Adopted adults who were adopted before 30th December 2005 may apply to the Registrar General for a copy of their original birth certificate.

If they were adopted before 12th November 1975 and do not know their birth name, they are required to attend a counselling interview (which is a consultation where information, advice, support and guidance are offered) in order to receive the birth record information needed to apply for a copy of their birth certificate.

If they know their birth name, or were adopted after 12th November 1975, they are not required to have counselling but may have if they wish to. These people may directly apply for a copy of their original birth certificate and the Registrar General will inform them that counselling services are available.

When a caller enquires about access to birth records, the Service Advisor/Admin Officer (Adoption Support) will establish that the enquirer was adopted and is over 18 years and is resident in Bradford Metropolitan District Council.

If the enquirer does not live in the Bradford Metropolitan area, they will be advised to re-direct their enquiry to their Appropriate Adoption Agency or local Adoption Support Agency. 

The Service Advisor/Admin Officer (Adoption Support) will give basic information about the steps that are required to be taken in order to have access to birth records and will inform the enquirer that support in this process is offered on behalf of Bradford adoption agency by After Adoption Yorkshire.  The enquirer will be informed that the Service Advisor/Admin Officer (Adoption Support) will refer them to After Adoption Yorkshire unless they wish to refer themselves.  This information is confirmed in a standard follow-up letter to the enquirer.  The referral may to After Adoption Yorkshire will be made by Email and will contain the name and phone number of the enquirer.

Most Adoption Records are held in the Archive at the Adoption and Fostering Unit.  Others, especially older ones, may be in a variety of places. 

The records may take the form of:

• Paper files
• Microfiche and Cassette - a paper file of original documents such as letters and photos may also be held
• Electronic (since April 2008).  ICS and CIVICA

When an enquiry is made about access to Adoption Case Records (or for an Intermediary Service -see Section 7, Intermediary Services), the Service Advisor (Adoption Support) will:

• establish that the enquirer was adopted, is over 18 years and is resident in Bradford Metropolitan District Council.
• provide information about the process of obtaining information, and explain that this process is (currently 2009) undertaken on Bradford's behalf by After Adoption Yorkshire,
• inform the enquirer that the Service Advisor/Admin Officer (Adoption Support) will refer them to After Adoption Yorkshire unless they wish to refer themselves.  This information is confirmed in a standard letter to the enquirer, enclosing a leaflet about After Adoption Yorkshire which explains their role 
• The referral to AAY can be made by Email and will give the name and phone number of the enquirer.
• After Adoption Yorkshire will then contact the enquirer.

If the enquirer does not live in the Bradford Metropolitan District area, they will be advised to re-direct their enquiry to their Appropriate Adoption Agency or local Adoption Support Agency.  If requested, information will be given where possible regarding the enquirer's local Appropriate Adoption Agency or Adoption Support Agency.

On receiving the referral, After Adoption Yorkshire will offer the enquirer an interview.  Proof of identity will be required.  During the interview, the adopted person will be advised about:

• their right to seek access to their Adoption Case Record
•  the right to register an absolute or qualified Veto on their Adoption Case Record - See Section 11, Registration of Expression of Wish by Birth Relatives
• for those who wish for help in tracing members of their birth family, the availability of Intermediary Services- see Section 7, Intermediary Services and Section 8, Managing and Disclosing Information to Adopted People and their Birth Relatives in Relation to Adoptions made on or after 30th December 2005 (Post-Commencement Adoptions)

The adoption support worker will send, by recorded delivery, photocopies of the adoption case record (i.e. records prepared under the Adoption Agencies Regulations 1983, Reg 7(2) (a). This will include:

• The Form E or other report about the adopted child provided to Adoption Panel and to a court in Freeing or Adoption Order proceedings
• Any information about the adopted person or birth family acquired after the adoption Order.

The documents will be accompanied by a standard letter ('Access to Information, adoptee - request for summary from other agencies') to After Adoption Yorkshire which states that After Adoption Yorkshire will edit the records or make a summary of the information for sharing with the adopted adult - see the paragraph below about information sharing.  The form 'Undertaking by Birth Record's Counsellor for Access to Information Request' is attached to the letter.  This letter also asks After Adoption Yorkshire to inform Bradford if the adopted adult requests an Intermediary service.

