, who will do this and what additional help may the supervisor require?

3.4 Assessment of Risk

A clear evidence-based assessment of risk in relation to contact should be made.  We are unlikely to be able to eliminate all risk, but we should seek to minimise this and the adopters may play a key role in monitoring this.

Risk may be identified as:

• Risk of physical harm and from whom
• Risk of emotional harm and from whom
• Risk of contact plan not being sustained
• Risk of abduction and from whom
• Risk of sexual harm and from whom

The severity and likelihood of each risk can be differentiated:

• Risks that are so grave that contact should not be allowed
• Risks that indicate a high level of supervision and control
• Risks that indicate some less intensive supervision
• Slight risks which will not affect the plan significantly but safeguards need to be taken account of in the plan.

All these factors need to be considered for all types of contact, and the risk assessments evidenced on file.  This is important in case contact arrangements change and risk assessments need to be revisited after the Adoption Order.

3.5 Sibling Contact

See also Adoption/Permanence Planning for Sibling Groups.

Research and practice feedback suggest that separation from siblings is a particularly damaging part of some past adoption placements for the children concerned.  Therefore it is our policy to place siblings together unless there are specific reasons agreed by the Adoption Panel and the Agency Decision Maker why this is not in their individual interests.

If such reasons exist, then consideration must be given to some form of contact (unless this is indistinguishable from a wider family contact that is seen as potentially harmful).  This principle is also applicable to children who have non-adopted siblings living within their birth family or who are Looked After in placements elsewhere.

3.6 Contact for ethnic minority children

Every effort should be made to ensure that a child’s ethnicity and cultural heritage are reflected in his or her adopted family.  Where children cannot be placed with prospective adopters who reflect their ethnic origin, within an identified time period, the reasons for the decision to seek a trans-racial placement must be clearly recorded and considered by the Adoption Panel.  For these children, particularly those placed trans-racially with carers who have no family or community links which reflect he child’s ethnic and cultural background, contact with individuals from the child’s ethnic community should be part of the Contact Plan.  This contact can help to promote a child’s positive sense of his or her identity, continuity with his or her community and positive attitudes to his or her ethnic and cultural heritage.  This will also apply for children placed trans-racially in an inter country adoptive placement – see Inter-Country Adoption Procedure.

3.7 Choosing from the different kinds of contact

Contact after adoption can take a variety of forms, from face-to-face contact to contact by letter, telephone and video exchanges.  It should not be assumed that direct contact is always the best form of contact, but rather that it is one option to be considered in an assessment of what best meets a particular child’s needs in a particular situation.  Neither should it be assumed that letterbox contact is an easier or less challenging.

N.B. The adoptive parents need to be supported to know how to deal with unauthorised or unmediated contact with the child through online social networking sites.

The criteria for successful post adoption contact – whatever kind this may be – include:

• The adopters feel in control of the arrangements
• The adopters recognise and understand the importance of contact for the child
• The birth family members accept the fact of the adoption and will not undermine the placement
• The child is comfortable with the contact arrangements
• All parties agree with the plan and can work cooperatively in accordance with the child’s changing needs.

Face-to-face contact is therefore not indicated in situations where a parent or relative:

• Presents a risk to the child
• Disagrees with the plan for permanence
• Does not accept the parental role of the adopter
• Has proved unreliable in their commitment and emotional ability to sustain contact
• Does not have a significant attachment to the child

Or

• The child does not wish to have face-to-face contact
• The child emotionally cannot cope with the conflict of family loyalties.

Other forms of contact that are not face-to-face should be considered according to the particular circumstances of each child.

This includes the Letterbox Scheme which enables the ongoing exchange of information between members of the birth family and the adoptive family, where this is seen as in the child’s best interests, and where it needs to be done in a confidential and non-identifiable way.

3.8 Ensuring all parties are consulted and informed of the contact arrangements

The child, birth parents/significant others and adopters should all be consulted in planning arrangements and informed of the final contact arrangements and any potential changes to the plan.

Following every Adoption Review and prior to lodging adoption papers, the plan for contact (agreed by the Agency Decision Maker after consideration by the Adoption Panel) should be recorded and a copy sent to all parties, including the child if of an appropriate age and understanding.  If changes to the plan are recommended, these should be agreed by the Agency Decision Maker and all parties informed of the changes.

The plan should include the support to be given in order to sustain the level of contact.  In cases where no ongoing support is identified as necessary, all parties should be informed of how they can contact the Post Adoption Service if they require advice and support in the future.

Contact arrangements should be practiced before an Adoption Order is made to ensure that these work.  These should be supported by the social worker for the adopters and the social worker for the child who should take the lead role.

3.9 Contact Orders

By the time of the Court hearing of the adoption application, the final details of the contact arrangements after adoption should have been agreed by all parties. 

In a few cases, where agreement has not been achieved, the disagreement will have to be considered by the Court.  Courts have powers to make a Contact Order (under Section 8 of the Children Act 1989) on the making of an Adoption Order but will only do so in exceptional circumstances.  As a rule, contact arrangements will not be imposed on adopters, so it is the adopters’ willingness to agree to an arrangement which is decisive.  If a dispute about contact after adoption is anticipated, legal advice should be obtained.

3.10 Recording

The Case File Recording Policy “Recording Matters” should be followed.  In addition, there is also a responsibility to:

• Preserve full records confidentially and securely and to add to them any correspondence from birth or adoptive families received after an Adoption order.  All parties should be informed that this correspondence will be kept on file – it may be particularly significant in later Birth Records Counselling or if an adopter approaches the agency (see Access to Birth Records/Adoption Case Records Procedure).
• Seek agreement from adopters to inform the adoption agency in the event of the death of the child so that this information can be shared with the birth parents if they wish
• Attempt to contact the adopters if information becomes available from whatever source, which is viewed as highly significant to the child’s future welfare (e.g. medical information).  All parties should be encouraged to contact the adoption agency with such information and routinely notify the Adoption Team of changes of address.  The Adoption Team worker receiving any such information will initiate any necessary action arising from the information following consultation with the Post Adoption Service.
• Advise all parties about the Adoption Contact Register and its use.

3.11 Resources

It is acknowledged that there are likely to be costs incurred by the adoptive parent in ensuring that the contact arrangements are maintained; particularly costs of travel for direct contact with siblings, for example.  Financial assistance may be available to support contact arrangements – see Adoption Support Services Procedure.

End