4.10.2 Adoption Panel

AMENDMENTS

This chapter was updated in July 2011 to take account of the Adoption National Minimum Standards 2011 and Adoption Guidance 2011. Significant changes have been made, especially in relation to the order in which stages of the process are undertaken, and the chapter should be read in its entirety.

Adoption Panel Purpose and Function
Adoption Panel Membership
Adoption Panel Meetings
Adoption Panel Minutes
Reports for Adoption Panel and Qualifications and Experience of Report Writers
Observers
Guardians

1. Adoption Panel Purpose and Function

Children’s Social Care, Department of Services for Children & Young People is an adoption agency which has to be run according to the duties imposed by the Adoption and Children Act 2002 and accompanying Regulations and guidance. The Regulations require that the adoption agency establishes at least one Adoption Panel which is made up of a range of members as stipulated in the Regulations. In Bradford, there are two Adoption Panels.

The Adoption Panels receive reports from the agency and consider what recommendations they want to make to the Agency Decision Maker. The Adoption Panel members are involved in the annual Adoption Agency Review and contribute to discussions about improving the practice of the Adoption Agency. The Adoption Panel may also raise concerns with the agency about practice in particular cases.

Recommendations

The Adoption Panel makes recommendations as to the following:

Whether a child should be placed for adoption
The suitability of prospective adoptive applicants to adopt
Whether a child should be placed for adoption with particular prospective adopters

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

The remit of the Adoption Panel is as follows:

1.	In relation to the child: the Adoption Panel must have regard to the following duties imposed on the Adoption Agency:
	1.1	the paramount consideration must be the child’s welfare, throughout his/her life. must have regard to the adoption welfare checklist due consideration must be given to the child’s religious persuasion, racial origin and cultural and linguistic background consideration must always be given to the whole range of powers available under the Adoption and Children Act 2002 and Children Act 1989.
	1.2	Where the Adoption Panel makes a recommendation that the child should be placed for adoption, the Panel must consider and may give advice about: arrangements which the agency proposes to make for allowing any person contact with the child whether the local authority should make an application for a Placement Order.
2.	In relation to prospective adopters: where the Adoption Panel makes a recommendation that the prospective adopter is suitable to adopt a child, the Panel may consider and give advice about the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background.
3.	When limited assessments are considered by the Adoption Panel, the Panel must either: request the adoption agency to prepare a further report covering all matters, OR; recommend the prospective adopter is not suitable to adopt.
4.	In relation to the proposed placement of a child: in considering what recommendation to make, the Adoption Panel shall have regard to the following duties imposed on the adoption agency: the paramount consideration must be the child’s welfare throughout his/her life the adoption welfare checklist* must be considered due consideration must be given to the child’s religious persuasion, racial origin and cultural or linguistic background.
5.	When the Adoption Panel makes a recommendation as to whether the child should be placed for adoption with a particular adopter, the Panel must consider and may give advice about: Adoption Support proposals; proposed contact with any person; and whether the Parental Responsibility of any parent/guardian or prospective adopter should be restricted and if so, the extent of that restriction.
6.	For all items of Panel business, the Adoption Panel may suggest action points which need attention arising from Panel discussions, and may offer additional comments for the attention of the adoption agency.
	The matters contained in the adoption welfare checklist, which is set out in Section 1 of the Adoption and Children Act 2002, are: The child's ascertainable wishes and feelings regarding the decision (considered in the light of the child's age and understanding) The child's particular needs The likely effect on the child (throughout his or her life) of having ceased to be a member of the original family and become an adopted person The child's age, sex, background and any of the child's characteristics which the Court or agency considers relevant Any harm (within the meaning of the Children Act 1989) which the child has suffered or is at risk of suffering The relationship which the child has with relatives and with any other person in relation to whom the Court or agency considers the relationship to be relevant, including:
		the likelihood of any such relationship continuing and the value to the child of it doing so the ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child's needs the wishes and feelings of any of the child's relatives, or of any such person, regarding the child

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

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

Timescales

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

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

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

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

2. Adoption Panel Membership

Bradford has two Adoption Panels.