The documents will be sent by recorded delivery to the worker requesting the records.  At the same time, an email will be sent to the worker informing them that the documents have been posted, and asking the worker to notify us by email as soon as the records arrive.  Both emails will be electronically recorded.

A photocopy of the documents sent to After Adoption Yorkshire will be made and placed in the section labelled 'Information sent to AAY awaiting feedback' in the Adoption Support Referral file.

On receipt of the summary/edited version of the records prepared by After Adoption Yorkshire, the adoption support worker will consider each piece of information according to the 'Information Sharing Protocol'.  The worker will return the summary/edited version of the records within 15 working days.

Where an Adoption Support Agency other than After Adoption Yorkshire is offering a service to an adopted adult, the process will be the same as above.  The allocated worker must first ensure that the agency making the request is a registered Adoption Support Agency, a Voluntary Adoption Agency who is registered to offer such a service, or a Local Authority Adoption Agency who provides an Intermediary Service.

The standard letter 'Letter to confirm agency's registration - Adoptee application' is available to request information about the requesting agency's status.  Further information may be obtained by consulting the website of the agency making the request or the Ofsted website. (Check using URN if supplied by the agency - note that the 0 in the URN is the number, not a letter. 

A local authority adoption agency is not required to register its provision of specific services with Ofsted.  Therefore, in order to verify the suitability, the worker should consider the agency's Statement of Purpose and latest Ofsted inspection.   To view these on the Ofsted Website, follow: Inspection Reports, Children's and local services by local authority, then click on name of local authority. 

Once evidence of registration/suitability to offer the relevant service has been obtained, the records will be sent along with the letter 'Access to Information: request for summary from other agencies' and the form 'Undertaking by the Records Counsellor'

Access to Care Records When person subsequently Adopted:

• The Care Record may be separate to the adoption records which are held in the Archives at Aire Building.   Access to the Care Record of an adopted person has to be referred to the Adoption Support Service to be dealt with as access to adoption records. See sections 1. and 2 above .  

When an enquiry is made about access to Adoption Case Records (or for an Intermediary Service -see Section 7, Intermediary Services), Intermediary Services), the Service Advisor/Admin Officer (Adoption Support) will:

• establish that the enquirer is resident in Bradford Metropolitan District Council.
• provide information about the process of obtaining information, and explain that this process is undertaken on Bradford's behalf by After Adoption Yorkshire,
• inform the enquirer that the Admin Officer (Adoption Support) will refer them to After Adoption Yorkshire unless they wish to refer themselves.  This information is confirmed in a standard follow-up letter to the enquirer, enclosing a leaflet about After Adoption Yorkshire which explains their role
• The referral to AAY can be made by Email and will give the name and phone number of the enquirer.
• After Adoption Yorkshire will then contact the enquirer.

The adoption support worker will send by recorded delivery photocopies of the complete adoption record (i.e. records prepared under the Adoption Agencies Regulations 1983, Reg. 7(2) (a).  This will include:

• The Form E or other reports provided to adoption panel or to a court in freeing or adoption order proceedings
• Any information about the adopted person or birth family acquired after the adoption.

The documents will be accompanied by a standard letter to After Adoption Yorkshire which states that:

• After Adoption Yorkshire will edit the records or make a summary of the information for sharing with the birth relative
• this will be sent by recorded delivery to the Adoption Support worker who will ensure that it only contains information which can be shared with the birth relative. 

Where a birth relative requests access to an Adoption Case Record, there is no entitlement on their part to such access and it is for the adoption agency to decide whether information contained within the records may be disclosed.  Any decision to disclose such information can only be taken after discussion with and with the agreement of the Adoption Support Team Manager. 

In all cases, a balance must be struck between the confidentiality of the information, the enquirer's need to know, the relevance of the information to the enquirer and, when considering a request by a birth parent or relative, whether the anonymity of the adoptive placement can be preserved.

Information which would enable the birth relative to identify the adopted person should not be given, for example whether or not there was a change of name on the adoption, or the name of the adoptive family.  However, sometimes the records include information received in the intervening years such as news of progress made at school, health problems, achievements, requests for post-adoption support.  Careful consideration needs to be given as to whether it may be appropriate to disclose any of this information to a birth relative.

The response to a birth relative should take into account any contact between the birth family and the agency since the child was adopted and any arrangements/agreements for post-adoption contact and how these have worked.

