4.10.7 Non-Agency Adoptions |
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 in the following circumstances:
- Partner Adoption- step parents, Civil Partners or cohabitees
- 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.
For the procedure in relation to children who have been brought into the UK for the purposes of adoption - see Inter Country Adoption Procedure.
This procedure is divided into two sections:
1. Guidance
This is written to provide information for members of the public who are considering adopting a child who has not been placed with them by an adoption agency.
- Step by Step Guide
- Who can Apply to Adopt?
- Alternatives to Adoption
- The Duty of the Local Authority to Investigate and Report to the Court
- The Assessment Process
- Where to Find Further Information
1. Step by Step Guide
- Prospective applicants make enquiries to Bradford Council by contacting the Children's Initial Contact Point.
- Prospective applicants give the local authority three months' written notice of their intention to apply to the court by writing to the Children's Initial Contact Point.
- The local authority investigates and assesses prospective applicants suitability to become the child's adoptive parent and the appropriateness of adoption for the child.
- An application is made to the court by the applicants: cost is currently £140 per application (this fee is waived in certain circumstances).
- Following an investigation and assessment the local authority submits a report to the court on the suitability of the applicants and the appropriateness of adoption for the child .
- The court considers the application, the local authority's report and makes a decision.
2. Who can Apply to Adopt?
Gender and Sexual Orientation - People of either sex and of any sexual orientation can apply to adopt.
Age - people aged 21 or over, there is no upper age limit.
Marital Status - People can apply as:
- Individuals - There are special rules if a single applicant is married or in a Civil Partnership (see- 4.10.1.2)
- Partner Adoptions - the couple may be married and this has traditionally been known as "step parent adoption" or they may be living together in a Civil Partnership or cohabiting.
In the case of Partner Adoptions there is no legal minimum requirement on the length of the marriage/relationship. In order to assess the permanence and stability of the relationship, it is unlikely Bradford would support an application from couples who have been together for less than two years.
Domicile and Habitual Residence - By law, the applicant (or at least one of them) must have their Domicile in the British Isles and the applicant (or one of them) must have their Habitual Residence in the British Isles for not less than one year before the date of the adoption application. Where there is doubt, potential applicants should be asked to seek independent legal advice. Applicants must also live in the Bradford District
Living with the child - there is a minimum period that the child has been living with the applicants. This depends on the child's relationship with the applicant.
- Partner Adoption - the child must have lived with the applicants continuously for 6 months prior to the application
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
Age of the child - The child is not yet 18 (although the court can make an order up to the day before the person's 19th birthday).
Criminal Convictions - There is a legal prohibition to adoption if the prospective adopters or any member of their household, aged 18 or over, have been convicted of a "specified offence", committed at the age of 18 or over, or cautioned for such an offence- for further details see- 4.10.1.4 . 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.
3. Alternatives to Adoption
The making of an adoption order (comment- the link to keyword is helpful here as this describes some of the implications) has far reaching legal implications for the child, the adopter and the child's birth parents. There are alternatives to adoption which may more appropriately secure the child's place in the family.
Step parents or the registered Civil Partner of the resident parent can also acquire parental responsibility by entering into a formal agreement with all those with parental responsibility or by applying to the Court for a Parental Responsibility Order. They may also apply for a Residence Order
An unmarried or non registered Civil Partner of the resident parent can also acquire parental responsibility by applying for a Residence Order
Other relatives who are not the partner of the child and foster carers can also acquire parental responsibility by applying for a Residence Order or a Special Guardianship Order
The surname used by a child can be changed by deed poll if all those with parental responsibility are in agreement.
4. The Duty of the Local Authority to Investigate and Report to the Court
When the local authority receives the written notice of an application, it has to investigate and prepare a report to the court about the suitability of the person applying to be an adoptive parent. This will be done by a social worker known as Reporting Officer who will undertake an assessment before preparing a report for the court that has to include:
- information about the child who is the subject of the application;
- information about the child's family;
- the wishes and feelings of the child and others;
- information about the prospective adoptive parent;
- information about the local authority that compiled the report;
- a summary prepared by a medical professional;
- the implications of making an adoption order for the people involved;
- the relative merits of adoption and other orders;
- a recommendation regarding adoption;
- a recommendation regarding contact.
5. The Assessment Process
Adoption is a very important step in the life of a child and the adoption process cannot be hurried. The court requires a detailed report about each person within the family and how the individuals relate to one another.
The assessment is undertaken by a social worker who asses the family situation and will involvement meeting with each individual: the applicant, the birth parents, the child and all other significant adults and children in the child's life.
The social worker as part of their assessment will look in detail at the following areas
- Child's best interests
The Court has duty to ensure that adoption is in the best interests. The court will want to establish that adoption will be best for the child throughout their life. The assessment process will involve seeing the child alone at some point. It is, therefore, essential that:- the child knows the truth about his/her origins and relationships within the family.
