4. Matching and proposing a placement This part of the guidance explains the duties of an adoption agency where it proposes to place a child with the prospective adopter. Where it is an intercountry case, the agency should follow the main part of this chapter and the relevant section. Proposing a placement
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The adoption panel
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Agency decision
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Proposing a placement where the prospective adopter is resident outside the British Islands
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Intercountry case where the UK is the receiving State
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In this chapter: AAR –
means the Adoption Agencies Regulations 2005.
ARR –
means the Restriction on the Preparation of Adoption Reports Regulations 2005.
ASR –
means the Adoption Support Services Regulations 2005.
FER –
means the Adoptions with a Foreign Element Regulations 2005. Specific regulation references appear as AAR 31.2, for example, which refers to Adoption Agencies Regulation 31, paragraph 2.
Acronyms and terms are set out in the Glossary.
Adoption and Children Act 2002
Guidance: Chapter 4
1
Timescales 1
The timescales should generally be adhered to during this part of the adoption process, unless the agency considers that in a particular case complying with a timescale would not be in the child’s interests – the paramount consideration must always be the welfare of the child. Where the agency is unable to comply with a timescale or decides not to, it should record the reasons on the child’s case record.
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The following timescales apply where the agency proposes to place a child with the prospective adopter, whether the prospective adopter is resident in the UK or abroad: ●
a proposed placement with a suitable prospective adopter should be identified and approved by the panel within six months of the agency deciding that the child should be placed for adoption
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where a parent has requested that a child aged under 6 months be placed for adoption, a proposed placement with a suitable prospective adopter should be identified and approved by the panel within three months of the agency deciding that the child should be placed for adoption
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the agency’s decision on whether to approve a proposed placement with a suitable prospective adopter should be taken within seven working days of the adoption panel’s recommendation
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the following people should be informed orally of the agency’s decision within two working days and written confirmation should be sent to them within five working days:
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if their whereabouts are known, the child’s parent or guardian
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the prospective adopter
The following timescale applies in an intercountry case where the UK is the receiving State and the relevant authority in the State of origin has matched the prospective adopter with a child: ●
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the agency should meet the prospective adopter to discuss the information on the child within ten working days of receiving the match proposed by the relevant authority in the State of origin.
The agency should monitor its performance against these timescales and make this information available in its annual report.
Adoption and Children Act 2002
Guidance: Chapter 4
PROPOSING A PLACEMENT: AAR 31 5
Where the agency is considering the placement of a child for adoption it may identify a number of possible prospective adopters. It needs to compare their potential to provide a stable and permanent family for the child, based on the child’s permanence report, the prospective adopter’s report and other information it has collected and assessed.
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The agency is responsible for considering and comparing alternative prospective adopters for a particular child. In its report to the panel on the proposed placement, the agency should only propose either one couple as prospective adopters or a single person as a prospective adopter.
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Where the agency has matched a child with the prospective adopter and is considering placing the child for adoption with them, AAR 31 requires that the agency: ●
provide the prospective adopter with a copy of the child’s permanence report and any other information the agency considers relevant. Other information could include reports or summaries of reports on the child’s health, education or special needs. Photographs and a video film of the child may also be helpful to the prospective adopter. The agency should ensure that the prospective adopter confirms in writing that they will keep this information confidential and that they will return it to the agency if the agency requests it
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meet the prospective adopter to discuss the proposed placement
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ascertain the views of the prospective adopter about:
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the proposed placement
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and the arrangements the agency proposes to make for allowing any person contact with the child
and provide a counselling service for, and any further information to, the prospective adopter that may be required.
Prospective adopters should have received a general explanation of placement procedures as part of their initial preparation for assessment but the agency should now remind them of its placement planning procedures. The agency should ask whether the prospective adopter would be willing to meet later with the child’s parents, if this is considered to be appropriate. Where it is an interagency placement that is being considered, the prospective adopters’ agency should explain the introduction and placement procedures used by the child’s agency.