For guidance on where to find Adoption records, see paragraph 1.7

If the adoptive parents require information from the Adoption Case Record concerning their adopted child who is still under the age of 18, they may make a request to the Adoption Support Service.  If the child is over the age of 18, or the adoptive parents require information relating to themselves, they must put their request in writing to the Adoption Support Team Manager.  The request must give the following details:

• birth first and surname and adoptive name and d.o.b of child and current address,
• the reason for the request and details of the information sought.

Requests for Access to information contained in Adoption Case Records includes:

• Social workers and other professional/administrative staff directly concerned with the case who establish a genuine 'need to know' in order to participate in providing a service to clients (discretionary) These situations will include:
• Social workers and other professionals working with the pregnant birth parents whose previous child/ren had been adopted.  Access to adoption records in this case could be for risk assessment/permanency planning  in respect of a subsequent child/ren The process for access to the adoption  records of this child is the same as under 5.2
• Social worker and other professionals who may need access to the adoption records of an adopted child if they are undertaking life work, later life letter or direct work with an adopted child. The process for access to the adoption  records of this child is the same as under 5.2
• In the case of disruption, the social workers and other professionals may need access to adoption records for the purpose of understanding the background, managing a disruption meeting and for future planning . the process for  the access is same as 5.2
• If a professional wishes to access the adoption records for the purpose of therapeutic work with a child, the process for the access to the adoption records is the same as 5.2
• Legal and Medical Advisers (discretionary)
• Other adoption agencies or specialists taking part in the adoption (discretionary)
• Adoption agencies or local authorities undertaking birth records counselling (discretionary)
• The Secretary of State or persons authorised on his/her behalf (usually mandatory unless for research purposes)
• The Regulatory Authority
• The Ombudsman (mandatory)
• Any person undertaking a Statutory Inquiry under section 81 of the Children Act 1989 (mandatory)
• CAFCASS Officers (mandatory)
• The Court and officers of the Court (mandatory)
• Any person appointed to deal with a complaint or representation in respect of which access to the Adoption Case Record is required in order to carry out the responsibilities of his or her appointment (mandatory)
• An Independent Review Panel convened to consider a Qualifying Determination of an adoption agency, e.g. where an adoptive applicant has exercised his or her right to challenge a decision of the adoption agency as to their suitability to adopt or where a decision has been made in relation to the disclosure of protected information (mandatory)
• Any person undertaking a Serious Case Review in relation to a child (discretionary)

1. Disclosure of information is also mandatory where a child is to be or has been placed for adoption when the placing authority must notify the child, parents, prospective adopters and their GP, the local authority, health trust and education authority for the area where the prospective adopters live - see Planning for  Adoptive Placement Procedure.
2. Legal advice should always be sought where any question arises as to the disclosure of information to any of the above authorities.
3. Any other request for access to Adoption Case Records must be referred to the Adoption Support Team Manager.  In some circumstances, the Adoption Support Manager may decide to seek the authority of the Unit Manager before giving consent, for example a request from a researcher authorised by the Secretary of State.  Legal advice should be sought where necessary.

For guidance on where to find Adoption records, see paragraph 1.7

Process for access to adoption case records by a professional working with an adopted child or an adopted adult

The Service Advisor/Admin Officer (Adoption Support) will:

• receive and log a request for access to an Adoption Case Record and Inform the person requesting the information that the letter must:
  • state the reason for requiring the information
  • provide evidence of consent to access to the case records by the adopted parents if adopted child  or consent from adopted adult .
  • obtain manager's permission for the access to  file
• Pass details  to the Adoption Panel admin assistant  to request search for where records held and,  if paper file retrieve it 
• Give the file to the Adoption Support Manager (or other Adoption Manager if Adoption Support manager not available ) to determine how this is to be dealt  with  (see section 5.1)depending on type of request.
• Allocate to adoption support worker who will contact the person requesting the information to arrange how to provide the information requested, by visit /correspondence and sign standard confidentiality agreement and determine which records can be shared/photocopied.
• Ensure that a written record is kept of any information/copies of documents provided from the records and disclosures made on the file from which information given.
• If electronic file - pass request to adoption manager to email CCRST (Children's Care Records Support Team) (timescale to be given by adoption manager in consultation with social worker accessing electronic file).  The adoption manager to advise what records can be copied and adoption support worker accessing the electronic records must record what records have been printed off and given to the professional requesting information. 

