6.2.3 Assessment and Approval of Prospective Adopters |
RELEVANT CHAPTERS
This chapter should be read in conjunction with the Government Guidance "Preparing and Assessing Prospective Adopters", which was issued by the Department for Education and Skills in June 2006.
AMENDMENTS
This chapter was amended in June 2011 in relation to the Adoption Guidance and National Minimum Standards, 2011. Changes are highlighted below.
Contents
- Recruitment and Responding to Initial Enquiries
- Information Session
- Initial Visit and Expression of Interest
- Checks and References
- Preparation Course
- Home Study/Assessment
- Prospective Adopter’s Report
- The Panel Recommendation
- After the Panel Recommendation
- Representations/Independent Review Procedure
- Review of Approved Prospective Adopter’s Approval
- Criteria for Prospective Adopters
1. 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.
All members of the public who make an initial enquiry by telephone, email or letter in relation to becoming an adopter will be referred to the Adoption Team's duty social worker. All enquirers will be treated as a potential resource and given a prompt response. They will be contacted by the duty social worker within 5 working days to provide and gather further information and for a general discussion about adoption. If it is not possible to contact them by telephone, an email or a letter will be sent inviting them to contact the duty social worker.
The duty social worker will complete an Initial Referral Form and arrange for it to be entered on RAISE in relation to all new enquiries.
If the enquirer is responding to publicity for a specific child, this should immediately be passed to the adoption social worker with responsibility for family finding for the child concerned, who will do the initial screening, provide brief non-identifying information about the child to the enquirer and, if appropriate, pass the information to the child's social worker who will contact the enquirer and if the enquiry is to be pursued, arrange to carry out the Initial Visit jointly with the adoption social worker - see Section 3, Initial Visit and Expression of Interest.
If the enquirer is a current foster carer for a child in the authority's care please Foster Carers Who Wish to Adopt the Child they are Fostering Procedure.
Otherwise, the Initial Referral Form will be passed to the administrative staff who will enter the details on the Adoption Database (AD). A RAISE check will be carried out by the administrative staff in relation to enquirers and all members of their household.
Where the enquirers are not previously known, they will be sent an Information Pack in relation to the adoption process, information about the types of children requiring adoptive placements, the Habitual Residence and Domicile requirements for adoptive parents, the assessment process and timescales (including the checks, references and preparation), matching, support, the Independent Review Mechanism (see Section 10, Representations/Independent Review Procedure) and the Complaints Procedure. There will be an accompanying letter inviting the enquirer to the next scheduled information session about adoption. The Information Pack will usually be sent within 2 working days and must be sent within 5 working days - of the initial enquiry.
Where the enquirer or a member of the household is known, the enquiry will be passed to the Adoption Team Manager for a decision on how to proceed. At this early stage, it may be appropriate to advise enquirers against pursing adoption if they clearly do not meet the basic criteria (see Section 12, Criteria for Prospective Adopters). The Adoption Team Manager’s decision will be communicated to the person concerned, with reasons given, and the decision will be recorded. Where the decision is to proceed, the enquirer will be sent an Information Pack and the same procedure will be followed as for all other enquirers.
Where the enquirer is the current foster carer for a child, the referral to the Adoption Team will be made by the child's social worker following a meeting chaired by the Children's Service Manager and the child's Looked After Review both of which support the application - see paragraph 7.10, Placement for Adoption Procedure. Foster carer applicants will receive the same standard of assessment, preparation and training, information sharing and support as any other adopters.
The Information Pack will include a Personal Information Reply Form, which enquirers will be asked to complete and return to the Adoption Team Manager if they wish to pursue their interest.
If the Personal Information Reply Form is not returned within 2 weeks, the Team Manager will follow up with a letter to the enquirer. This will be recorded on the AD.
When the Personal Information Form is returned, the AD and RAISE will be updated by the administrative staff and the Adoption Team Manager informed.
2. Information Session
Information Sessions for potential adopters, which are also attended by social workers, are held regularly and enquirers should be invited to attend one within 3 months of the initial enquiry being received. The purpose of the sessions is to provide potential applicants with as much information as possible to help them decide whether they wish to adopt.
Second time adopters or foster carers who wish to adopt do not need to attend these sessions.
