Placement for Adoption

Requirements of the child's social worker:

• The social worker must open an Adoption Case Record for the child once adoption has been identified as the permanence plan for the child at his or her Looked After Review or, where a child has been relinquished for adoption, as soon as the parent's request for adoption has been made. Where the plan relates to a group of siblings, there must be a separate Adoption Case Record for each child;
• If not already obtained, the child's social worker should obtain 2 certified copies of the full birth certificate. These will be required for future Court applications and for the prospective adopters;
• The social worker should give both birth parents written information on adoption and ask them to sign confirmation of receipt, a copy of which should be kept on the child's Adoption Case Record and a further copy should be handed to the parents;
• If either or both of the birth parents refuse to accept or do not receive the information, this should be recorded, with reasons, on the child's case record and Adoption Case Record. Where the parents' address is known, the child's social worker should personally deliver or arrange for delivery by hand of a copy of the information to the address and record this on the Adoption Case Record. See also Section 4, Counselling and Support for Parents;
• If not already obtained, the allocated social worker must seek the birth parents' consent to the disclosure of information on their medical history to facilitate the Adoption Medical for the child - for detailed procedures, see Section 5, Child's Adoption Medical;
• The social worker must discuss with the parents their views on the adoption plan, and arrange the necessary counselling and support for both of the birth parents and any other significant relatives - see Section 4, Counselling and Support for Parents. If either or both of the parents decline or refuse counselling and/or support, then this should be recorded, including the reasons, in the child's electronic record and Adoption Case Record;
• If one or both of the birth parents cannot be found, the child's social worker must make extensive enquiries as to their whereabouts. The social worker should write to the parent's last known address and contact the Department of Works and Pensions and other agencies (including the Council Tax Register, the Passport Office and the housing authority) as appropriate. Consideration should also be given to the need to place advertisements in the local and national press and legal advice should be sought as to any additional steps that should be taken;
• The social worker must contact the child's health visitor or school health for current information in relation to the child's health and development;
• The social worker must contact the child's school or the relevant local education service for current information in relation to the child's educational needs;
• The social worker must ask the child's carer to complete a report on the child. (This will be required for the Child's Permanence Report);
• The social worker must work in partnership with Adopt London South and ensure that the adoption plan addresses the issue of post-placement and post-adoption contact. This will include a possible meeting between the parents and the adopters, and whether there may be ongoing direct contact or indirect contact via a letterbox system that will be facilitated by Adopt London South - see Section 6, Post-placement Contact;
• If the child has siblings, the plan must analyse the relationship between each child in the sibling group and, if the decision is to place siblings separately, address the issue of post-placement and post-adoption contact between them;
• The social worker must also carry out an assessment of the likely needs for adoption support services in partnership with Adopt London South in relation to the child (including the likely need for financial support), the birth parents and any other person with a significant relationship to the child. For the detailed procedures, see Adoption Support Procedure.

Using all the information obtained in relation to the above, the social worker must prepare the Child's Permanence Report. The Child's Permanence Report (CPR) must be written by the social worker who knows the child best, who must also be a qualified social worker with suitable experience. The following areas must be included or addressed in the CPR:

• Profile of the child, based on a report from the child's current carer as well as other information about the child's personality, nationality, racial origin, religious persuasion, legal status and relationship with his/her birth family;
• A summary, written by the agency's medical adviser, of the state of the child's health, health history and any need for health care which might arise in the future;
• The child's wishes in relation to the adoption plan and his or her preferred method of communication;
• A chronology of the child's life since birth;
• The preparation work, undertaken and planned, with the child and the views of the child in relation to the adoption plan and future contact with his or her birth family;
• The views of the Children's Guardian (where possible);
• The views of the birth family and significant others in relation to the adoption plan and contact and their opportunity to receive and comment on the report before the report is presented to Adopt London South’s Adoption panel;
• A report of the child's educational history and current needs, including the Personal Education Plan (PEP);
• Any other relevant specialist reports on the child;
• An assessment of the child's emotional and behavioural development;
• An assessment of the child's needs for post-placement and post-adoption contact, including with siblings, and the child's and birth relatives' needs for adoption support services;
• A Chronology of the decisions and actions taken by the agency with respect to the child;
• An analysis of the options for the child's future care and the alternatives to adoption considered. This must be a balanced view and where experts' assessments are available, their contents and recommendations - even if not supportive of the adoption plan - should be included;
• Where the child has siblings, whether the decision is to place siblings separately or together and the rationale for the decision;
• Any other information which the agency considers relevant.

