5. Placement and reviews This part of the guidance explains the duties of an adoption agency where: ●
it places a child for adoption
●
reviews the child’s case
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consent is withdrawn
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a child enters the UK for adoption or enters the UK after having been adopted outside the British Islands in the previous six months. Placement by agency
2
Reviews and visits
5
Independent reviewing officers
9
Withdrawal of consent
10
Placement by agency in an intercountry case
11
Placement by relevant authority in the State of origin
11
Reviews and visits in an intercountry case
13
Adoption and Children Act 2002
Guidance: Chapter 5
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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.
FER –
means the Adoptions with a Foreign Element Regulations 2005. Specific regulation references appear as AAR 35.3, for example, which refers to Adoption Agencies Regulation 35, paragraph 3.
Acronyms and terms are set out in the Glossary. PLACEMENT BY AGENCY: AAR 35
2
1
AAR 35 applies where the agency decides in accordance with AAR 33 to place a child for adoption with a particular prospective adopter and has met with the prospective adopter to plan the proposed arrangements for the placement.
2
Matters that need to be considered at the placement planning meeting will include any arrangements for contact and adoption support services. A provisional draft of the adoption placement plan – as set out in Schedule 5 of the AAR – should form the basis for that meeting. The agency should arrange for the child’s social worker, the prospective adopter’s social worker, the child’s current carer and any relevant child specialists to attend the meeting with the prospective adopter. It may be helpful to involve the foster carer’s social worker, if appropriate.
3
AAR 35.2 requires the agency, as soon as possible after the placement planning meeting, to send the prospective adopter the adoption placement plan that should set out the matters specified in Schedule 5 of the AAR.
4
AAR 35.3 and 35.4 provide that the agency may place the child for adoption with the prospective adopter only where the prospective adopter notifies the agency that they wish the placement to proceed and: ●
the agency is authorised to place the child for adoption, with consent under section 19 of the Act or with a placement order under section 22 of the Act
●
or where the child is less than 6 weeks old, the agency has obtained a placement order or the parent or guardian has agreed in writing with the agency that the child may be placed for adoption. For this purpose, the agency should use the agreement form set out in Annex B.
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The agency should keep the child’s current carer informed of the placement arrangements and – having regard to the child’s age and understanding – inform the child in an appropriate manner.
6
Where the child is already living with the prospective adopter, such as a foster carer, the agency is required by AAR 35.5 to notify the prospective adopter in writing of the date on which the child’s placement with them becomes a placement for adoption.
7
Before the agency places the child, AAR 35.6 requires the agency to: ●
send to the prospective adopter’s general practitioner written notification of the proposed placement, together with a report of the child’s health history and current state of health
●
send written notification of the proposed placement to the local authority, if that authority is not the agency, and to the Primary Care Trust (England) or Local Health Board (Wales), for the area where the prospective adopter has their home
●
and where the child is of compulsory school age1, send to the local education authority – for the area where the prospective adopter has their home – written notification of the proposed placement, and information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under the Education Act 1996.
8
AAR 35.7 requires the agency to notify the prospective adopter in writing of any change to the adoption placement plan.
9
The agency is required by AAR 35.8 to place on the child’s case record:
1
●
where the child is less than 6 weeks old and for whom there is no placement order, a copy of the agreement referred to in AAR 35.4
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and a copy of the adoption placement plan and any changes to that plan.
See section 8 of the Education Act 1996 (c.56). The text of this Act is available from: www.opsi.gov.uk/acts.htm
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PLACEMENT AND REVIEW
Requirements imposed on the agency before the child may be placed for adoption AAR 35
Written notifications required to be given by the agency before the child is placed for adoption AAR 35.5 to 35.7
Frequency of reviews where child is placed for adoption AAR 36.2 to 36.3
Frequency of reviews until child is placed AAR 36.1
Frequency of visits to the child and prospective adopters AAR 36.4
Matters the agency must consider when carrying out a review AAR 36.5 to 36.7
Manner in which the review is to be conducted AAR 37.6 to 37.7
Notifications of the outcome of a review AAR 36.8
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Adoption and Children Act 2002
Guidance: Chapter 5
REVIEWS AND VISITS: AAR 36 10
11
The Review of Children’s Cases Regulations 1991 will apply where: ●
a looked after child is being considered for adoption
●
a child is accommodated by a VAA under section 59 of the 1989 Act
●
the agency decision maker has decided that the child should be placed for adoption but the agency does not yet have authority to place the child.
AAR 36 applies where the agency has authority to place the child for adoption and the: ●
child is yet to be placed
●
child has been placed
●
or the placement has disrupted.
