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6.2.4 Adoption Panel

AMENDMENTS

This chapter was amended in June 2011 in relation to the Adoption Guidance and National Minimum Standards, 2011. The changes are highlighted below.


Contents

  1. Adoption Panel Purpose and Function
  2. Adoption Panel Membership
  3. Adoption Panel Meetings
  4. Adoption Panel Minutes
  5. Reports to Adoption Panel


1. Adoption Panel Purpose and Function

1.1 Adoption Functions 

The Adoption Panel is responsible for overseeing  the local authority's adoption function. It will receive copies of reports to elected members and inspection reports.

In doing so it has an overriding responsibility to promote good practice, consistency of approach and fairness in all aspects of the adoption service, in accordance with its principles (see Aims and Principles of the Adoption Service).

1.2 Recommendations

As part of this function, the Panel makes recommendations as to the following:

  1. the suitability of prospective adoptive applicants to adopt
  2. whether a child should be placed for adoption
  3. whether a child should be placed for adoption with particular prospective adopters

The recommendations must be unconditional and cannot be ‘in principle’.

1.3 Timescales

Adoption Panels make a recommendation on the suitability of a prospective adopter to adopt within eight months of receipt of the formal application.

Adoption Panels make a recommendation on whether a child is suitable to be placed for adoption within two months of the Looked After Review where adoption was identified as the child's identified Permanence Plan.

Adoption Panels make a recommendation on the proposed placement of a child with particular prospective adopters within six months of the Agency Decision Maker's decision that the child is suitable to be placed for adoption.

Where the timescales are not met, the Adoption Panel should record the reasons.

1.4 Advice

The Adoption Panel may also advise on the following issues:

  1. Where prospective adoptive parents are recommended as suitable to adopt, the number of children the adoptive parents may be suitable to adopt, as well as their age range, gender, likely needs and background;
  2. Where it is recommended that a child should be placed for adoption, what the contact arrangements for the child should be and whether a Placement Order should be applied for;
  3. Where it is recommended that a child should be placed with particular prospective adopters, the proposed adoption support, future contact arrangements and whether/how the exercise of Parental Responsibility by birth parents and/or prospective adopters should be restricted.

1.5 Monitoring

The Adoption Panel monitors the progress of individual children for whom adoption is the plan up to the making of an Adoption Order, through progress reports as required under the Placement for Adoption Procedure, and receives Disruption Reports in relation to any breakdowns in adoptive placements (see Disruption of Adoptive Placements Procedure).

The Adoption Panel should also provide feedback to the adoption agency every six months on the quality of reports and whether there is a fair and consistent approach across the service.


2. Adoption Panel Membership

There is no fixed Panel membership or maximum number of members or maximum tenure of office.

A Central List needs to be maintained containing a list of persons considered to be suitable to be members of an Adoption Panel.

When setting up an Adoption Panel, members will be drawn from this Central List. The same people do not have to be appointed to every Panel meeting.

The Central List should include (in addition to the Independent Chair):

  • Adoption social workers with at least 3 years' relevant post qualifying experience in child care social work, including direct experience in adoption work (not necessarily employed by the agency)
  • The Medical Adviser/s 
  • Other persons whom the agency considers suitable including specialists in education; race and culture; child and adolescent mental health services; and those with personal experience of adoption.

The Chair must be independent of the adoption agency, and is appointed by the Designated Manager (Adoption Panel Appointments).

The Panel must also have one, and can have two Vice Chairs (who are not necessarily independent members), who are also appointed by the Designated Manager (Adoption Panel Appointments).

The Agency Decision Maker on adoption matters must not be included on the Central List.

The agency should decide how many people should sit at each Adoption Panel meeting, provided that there is a quorum of five, one of whom must be the Chair or Vice Chair, one of the adoption social worker representatives and at least one independent member.

2.1 Appointments to the Central List

The Chair must be an independent member, and is appointed by the Agency Decision Maker (Adoption Panel Appointments).

The Panel must also have a Vice Chair (not necessarily an independent member), who is also appointed by the Agency Decision Maker.

The Panel Chair should have knowledge and experience of the area of adoption, be familiar with the regulatory framework of the Adoption Service and be able to analyse the discussion and summarise the views expressed.

He or she should command respect from Panel members and be able to manage the meeting with firmness, tact and wisdom, by eliciting the views of Panel members fairly and ensuring all views are heard in a way which values each member's opinion.

The Panel Chair must always manage any Panel member who acts in a manner which is oppressive or discriminatory to other Panel members or those attending Panel.

Those on the Central List are appointed by the Agency Decision Maker (Adoption Panel Appointments) and will able to continue their membership as long as they are able to carry out their duties.

All those on the Central List should have undergone a recruitment process that includes interviews, identity checks, verification of qualifications and right to work in the UK, references and CRB checks, which are recorded.

New appointees will be asked to give signed agreement to checks being undertaken as above and cannot take up their appointment until the outcome of the checks are known.  They are excluded from Panel membership if they have any offences against children or of violence. They are required to notify the Panel Adviser immediately if they receive such a conviction or caution while on the Central List.