- child is able to understand the implications of their adoption and has a knowledge of their birth history that is appropriate to their age and development.
- Your child's birth history
If prospective applicants have not yet told your child about their birth history, the social worker will give advice. It is important that the child has a record of his or her early life, including photographs, documents, mementoes and details of significant people in his or her life. It is a good idea to have a special folder, box or photo album for this purpose. - Relationships
The court will require evidence of the family relationships. In determining the applicant's suitability, the social worker and the court will look for evidence of stability and permanence in your relationships. This requirement applies if you are married, have entered into a civil partnership or are living as partners in an enduring family relationship. - Interviewing birth parents
The local authority have legal duty to interview both birth parents, and else anyone who may have parental responsibility for the child, and ascertain their views. Applicants will need to clarify whether they are in agreement with the application.
The court will require written consent of all persons with parental responsibility for the child.
If no such agreement is given, applicants are advised to obtain legal advice from a solicitor experienced in adoption matters.
If the birth parent is not consenting to the adoption, the court will do what is in the best interests of the child and may dispense with the absent parent's consent. If the birth parent is deceased the court will require a copy of the death certificate. The social worker may want to interview extended members of the deceased's family.
Even if the birth parent does not have parental responsibility they will need to be contacted as they have rights being a birth parent of a child. Information about their life, family, health, education and employment are all important to record as well as their wishes and feelings about the proposed adoption.
It is the responsibility of the applicants to provide details of the whereabouts of the birth parent to the social worker and the court and would be expected to show they had made reasonable attempts to local a missing parent . Social workers can give advice and support on making contact with parents where contact has not been maintained. - Interviewing extended family
The social worker will also need to see the child's brothers and sisters and may wish to see other members of the family. Applicants will need to think about important people in the child's life, for example: aunts, uncles and grandparents who might be affected if an adoption order is made. - Contact arrangements
The social worker will need to consider any contact arrangements applicants have made for the child. - Checks, references and documentation
The local authority has a duty to carry out checks as to the applicant's suitability and will make contact with various agencies including police, probation, health and education. The child's school and other professionals may also be contacted.
Medical reports are required for both the applicants and the child in those situations other than Partners Adoptions i.e. when one of the neither of the applicants is the child's parent. Applicants will be expected to pay for the medical.
t he assessing social worker needs to understand the circumstances of any criminal convictions and how they might relate to the suitability of the applicants to adopt. This means that the social worker will wish to discuss the convictions/cautions of all members of the household including those that are spent with both applicants
Applicants are required to give names of two personal referees who will be asked to provide a written reference and who will be seen by the social worker. Only one of the referees can be a relative.
The social worker will need to see:- Child's birth certificate
- Marriage certificates/registered Civil Partnership certificates in respect of the applicants
- Documents relating to previous Marriage certificates/registered Civil Partnership
- Change of name by deed poll (if applicable)
- Documents relating to immigration status (if applicable)
Recommendation
The social worker will discuss with the applicants the recommendation they make in the report to the court.
Court
The court will consider the adoption application and will make the final decision about an adoption order or any other order. It will make the decision which the court believes is in the best
6. Where to Find Further Information
Books;
- Stepchildren and adoption (BAAF advice leaflet, 9th edition, 2007) Contains useful information for birth parents and step-parents on step-families, the advantages or not of adoption, the alternatives to adoption and obtaining further advice.
- Joining Together - Jo's Story by Sheila Byrne (BAAF, 1999) Part of the "My Story" series. This title is about a step-parent adoption.
- Step-families: Living successfully with other people's children by Suzie Hayman (Vermillion, 2001) Offers practical and positive strategies for coping with the emotional issues likely to concern a new combination of parents and children as well as coping with the ongoing presence of the ex.
- The Relate Guide to Second Families by Suzie Hayman, (Vermillion, 1999)
- Adopting a child, by Jennifer Lord (BAAF, 2006)
Websites;
| British Association of Adoption and Fostering |
| BAAF website |
| Direct Government |
A public information site |
| Adoption Information Line |
| Adoption Information Line website |
| Law Society |
You can search for solicitors who specialise in child care law. |
| Family Onwards |
Special sections on step-families, divorce and second weddings |
| Parentline Plus |
General help about being a family. |
| Adoption Application Information |
For information about making an adoption application to the courts |
2. Procedures
These are the procedures followed by Bradford Children's Social Care- Initial Contact
- Notifications
- Medical Information
- CRB and Other Checks
- Local Authority Duties to the Child
- Court Request for Report
- Parental Consent
- Child's Wishes and Feelings
- The Applicants
- Adoption Support
- Alternatives to Adoption
- Adoption Hearing
- After the Court Process
1. Initial Contact
Where residents of Bradford request advice by letter, telephone or in person in relation to a non-agency adoption, the matter should be referred to the Children's Initial Contact point who will then refer the request to the Assessment Team of the local Area Team where the child resides. In the event that first contact is made with the Adoption & Fostering Unit the matter will be referred directly to the Assessment Team of the local Area Team where the child resides.