12
The independent reviewing officer appointed by the agency must ensure that the review is conducted in accordance with AAR 36 and, as far as is reasonably practicable, attend and chair any meeting to review the child’s case. See AAR 37.
13
Where the child has yet to be placed for adoption, AAR 36.1 requires the agency to review the child’s case until the child is placed for adoption:
14
●
not more than 3 months after the date on which the agency first has authority to place
●
and not more than 6 months after the date of the previous review. This is the “6 months review” referred to in AAR 36.7.
Where the child is placed for adoption, AAR 36.3 and 36.4 require the agency to review and visit the child and the prospective adopter. AAR 36.3 stipulates that – unless the child is returned to the agency by the prospective adopter or an adoption order is made – the agency review the placement: ●
not more than 4 weeks after the date on which the child is placed for adoption
●
not more than 3 months after the first review
●
and not more than 6 months after the date of the previous review.
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16
A placement is most likely to disrupt during the first few weeks so AAR 36.4 requires the agency to: ●
ensure that the child and the prospective adopter are visited within one week of the placement and at least once a week until the first review. The frequency of following visits is then to be decided by the agency at the first and each subsequent placement review
●
ensure that written reports are made of these visits
●
and provide advice and assistance to the prospective adopter as the agency considers necessary.
Visits should be shared wherever possible between the child’s social worker and the prospective adopter’s social worker and there should be clarity from the outset about which social worker will conduct each visit. Both social workers should write reports of their visits and share these with the other social worker. ARR 3 sets out the qualifications and experience necessary for a person to prepare this report1.
17
Where the child is being placed outside the area of the placing agency and if the placing agency’s social worker cannot visit the placement, the placing agency should make arrangements with another agency to ensure a child and family social worker visits the placement.
18
As part of a visit, the visiting social worker should see the child without the prospective adopter being present, unless the child is of sufficient age and understanding and refuses to see the social worker alone.
19
When carrying out a review the agency is required by AAR 36.5 and 36.6 to consider certain matters and to ascertain views on those matters as the agency considers appropriate. AAR 36.5 stipulates that the agency ascertain the views, so far as is reasonably practicable, of:
1
6
●
the child, having regard to his or her age and understanding
●
the prospective adopter, if the child is placed for adoption
●
and any other person the agency considers relevant. This would include the child’s parent or guardian where the agency considers it appropriate. Other persons who may be relevant might be, for example, other children living in the prospective adopter’s home, anyone having contact with the child, the child’s health visitor, therapist or teacher.
See the guidance about ‘adoption reports’ in chapter 1.
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AAR 36.6 stipulates that the matters to be considered by the agency for the review are: ●
whether the agency remains satisfied that the child should be placed for adoption
●
the child’s needs, welfare and development, and whether any changes need to be made to meet the child’s needs or assist their development
●
the existing arrangements for contact, and whether they should continue or be altered
●
where the child is placed for adoption, the arrangements in relation to the exercise of parental responsibility for the child, and whether they should continue or be altered
●
the arrangements for the provision of adoption support services for the adoptive family and whether there should be any re-assessment of the need for those services
●
in consultation with the appropriate agencies, the arrangements for assessing and meeting the child’s health care and educational needs
●
subject to AAR 36.1 and 36.3, the frequency of the reviews. AAR 36.1 provides for the frequency of reviews where the child has yet to be placed for adoption. AAR 36.3 provides for the frequency of reviews where the child has been placed for adoption. The agency may conduct additional reviews where it considers it appropriate.
21
The agency should provide written information about how it intends to review a child’s case and this should be given to the prospective adopter, the child where the agency considers the child is of sufficient age and understanding, and to any other person the agency considers relevant, such as the child’s parent or guardian.
22
Where the child is subject to a placement order and has not been placed for adoption at the time of the first six month review, provided for by AAR 36.1, AAR 36.7 requires the local authority’s first six month review to:
23
●
establish why the child has not been placed for adoption and consider what further steps it should take to arrange for the child to be placed for adoption
●
and consider whether it remains satisfied that the child should be placed for adoption.
To ensure that the adoption panel is aware of such cases the agency should inform the panel where there has been a review under AAR 36.7.
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24
25
●
the child, where the agency considers he or she is of sufficient age and understanding
●
the prospective adopter
●
and any other person the agency considers relevant. This would include the child’s parent or guardian where the agency considers this appropriate.
AAR 36.9 requires the agency to record in writing and place on the child’s case record: ●
the information obtained during a review or visit, including the views expressed by the child
●
the minutes of any meeting arranged by the agency to consider any aspect of the review
●
and details of any decision made during or as a result of the review.