3. Initial Visit and Expression of Interest
See also: Initial Visit to Prospective Adoptive Applicants Guidance
If the enquirer confirms that he or she wishes to proceed (having returned the Personal Information form), arrangements will be made for a social worker to make an Initial Visit as soon as possible after the Information Session or within 2 months of receiving the initial enquiry if no Information Session is held in time. The allocated worker will contact the enquirer within 5 working days and make an appointment to undertake the Initial Visit within 2 weeks of the allocation.
The purpose of the Initial Visit is to counsel the potential applicants and explain further about adoption and its effects (including the procedures and the legal implications, the need to complete a Preparation Course, the statutory checks to be undertaken on all members of the household, interviews with adult children living away from home and the circumstances in which interviews with previous partners will be undertaken - see Section 4.2). The needs of the children currently waiting for adoptive families will be outlined. The allocated worker will discuss with the potential applicants their expectations, skills, experience, knowledge, aptitude for adoption and how these would be assessed, consider with them the appropriateness of moving to a formal application and agree the next steps.
A second visit may be required for some potential applicants to cover areas not explored at the first visit or to explore further any areas of concern highlighted during the Initial Visit. This may be a joint visit by the allocated worker and another colleague or the Adoption Team Manager.
Prospective applicants should be specifically asked to identify anything that they know may preclude them from adopting.
If any factors emerge which may have an adverse effect on an application, appropriate advice will be given about proceeding further or about the possible need to make early checks, for example in relation to health issues, before any decision can be made to invite an application to be made.
The outcome of the visit should be shared with the Adoption Team Manager.
The Adoption Team Manager will decide whether it is appropriate to invite an application to adopt, i.e. the enquirer to complete an Expression of Interest Form. The decision will be based on the information obtained so far in relation to the enquirers and the needs of the children waiting for adopters.
A letter will be sent to the prospective applicants outlining the issues discussed during the visit and any areas of concern highlighted.
An Adoption Case Record for prospective adopters should be set up as soon as a formal application has been received (including where it is a second or foster carer application, in which case copies of relevant information from other files should be placed on the new Adoption Case Record.)
If there are reasons for not inviting an Expression of Interest Form, the Adoption Team Manager will write to the enquirers setting out the decision not to proceed and the reasons. Advice should be given of any steps they may take in order to meet the criteria or of how they might pursue their interest elsewhere, if appropriate. The outcome will be recorded on the AD and RAISE and the referral will be closed.
If there appear to be issues of concern in relation to the prospective applicants’ health, the Medical Adviser should be consulted for advice before a decision is made. Where advised by the Medical Adviser, the potential applicants should be requested at this stage to obtain a medical report from their GP.
In addition, where offences are disclosed at this stage, an early CRB check will be carried out before a decision is made.
Dependent on the outcome of the health information received and the medical advice from the Medical Adviser and/or the CRB check, the Adoption Team Manager will decide whether to proceed to the next stage and the decision will be communicated to the enquirer in writing with reasons.
Where a decision is made to proceed, the Adoption Team Manager will inform the administrative team. The Team Manager and administrative team are responsible for proactively tracking the potential applicants from this point until the social work assessment commences - see Section 6, Home Study/Assessment.
The administrative team will ensure the potential applicant(s) are sent (and assisted to complete if necessary) an Expression of Interest Form and authorisation forms for Criminal Records Bureau checks (for all members of the household aged 18 and over), health checks and other references within 10 days of the Initial Visit - see Section 4, Checks and References.
On receipt of the completed Expression of Interest Form and authorisations for the checks/references, the administrative staff will input the date of the Form and details of the household members in the AD and RAISE. A new Adoption Case Record for the applicant will be opened (including where it is a second or foster carer application, in which case copies of relevant information from other files should be placed on the new Adoption Case Record).
Applicants will be invited to attend an Adoption Preparation Course to commence after the checks and references have been returned - see Section 5, Preparation Course. Following this, the case will be allocated to a qualified social worker with suitable experience (see Section 5, Adoption Panel Procedure) for a full assessment.
4. Checks and References
4.1 Checks
Checks should be undertaken on receipt of the completed Expression of Interest Form, and returned before applicants are accepted onto a Preparation Group see Section 5, Preparation Course.
Potential applicants will be asked to complete authorisation forms for the necessary checks to be undertaken for all members of the household aged 18 and over.
On receipt of the completed forms, the following checks will be taken up on all adult members of the household aged 16 and over: Criminal Records Bureau (CRB) (enhanced criminal record certificates will be sought), Health Trust, Education Service, Children’s Social Care Services (including the Record of Children with a Child Protection Plan) and the NSPCC. Where the applicants live or have lived outside the local authority area, the checks must be made with the local authority and health trust where the applicants live/have lived.