Access to adopted child's records when birth parents expecting another child

The Service Advisor/Admin Officer (Adoption Support) will:

• receive and log a request for access to an Adoption Case Record Inform the person requesting the information that the letter must:
  • state the reason for requiring the information
  • obtain manager's permission for the access to  file
• pass details to the Adoption Panel admin assistant to request search for where records held and, if paper file retrieve it  .
• pass paper file to an adoption manager to decide which file can be accessed
• Adoption panel admin assistant to contact the person and arrange for them to come in, obtain signed confidentiality  agreement
• ask manager to authorise records to be copied
• Adoption panel admin assistant to note on file, the date and what copies taken by the person requesting access to records. Return file to archive.
• If electronic file - pass request to adoption manager to email CCRST (Children's Care Records Support Team) (timescale to be given by adoption manager in consultation with social worker accessing electronic file).  The adoption  manager to advise what records can  be copied and adoption support worker accessing the electronic records must record what records have been printed off and  given to the  professional requesting records from Electronic records. 

Process for access by adoption support workers

1. By a member of the Adoption Support Team
   • If a member of the Adoption Support Team wishes to access a closed Care or Looked After file, the process is:
   • they must make the request to the Children's Initial Contact Point (CICP) either by telephone or in writing. 
   • If necessary, CICP will request the file from CCRST. 
   • CICP will arrange for the requesting worker to read the file at Olicana House
   • If the worker wishes to have the file sent to the Unit rather than going to CICP to read the file, the request for the file must be sent via Email to CCRST.  CCRST will arrange for the file to be sent to the Adoption and Fostering Unit via the courier service.  The file can be given to an admin worker to return it to CCRST via the courier service.  If there are electronic records then access to those records needs to be arranged via CCRST

An intermediary service is defined as:

• A service provided for the purposes of assisting adopted persons aged 18 or over, whose adoption order was made before 30 December 2005, to obtain information about their adoption, and facilitating contact between such persons and their birth relatives.

The adoption agency of Bradford's Services to Children and Young People is not registered with the Regulatory Authority to provide Intermediary Services.  After Adoption Yorkshire is regulated to provide this service on behalf of Bradford's Adoption Agency.

Any adopted persons and their birth relatives seeking an Intermediary Service will be referred to After Adoption Yorkshire. If the applicant does not live within Bradford Metropolitan District Council, they will be advised to approach their local Intermediary Service.

In all cases, the provision of an intermediary service involves:

1. Establishing that both the applicant and the person who they wish to trace are aged 18 or over.
2. Undertaking preparatory work with the applicant
3. Obtaining information from a range of sources (adoption agencies, the Registrar General, the Courts)
4. Using the information to trace and contact individuals
5. Obtaining the informed consent of the person whom the applicant wishes to trace to disclose identifying information and where obtained and appropriate disclose this to the applicant.
6. Acting as an intermediary between the applicant and the subject and facilitating contact between them
7. Providing counselling, support and advice to both the applicant and the subject about the process.

Who may apply for an Intermediary service?

Adopted adults and their adult birth relatives have the right to apply for an intermediary service but not the right to receive one if Bradford or After Adoption Yorkshire decides it is not appropriate to proceed with the application.  Regard must be given to the welfare of the applicant, subject of the request and any third parties, especially if under the age of 18, who may be identified or affected by the request.

An intermediary service is not permitted where either the birth relative or the adopted person is less than 18 years old.

The Adoption Support leaflet contains advice about the availability of Intermediary Services from After Adoption Yorkshire to adopted adults and their birth relatives seeking contact.