Agency Decision Maker

There are two routes to obtaining the Agency Approval for a child to be adopted. Both routes require a decision from the Agency Decision Maker (ADM). For a relinquished baby or a child who is being adopted with the consent of the parent(s) and accommodated under Section 20 of the Children Act 1989, the recommendation of the Adoption Panel ) is required before the Agency Decision Maker can proceed to make a decision. For a child that is a subject of care proceedings, or for whom there is no parent or guardian, the Agency Decision Maker can make a decision directly, and without prior recommendation from the Panel.

The role of the Agency Decision Maker is, therefore, pivotal to the progression of the adoption of the child. Only the Agency Decision Maker can decide on behalf of Merton that the planned adoption of the child is the right plan for the child. The ADM is guided in this role by the welfare checklist of the Children Act 1989 and guidance from the courts, which requires (see Hofstetter v LB Barnet (2009)) that all known information and all relevant reports are available to the ADM and taken into consideration in coming to a decision, and (see Re B-S (2013)) that any other viable options for the permanent care of the child have been fully considered by the child's social worker, that the analysis in the CPR establishes adoption as the best means of meeting the child's needs, and the analysis takes into account the wishes of the child and family.

The Agency Decision Maker for Merton is firstly the Assistant Directors and then Head of Corporate Parenting followed by; Head of Service Family Support & Safeguarding; Head of Service Help & Family Assessment;

Head of Service Adolescence & Safeguarding. In most circumstances, the ADM decision will be made by the Assistant Director.

For Adoption Plans with Consent of the Parent(s)

To enable the Panel to consider whether the child is suitable to be placed for adoption, the child's social worker must present the following reports:

1. A front sheet stating what is being reported, the reports included, the recommendations sought and who will be attending Panel;
2. The Child's Permanence Report (including the Medical Adviser's comments) signed by the allocated social worker, the manager and the parent, and a photograph of the child, together with the parents' written comments (if any);
3. The child's health report and the health information obtained in relation to the parents;
4. Legal advice about parental consent and the option of seeking a Placement Order;
5. Where there are any experts' assessments available (including and these have been filed in Court proceedings), their contents and recommendations - even if not supportive of the adoption plan - should be presented to the Panel. The social worker will send the relevant reports to the Quality Assurance Manager for Adoption, Fostering and Permanence at least 10 working days before the relevant date of the Panel.

For Adoption Plans Without the Consent of the Parent(s)

For children subject to a court order, only the ADM can agree that the child be placed for adoption. The local authority cannot apply for a placement order without the decision of the ADM. The ADM decision is required for a dual plan that includes adoption because this necessitates the local authority making application for a placement order. The ADM cannot proceed to make a decision until in possession of the Child's Permanence Report (CPR), Together or Apart Assessment (if required), other local authority reports, medical report, legal advice, and all expert assessments and reports to be used in the care proceedings.

Following on from the permanence planning meeting, the Quality Assurance Manager for Adoption, Fostering and Permanence will arrange for the ADM meeting to be held at a date and time that is within the timescale of the legal proceedings and date of court hearing for the placement order application. On booking the date for the ADM meeting the Quality Assurance Manager for Adoption, Fostering and Permanence will ensure that the CPR, legal advice, medical report and expert assessments are sent to the ADM at least 5 working days in advance of the meeting. There may be exceptional circumstances in which the lateness of expert reports or amendments to the CPR, for example, mean that these deadlines cannot be met, in which case the ADM may consent to receive reports cover to the date of the meeting. The social worker and their manager must alert the Quality Assurance Manager for Adoption, Fostering and Permanence in these circumstances and agreement will be sought from the ADM for the later submission of the report. The ADM has a duty not to make a decision until all the reports have been read and carefully considered, and so it is imperative that social workers ensure that the ADM has sufficient time to consider the information and to seek clarification as necessary.

The Decision

After the Decision

The parents will be informed orally of the agency's decision within two working days and written confirmation in writing should be sent to them within five working days. These arrangements will be made by the social worker in conjunction with their Team Manager.