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

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

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

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

Adoption social workers with at least 3 years post-qualification experience in child care social work, including direct experience in adoption work (not necessarily employed by the agency)
Medical Adviser
Other persons whom the agency considers suitable including specialists in education; race and culture; child and adolescent mental health services; and those with personal experience of adoption.
The Chair must be independent of the adoption agency, and is appointed by the Designated Manager (Adoption Panel Appointments).

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

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

The adoption agency must appoint a Professional Adviser for each Adoption Panel, who is required to be a senior member of staff who is a social worker with at least 5 years post-qualifying experience and relevant management experience. The Professional Adviser to the Panel has the following functions:

To assist the adoption agency with the appointment, reappointment, termination and reviews of Adoption Panel members
To be responsible for the induction and training of Adoption Panel members
To be responsible for liaison between the adoption agency and the Adoption Panel, monitoring the performance of Adoption Panel members and the administration of the Adoption Panel
To give advice to the Adoption Panel, as requested, in relation to any cases under consideration or general matters.

It is not a requirement in Regulations that there is a Legal Adviser as a member of the Adoption Panel. However the Adoption Panel must seek legal advice in relation to planning for children and may in relation to other matters. It is Bradford's policy that there will be a Legal Adviser present at all Adoption Panel meetings, who will be there in an advisory capacity.

The adoption agency makes arrangements for a member of the administrative team at the Adoption and Fostering Unit to be present at Adoption Panel meetings to take minutes of the proceedings. This is to assist the Adoption Panel in its duty to make a written record of proceedings, recommendations and reasons for recommendations.

The Agency Decision Maker on adoption matters must not be a member of either Panel.

2.1 Appointments to the Central List

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

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

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

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

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

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

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

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

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

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

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

2.2 Attendance at Panel

Appointed Panel Members are expected to make every effort to attend Adoption Panel meetings.

If Panel members are unable to attend, they should inform the Admin. Officer (Adoption) as soon as possible, to ensure the Panel is quorate.

Failure to attend less than 75% of Panel meetings in one year, for other than medical or child care reasons, will lead to a review of whether it is viable for the Panel member to continue as a member.

2.3 Confidentiality

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

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

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

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

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

2.4 Performance of Panel Members

All those on the Central List are encouraged to consider reports with an open mind and a clear focus on the recommendations that Panel need to make.

The adoption agency is committed to anti-discriminatory practice and professional advice to the Panels and the chairing of meetings will maintain this perspective in situations where those on the Central List may be struggling with personal or religious beliefs which conflict with what they are being asked to consider.

All those on the Central List should have read the Panel papers carefully, prior to the Panel meeting, and come prepared to contribute to the Panel discussion.

The Professional Adviser attached to the Panel will review each person on the Central List performance on a regular basis. This will usually take place in the regular meetings held between Panel Chair, Vice Chairs, Professional Advisers and the Adoption and Fostering Unit Manager. The Professional Adviser, in consultation with the Chair, will review each member's performance on a more formal basis at least annually. The current policy is that those on the Central List will be asked to do a self appraisal which will be looked at by the Panel Chair and the Professional Adviser. Comments will be made on the form and a copy returned to the Panel members.

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

If concerns about a person on the Central List conduct or behaviour cannot be resolved informally, the Chair, in consultation with the Agency Decision Maker, will write to the member concerned setting out the concerns and what action it is proposed to take.

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

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

2.5 Conflicts of Interest

All those on the Central List should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect a a person on the Central List capacity to act without prejudice or preference in a matter.

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

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

2.6 Resignations from the Central List

Those on the Central List are expected to give a minimum of one month's written notice, except where personal emergencies e.g. accidents, illness, make this impossible. Resignation letters should be addressed to the Adoption and Fostering Unit Manager with a copy to the Chair of the Panel.