Responses to requests for information from Intermediary Services

1. Bradford Adoption Agency has a duty to take reasonable steps to provide information (including identifying information) to Intermediary Agencies for the purposes of:
   • counselling the applicant and the subject
   • tracing the subject
   • enabling the subject to give informed consent to the disclosure of identifying information to the applicant and possible contact.
2. When a request for information is received by Bradford Adoption Agency:
   • It will be logged as a referral by the Service Advisor/Admin Officer (Adoption Support)
   • The request for information from the Intermediary Agency will be allocated to an adoption support worker to search for relevant records.  The information may have already been provided to the Intermediary Service under the Access to Adoption Case Records regulations - see paragraphs 2.10 - 2.14 in relation to adopted adults and paragraphs 3.9 - 3.15 in relation to birth relatives. The adoption support worker must ensure that the information the Intermediary Service intends to share with the adopted adult or birth relative complies with the legislation relating to Intermediary Services.  Bradford's 'Information Sharing Protocol' provides relevant guidelines.
   • A request for information may come from an Intermediary Service Agency other than After Adoption Yorkshire if the adopted person lives elsewhere in the country. If the request for information is made by an Intermediary Agency other than one for whom Bradford has previously verified its status, the adoption support worker must first ensure that the agency is registered with the regulatory authority. A standard letter (see paragraph 2.16) may be sent to the agency, or its status may be obtained from its website or from the Ofsted website.   
3. Adoption Agency expressing a view about proposed application
   1. The Intermediary Agency has a statutory duty to establish the views of Bradford (as the Appropriate Adoption Agency) on the application and the proposed contact between the applicant and the subject. These views must be taken into account by the Intermediary Agency before deciding whether to proceed with the application.
      
      If the Intermediary Agency requests any information from the Adoption Case Record, the allocated adoption support worker will ensure that the Intermediary Agency will supply a summary/edited version of the information requested before sending information regarding the proposed contact. See paragraph 2.11
   2. The allocated adoption support worker will check the adoption record to establish if there are any recorded views about contact, including Vetoes and any views regarding contact or no contact expressed by a birth relative (see Sections 10, Registration of Veto by an Adopted Person - Adopted before 30 December 2005 and Section 11, Registration of Expression of Wish by Birth Relatives).  In consultation with the Adoption Support team manager, the allocated worker will form a view about the likely impact of contact, taking into consideration all the parties involved in the adoption, and the worker will inform the Intermediary Agency in writing giving reasons. A standard letter: 'Agency's view re IM application - adoptee' is available for this purpose.

An enquiry relating to access to adoption case records or an intermediary service from an adult adopted on or after 30th December 2005 or birth relative of an adult adopted on or after 30th December 2005 will be referred to After Adoption Yorkshire by the Admin Officer (Adoption Support). The Service Advisor/Admin Officer (Adoption Support) must first establish that that the caller is a resident of the district.

If the enquirer does not live in the Bradford Metropolitan area, they will be advised to re-direct their enquiry to their Appropriate Adoption Agency or local Adoption Support Agency. 

The adoption agency has a duty to provide written information about, and secure, if requested, counselling around the issue of contact.  This would usually be carried out by After Adoption Yorkshire (2009).  Those entitled to counselling are persons

• Who are seeking disclosure of information under S 60, 61 or 62 of the Adoption and Children Act 2002 (see paragraph 8.9)
• Whose views have been sought as to the disclosure of information about him/her
• Who have entered into an agreement with the AAA as to the disclosure of protected information i.e.

  • an adopted adult,

  • the adoptive parents of an adopted person,

  • a person who was a parent with parental responsibility of the adopted person before the adoption order was made

Regulation Section 56 of the Adoption and Children Act 2002  sets out what information the agency is required to keep in relation to children adopted on or after 30th December 2005.  This information must be kept for a minimum of 100 years from the date of adoption order. 

See Adoption Case Records Procedure. 

What must be given to adopters at time of placement/during the adoption process:

• Child Permanence Report

• Adoption Placement Report

• Adoption Support Plan

• Adoption Placement Plan

See Placement for Adoption Procedure, Section 2.1.1. Informing and consulting with prospective adoptive parents

The Child Permanence Report, to be given to prospective adoptive parents, will include:

• Identifying information on
  • The child
  • The birth parents
  • Birth siblings
  • Other members of the birth family
• Early life and family history
• Social, emotional, behavioural development

It is good practice to ascertain what information the birth relative agrees to being passed on to the adoptive family, or the adopted person at the time, or the adopted adult should they seek information at a later date.

In compiling a Child Permanence Report, workers should consider carefully what information the child and the adoptive family will need to know and limit the report to such information.  They should make arrangements for birth parents to see what has been written about them and, if appropriate, let them see a copy of the full report, excluding third party information unless permission has been given.  The permission of others whose information is included in the report should be obtained first - this includes information about other birth family members.