CRB checks for prospective adopters should be updated every two years until an Adoption Order is made. When a second application is made by adopters, the checks should be repeated.
Where applicants have recently moved to the UK (within the last 10 years), checks will also be made through International Social Services and/or the relevant Consulate on all members of the household aged 18 and over.
In addition, where the applicant has school age children, the relevant school(s) will be contacted, with the permission of the applicant, for information regarding the applicant’s ability to promote the child’s education.
On receipt of the statutory checks, the administrative staff will update the AD and RAISE.
Where there are concerns about a prospective applicant’s circumstances as a result of the information obtained from the above checks, for example as a result of a conviction which means s/he or a member of the household is a Disqualified Person (Adopter), this should be referred to the Adoption Team Manager and the prospective applicant will be advised not to proceed with their interest. Where the information relates to an offence which does not automatically disqualify the applicant, the Adoption Team Manager must consider whether the approval process can still proceed. Such 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 Adoption Team Manager may also consult the Agency Decision Maker.
For further guidance see also "Preparing and Assessing Prospective Adopters", which was issued by the Department for Education and Skills in June 2006 and can be found on the Department for Education website.
A further visit may be arranged to the prospective applicants to explain any decision not to proceed. The prospective applicants must always be notified in writing of the decision, with reasons.
If the information leading to this decision relates to a previous conviction of one of two joint prospective applicants or a member of the household, the details of the offence can only be disclosed to the prospective applicant with the consent of the relevant person; without such consent, the prospective applicant can only be informed that the reason relates to information obtained from the checks but no details can be given.
If the prospective applicant withdraws, the administrative staff will update the AED and RAISE.
Where the prospective applicants wish to challenge any such decision, a brief Prospective Adopter’s Report on the application should be presented to the Adoption Panel and the procedure to be followed should be the same as if the report was a full report on the Prospective Adopters (see Section 7 to Section 9).
Information relevant to the check that has been made with the CRB may only be retained on the prospective applicant's Adoption Case Record for a limited period and should be destroyed when a decision is made on the application. The agency should note on the prospective adopter's Adoption Case Record that the CRB information has been destroyed and that the information led the adoption agency to form a particular view, without citing the information itself.
4.2 References
Each prospective applicant will be asked to provide the names of two personal referees, who are adults, have known them for at least five years and are not related to them. Referees should be people who know the prospective 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.
One of the references should be from a family member unless there are exceptional circumstances which prevent this or make it impractical. In such cases agreement must be sought from the Service Manager for there to be no family reference and the reasons for this should be stated in the assessment.
Where there is to be a joint application, referees should know both prospective applicants, or additional referees will be required.
A third reference from a member of each of the prospective applicant’s wider families may also be taken up at the Team Manager’s discretion.
A written reference (a Pro Forma will be sent) should also be obtained from each prospective applicant’s current employer to verify employment dates, role and whether there may have been any disciplinary proceedings/disputes. Where the prospective applicant has recently changed jobs, i.e. within the last 6 months, a written reference should also be obtained from the recent past employer.
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 administrative staff will send requests for written references to each referee, enclosing a pro Forma for completion.
The referees should be asked to comment on the Pro Forma 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 background will impact on the other children in the family.
- Any reservations the referee has and whether the referee wholeheartedly supports the application
On receipt of the references, the administrative staff will update the Adoption Database (AD) and RAISE.
As well as providing a written reference, at least one family member and one personal referee for each applicant will also be interviewed during the home study part of the assessment process. For a single applicant, two personal referees and one family referee will be interviewed.
Referees and any other family members spoken to during the preparation of the report should be informed in writing about the position in relation to confidentiality. A written reference will not be shown to an applicant unless the applicant requests disclosure and the referee consents to disclosure. The same applies to information and opinions shared in the course of conversation. These will not be disclosed to an applicant without permission. However, referees and others should be made aware that it will often be necessary to discuss with applicants information and opinions expressed and where this happens, the particular source of the information or opinion will not be disclosed. Referees may be sent a written record of the discussion held with the assessing social worker and be asked to sign their agreement to it being a true record.
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 will also contact all previous partners of the applicants; unless there is a good reason not to do so, the social worker will arrange to interview them face-to-face wherever practicable. All adult children of the applicant(s) living away from home will also be contacted unless impractical to do so. Any concerns raised by referees will be addressed as appropriate via Safeguarding Children or other relevant procedures.