The letter setting out the agency decision will be sent by recorded delivery, except where delivery by hand has been agreed as appropriate, in which case the letter will be forwarded to the social worker for delivery by hand.

The social worker will also ensure that the child is informed of the decision in a timely and age-appropriate way.

The social worker will ensure that Life Story Work with the child continues with the aim as far as possible that:

• The child has an understanding of the reasons for the adoption plan and what adoption will mean;
• The child has an opportunity to express their wishes and feelings about the future; and
• The child has information on their birth family, which is kept safe and provided to the adopters and the child at the appropriate time.

As part of the above, the child will be given a Children's Guide to Adoption as this will form a part of the child's Care Plan. Any information given to the child should be confirmed in writing and any discussions with the child should be fully recorded. The child's preferred method of communication should be known and there should be no assumption that a child is unable to communicate. An interpreter should be arranged where necessary to ensure that there is effective communication with the child.

The social worker should specifically ensure that the child's wishes in relation to adoption, religious and cultural upbringing and contact with their birth family are ascertained.

Once an adoptive placement has been identified and approved, the social worker is responsible for ensuring the child is properly prepared for the first meeting with the prospective adoptive family and is appropriately counselled during the period of introductions - see Section 10, Planning the Placement.

If either or both of the birth parents refuse to accept or do not receive the written information, this should be recorded, including the reasons, on the child's case file and Adoption Case Record.

The counselling and support will cover the following areas:

1. Explaining the key stages of the adoption process and likely time-scales;
2. Explaining, where appropriate, the procedure for seeking a Placement Order;
3. Explaining the parents' legal rights, including to apply for a Contact Order the right of the unmarried father to seek a Parental Responsibility Order or a Child Arrangements Order in relation to the child;
4. Explaining the role and responsibility of the Panel and the Head of Service, Child in Care, Permanency and Planning;
5. Explaining the role of CAFCASS in witnessing consent or acting as the Children's Guardian;
6. Explaining the way the Adoption Contact Register works and how an adopted adult may seek information about the birth family in the future or register a wish not to be contacted;
7. Explaining how prospective adoptive parents are assessed;
8. Ascertaining the parents' views on the adoption plan, including the selection of the adoptive family, any specific ethnic, cultural or religious needs of the child, and any plan to separate a sibling group. Their views on these issues should be recorded;
9. Dealing with grief and loss;
10. Where there is parental consent to the adoption, explaining the process for giving their written consent to an adoptive placement or advance consent to the adoption (including the role of CAFCASS), their right to state that they do not wish to be informed of an adoption application, and that they have the right to withdraw their consent to an adoptive placement at any time up to the making of an adoption application, but the restriction of their rights to do so after an adoption application has been made;
11. Ascertaining the parents' views on post-placement and post-adoption contact including whether they would wish to meet the adoptive family and if so, how they might prepare for this and this should be actively encouraged;
12. Providing information to the parents on national and local support groups, and other possible sources of help;
13. Explaining how the parents may be able to provide information to be passed to adopters, for example, on the child's birth and early life, which may be of benefit to the child;

The social worker should write to the Medical Adviser requesting a medical for the child and at the same time inform the Medical Adviser when Forms B and M were requested.

Post-placement and post-adoption contact may take the following forms:

1. Adoptive parents providing non-identifying information about the child to the birth family through letter-box contact organised and maintained by the adoption service (one way indirect contact);
2. Adoptive parents and the birth family sharing non-identifying information about themselves through letter-box contact organised and maintained by the adoption service (two way indirect contact);
3. Direct letter box and/or telephone contact between the adoptive parents and the birth family;

4. Direct face-to-face contact between the child and the birth family. This is usually between siblings and any direct contact should be of good quality, child led and arranged between the Adoptive Parents and the Birth family. There should be no need for family intervention as the view would be that the level of contact will be safe.

The social worker and the family finder will address the following issues:

1. The preparation of the child's profile and to identify any other information about the child, which is needed in order to identify a suitable family;
2. To consider who should undertake the preparation of the child, and to determine how the child may be involved in and express views about the process of finding a family;
3. To discuss parental involvement in the placement process (and parental consent to advertising, if applicable);
4. To agree that the social worker will keep Merton Legal department informed of any significant changes or developments and seek the Court's leave to advertising where Court proceedings are on-going at the earliest opportunity;
5. To plan the family finding work, giving consideration to the availability of in-house approved families, the opportunity of an inter-agency placement, and advertising for families in the national and local press, consideration to other relevant media within the wider community. To agree time-scales for the family finding work including the holding of progress meetings.
   