See Planning for Adoptive Placement Procedure, section 2.16 Content of Child's Permanence Report

The adoptive parents should also be given, with the author's permission:

• Medical reports
• Educational reports
• Psychological reports

A written record must be kept of all the written information given to the adoptive parents as adopted people have the right to receive a copy of this information when they reach the age of 18.

Information which can be given to the birth family during the adoption process once the child is adopted:

It is often helpful for birth parents to receive, with the adopters' consent, a short profile about the adoptive family.  The agency has discretion to share non-identifying information with birth parents concerning an adopted child's progress.  The adoptive parents' views and permission should be sought before sharing such information.

At the age of 18 adopted people have the right to receive:

1. everything the adoption agency was required to give their adoptive parents at time of their placement.  See paragraph 8.4
2. from the court which made the adoption order, certain documents (prescribed by the Dept of Constitutional Affairs in the Family Procedure (Adoption) Rules 2005) relating to their adoption in as far as these do not contain any protected information:
   • Application form for an adoption order
   • Adoption order
   • Reports made to the court by children's guardian, local authority or adoption agency

The court will remove any protected information from any such copy document or order before it is given to the adopted person.

An adopted person, on reaching 18, has the right to receive from the Appropriate Adoption Agency any information which would enable them to obtain a copy of their birth certificate.

If the adopted adult does not have the information contained on the birth certificate, the Appropriate Adoption Agency must apply in writing to the Registrar General on their behalf.  The information to be supplied to the Registrar General is:

• Name, date of birth and country of birth of adopted person
• Names of that adopted person's adoptive parents
• Date of adoption order

The Registrar General will supply the information needed for the adopted person to obtain their birth certificate which the agency will then pass on to the adopted adult.  If the agency considers the information must be withheld, it must apply to the High Court for an order denying this to the adopted adult.  The reason for withholding may be that this disclosure may place others at risk of harm.

Definition of S56 information

• IDENTIFYING (PROTECTED) - disclosure of protected information is restricted i.e. can only be shared in certain circumstances,  See paragraph 8.10
• NON IDENTIFYING - can be shared by the agency at its discretion

Non-identifying information includes:

• Background information such as
  • Child's birth details and medical history
  • Child's educational needs and progress
  • Details of hobbies and interests
  • Other contextual information
• any information which should be disclosed to the adoptive parents to help them care effectively for the child.
• information which could be disclosed to the birth parents or other birth relatives to inform them about the child's progress without revealing any identifying information.

Protected Information:

Protected information is defined as information which is about a person and contains identifying information about them.  Identifying information is defined as any information which on its own or together with other information disclosed by the agency identifies a person or enables them to be identified.

Identifying information may include:

• residence, educational and employment addresses, photographic and audiovisual material, case records and legal and medical information held by adoption agencies 

• information obtained from the Registrar General

• information kept by the agency about an entry relating to an adopted person on the Adoption Contact Register.

The appropriate adoption agency may decide it is not in the adopted person's or the subject's interest to proceed with the application.  The adopted person must be informed of the right to seek an independent review of the agency's determination by an Independent Review Panel.  (See Paragraph 8.15)

Any person may apply to the Appropriate Adoption Agency for disclosure of protected information about any person involved in an adoption. The adoption agency must consider the adopted person's welfare before making any determination whether or not to disclose protected information.   Decisions and their reasons must be recorded.

An applicant may request an independent review of a decision to withhold/disclose information and this would be carried out under the Independent Review Mechanism by the Independent Review Panel.. (See paragraph 8.1)

The adoption agency must consider the following matters before deciding whether to disclose protected information to the applicant:

• The welfare of the adopted person
• The views of the person to whom the information relates and if this is a child, his or her parents
• All the circumstances of the case

The agency cannot disclose identifying information to birth relatives without the consent of the adopted person.  Where the information relates to an adopted child, see paragraph 8.13

Decisions made in relation to applications for disclosure of protected information must be communicated in writing both to the applicant and the subject, and the reasons for the decision must be outlined.

The allocated adoption support worker will make a full recording of the subject's expressed view of agreement or objection to disclosure of identifying information.

The Appropriate Adoption Agency can choose whether or not to proceed with a request for up to date information about a child.

The agency must take all reasonable steps to obtain views of:

• Parent or guardian of child

• The child, if agency considers it appropriate having regard to age and understanding (e.g. Gillick Competent i.e. 16 or 17 years old and living away from home - Statutory Guidance, Ch 11, para 19.)