4.3 Health
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. In relation to foster carers whose application to adopt will be supported by the local authority, the medical fee will usually paid by the Adoption Team. Otherwise applicants will be responsible for paying their own medical fee unless a decision is made not to proceed made on medical grounds in which case the Agency will reimburse the fee.
The administrative staff will send Form AH to the prospective applicant for completion and return. The Form will then be sent to the GP for completion and return. Once received back from the GP, the Form should then be sent to the Medical Adviser for comment.
The GP’s report must have been written within the 6 months prior to the Adoption Panel meeting considering the application.
Where the applicant’s GP has expressed concerns or where clarification of the implications of any health issues is required, detailed advice must be sought from the Medical Adviser and the implications fully discussed with the applicant. It may be necessary for reports from other health professionals also to be obtained and presented to the Medical Adviser and the Adoption Panel.
The health report should be updated every 2 years.
4.4 General
Where there are concerns about an applicant’s circumstances at any point, for example where there are concerns about their health or about the information obtained from referees, this must be referred to the Adoption Team Manager and the applicant may be advised not to proceed with the application. Any such advice must be confirmed to them in writing and the reasons explained.
If the applicant withdraws, the administrative staff will update the AD and RAISE.
Where the applicant disagrees with the decision, a brief Prospective Adopter’s Report on the application should be presented to the Adoption Panel and the procedure to be followed should be the same as if the report was a full report on the Prospective Adopter (see Section 7 to Section 9).
5. Preparation Course
Prospective applicants will be booked on to an Adoption Preparation Course once their checks and references are received.
Second time adopters who have attended a Preparation Course within the last 3 years will not be required to attend again and along with foster carers who wish to adopt will be booked on a different Preparation Course from first time applicants.
All prospective adopters will have submitted a formal application form prior to attending a Preparation Course. The Adoption Team Manager will prioritise applicants’ attendance at courses according to the priority needs of the service.
The Preparation Course is an integral part of the application process, and all prospective applicants are expected to attend all sessions. Where they are unable to attend all sessions, consideration will be given to deferring their attendance and giving their place to another prospective applicant.
The objectives of the Groups are:
- to raise awareness and understanding of the key issues which need to be addressed by all prospective adopters, including information to enable them, to understand the purpose and importance for the child of maintaining contact with the birth family
- to assist prospective applicants to consider more thoroughly the implications of adoption and to decide whether or not adoption is right for them
- to assist prospective applicants to determine the type of resource they can offer to the children needing adoptive placements.
Those facilitating the course will provide written feedback on issues relating to the prospective applicants for the assessment social worker which must be used in his or her assessment.
Where issues emerge during the Preparation Course as a result of which the Adoption Team Manager decides that it is not appropriate to proceed by inviting a formal application, the applicants should be visited by their allocated worker and notified in writing of the decision, with reasons. Advice should be given of any steps they may take in order to meet the criteria or of how they might pursue their interest elsewhere, if appropriate.
Where the prospective applicant disagrees with the decision, a brief Prospective Adopter’s Report on the application should be presented to the Adoption Panel and the procedure to be followed should be the same as if the report was a full report on the Prospective Adopter (see Section 7 to Section 9)
6. Home Study/Assessment
Once the checks and references have been returned and preparation training completed, the case will be allocated for a full assessment to a qualified social worker with suitable experience (see Section 5, Adoption Panel Procedure). The allocated worker will not necessarily be the same as the social worker carrying out the Initial Visit.
The time taken to complete the assessment and present the report to the Adoption Panel after a formal application has been received will generally be no more than eight months from the receipt of the application unless the need for additional work with the prospective adopters is identified or recommended by the Adoption Panel. Where the timescale is not met, the Adoption Panel should record the reason.
Where the assessment is of a foster carer, the assessing social worker should be different from the carer’s supervising social worker, whether he/she has experience of adoption or not.