Adoption and Children Act 2002
Guidance: Chapter 4
3
9
Where the agency considers that the proposed placement should proceed, AAR 31.2 requires that: ●
where it is a local authority, it carry out an assessment of the needs of the ‘adoptive family’ – the child and the prospective adopter, and any other children of the prospective adopter – for adoption support services in accordance with the ASR
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where it is a VAA, it notify the prospective adopter that they may ask their local authority to carry out an assessment of their needs for adoption support services1. The VAA should provide the prospective adopter with written information about applying for adoption support services. Where the local authority in whose area the prospective adopter has their home asks the VAA for a copy of the child’s permanence report and a copy of the prospective adopter’s report, AAR 31.2 requires the VAA to pass these reports to the local authority. This information will inform the local authority’s adoption support assessment and it will have a duty to protect the confidentiality of such information. See chapter 6
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it consider the arrangements for allowing any person contact with the child. The agency should have regard to its duties in respect of contact as set out in the guidance for AAR 46
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it prepare a written report – “the adoption placement report”. ARR 3 sets out the qualifications and experience necessary for a person to prepare this report2. The adoption placement report is to include: ●
the agency’s reasons for proposing the placement
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the views of the prospective adopter about: – the proposed placement – and the arrangements the agency proposes to make for allowing any person contact with the child
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where the agency is a local authority, their proposals for the provision of adoption support services for the adoptive family. Where the agency is a VAA, it is recommended that it seek to ascertain any proposals the relevant local authority may have for the provision of adoption support services for the adoptive family and to include details in the report
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the arrangements the agency proposes to make for allowing any person contact with the child
1
Under section 4(1) of the Act.
2
See the guidance about ‘adoption reports’ in chapter 1.
Adoption and Children Act 2002
Guidance: Chapter 4
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and any other information the agency considers relevant. This might, for example, include the views of the child about the proposed placement if they already know the prospective adopter.
10
AAR 31.3 requires the agency to notify the prospective adopter that the proposed placement is to be referred to the adoption panel and to give them a copy of the adoption placement report. At the same time, the agency should invite the prospective adopter to send it their views on the report in writing within 10 working days, starting with the date on which the notification is sent.
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At the end of the 10 working days, or earlier if the agency receives the prospective adopter’s views sooner, the agency is required by AAR 31.4 to send to the adoption panel the:
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adoption placement report and the prospective adopter’s views on that report
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child’s permanence report
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prospective adopter’s report.
Where the adoption panel requests other relevant information, AAR 31.5 requires the agency to obtain it, so far as is reasonably practicable, and send it to the panel.
Adoption and Children Act 2002
Guidance: Chapter 4
5
MATCHING AND PROPOSING A PLACEMENT
Agency identifies a match and provides prospective adopter with the child’s permanence report AAR 31.1
Agency to meet with the prospective adopter, discuss proposed placement, ascertain their views and provide them with a counselling service AAR 31.1
Where agency considers proposed placement should proceed, it is to carry out adoption support assessment, consider contact arrangements and prepare adoption placement report AAR 31.2
Agency notifies prospective adopter that proposed placement is to be referred to adoption panel, provides them with a copy of the adoption placement report and invites them to comment on it AAR 31.3
Agency refers proposed placement to the adoption panel and provides it with the adoption placement report and the prospective adopter’s comments on the report, together with the child’s permanence report and the prospective adopter’s report AAR 31.4
Continued on next page
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Adoption and Children Act 2002
Guidance: Chapter 4
PANEL RECOMMENDATIONS AND AGENCY DECISION ON PROPOSED PLACEMENT
The adoption panel must consider the proposed placement and make a recommendation as to whether the child should be placed for adoption with that particular prospective adopter
Panel must have regard to section 1 of the Act and consider and take into account all information and reports passed to it in accordance with AAR 31 AAR 32.2
AAR 32.1
Panel may obtain legal advice as it considers necessary in relation to the case AAR 32.2
Panel may request the agency to obtain any other relevant information which the panel considers necessary AAR 32.2
Panel must consider and, where panel recommends that the child should be placed with the particular prospective adopters, may give advice about the following: ● The local authority’s proposals for the provision of adoption support services for the adoptive family ● The arrangements the agency proposes to make for allowing any person contact with the child ● Whether the parental responsibility of any parent or guardian or the prospective adopter should be restricted and if so the extent of any such restriction AAR 32.3
The agency must take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption with the prospective adopter AAR 33.1
No member of the adoption panel shall take part in any decision about whether the child should be placed for adoption with the particular prospective adopter AAR 33.2
As soon as possible after making its decision, the agency must notify in writing the prospective adopter and the parent or guardian AAR 33.3
Adoption and Children Act 2002
Guidance: Chapter 4
7
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Where an agency (“agency A”) intends to refer a proposed placement to its adoption panel and another agency (“agency B”) made the decision1: ●
that the child should be placed for adoption
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or that the prospective adopter is suitable to be an adoptive parent.
