Sussex Child Protection and Safeguarding Procedures
Sussex Child Protection and Safeguarding Procedures Sussex Child Protection and Safeguarding Procedures

6.3.13 Non Agency Adoptive Placements

UNDER REVIEW:

March 2010:  This chapter is now out of date and incorrect in significant detail, and is under revision, so if you need guidance on this subject area you should speak to your Practice Manager, Service manager or one of the following: 

Fostering: Graham Whitaker, the Agency Adviser on 01273 29 (5381)

Adoption: Michael Wilson, Agency Advisor Adoption and Permanence on 01273 29 (5378)

SCOPE OF THIS CHAPTER

This procedure applies to applications in relation to adoptive placements that have not been arranged by a local authority or registered adoption agency, other than children brought into the UK for the purposes of adoption. This will include adoption applications by step-parents, relatives, private foster carers or approved foster carers who have not sought or obtained the local authority's approval for the placement becoming an adoptive placement.

In relation to such applications, the residence requirements are as follows:

  • If the applicant or one of the applicants is the partner of the parent of the child, the child must have lived with the applicants continuously for 6 months prior to the application
  • If the applicants are approved foster carers, the child must have lived with the applicants continuously for 12 months prior to the application
  • In any other case, the child must have lived with the applicant(s) for three out of the last five years prior to the application or the Court must have granted leave for an earlier application

In relation to such applications, the age requirements are that the applicant - an individual or both members of a couple - must be aged 21 or over. The only exception is where the application is made by a couple and one of the applicants is a parent of the child in question. In this case, the minimum age requirement for the parent is 18, although his/her partner must still be 21 or over.

For the procedure in relation to children who have been brought into the UK for the purposes of adoption - see Inter Country Adoption Procedures.


Contents

  1. Initial Contact
  2. Notifications
  3. Medical Information
  4. Other Checks
  5. Local Authority Duties to the Child
  6. Court Request for Report
  7. Parental Consent
  8. Child's Wishes and Feelings
  9. The Applicants
  10. Adoption Support
  11. Alternatives to Adoption
  12. Adoption Hearing
  13. After the Court Process

1. Initial Contact

Where residents of Brighton & Hove request advice by letter, telephone or in person in relation to a non-agency adoption, the matter should be referred to the Adoption and Permanence Team where the duty allocated Social Worker should complete a Referral Form and offer the enquirer general information. This may be by telephone or an office interview may be arranged.

The prospective applicants should be offered information and advice on the adoption process and the implications of adoption, including the following:

  1. The age and residence requirements
  2. Alternatives to adoption
  3. The child's need to know that s/he is adopted and have information about the birth family
  4. The requirement for the consent of Parents with Parental Responsibility to be obtained
  5. The role of the Reporting Officer and Children's Guardian (terms defined in Keywords)
  6. The need to notify the local authority of their intention to apply for an Adoption Order.

If it is clear that the applicants do not fulfil the criteria of Domicile/Habitual Residence in the UK (see Keywords), the duty Social Worker should advise them to obtain legal advice.

When it is established that the family concerned wish to pursue adoption, the case should be allocated to a Social Worker in the Adoption and Permanence Team. The allocated Social Worker should meet the qualification and experience criteria set out in Section 17.3 of Adoption and Permanence Panel Procedures.


2. Notifications

Applicants for adoption, in the case of non-agency placements, must notify the local authority for the area where they live of their intention to apply for an Adoption Order. The notification should be sent at least three months and not more than two years before the date of the adoption application.

Any such notification received should be passed to the Adoption and Permanence Team. The Practice Manager will arrange for the notification to be acknowledged and, if not already allocated, allocate the case to an allocated Social Worker. The allocated Social Worker should meet the qualification and experience criteria set out in Section 17.3, Adoption and Permanence Panel Procedures.

Upon receipt of the notification, the local authority will have will have duties towards the child, see Section 5, Local Authority Duties to the Child.

An Adoption Case Record should be opened for the child or each of the children involved.


3. Medical Information

Except where the application is by a step Parent in which case a medical report is not required, the allocated Social Worker will check that the applicants(s) and the child have received a medical examination before the adoption application is submitted.

If medical examinations are required, the allocated Social Worker will provide the applicants with the relevant BAAF medical forms for completion. These should be submitted to the Court with the adoption application and the Court will send copies to the local authority when a Court report is requested. Upon receipt, the completed medical forms should be passed by the allocated Social Worker to the Medical Adviser for comment. These comments should then be included in the Court report (see Section 6, Court Request For Report).