The assessing social worker will:
- familiarise him or herself with the application form
- contact the applicant(s) and arrange a visit
- draw up a written agreement setting out the dates for the assessment visits and the likely date for the presentation to the Adoption Panel
- interview couples individually and together and ensure the children of the applicant or other significant members of the family/household are seen alone
- inform the applicant(s) of any revised timescales if there are delays
The areas covered in interviews will follow the subject areas:
- individual profiles of all members of the household, including racial origin and religious persuasion
- 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
- where it is a joint application, the stability of the relationship and whether it has the strength to withstand the demands that an adoptive placement may bring
- motivation to adopt/childlessness
- parenting experience (if any) and being parented
- any experience with children
- their understanding of parenting children born to someone else and helping children with loss and making sense of their past
- their understanding of how to promote secure attachments between children and appropriate adults
- their understanding of racial, cultural, linguistic, disability and religious issues
- their awareness of sexual and other forms of abuse
- their support network, including wider family network
- expectations of the placement, including understanding of issues from the Preparation and Training Course
- 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
- their willingness to notify the Adoption Team if the adopted child dies during childhood or soon afterwards
Applicants will be encouraged to be actively involved in contributing towards the assessment, and supported to provide their own written report/portfolio for panel to evidence their capabilities and to support their application. It is also expected that applicants with little experience of childcare will undertake to gain such experience with the age group of children they hope to adopt, e.g. in a family centre setting or by learning about a particular culture.
As part of the assessment:
- a family tree and chronology of key events in the applicant’s life 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
- where an applicant has been divorced or separated, factors contributing to the breakdown of the relationship must be verified. This applies equally to significant relationships between couples who are not married.
The adequacy and safety of the accommodation and transport will also be thoroughly checked, including any risks posed by pets. A Pro Forma is available).
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 Procedure. As part of this, the family’s finances and the criteria for financial support should also be discussed.
Where the prospective adopters live outside the local authority area, the social worker should ascertain the extent of any support services identified as necessary in their local area.
Where there are concerns about the suitability of the applicant that arise at any point during the assessment, the assessing social worker should discuss these with the applicants and consult the Adoption Team Manager. Where the applicants are advised to withdraw, see Section 4.4 for the actions that should follow.
7. Prospective Adopter’s Report
The information gathered during the assessment, the Preparation Course and the checks and personal references, will form the basis of the Prospective Adopter’s Report. The report will also include a summary by the Medical Adviser of the health report obtained on the applicant/s.
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.
Once the assessing social worker has completed a draft of the report, it should be submitted to the Adoption Team Manager / Panel Adviser for discussion in order to identify whether there are any issues that are unclear or need further work before the assessment is completed. Where there are any such issues, the Adoption Team Manager will arrange a home visit to the applicants by another experienced practitioner or team manager before the Prospective Adopter’s Report is finalised, in order to provide a second opinion on the applicants to the Adoption Panel.
When the Prospective Adopter’s Report is finalised, a copy should be sent to the applicants (excluding the written references and the medical report). The applicants should be asked to sign and return the report, if agreed, and/or send their comments in writing to the assessing social worker. It should be explained to them that they have 10 working days to do this, (or they can be asked to sign a disclaimer stating they do not wish to take 10 days to comment) and that any written comments they make will be circulated to Adoption Panel members, with the report.
The Prospective Adopter's Report will then be passed to the Adoption Team Manager to be endorsed and counter-signed.
The Prospective Adopter’s Report should be presented to the Adoption Panel within 6 weeks of its completion.
The applicants should also be advised of their right to attend the meeting of the Adoption Panel, which considers their application.
The social worker will then send the Prospective Adopter’s Report, the applicants’ written comments (if any), 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 outside the district) and any other relevant documents, to the Panel Administrator at least 2 weeks before the relevant Adoption Panel meeting.
Where the assessment relates to foster carers who wish to adopt a child, the foster carers' supervising social worker will also submit a report which confirms that the applicants' continued status as foster carers has been formally discussed with them, taking into account possible implications for the child or children they hope to adopt. The report should contain the outcome of such discussions and make a clear recommendation.
The date, time and venue of the Adoption Panel meeting will be communicated to the applicants as soon as possible, together with written information about the Panel process, 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 any additional information presented verbally, and make a recommendation to the Agency Decision Maker regarding the suitability of the applicant to adopt a child.
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, gender, 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 social 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 Agency Decision Maker 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 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 Adoption Team Manager will arrange for the applicants to be given verbal notification of the decision within 2 working days and written notice of the decision, signed by the Agency Decision Maker, within 5 working days of the decision.
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.
The Adoption Team Manager will arrange for the approval details to be entered on the local Adoption Register and RAISE.
Notification of the outcome will also be sent to all agencies consulted and the applicants' referees.
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 directly to the agency or the applicant may request a referral to the Independent Review Mechanism. NB. Applicants can decide which procedure to choose - they cannot choose both.