AAR 31.7 requires that agency A may only refer the proposed placement to its panel if it has consulted agency B about the proposed placement. Agency A is also required by AAR 31.8: ●
to open a child’s case record where agency B made the decision that the child should be placed for adoption, and place on that record the information and documents received from agency B
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or to open a prospective adopter’s case record where agency B made the decision that the prospective adopter is suitable to be an adoptive parent, and place on that record the information and documents received from agency B.
THE ADOPTION PANEL: AAR 32 15
The adoption panel is required by AAR 32 to consider the proposed placement referred to it by the agency and to make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.
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AAR 32.2 requires that in considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4), and (5) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and:
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must consider and take into account all information and the reports passed to it in accordance with AAR 31
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may request the agency to obtain any other relevant information which the panel considers necessary
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may obtain legal advice as it considers necessary in relation to the case.
The panel is required by AAR 32.3 to consider: ●
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where the agency is a local authority, the authority’s proposals for the provision of adoption support services for the adoptive family
In accordance with the AAR.
Adoption and Children Act 2002
Guidance: Chapter 4
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the arrangements the agency proposes to make for allowing any person contact with the child
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and whether the parental responsibility of any parent or guardian or the prospective adopter should be restricted and, if so, the extent of the restriction. Chapter 7 provides additional guidance for adoption panels and agencies on the exercise and restriction of parental responsibility.
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Where the agency is a VAA and it has been able to ascertain any proposals the relevant local authority may have for the provision of adoption support services for the adoptive family, these should be considered by the VAA’s panel.
19
Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption with the particular prospective adopter, AAR 32.4 provides that the panel may at the same time give advice to the agency about the matters set out under AAR 32.3 – adoption support services, contact arrangements and exercise of parental responsibility.
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AAR 32.5 stipulates that the panel may only make the recommendation:
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if it is made at the same meeting of the panel at which a recommendation has been made that the child should be placed for adoption
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or the agency, or another agency, has already made a decision in accordance with AAR 19 that the child should be placed for adoption.
And that: ●
it is made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to adopt a child
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or the agency, or another agency, has made a decision in accordance with AAR 27 that the prospective adopter is suitable to adopt a child.
AGENCY DECISION: AAR 33 22
The agency is required by AAR 33 to take into account the recommendation of the adoption panel in deciding whether the child should be placed for adoption with the particular prospective adopter. Where the panel has provided the agency with advice, the decision maker may express a view on such advice.
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Before reaching a decision on the panel’s recommendation and a view on the panel’s advice, the agency decision maker should consider the minutes of the panel meeting and the reports submitted to the panel that considered the proposed placement. In reading the minutes of the meeting, he or she should have particular regard to the
Adoption and Children Act 2002
Guidance: Chapter 4
9
panel’s reasons for making the recommendation and any particular concerns that are recorded in the minutes. 24
The agency decision maker’s decision, the reasons for that decision and any view the decision maker provides on the panel’s advice should be recorded on the child’s case record and on the prospective adopter’s case record, as required by AAR 12 and 22. Where the decision maker is minded not to accept the adoption panel’s recommendation, he or she should discuss this with another senior person in the agency who is not a member of the panel. The outcome of that discussion should also be recorded on the child’s case record and the prospective adopter’s case record.
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AAR 33.2 prohibits any member of the panel from taking part in the agency’s decision. It is essential that the fundamental decision about whether a child should be placed for adoption with a particular prospective adopter is objective and impartial, and should be taken by the agency decision maker, a senior person in the agency who is not a member of the panel that submitted the recommendation.