The social worker should also attempt to obtain medical information on the birth parents and a neonatal report on the child if under 5 years old.  The BAAF medical forms M & B can be used for this purpose. The social worker should send all available medical information to the Medical Adviser for comment.


4. CRB and Other Checks

On receipt of the notification of intention to apply to adopt, the allocated Social Worker should arrange a Criminal Records Bureau check on the applicants and any member of the household aged 18 or over. Forms should be left for the prospective adopters to complete as soon as practicable after notification of an intention to adopt is received.

Consent should also be obtained for checks to be carried out with the local authority within which the applicants currently live and any other relevant local authority (i.e. if the applicants have moved within the last five years).  In some cases it may be necessary for additional checks to be undertaken (i.e. Probation, health trust, housing, education) and consent for these should also be obtained.

The prospective adopters should also be asked for the names of three personal referees; only one of these referees can be related to the applicant.  If the applicant is a step-parent the names of only two referees are required. The social worker will request written references from the referees and will also interview them.


5. Local Authority Duties to the Child

On receipt of a notification in relation to a child, the allocated Social Worker must investigate the child’s situation and report to the Court before an Adoption Order is made, including the suitability of the adopters (see Section 6, Court Request For Report).

Where the child is within the definition of a Privately Fostered child, the duties to supervise the child under the Private Fostering Procedures will also apply.

The Social Worker should continue to monitor the welfare of the child if he or she is privately fostered until an Adoption Order is made or until notification is given that the prospective applicants no longer intend to apply to adopt.

Prospective applicants should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the allocated Social Worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn. In any event, after 2 years the notification will lapse.


6. Court Request For Report

Where a Court receives an adoption application in relation to a non-agency adoptive placement, the Court will notify the local authority of the hearing date and request a Report be prepared and submitted to the Court. The Court timescales should be clarified at an early stage and if more time is required, a written request must be submitted to the Court as soon as the need for an extension is identified.

The allocated Social Worker responsible for the supervision of the child will be responsible for preparing the Report, and for this purpose should gather available information on the child and Parents - see sections below.

Once completed, the allocated Social Worker should send the Court Report to the Adoption and Permanence Team Practice Manager for approval so that it can be filed with the Court within the required timescale.

For the contents required for the Court Report see Court Reports in Adoption/Special Guardianship Procedures.


7. Parental Consent

The adoptive applicants will have to indicate in their adoption application whether or not there is Parental Consent to the application. If the Parents do not consent, it is for the applicants to ask the Court to dispense with the agreement of the Parent or Parents.

The allocated Social Worker preparing the report should attempt to interview both birth Parents in relation to the adoption application and ascertain their views. If the Parents do not live within a reasonable travelling distance, the Social Worker may request that a Social Worker from the local authority for the area where the birth Parents now live interview them.

The report should address the significance of the role played so far by the birth Parents in the child's life and the implications of an Adoption Order for any future Parental role.


8. Child's Wishes And Feelings

The Social Worker should speak to the child to ascertain his or her wishes and feelings in relation to the adoption and report on these to the Court. Where the child is not aware of the adoption application, the Social Worker should discuss with the adopters the best way to address this so that the child's views can be obtained.

The discussion with the child should address any confusion on the part of the child in relation to the implications of an Adoption Order for example where the adoptive applicant is a relative.


9. The Applicants

The report will need to comment on the strength and duration of any new family relationships, particularly in the case of an adoption application by a step Parent. Where there is limited evidence of the strength and stability of the relationship, the applicants should be advised to consider deferring the application until there is more evidence of stability.

In addition, alternatives to adoption should be discussed and explored with the applicants, who should be encouraged to consider them.

For example where the main concern is the child's name, the applicants should be advised to seek legal advice on how to achieve this without the need for an adoption order.


10. Adoption Support

Other than an application by a step Parent, the allocated Social Worker should consider the child and adoptive family’s entitlement to adoption support. See Adoption Support Services Procedures.


11. Alternatives To Adoption

The report should address any alternatives to adoption, which may offer a better framework for the child and the birth Parents' future role.


12. Adoption Hearing

The allocated Social Worker responsible for preparing the report should attend the adoption hearing.


13. After The Court Process

Once the adoption proceedings are complete, the Social Worker should complete the child's Adoption Case Record and arrange for its safe storage in the Adoption Archives.

End