The Panel Administrator must receive the written representations or notification of the wish to make a referral to the Independent Review Mechanism within 40 working days of the date of the written notice of the decision.
If no written representations or notification are received within this period, the decision to refuse the application can be confirmed.
10.1 Written Representations
If written representations are received within the period, the Panel Adviser will arrange for the report to be reconsidered by the Adoption Panel, taking into account the written representations, and make a new recommendation to the Agency Decision Maker.
The Panel Administrator will advise the applicant within 7 days of the date of the Panel meeting when they can attend and/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 within 7 working days of the Panel meeting.
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.
Where the decision is to approve the application, the Panel Administrator will enter the approval details on the local Adoption Register and RAISE.
10.2 Referral to the Independent Review Mechanism
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, and a copy of the written notification of the decision 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 Service 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 within 7 working days of the receipt of the Independent Review recommendation. A copy of the decision will also be sent to the Independent Review Panel Administrator.
Where the decision is to approve the application, the Panel Administrator will enter the approval details on the local Adoption Register and RAISE.
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.
11. Review of Approved Prospective Adopters’ Approval
All successful applicants will be supported by an adoption social worker through the period of waiting for a placement, who will 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 and the Medical Adviser, support the approved adopters through the matching process and when a match is presented to the Adoption Panel or the Adoption Panel of the placing authority.
As soon as adopters are approved, the process of matching them with a child requiring a placement will begin. This may be done with a Wakefield child or via the Regional Consortium. The adoption social worker will maintain close contact with the approved adopters during this period so that they are aware that placements are being actively considered.
Prospective adopters' details may be passed to the Adoption Register immediately after their approval (if they consent) if it appears unlikely that there will be a placement with a child in their area or if no locally identified match is being actively pursued at the latest by three months.
All other prospective adopters will be referred to the Adoption Register and the Regional Consortium three months after approval if a local link is not actively being considered. Where they have specialist parenting skills, they can be referred earlier.
They will also be informed of local support groups and be advised of their responsibility to maintain links with their allocated adoption social worker and keep him or her informed of any significant changes in their situation.
The Adoption Team Manager will review the adopters’ approval at least annually where a child has not been placed with them. The review will be more frequent where there are major changes in the adopters' circumstances, e.g. pregnancy, major health changes or an approved couple separating.
The review will consider any changes in health, family circumstances, any child protection issues, work commitments etc.
Advice about the renewal of medicals should be sought from the Medical Adviser.
All approved adopters will be subject to Criminal Records Bureau checks every 2 years.
Where the Adoption Team Manager considers that the prospective adopters remain suitable to adopt, the prospective adopters will be informed by letter, a copy of which will be placed on the prospective adopter’s Adoption Case Record.
Where the review suggests that the prospective adopter/s may no longer be suitable to adopt, the adoption social worker will prepare a Prospective Adopter’s Review Report for presentation to the Adoption Panel indicating any changes in circumstances and recommending any changes in approval. The prospective adopter should be advised that their case is to be referred to the Adoption Panel, and given a copy of the Review Report. They should be invited to send comments on the Report within 10 working days before arrangements are made for the report to be presented to the Panel.
In all cases where a child has not been placed after 2 years, the case should be referred to the Adoption Panel and a review report prepared as above.
Where cases are to be presented to the Adoption Panel, the procedure set out in Section 8, The Panel Recommendation and Section 9, After the Panel Recommendation 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.
12. Criteria for Prospective Adopters
12.1 Individual and Joint
Applications will be considered from married couples, unmarried couples or single people.
In the case of married and unmarried couples, while there is no minimum requirement on the length of the relationship, the Panel will need to be satisfied about its quality and stability and may wish to refer to prevailing BAAF guidance. Any evidence of domestic abuse between a couple or major issues of inequality of power will preclude applicants from being regarded as suitable.
12.2 Religion
Applications will be considered from people of any or no religious persuasion.
12.3 Ethnicity
Applications will be considered from people of any race or culture.
12.4 Age
The minimum age for adopters is 21 years. There is no specific upper age limit although there is an expectation that any applicants will have a reasonable expectation of retaining their health so as to be able to meet the many and varied demands of children during their formative years and reasonably be expected to live until that child achieves independence.
12.5 Gender
Applications will be considered from people of either sex and from same sex couples.