   The social worker, current foster carer and the family finder will complete the child's profile, identifying the child's needs in relation to a new family, including ethnicity, culture, religion, language, contact with birth family and existing networks, education, health, other special needs and location, and the qualities required in the adoptive family, based on the child's identified placement needs. The profile should identify which needs are essential and which preferred.
   
   Where the profile indicates the child should not be placed locally, there should also be a written risk assessment with a clear risk assessment to support this conclusion.

The family finder will consider whether there are any potentially suitable in-house approved families (including families going through the assessment process) by sharing the child's profile with the Adoption Service and reading copies of any available Prospective Adopter's Reports.

The purpose of the meeting is to consider the available in-house approved potential families, and decide which appears the best able to meet the child's needs. The meeting should also consider:

• The preparation of the child, the present carers and the prospective adopters for the proposed placement, including the sharing of information with the prospective adopters;
• The preparation of the birth family and the information to be given;
• The allocation of preparatory tasks for the introductory work;
• The proposed Adoption Support Plan and any proposed contact arrangements;
• The designated roles and responsibilities for completing the Adoption Placement Report and the proposed Adoption Support Plan.

Ethnicity must not be placed above everything else when identifying potential adopters for children. Merton believes that it is unacceptable for a child to be denied adoptive parents for reasons that the child and prospective adopter do not share the same racial origin, cultural and linguistic background, or religion. The prospective adopter needs to demonstrate that they fully understand that having a child from a different ethnic group can present challenges affecting the child's self-esteem and identity because of visible differences and questions from peers. These are challenges in some circumstances, but they are also opportunities for developing a strong self-confidence and sense of identity through celebrating diversity and difference. For older children who may have developed a racial, cultural, linguistic and religious identity, it will be important for the adopter to help the child to continue to develop these and to celebrate these aspects of their self-identity.

Where foster carers express an interest in adopting a child this should be the exception they are looking after, and there is an adoption plan for the child, the family finder will talk to them about the implications of adoption and will convene a Matching Meeting involving the child's social worker, their line manager and the foster carers' supervising social worker (with their line manager where appropriate). The chair of the meeting will be the Team Manager or their nominee. If the outcome of the meeting is that the foster carers appear to be able to meet the child's essential needs, the case will be allocated for an assessment of the foster carers as adopters to proceed (see Recruitment, Assessment and Approvals of Prospective Adopters Procedure).

If they are approved as adopters, the requirements set out in Section 9, Approval of Matching of Adoptive Parents as to the approval of the matching and in Section 10, The Placement as to the provision of information and notification of the placement must be followed.

If the outcome of the meeting is that the foster carers are not able to meet the child's essential needs, the recruitment of adopters as set out in the preceding and following paragraphs of this chapter will apply. The foster carers' supervising worker will provide support and counselling to the foster carers as appropriate.

Presentation to the Joint Panel

The family finder must present the following reports to the Panel:

1. A front sheet stating what is being reported, the reports included, recommendations sought and who will be attending the Panel;
2. The Child's Permanence Report (with an update medical report no more than 6 months old);
3. The Prospective Adopter's Report, updated as necessary, on the identified prospective adopters and a recent medical (in the last 2 years);
4. The Adoption Placement Report;
5. The proposed Adoption Support Plan;
6. The proposals regarding post-placement and post-adoption contact;
7. The views of the prospective adopters on the Prospective Adopter's Report and the proposed contact arrangements.

After the Panel has considered the reports and made a written recommendation, the minute and reports considered by the Panel will be sent to the Team Manager in consultation with the Head of Corporate Parenting who will make a decision based on this information within 7 working days of the Panel meeting.

In urgent cases, for example where the Court timetabling and child's timescales requires it, this timescale should be reduced to 5 working days and very rarely on the same day. The decision must be recorded in writing.

If the Panel has given advice in relation to adoption support, proposed contact and/or the exercise of Parental Responsibility by the prospective adopters and/or the birth parents, the Team Manager may express a view on such advice.