26
As soon as possible after making its decision, the agency is required by AAR 33.3: ●
to notify in writing the prospective adopter of its decision
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where the agency decides that the child is to be placed for adoption, to notify in writing the parent or guardian of this decision, if their whereabouts are known to the agency. Where the father of the child does not have parental responsibility for the child and his identity and whereabouts are known to the agency – and the agency considers it appropriate – it is also required to notify him in writing of its decision.
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Where the agency decides that the child’s placement should proceed, AAR 33.4 stipulates that the agency must – in an appropriate manner and having regard to the child’s age and understanding – explain its decision to the child.
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With the decision made on the child’s placement with a particular prospective adopter, information about the prospective adopter should now be placed with the information about the child on the child’s case record. AAR 33.5 requires the agency to place on the child’s case record: ●
the prospective adopter’s report
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the adoption placement report and the prospective adopter’s views on that report
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the minutes of the panel’s meeting held under AAR 32, its recommendation, the reasons for its recommendation and any advice given by the panel to the agency
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and the record and notification of the agency’s decision made under AAR 33.
Adoption and Children Act 2002
Guidance: Chapter 4
PROPOSING A PLACEMENT WHERE THE PROSPECTIVE ADOPTER IS RESIDENT OUTSIDE THE BRITISH ISLANDS 29
This part of the guidance explains the duties of an adoption agency in an intercountry case where it proposes to place a child with a prospective adopter who is resident outside the British Islands under the Convention. For non-Convention cases, this part sets out additional guidance for the agency to follow. The preceding guidance in this chapter applies together with the guidance that follows below.
30
The AAR apply to non-Convention cases. In a Convention case, the FER apply in conjunction with the AAR in relation to the following: ●
Proposing a placement (FER 42, 43 and AAR 31)
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The adoption panel (FER 44 and AAR 32)
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Agency decision (FER 45, 46 and AAR 33)
PROPOSING A PLACEMENT: FER 42 AND 43 31
Where the agency considers the child’s placement should be for an adoption outside the British Islands under the Convention, it should notify the DfES, which will include the child’s details on the Convention list. Where the DfES receives an Article 15 report on a prospective adopter and is satisfied that the eligibility and suitability requirements are met, it will send the report to the agency that referred the child. Guidance on the information that the agency should send to the DfES is set out in Annex C.
32
Where the agency proposes that the child’s placement should be for an adoption outside the British Islands under the Convention, the agency is also required by FER 43.2 to send to the adoption panel the:
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the agency’s reasons for proposing the placement and any other information the agency considers relevant
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child’s permanence report
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the Article 15 report.
In a non-Convention case, the agency should send details of the proposed placement and its reasons for proposing the placement to the panel.
THE ADOPTION PANEL: FER 44 34
Where the agency is proposing that the child’s placement should be for an adoption outside the British Islands under the Convention, the adoption panel is also required by
Adoption and Children Act 2002
Guidance: Chapter 4
11
FER 44 to take into account the Article 15 report on the prospective adopter and any other information passed to it under FER Part 3, Chapter 2. AGENCY DECISION: AAR 33, FER 45 AND 46 35
Where the agency decides that the child’s placement should be for an adoption outside the British Islands under the Convention, it is: ●
required by FER 45 to notify the DfES of its decision and, in an appropriate manner, explain its decision to the child
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required by FER 46 to prepare an Article 16(1)1 report on the child and to send this report to the DfES, together with details of any placement order or other orders and confirmation that the child’s parent or guardian consents to the proposed adoption. The Article 16(1) report is to include the information about the child specified in AAR Schedule 1 and the agency’s reasons for its decision.
36
The DfES will send the agency’s documents to the Central Authority in the receiving State. The agency may only proceed with a placement for an adoption under the Convention if it receives written notification that an agreement under Article 17(c) of the Convention has been made. Annex C provides further information about Article 17 (c) agreements. Failure to comply with the Convention may mean that the prospective adopter is unable to obtain a Convention adoption.
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If the agency decides that the proposed placement outside the British Islands is not to proceed, FER 45 requires it to return the Article 15 report to the DfES, together with any other information it provided.
38
In a non-Convention case, where the agency decides that the child should be placed for adoption outside of the British Islands, it may now make arrangements for placing the child in accordance with the AAR.