26
Where the placement disrupts and the child is returned to the agency in accordance with section 35(1) or (2) of the Act, AAR 36.10 requires the agency to review the child’s case no earlier than 28 days and no later than 42 days after the date on which the child is returned. Where a placement disrupts the agency should provide support and counselling for the child and the prospective adopter before formally reviewing the case within the specified period.
27
When carrying out this review the agency is also required by AAR 36.10 to consider:
28
8
Where any decision is taken by the agency as a result of a review, the agency is required by AAR 36.8 to notify, so far as is reasonably practicable:
●
whether the agency remains satisfied that the child should be placed for adoption
●
the child’s needs, welfare and development, and whether any changes need to be made to meet the child’s needs or assist their development
●
the existing arrangements for contact, and whether they should continue or be altered
●
in consultation with the appropriate agencies, the arrangements for assessing and meeting the child’s health care and educational needs.
The agency should also consider its own decisions and actions in the case.
Adoption and Children Act 2002
Guidance: Chapter 5
INDEPENDENT REVIEWING OFFICERS: AAR 37 29
Where an agency is a local authority or a VAA that provides accommodation for a child, AAR 37 requires it to appoint an independent reviewing officer for each child the agency is authorised to place for adoption.
30
AAR 37.2 and 37.3 stipulate that the independent reviewing officer must:
31
●
be registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland
●
in the opinion of the agency, have sufficient relevant social work experience to undertake the functions set out in section 26(2A) of the 1989 Act. These are to: ●
participate in the review of a case
●
monitor the performance of the authority’s functions in respect of the review
●
and refer the case to a CAFCASS officer, if the independent reviewing officer considers it appropriate.
AAR 37.4 prohibits an employee of the agency from being appointed as an independent reviewing officer for a child’s case if he or she is involved in managing the child’s case or is under the direct management of anyone: ●
involved in managing the child’s case
●
with management responsibilities for anyone involved in managing the child’s case
●
or anyone with control over the resources allocated to the child’s case.
32
The independent reviewing officer is required by AAR 37.5 to attend any meeting to review the child’s case, as far as is reasonably practicable, and to chair those meetings that he or she attends.
33
AAR 37.6 requires the independent reviewing officer to ensure, as far as is reasonably practicable, that the review is conducted in accordance with AAR 36 and in particular to ensure: ●
the child’s views are understood and taken into account
●
that anyone responsible for implementing any decision taken as a result of a review is identified
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●
34
35
and that any failure to review the case in accordance with AAR 36 or to take proper steps to make the arrangements agreed at the review is brought to the attention of senior managers within the agency.
If the child whose case is reviewed wishes to take proceedings on their own account, for example, to apply to the court for revocation of a placement order, AAR 37.7 requires the independent reviewing officer: ●
to help the child obtain legal advice
●
or establish whether an appropriate adult is able and willing to provide legal advice or bring the proceedings on the child’s behalf.
The agency is required by AAR 37.8 to inform the independent reviewing officer of: ●
any significant failure to make the arrangements agreed at a review
●
and any significant change in the child’s circumstances after a review.
WITHDRAWAL OF CONSENT: AAR 38 36
The Act allows the child’s parent or guardian to withdraw their consent to the child’s placement for adoption at any time up to the point where the prospective adopters apply for an adoption order. Where consent given under section 19 or 20 of the Act is withdrawn in accordance with section 52(8) of the Act1, AAR 38 applies.
37
Where the agency is a local authority, on receiving the form or notice of withdrawal of consent the authority is required by AAR 38.2 to immediately review its decision to place the child for adoption. The authority may decide to apply for a placement order, in accordance with section 22(1) to (3) of the Act. In considering such a decision, the authority should obtain legal advice as to whether the conditions set out in section 31(2) of the 1989 Act (conditions for making a care order) are likely to be satisfied. Where the authority decides to apply for a placement order, it is also required by AAR 38.2 to notify as soon as possible:
1
10
●
the parent or guardian of the child
●
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, the child’s father
●
and if the child is placed for adoption, the prospective adopter.
Section 19(1) provides that the agency is authorised to place a child for adoption where the agency is satisfied that each parent or guardian has consented to the child being placed for adoption, either with identified adopters or with adopters chosen by the agency. Section 20 (2) provides that, where a parent or guardian has given a section 19 consent, they may also give advanced consent to the child’s adoption by identified adopters or by adopters chosen by the agency. Section 52(8) provides that consent may be withdrawn either in a prescribed form, or by notice given to the agency. See Annex A.