Children will be introduced to their prospective adopters sensitively and with careful and considered planning that promotes attachment. Once the matching has been approved and the legal position allows it, the family finder will convene a Placement Planning Meeting to draw up an Adoption Placement Plan, confirming the details of the introductions, placement and post-placement work. The Team Manager or their nominee will chair the meeting.

Note that the Court of Appeal in W & Ors (Implementation of Adoption Plan Pending Appeal) [2024] EWCA Civ 837 made clear that local authorities must not proceed with the implementation of the Placement Order until it is clear that no appeal is being made against the Order. See Section 4.2, Procedural Fairness for further information.

The purpose of the first Placement Planning Meeting is to draw up a proposed Adoption Placement Plan. The Adoption Placement Plan should include:

• Whether the placement is to be made under a Placement Order or with parental consent;
• The arrangements for preparing the child and the prospective adopter for the placement (see below);
• The proposed date of the placement, who will be present when the placement takes place and consideration shall be made that this is with the minimum amount of people;
• The Adoption Support Plan including the support to be provided to the prospective adopters to promote the child's educational achievements and participation in leisure activities; to help the child develop positive relationships; and to manage any challenging behaviour which the child may display;
• Whether and to what extent the exercise of Parental Responsibility by the prospective adopters and/or the birth parents is to be restricted, including the delegation of decision making to the prospective adopters about the child's health needs and under what circumstances consent to medical treatment needs to be obtained;
• The arrangements for the monitoring and supervision of the placement (including contact details of key support staff during office hours and out of hours);
• The date when the life story book and any Later Life letters will be passed to the prospective adopters (usually within 10 working days of the adoption ceremony, i.e. the ceremony to celebrate the making of the adoption order);
• he dates on which and arrangements for the first Adoption Review;
• Any post-placement contact between the child and members of their birth family and/or the child and the foster carers; and
• Clarification of who will make the necessary notifications of the placement (see Section 11, The Placement).

It will also set out the steps required leading up to the child's placement with the prospective adopters, including the first meeting between the child and the prospective adoptive family, the programme of and detailed arrangements for their introductions (dates, times, venues, transport and accommodation), the reimbursement of any expenses of the introductions, any other financial assistance to enable the placement to occur and, where appropriate, a meeting between the parents and the prospective adopters.

The family finder will be responsible for coordinating Placement Planning Meetings. However, all workers involved must be clear about their respective roles and responsibilities in the implementation of the plan, and what should happen in the event of difficulties. Changes to the Adoption Placement Plan can only be made with the agreement of the family finder or the Chair of the meeting and must be notified to the prospective adopters in writing.

At the mid-point of the introductions, a second Placement Planning Meeting will be held, at which the following areas will be addressed:

1. The progress of the introductions - has the necessary action identified at the previous meeting been taken, and the plan been followed? - If not, why not?
2. The views of each participant as to the above;
3. The identification of the positives;
4. The identification of any difficulties;
5. The development of the next stage of the plan;
6. The finalisation of the arrangements for the placement.

Once the matching of the child has been approved, the child can be placed (either through a Placement Order or Parental Consent), the plan of introductions has been successfully completed and the Adoption Placement Plan has been completed and signed by all parties, the placement can go ahead.

Note that the Court of Appeal in W & Ors (Implementation of Adoption Plan Pending Appeal) [2024] EWCA Civ 837 made clear that local authorities must not proceed with the implementation of the Placement Order until it is clear that no appeal is being made against the Order. See Section 4.2, Procedural Fairness for further information.

Prior to the placement, the social worker must ensure that all the following information / items have been provided to the prospective adopters:

1. Authority to consent to medical and dental treatment;
2. The parent-held Child Health Record;
3. Any letters, photographs or mementos from the birth family, including a 'Later in Life' letter from the birth parent if possible, and the Life Story Book;
4. The child's birth certificate;
5. The child's passport (if applicable);
6. A copy of the Care Order (if applicable), Placement Order (if applicable) and any other Court Orders that exist;
7. A copy of the Parental Consent to the Placement and Advance Consent to Adoption (if applicable);
8. A written plan of the contact arrangements pre and post adoption with the birth parents and any previous carers;
9. The Adoption Support Plan, including a named post-adoption social worker;
10. The Adoption Placement Plan including arrangements for support and visits by the child's social worker and their own social worker;
11. Any other relevant information, including specialist reports (subject to the author's consent).