INTERCOUNTRY CASE WHERE THE UK IS THE RECEIVING STATE: FER 19 AND AAR 34 39
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In an intercountry case where the UK is the receiving State, the child and the prospective adopter will be matched by the relevant authority in the child’s State of origin. Details of the proposed match may be sent to the DfES, in which case they will be forwarded to the agency and the prospective adopter. However, in some nonConvention cases the prospective adopter will receive details of the proposed match directly and, if so, the prospective adopter is required to forward a copy to the agency and meet with them to discuss the match.
Article 16(1) of the Convention
Adoption and Children Act 2002
Guidance: Chapter 4
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41
42
The agency should remind the prospective adopter that failure to forward details of the proposed match is an offence under section 83 of the Act. When the agency receives information about such a case, it is required by FER 19 and AAR 34: ●
to send a copy of the information about the child to the prospective adopter unless it is aware that the prospective adopter has received this information
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to consider that information and meet with the prospective adopter to discuss it
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and if appropriate, provide a counselling service and any further information to the prospective adopter as may be required.
The agency should aim to meet the prospective adopter to discuss the proposed match within 10 working days of receiving the information, where this is reasonably practicable. The prospective adopter should be given time and reasonable assistance to consider the information. The agency should: ●
explain the need for the prospective adopter to carefully consider the child’s needs and background and their capacity to meet those needs
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provide the prospective adopter with written information about requesting an assessment of their needs for adoption support services. Where the agency is a VAA, it should notify the prospective adopter that they may ask their local authority to carry out an adoption support assessment
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provide the prospective adopter with its medical adviser’s view of the health needs of the child.
As the agency counsels the prospective adopter, it should explain that: ●
although the child may be described as being healthy and developing well, neither the agency nor the DfES are able to verify the veracity of any health information provided
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the child’s parents may provide little or no background or medical information about the child or themselves
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uncertainty about the child’s background, health and development means that the child may have or develop unrecognised health and behavioural problems. While some children may respond well to therapy or treatment, other children may need long term care and support in the prospective adopter’s home
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the prospective adopter should not feel obliged to make a swift decision, particularly if they have significant doubts or concerns about their capacity to meet the child’s needs
Adoption and Children Act 2002
Guidance: Chapter 4
13
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where the prospective adopter decides not to proceed with the proposed match, the prospective adopter may ask the relevant authority in the State of origin to match them with another child. Generally the prospective adopter will be expected to provide reasons in writing for not accepting the original match. In most cases the relevant authority in the State of origin will try to match the prospective adopter with another child
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where the prospective adopter decides to proceed with the proposed match, they will need to make arrangements to visit the child in the State of origin. In the case of a couple adopting jointly both of them must visit the child. If the prospective adopter has visited the child and decides to proceed, they will need to notify the agency in writing, including any additional reports provided on the child and their expected date of return to the UK. The agency should remind the prospective adopter that failure to visit the child or to provide written notification may prevent a Convention adoption from going ahead and is an offence under section 83 of the Act in non-Convention cases.
43
In Convention cases, where the agency receives written confirmation that the prospective adopter wishes to proceed, FER 19 requires the agency to inform the relevant Central Authority in England whether or not the agency is content for the adoption to proceed. Without confirmation that the agency is content, the relevant Central Authority in England will not be able to complete the necessary formalities for the adoption to go ahead. See Annex C for further information on the process under the Convention and agreements under Article 17(c).
44
If, at any stage before an agreement is made under Article 17(c), the agency determines the prospective adopter is no longer suitable or the prospective adopter decides not to proceed, FER 20 requires the agency to inform the relevant authority in England and to arrange for the return of the relevant documents.
45
14
Where the agency is notified by the relevant authority in England that an agreement under Article 17(c) has been made, FER 22 requires it to send written notification of the proposed placement to: ●
the prospective adopter’s GP, along with a report on the child’s health history and current state of health, so far as it is known
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the local authority (if not the agency) and the PCT in whose area the prospective adopter lives
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the local education authority, along with any information about the child’s educational history and whether he is likely to be assessed for special educational needs under the Education Act 1996.
Adoption and Children Act 2002
Guidance: Chapter 4