The adopted child's welfare is the agency's paramount consideration. If the information requested identifies both an adult and a child, the agency must take reasonable steps to obtain the views of the adult.  However, the adopted child's welfare is the agency's paramount consideration.

There is no right to request an independent review of the agency's determination if the application concerns an adopted child.

The Appropriate Adoption Agency may use information on the Adoption Contact Register to help inform its discretion as to whether or not to disclose protected information about the individual to whom the entry relates.  For example, if the agency cannot trace the individual to seek views as to disclosure of information, an expressed wish for contact may influence the decision to disclose protected information to applicant.

Independent Review

The Agency may decide

• Not to proceed with an application from any person for the disclosure of protected information
• To disclose protected information contrary to the views expressed by the person the information is about
• Not to disclose protected information about a person to the applicant where that person has expressed the view that information should be disclosed.

Whenever any of the above decisions is made, this is a Qualifying Determination and the applicant may apply to the Independent Review Panel in relation to the decision.  An explanatory leaflet 'Adoption Disclosure Applications' is available, see Independent Review Mechanism website

A letter will be sent to the applicant giving:

• Notification of the determination with a clear statement of the reasons;

• Information about the right to apply to the Independent Review Panel for a review of the determination

• Information that an application must be submitted within 40 working days of the date on which the agency's notification was sent.

There is no similar right to an Independent Review where the application relates to information held on a child and is refused.

Where a matter is referred to an Independent Review Panel, the Panel will send their recommendation to the adoption agency.  The agency is not obliged to follow the recommendation, but must take it into account when reconsidering the application. 

Access by others to Section 56 information (see paragraph 8.9 for definition)

• The agency may disclose any information, including protected information, for the purpose of counselling to the person with whom an arrangement has been made to provide the counselling.  See paragraph 8.9
• Information must be provided if requested to the Registration Authority (Care Standard Act 2000) in relation to its work of inspection of adoption services.
• Where the Local Government Ombudsman is investigating a complaint involving a local authority adoption agency, it may request S 56 information.  The local authority may refuse to disclose certain information where it would not be required to disclose it to the High Court.  (Local Government Act 1974 Section 29(7)).  The local authority may also seek to serve a statutory notice on the Ombudsman to preclude the Ombudsman from disclosing to anyone else any information which has been disclosed to him/her during the course of an investigation ((Local Government Act 1974 Section 32 (3)).
• As part of the investigation of a written complaint under the local authority's complaints procedure, Section 56 information may be required. Access may also be required by an independent person appointed to investigate a complaint.
• The review panel of the Independent Review Mechanism has the power to review a qualifying determination in relation to the disclosure of protected information (under S 61 of the Act).
• There is a duty on the adoption agency to supply any Section 56 information to the Secretary of State.
• The agency must provide access to, or disclosure of, any Section information requested by the court which has the power to make an order under the Act or the Children Act 1989.  This may apply, for example, where an adoption agency decision was the subject of a judicial review or in connection with proceedings instigated by the registration authority.
• For purposes of research authorised by the Secretary of State
• CAFCASS officer

A written record will be made which includes:

• Description of information disclosed
• Date on which disclosure was made
• Person to whom the information was disclosed
• The reason for the disclosure

A case will be closed when:

• the summary/edited version of the record has been received from After Adoption Yorkshire or other Adoption Support Agency and there are no issues for further discussion;
• agreement has been reached about disclosure of information in relation to intermediary services.

A Case Closure form will be completed and, following consideration, countersigned by the Adoption Support manager.

Veto

A veto is an opportunity for an adopted adult to place on their adoption records their wish not to be contacted by an Intermediary Agency on behalf of a birth relative.

A leaflet explaining the Veto is available and should be given to the person wishing to register a Veto

A Veto remains in place until adopted person chooses to amend or withdraw it.

1. Absolute Veto:
   
   An Absolute Veto states that the adopted person does not wish to be approached by the Intermediary Service under any circumstances. Where an Absolute Veto is registered, the Adoption Agency may pass on important information (for example, about a hereditary medical condition) to the adopted person if it considers the circumstances are sufficiently exceptional so as to warrant making contact.
2. Qualified Veto
   
   A Qualified Veto states that the adopted person is willing to be approached in limited circumstances specified by the adopted person. (Such circumstances may include specifying a particular birth relative from whom an approach may or may not be welcome or the provision of information about hereditary medical condition or passing of legacy.)