They should have the opportunity to observe an Adoption Panel meeting before they sit as a member and to attend an annual joint training day with adoption agency staff; have induction training completed within 10 weeks of inclusion on the list and access to appropriate training and skills development and are kept abreast of changes to legislation, regulation and guidance.

They should also have access to the agency's whistle-blowing policy.

Written information about the expectations arising from their appointment should be given to new appointees to the Central List (in relation to their performance objectives, participation in induction and other training, safeguarding the confidentiality of information provided to the Panel and their general conduct - see Section 2.2, Confidentiality and Section 2.3, General Conduct) and they should be asked to sign a written agreement confirming their acceptance of these before taking up their appointment.

Failure to attend 3 consecutive Panel meetings or less than 75% of Panel meetings in one year, for other than medical reasons, may result in the member's appointment being withdrawn.

2.2 Confidentiality

All written and verbal information given to Panel members in the course of their duties is strictly confidential.  As indicated above those included on the Central List are required to sign a written agreement, before taking up their appointment, to confirm that all information they receive will remain confidential.  The agreement will be retained on their personal file kept by the Panel Adviser.

Panel members are expected to keep all written information in a secure place and return all Panel documents to the agency immediately after each Panel meeting.

Panel members must not copy, in part or in whole, any documents that relate to a case.

If a Panel member has some knowledge of a case, whether in a personal or professional capacity, they should declare an interest and inform the Chair of the Panel. This should be done at the earliest opportunity, so that an alternative member can be invited if required to ensure the Panel is quorate (see 2.4 below).

Failure to comply with the above paragraphs may result in the member's inclusion on the Central List being terminated.

2.3 General Conduct

All those on the Central List should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.

Panel members should have read the Panel papers carefully prior to the Panel meeting and come prepared to contribute to the Panel discussion and express a view on the matter under consideration, including voicing any concern or disagreement with other members of the Panel.

The Panel Adviser will review the performance of those on the Central List on a regular basis.

The Panel Adviser, in consultation with the Chair, will review their performance on a more formal basis at least annually in the form of an appraisal.

If there are concerns about the conduct or behaviour of a person on the Central List, this should be conveyed to the Panel Chair who will raise these concerns with the person in private.

If such concerns cannot be resolved informally, the Chair, in consultation with the Panel Adviser, will write to the person concerned setting out the concerns and what action it is proposed to take. See 2.6 Termination of Appointment to the Central List for action that may be taken if the concerns continue.

The Chair's performance will be reviewed annually by the Agency Decision Maker, taking into account the views of those who attend Panel meetings, namely persons on the Central List, social workers and prospective adopters.

2.4 Conflicts of Interest

Panel members should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect a Panel member’s capacity to act without prejudice or preference in a matter.

It is anticipated that in many circumstances there may be professional knowledge of a case which should be notified to the Chair but which will not affect a member’s capacity to participate in the Panel.  In other circumstances there may be a personal interest or connection which would require the Panel member to refrain from participation.  In cases where it is less clear, advice should be sought.

In the case of a potential conflict of interest where advice is required, Panel members should consult the Chair, Panel Adviser or Legal Adviser, giving as much advance notice as possible, particularly having regard to the implications for the quorum.

2.5 Resignations from the Central List

All those on the Central List are expected to give a minimum of one month's written notice of their wish to resign, except where personal emergencies e.g. accidents, illness, make this impossible. Resignation letters should be addressed to the Designated Manager (Adoption Panel Appointments), with a copy to the Chair of the Panel.

Initial verbal resignations may be given, but only at the close of Panel business and should always be followed by a written resignation. Those on the Central List are asked, as a matter of courtesy, to inform the Chair of the Panel of their intention to resign, before making any public announcement.

Those on the Central List wishing to withdraw a submitted written resignation must do so before the one month notice period expires by writing to the Designated Manager (Adoption Panel Appointments), who reserves the right not to accept a withdrawal of notice and to allow the original letter of resignation to stand.

2.6 Termination of Appointment to the Central List

Where it is considered that someone is unsuitable to be on the Central List, they must be given one month's notice in writing and reasons for the decision to end their appointment.

Where there are concerns about the behaviour of a person on the Central List either inside or outside the meetings, and the difficulties have not been resolved by discussion and correspondence between the Chair, Panel Adviser and the person concerned, the matter will be raised by the Panel Adviser with the Designated Manager (Adoption Panel Appointments), who will decide whether to propose the end of the appointment and if so, will advise the person concerned in writing giving clear reasons for the proposal.

The person concerned will be given the opportunity to make observations on the matter before a final decision is made by the Designated Manager (Adoption Panel Appointments).


3. Adoption Panel Meetings

There are two Adoption Panels - both usually meet monthly at Calder Vale Rd, Offices, Wakefield. One meets on the second Friday in the month and one meets on the fourth Friday in the month.  The Panel Adviser will ask the Panel Administrator to arrange additional special meetings at short notice as necessary, with the relevant Chair's authority, where for example there is a need to consider an urgent placement.