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An application for a placement order has the effect of prohibiting the child’s removal until such time as a court has decided whether to make the placement order1.
39
Where the agency is a VAA, the agency is required by AAR 38.3 to immediately consider whether it is appropriate to inform the local authority for the area in which the child lives. The local authority may then take whatever action it considers necessary under the 1989 Act, such as applying for an Emergency Protection Order under section 44.
PLACEMENT BY AGENCY IN AN INTERCOUNTRY CASE: FER 47 40
In an intercountry adoption under the Convention, before the agency places the child, FER 47 requires that: ●
●
41
the relevant authority in the receiving State has confirmed that: ●
the prospective adopter has agreed to adopt the child
●
the prospective adopter has received such counselling as may be necessary
●
the prospective adopter understands the need to obtain an order under section 84 (see Annex A for more information) or a Convention adoption order
●
the child is or will be authorised to enter and reside permanently in the receiving State
an agreement under Article 17(c) has been made by the relevant authority in England and the relevant authority in the receiving State.
In a non-Convention case, the prospective adopter will need to confirm that he or she will accompany the child upon leaving the UK. In the case of a couple, both of them must accompany the child unless the agency agrees that it is only necessary for one of them to do so.
PLACEMENT BY RELEVANT AUTHORITY IN THE STATE OF ORIGIN: FER 4.3 AND 21.c 42
1
In an intercountry case, where the prospective adopter has visited the child in the State of origin, decides to accept a proposed match and to proceed with placement, the prospective adopter must notify the agency in writing of their decision. The prospective adopter may then proceed to adopt the child under the laws of the child’s State of origin or simply have the child placed with them. In some countries, an order may be made to grant them parental responsibility. See Annex C for information about the various routes to placement and bringing the child back to the UK.
Annex A provides details of the Act’s restrictions on the removal of a child placed for adoption.
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43
FER 4.3 and 21.c stipulate that the prospective adopter is to accompany the child on entry into the UK. In the case of a couple, they must both accompany the child unless the agency and the relevant authority in the State of origin agree that it is only necessary for one of them to do so. The agency should remind the prospective adopters that failure to do so may prevent a Convention adoption going ahead and is an offence under section 83 of the Act in non-Convention cases.
44
Where the child was placed with the prospective adopter without any of the following: ●
a Convention adoption certified under Article 21
●
an interim adoption that will become a Convention adoption certified under Article 21
●
an overseas adoption under section 87 of the Act
●
or an interim adoption that will become an overseas adoption under section 87 of the Act.
FER 4.4 and 24.1 require that the prospective adopter must contact the relevant local authority within 14 days of the child entering the UK and notify the authority of:
45
●
the child’s arrival in the UK
●
and their intention: to apply for an adoption order in accordance with section 44(2) of the Act
●
or not to give the child a home.
For the purposes of FER 4 and 24, the relevant local authority is: ●
the local authority in whose area the prospective adopter has their home
●
or if the prospective adopter does not currently have a home in England or Wales (for example, a member of the British armed forces serving abroad), the local authority in whose area they last had their home.
46
Prospective adopters should be made aware that they commit an offence if they fail to give notice within 14 days. If convicted, the maximum penalty is 12 months imprisonment and an unlimited fine.
47
Where notice of intention to adopt has been given to the local authority, FER 5 requires that authority to: ●
12
●
set up a case record in respect of the child, unless it has already done so, in accordance with AAR 39 to 44
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●
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place on it any information received from: ●
the relevant authority in the State of origin
●
the agency that assessed the prospective adopter, if this was not the local authority
●
the prospective adopter
●
the Entry Clearance Officer
●
and the DfES.
send written notification of the child’s arrival into England to the following: ●
the prospective adopter’s general practitioner, including a written report of the child’s health history and current state of health, so far as is known
●
the Primary Care Trust (England) or Local Health Board (Wales) for the area where the prospective adopter has their home
●
and where the child is of compulsory school age, the local education authority for the area where the prospective adopter has their home, including information, if known, about the child’s educational history and whether he or she has been or is likely to be assessed for special educational needs under the Education Act 1996.
The authority is not required to send written notification for an adoption in accordance with the Convention if the agency has already sent the relevant notifications required by FER 22.
REVIEWS AND VISITS IN AN INTERCOUNTRY CASE 49
Where the local authority has received notice of intention to adopt in an intercountry case, they are required to visit the child and prospective adopter and review the placement to monitor and determine whether the child’s needs are being met. The visits and reviews also provide an opportunity for the prospective adopter to receive further advice and information on caring for the child. As the child has not been placed for adoption by an agency, the local authority will not be able to consider whether the child should remain with the prospective adopters unless there are child protection concerns.