The Children's Advisor ensures that there is sufficient information for the request to be met and the work will be allocated within the team. There will be a discussion with the prospective applicant either by telephone or an office interview where information and advice is offered on the adoption process and the implications of adoption, including the following:
- The age and residence requirements
- Alternatives to adoption
- The child's need to know that s/he is adopted and have information about the birth family
- The requirement for the consent of Parents with Parental Responsibility to be obtained
- The role of the Reporting Officer and Children's Guardian (terms defined in Keywords Appendix, use button at the top of the page to access)
- The need to notify the local authority of their intention to apply for an Adoption Order.
Potential applicants will be advised to:
- Look at the guidance section of this chapter which can be accessed over the internet
- Seek legal advice
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 Assessment Team of the local Area Team where the child resides. The Senior Care Manager will arrange for the notification to be acknowledged. The case if not already allocated, will be allocated to a Social Worker in the appropriate longer term team. The allocated Social Worker should meet the qualification and experience criteria set out in chapter Adoption Panel Procedure, Section 5
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
Medical reports are required for both the applicants and the child in those situations other than Partners Adoptions i.e. when one of the neither of the applicants is the child's parent.
If medical examinations are required,
Applicants - the allocated Social Worker will provide the applicants with the relevant BAAF medical forms for completion. The applicants will be give Form AH and will have a medical with their GP which they will usually be required to pay for. The completed Form AH will be sent by the Area team admin to the Agency Medical Advisor.
Child - The Area Team admin will contact the secretary of the Agency Medical Advisor who will arrange a medical examination for the child. The Hospital Trust will invite the carer of the child to bring the child to the medical. Medical information will be recorded on the Form IHA- C Initial Health Assessment - Child. It is the responsibility of the applicants to ensure the child is brought to the medical and that somebody with parental responsibility can give consent to the medical and for the examining doctor to access medical records. If neither applicant has parental responsibility they must ensure the consent of whoever has parental responsibility is recorded using is the BAAF Consent Form
Birth Parent and Neonatal information - 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.
The Agency Medical Advisor will record their comments in the summary section of both the adult and child documents and return the medical forms to the assessing social worker. These comments should then be included in the Court report.
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 provided for the prospective adopters to complete as soon as practicable after notification of an intention to adopt is received. Applicants will be advised that the social worker will wish to wish to discuss the convictions/cautions of all members of the household including those that are spent with both applicants- see Checks, References and Documentation Guidance.
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). Checks will be made with Probation, health trust & education. The child's school and other professionals may also be contacted when appropriate
The prospective adopters should also be asked for the names of two personal referees; only one of these referees can be related to the applicant. 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). Whilst undertaking this role the social worker is acting as a Reporting Officer on behalf of the court.
- Where the child is not living with a carer who has parental responsibility they fall within the definition of a Privately Fostered child and 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. Note - In the recent past children were accorded the status of "protected child" and the local authority were required to make supervisory visits when an adoption application was lodged with the court. The introduction of the Adoption and Children Act 2002 removed this status
- 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 in the role of Reporting Officer will be responsible for preparing the Report, and for this purpose should gather available information on the child and Parents - see sections below. The report uses the Annex A format and should be about 10 pages.
Once completed, the allocated Social Worker should send the Court Report to their senior care manager for approval prior to it being filed with the Court within the required timescale.
For the contents required for the Court Report see Court Reports Guidance.
7. Parental Consent
The adoptive applicants will have to indicate in their adoption application whether or not there is Parental Consent to the application. Where parental consent is given this should be in writing. The applicants may have already obtained written parental consent in which case the social worker will need to verify that the consent was freely given and that the parent fully understand the legal implication of giving consent. 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 parental consent is given but is not in writing the social worker in the role of Reporting Officer should as for written consent. There is no specified form for giving consent in these circumstances. A short note to the court from the parent giving consent will suffice. This should be dated and witnesses by the social worker.
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.
Finding a birth parent with parental responsibility or proving to the court that s/he cannot be found is the responsibility of the applicant not he Reporting Officer. If the Reporting Officer is concerned that the applicant has not made sufficient efforts to find this person the local authority should consider making their own investigations or assist the applicant.
Where social workers have concerns about either gaining access to parents or the capacity of parents to give consent they should give consideration to seeking legal advice as it may be necessary to refer the matter to the court through a directions hearing
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. (see guidance)
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. (see Section 1, Guidance)
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
Non-agency adoptive children, their parents and guardians are entitled to be assessed for Adoption Support that can include counselling, advice and information. If during the investigation phase of preparing the court report such needs are identified either, at the current time of possibly in the future, the assessing social should give appropriate advice and support. Specialist advice can be sought by social workers from the Adoption Support Team.
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. As they are acting as an officer of the court in their role as Reporting Officer and not as a party the courts they do not need legal representation.
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