The Panel Administrator will prepare and circulate an annual list of Adoption Panel dates and deadlines each November for the following year.

The Panel Adviser, who must be a senior practitioner or manager in the Adoption Team with at least 5 years' relevant post-qualification and management experience, attends all Panel meetings to advise the Panel but is not a member of the Panel.  His or her role is to ensure all the necessary reports are available for the Panel, to advise the Panel on social work and procedural matters and to report to social workers and their managers on issues arising from Panel meetings.

Although the Panel are not expected to consider matters relating to Inter Country adoption, should that be the case, the Panel Adviser must arrange to provide specialist advice and any relevant information required.

The Panel Adviser's role is also to assist with appointments to the Central List, to arrange induction and other training for those on the Central List, to monitor and review their performance and monitor and review the administration of the Panel.

The Panel Administrator, in consultation with the Panel The Panel Administrator, in consultation with the Panel Adviser and/or Adoption Team Manager, will prepare the agenda for each meeting and draw members from the Central List. The agenda and Panel papers for each meeting should be sent to members at least five working days before the meeting.

Social workers presenting reports to the Panel must send their report and any supporting documentation required (as specified in the relevant procedures elsewhere in the Manual; see Placement for Adoption Procedure and Assessment and Approval of Prospective Adopters Procedure) to the Panel Adviser 4 weeks before the panel meeting in order that they can be quality assured. The Panel Adviser will suggest amendments that are required to be undertaken in order to make paperwork fit for panel purpose. Once any amendments have been carried the social worker must send their reports and any supporting documentation required to the Panel Administrator at least 2 weeks before the date of the Panel meeting.  Items will be withdrawn from the agenda where the paperwork is inadequate to enable the Panel to consider the matter.

The Panel's Legal Adviser attends or gives advice in advance to all Panel meetings, but is not a member of the Central List.

Observers may attend Panel meetings with agreement in advance from the Panel Chair.  Only one observer may be present at any meeting.  Observers must have a legitimate reason for requesting attendance, for example a social work, legal or medical student, or a prospective member of the Central List. Observers cannot attend unless they have signed a confidentiality agreement.

The agenda for each meeting will include at the beginning an opportunity for any person to declare an interest in any item on the agenda (see 2.4, Conflicts of Interest).  If an interest is declared, the Chair must then decide whether the concerned person should withdraw during consideration of the item.

The Panel will discuss each case and any issues of concern or missing information, before those attending for specific items of business join the meeting.  Once those attending have joined the meeting, and after introductions have been made,members have the opportunity to ask their questions and the Panel Chair will invite those attending to ask any questions they may have.  Those attending withdraw from the meeting while the Panel consider its recommendation. If the social worker wishes to wait, they will be informed of the outcome of the Panel discussion and any recommendation and advice given.

In the event of a disagreement between members of the Central List, the Chair will consider whether further information is required or whether the Panel should go ahead and make a recommendation on the basis of the majority view.  In this event, any dissenting view should be fully recorded in the minutes.

At the end of each Panel meeting, the Panel Administrator will collect all members' papers.  Members of the Central List who were unable to attend a meeting will be asked to return his or her papers to the Panel Administrator.


4. Adoption Panel Minutes

The Panel minutes will always record the information in relation to the following:

  1. The reports received.  (The Panel’s requirements as to reports are specified in the relevant procedures elsewhere in the Manual; see Placement for Adoption Procedure and Assessment and Approval of Adoptive Parents Procedure).
  2. Who attended and for which part of the discussion
  3. Medical advice
  4. Legal advice
  5. The Panel’s discussions (main points) and conclusions
  6. The Panel’s recommendations and reasons, including any reservations expressed by any member.
  7. Any advice given by the Panel.

The Panel minutes will be written in accordance with the agreed format and kept on every child’s or prospective adopter’s Adoption Case Record

The draft Panel minutes will be approved by the Chair. They will then be sent to the Agency Decision Maker, together with the reports considered by the Panel when the recommendation was made, so that the Agency Decision Maker can meet the timescales for making the decision as set out in the relevant procedures.


5. Reports to Adoption Panel

Reports to the Adoption Panel in relation to matters upon which the Panel are asked to make recommendations must be prepared by qualified social workers with at least 3 years’ post-qualification experience.  This must include direct experience of adoption work either in assessing prospective adoptive parents or implementing an adoption plan for a Looked After Child.  Where the author of the report does not have the requisite qualifications and experience, he or she must have either a qualification in social work or be a social worker in training, and must be supervised by a qualified social worker with 3 years’ relevant experience. 

Where the person preparing the report is an independent social worker, they must always be suitably qualified and experienced and be supervised by a member of staff with the suitable qualifications and experience.

The same qualifications and experience are required for social workers undertaking visits to children placed for adoption - see Monitoring and Supervision of Adoptive Placements Procedure - and authors of Court Reports in adoption cases - see Court Reports in Adoption/Special Guardianship (including 'Annex A' Reports) Guidance.

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