12.6 Sexual Orientation
Applications will be considered from people of any sexual orientation. In relation to same sex couples, the applicants will need to demonstrate that they have important relationships with members of the opposite sex who can provide a role model for any child placed.
12.7 Income and Work Commitment
Applicants may be in work or not. Whatever the applicants’ income, they will need to consider the financial implications of increasing their family and be able to demonstrate they can financially meet the needs of a child placed.
12.8 Employment by Wakefield Metropolitan District Council
Employees of Wakefield MDC will not be eligible to apply to be assessed as prospective adopters by the Wakefield Adoption Service. Any employees who express an interest will be advised of alternative adoption agencies which they should contact to pursue their interest.
12.9 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. Any comments or advice given by the Medical Adviser must be taken seriously by the applicants and will be addressed during the assessment process.
Applicants are expected to positively promote a healthy life-style which will enable a child to reach his or her full potential. This would encompass attention to nutrition, exercise, routine and hygiene.
No child under 5 or a child vulnerable to chest complaints would be placed in a household where one or both adopters or other residents are smokers. See BAAF Practice Note in Relation to Smoking Procedure.
It is expected that adoptive parents will not exceed the nationally recommended alcohol consumption levels and that children’s needs and safety will be met at all times.
Any evidence of current or recent illegal drug use will disbar an application.
12.10 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 at the age of 18 or over of any offence against a child or any of the list of offences specified in the Adoption Agencies Regulations 2005, regulation 23 and Schedule 3, Parts 1, 2 and 3.
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. All such cases will be referred to the Adoption Team Manager who may also consult the Agency Decision Maker. For further guidance see also "Preparing and Assessing Prospective Adopters", which was issued by the Department for Education and Skills in June 2006.
12.11 Accommodation
Applicants may own their own home or live in rented accommodation. They will have to demonstrate that they have a financially secure home environment in which to bring up a child. Applicants who are in the process of moving or plan a move in the near future will have their application put ‘on hold’ until they have a stable environment.
They will need living and sleeping accommodation appropriate to the number and ages of the children they are seeking to adopt, this would include an adopted child having their own bedroom, unless part of a sibling group.
It is important that the home environment is child-friendly, welcoming to the child, safe and meets reasonable levels of hygiene.
All applicants will have a safety check on their home undertaken. This will include the outdoor space, animals (including the sleeping and toileting arrangements for any pet) and the holding of any firearms.
12.12 Fertility
For those applicants who have fertility difficulties, all fertility investigations must be complete before any application to adopt is received and at least 6 months should have elapsed since the last treatment. If it becomes known that fertility treatment has continued, any application will cease immediately and the applicants will become ineligible.
Applicants must have come to terms with their infertility sufficiently to be at a stage when they would be able to focus fully upon the adoption process and the needs of a child as a positive option.
12.13 Applicants who have a Child or Children
Applications will be accepted from people who already have a child, whether or not an adopted child, in which case there should be a reasonable age gap between any children already in the household and the child an applicant is seeking to adopt according to the dynamics of the family.
Where the applicants have previously adopted a child within the previous 12 months, there may be a recommendation to defer the application. Exceptions will be considered where the sibling of an adopted child requires an adoptive placement and it is considered in the best interest of both children, for them to be placed together.
12.14 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 needs 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.
12.15 Location
Applications are welcome from those who reside within the local authority area or elsewhere.
Applicants must be prepared to travel for group meetings, introductions etc. and be available for assessment and home visits.
12.16 Child Care Experience
It is important that the applicant who is going to be the main carer has some experience of ‘hands-on’ care of children of the age group in which the applicants are interested. Those who have no direct experience of children are expected to gain some experience by offering their voluntary help in nurseries etc.
As well as practical ability in childcare, it is crucial that applicants are child-centred and can have some perception about how the child’s experience has impacted on how they see and experience the world.
12.17 Support Network
Applicants will need to demonstrate that they have accessible and established support networks of family and friends outside the home, who will be in a position to provide support with parenting, both practically and emotionally. The support network must be realistic and preferably include those who have some understanding of the needs of children (and knowledge of the needs of adoptive children in particular).
12.18 Post Placement/Post Adoption Contact
It is important that adopters are able to acknowledge the importance of a child’s identity through maintaining knowledge of their birth family.
All applicants must be prepared to meet the birth parents before the child is placed if that is felt appropriate.
Prospective adopters will also 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 or there is a Court Order in force, whether this is through indirect or direct contact arrangements.
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