Registering a Veto

1. a referral will be taken by the Admin Officer (Adoption Support) who will enter the details on the Adoption Support Database .
2. the referral will be allocated to an adoption support worker who will arrange to meet with the adopted person.
3. The topics to be covered in the interview with the adopted person
   • confirm the adopted person's identity
   • offer full information on the types of Vetoes
   • provide counselling( information and advice ) which will include explaining the implications of registering a Veto
   • explain the right to amend, or withdraw, the veto at any time and the steps required to do so
   • explain that even a Veto can be overridden at the discretion of the Adoption Agency - see (vi) below
   • provide information about the right to place a wish for contact/no contact on the Adoption Contact Register and the procedure for doing so
4. The adopted adult will be asked to sign a pro forma, countersigned by the adoption support worker. One copy will be given to the adopted adult, and one retained on the Adoption Case Record.
5. The Veto will also will be recorded and cross referenced on the Adopted Child's Index Card, Adoption Support Casework Database, Letterbox file if relevant, and Adoption support file if there is one.
6. The adopted person will be informed that registering a Veto may not preclude Bradford adoption agency contacting them in the future where it considers it necessary to do so.  For example, Bradford may consider that the adopted person needs to be informed it has become aware that a birth relative has obtained identifying information and intends to make contact.  It might also be that Bradford has received information about a life-threatening medical condition. 
   
   Legislation indicates that only the Appropriate Adoption Agency and not an Agency providing an Intermediary Service has the discretion to override the Veto.  If Bradford as the Appropriate Adoption Agency does decide to override the Veto, they may delegate to the Agency providing the Intermediary Service the task of informing the subject that the Veto is being overridden and explaining the reasons for this decision.
7. If during the course of counselling an adopted adult about the implications of registering a Veto, it becomes clear that they may benefit from further counselling in relation to their adoption, the adoption support worker may inform them of the services offered by After Adoption Yorkshire.
8. Bradford Adoption agency will maintain details of all Vetoes placed within the Adoption Support Casework Database.
9. Bradford has an agreement with After Adoption Yorkshire that they may assist an adopted person on Bradford's behalf in registering a Veto if the adopted person is already receiving a service from them.   After Adoption Yorkshire will record the Veto and will give one copy to the adopted adult.  On receipt of the copy of the registered Veto from After Adoption Yorkshire, Bradford will place the Veto on the person's adoption record and also cross reference it on the card Index and the database as in (viii) above.

An Expression of Wish is an opportunity for birth relatives to record their wish on their adopted child's records that they would or would not want to be contacted by the adopted person from the age of 18, or by an Intermediary Agency on the adopted person's behalf.  A leaflet produced by Bradford adoption support service is available.

An Expression of Wish can be recorded either before or after the child is 18.

Registering an Expression of Wish

1. A birth relative can be informed of the opportunity to register an Expression of Wish:
   • during discussions with a birth relative about Letterbox contact (see Contact in Adoption Procedure).
   • when a birth relative has requested a  service of access to information/intermediary service.
2. The adoption support worker will give the birth relative:
   • full information about the Expression of Wish for contact /no contact when the child is over the age of 18.
   • explain the right to amend, or withdraw, the expression of wish at any time and the steps required to do so
   • provide information about the right to place a wish for contact/no contact on the Adoption Contact Register and the procedure for doing so
3. the birth relative will be asked to sign a pro forma, countersigned by the adoption support worker. One copy will be given to the birth relative, and one retained on the child's Adoption Case Record.
4. The Expression of Wish will also will be recorded and cross referenced on the Adopted Child's Index Card, Adoption Support Casework Database, Letterbox file if relevant, and Adoption support file if there is one.
5. If, during the course of counselling the birth relative, it becomes clear that they may benefit from further counselling in relation to the adoption, the adoption support worker may inform them of the services offered by After Adoption Yorkshire.
6. Bradford has an arrangement with After Adoption Yorkshire who can also assist birth relatives to record their Expression of Wish on the same pro forma as used by Bradford.  A copy will be sent to Bradford which will be placed on the adopted child or adult's Adoption Case Records, and recorded as in (iv) above.
7. Bradford Adoption agency will maintain details within the Adoption Support Casework Database of all Expressions of Wish placed by birth relatives.