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

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

2.7 Termination of Appointment of a Person from the Central LIst

Where there are concerns about a person on the Central List behaviour either inside or outside the meetings, and attempts to resolve the difficulties have not been resolved by discussion between the Chair, Professional Adviser and the member concerned, the matter will raised by the Professional Adviser with the Adoption and Fostering Unit Manager.

The Adoption and Fostering Unit Manager will decide whether to propose the end of the appointment and if so, will advise the Panel member in writing giving clear reasons for the proposal.

The person will be given the opportunity to make observations on the matter before a final decision is made by the Adoption and Fostering Unit Manager or the Head of Service depending on the circumstances.

3. Adoption Panel Meetings

Bradford has two Adoption Panels. Each Adoption Panel meets monthly on a Monday. The Professional Adviser will arrange additional special meetings at short notice as necessary, with the Chair's authority, where for example there is a need to consider an urgent placement or the amount of business requires more panel time.

The venue is Aire Building at Shipley.

Bradford has chosen to commission an Intercountry Adoption service from Doncaster Adoption Society. It will therefore not be necessary for Bradford Panels to be routinely involved in considering intercountry adoption matters. Where the Panel - exceptionally - is considering a matter relating to an intercountry adoption, the Professional Adviser must arrange to provide specialist advice and any relevant information required.

Social workers presenting reports to the Panel must send 16 copies of their report to the Admin. Officer (Adoption) 13 days before the date of the Panel meeting. A timetable for the submission dates for the year will be available to social workers and managers.

The Admin Officer (Adoption), in consultation with the Professional Adviser, will prepare the agenda for each meeting and draw members from the Central List. The agenda and Panel papers for each meeting should be sent to members at least five working days before the meeting.

The agenda will include at the beginning an opportunity for any person on the Central LIst to declare an interest in any item on the agenda. If an interest is declared, the Chair must then decide whether the person on the Central LIst should withdraw during consideration of the item.

At the beginning of each Panel meeting, those on the Central List will consider the questions and issues that they want to raise with workers or applicants. These will be organised into a sheet of typed questions that will be available to applicants and social workers prior to their coming into the Panel.

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

At the end of each Panel meeting, the Admin. Officer (Adoption) will collect all members' papers. Those on the Central List unable to attend a meeting will be asked to return his or her papers to the Admin. Officer (Adoption)

4. Adoption Panel Minutes

The Regulations require that the Adoption Panel must make a written record of its recommendations and reasons for the recommendations.

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

The reports received. (The Panel’s requirements as to reports are specified in the relevant procedures elsewhere in the Manual; see Planning for Adoptive Placements Procedure, Placement for Adoption Procedure and Assessment and Approval of Adoptive Parents Procedure).
Who attended and for which part of the discussion
Medical advice
Legal advice
The Panel’s discussions (main points) and conclusions
Actions requested by Panel and any other comments
The Panel’s recommendations and reasons, including any reservations expressed by any member. The person will not be identified by name
A box to monitor performance against the time scales set out in National Minimum Standards.

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

Following each Panel (held on a Monday), the minutes will be typed up by the Thursday of that week. The Professional Adviser to the Panel will check the draft minutes.

The Professional Adviser will meet the Agency Decision Maker either on the Thursday or Friday following the Panel meeting. S/he will go over the minutes of Panel and will clarify for the Agency Decision Maker any questions or issues that need attention. The Agency Decision Maker will consider all Panel recommendations and the views of Panel members, paying attention to those situations where there may be differing views. The Agency Decision Maker may chose to defer making a decision if s/he wants to seek more information on a particular matter. No Panel member may discuss the Panel’s recommendations with the Agency Decision Maker.