50
A placement is most likely to disrupt during the first few weeks so FER 5 requires the authority to: ●
ensure that the child and the prospective adopter are visited within one week of the placement and at least once a week until the first review. The frequency of following visits is then to be decided by the authority at each subsequent review
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51
52
53
14
●
ensure that written reports are made of these visits and placed on the child’s case record
●
and, where appropriate, provide advice as to the child’s needs, welfare and development and the availability of adoption support services.
FER 5.1.f stipulates that – unless the child no longer has his home with the prospective adopter or an adoption order is made – the local authority must: ●
review the placement not more than 4 weeks after the date of receipt of the notice of intention to adopt
●
visit, and if necessary review, the placement not more than 3 months after the first review
●
and visit, and if necessary review, the placement not more than 6 months after the date of the previous review.
The purpose of the review is to enable the local authority to consider whether the child’s needs are being met and, if not, what advice and assistance may be provided. When carrying out a review, FER 5.1.g stipulates that the authority must consider: ●
the child’s needs, welfare and development, and whether any changes need to be made to meet the child’s needs or assist his or her development
●
the arrangements for the provision of adoption support services and whether there should be any re-assessment of the need for those services
●
and the need for further visits and reviews.
If the local authority (the original authority) is notified by the prospective adopter that he or she has or intends to move into the area of another local authority, FER 5.5 stipulates that the original authority must notify the new local authority within 14 days of the prospective adopter’s notification and at the same time provide the following information: ●
the name, sex, date and place of birth of the child
●
the prospective adopter’s name, sex and date of birth
●
the date upon which the child entered the UK
●
where the original authority has received notification of intention to adopt, the date of receipt of that notification, whether an application for an adoption order has been made and the stage of any proceedings
●
and any other relevant information.
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55
56
57
In order to obtain an adoption order, the prospective adopter will need to apply to adopt the child in a UK court. Under section 42 of the Act, as modified by FER 9, the child must have had his or her home with the prospective adopter for at least: ●
where the FER have been complied with, 6 months
●
or, if the prospective adopter has failed to comply with the FER, 12 months.
If, two years after receipt by a local authority of notice of intention to adopt, the prospective adopter has failed to make an application for an adoption order under section 50 or 51 of the Act, the local authority is required by FER 5.3 to review the case. The review must consider: ●
the child’s needs, welfare and development, and whether any changes need to be made to meet the child’s needs or assist his or her development
●
the arrangements, if any, in relation to the exercise of parental responsibility for the child
●
the terms upon which leave to enter the UK is granted and the immigration status of the child
●
the arrangements for the provision of adoption support services for the adoptive family and whether there should be any reassessment of the need for those services
●
and, in conjunction with the appropriate agencies, the arrangements for meeting the child’s health care and educational needs.
When carrying out such a review, the local authority should also consider: ●
the reasons why the prospective adopter has not made an application for an adoption order
●
and the options for the child’s future permanence.
It is highly undesirable for the child to remain indefinitely without permanent legal status and the authority should discuss with the prospective adopter a plan for securing an appropriate permanent legal status for the child. The plan should also set out the action required to secure the child’s immigration status until such a time as permanence is secured.
Interim adoptions 58
Where an interim adoption has been made that will become a Convention adoption or an overseas adoption in the child’s State of origin, the adopter must notify the local authority that the child is staying in their home as soon as possible after their arrival in
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the UK. The local authority should treat the child as a privately fostered child under sections 66 and 67 of the 1989 Act and carry out regular welfare visits until the full adoption has been made. 59
The adopter may be required to provide update reports to the relevant authority in the child’s State of origin prior to a full adoption being made and the relevant authority should specify how the reports are to be submitted to it. When the interim adoption becomes a full Convention adoption or overseas adoption, no further action is necessary as the adoption is automatically recognised under UK law. In a Convention case, the relevant authority in the State of origin will issue a certificate confirming that the adoption is a Convention adoption. A copy of this certificate will be provided to the agency and the adopters.
Prospective adopters do not want to proceed with the adoption 60
16
Where the prospective adopter gives notice to the local authority of their intention not to give the child a home, the local authority should then contact the DfES so that the relevant authority in the child’s State of origin can be informed. In these circumstances, the local authority must consider the child as a child in need as defined in the 1989 Act and make such alternative arrangements for the care and welfare of the child as it considers appropriate. It may be that, with help and support, the adopters will feel that they can resume the care of the child.
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