The Agency Decision Maker is required to listen to the views of Panel but can decide not to accept a recommendation. In this situation, he/she should first discuss the case with another senior officer with the appropriate experience, who should not be a Panel member. The Agency Decision Maker will send a written summary of the reasons for his/her decision to the Panel. In the event that the Agency Decision Maker supports a recommendation from Panel not to approve prospective adopters or to de register approved adopters, the decision is referred to as a Qualifying Determination and the unsuccessful applicants/prospective adopters will have the right to seek a review through the Independent Review Mechanism - see Section 12, Assessment and Approval of Adoptive Parents Procedure.

Adoption Panel will review the minutes at the next meeting of that Panel and seek information about follow up actions.

5. Reports for Panel and Qualifications and Experience of Report Writers

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

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

The same qualifications and experience are required for social workers undertaking visits of children placed for adoption - see Monitoring and Supervision of Adoptive Placements Procedure - and Court Reports Guidance.

Panel will need the following social work reports to assist with forming recommendations in addition to relevant medical forms:

1.	Child's Permanence Report: to consider whether a child should be placed for adoption
2.	Report back to Panel in relation to a child: if not placed within 9 months of obtaining Authority to Place for Adoption when a Looked After Review or Adoption Review recommends a change in Care Plan at any time after the Adoption Panel's recommendation that the child should be placed for adoption, e.g. an Adoption Review that recommends adoption is no longer the appropriate plan for the child following a disruption if not subject to an application to adopt within 12 months of the adoptive placement when adopted
3.	Prospective Adopter's Report: to consider the suitability of prospective adopters to adopt.
4.	Review of Adopters Approval: in the event of a change of circumstances for prospective adopters and/or a reassessment of their suitability to adopt.
5.	Report back on adopters: where they have been matched with a child from another agency and an Adoption Order is made.
6.	Adoption Placement Report, Child's Permanence Report, Prospective Adopter's Report and minutes of previous Panels: to consider a proposed placement.

6. Observers

Staff, students and other persons considered appropriate by the adoption agency may attend an Adoption Panel meeting as observers for the purpose of their learning in relation to adoption matters. Arrangements in relation to observers will be undertaken by the Admin. Officer (Adoption). Requests from outside agencies or from individuals who are not agency social workers will be considered by the Professional Adviser to the Adoption Panel.

All relevant Panel papers will be sent to observers in the same way as they are sent to Panel members. Observers will sign a confidentiality agreement and notify the Professional Adviser of any potential conflict of interest. They will not be entitled to comment during Panel deliberations. Any person attending Panel will be advised of the presence of observer(s) and may indicate if this is a matter of concern.

7. Children’s Guardians

A Children's Guardian may attend Panel in relation to the discussion of whether a child should be placed for adoption relating to a case in which they are involved and occasionally in relation to proposed placements if, for example, the child is already placed during proceedings with the family who wish to adopt the child e.g. foster carers

Their entitlement to attend derives from the Children Act 1989, has the force of law and should only be deviated from in exceptional circumstances.

Children’s Guardians may be invited to submit a short report for the Panel members to consider during their briefing discussion. This report should set out the Children's Guardian’s concerns and questions and generally not be more than two sides. Any report submitted to the Panel becomes potentially disclosable within any Court proceedings. If the report is submitted to the Admin Officer (Adoption) 13 days before the Panel hearing, it will be included with the papers sent out to Panel members. Otherwise, it should be sent to the Admin Officer (Adoption) who will ensure it is submitted at the Panel briefing.

The Children’s Guardian may attend the discussion along with the social workers managing the case, in order to listen to their response to Panel questions, make any comments s/he has and answer any questions from Panel members.

Whilst Panel make their deliberations, the Children’s Guardian will retire along with the social workers and will be present for the feedback from the Panel Chair to workers and to hear what recommendation will be made to the Agency Decision Maker. The Children's Guardian must understand that the Panel’s role is to consider whether a child or children should be placed for adoption and to make a recommendation to the Agency Decision Maker. The Adoption Panel is not in itself a decision making body.

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