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282 <h2>
282 Assessment and Approvals of Prospective Adopters
282 </h2>
284 </div>
287 <div id="scope_box">
288 <h3>
288 RELEVANT GUIDANCE
288 </h3>
289 <p>
289 <a
href="http://media.education.gov.uk/assets/files/pdf/s/statutory%20adoption%20guidance%20chapter%2
03%20valid%20from%201-7-13.pdf" target="_blank" rel="noopener">
289 Adoption Statutory Guidance (revised 1 July 2013)
289 </a>
289 </p>
290 <p>
290 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf" target="_blank" rel="noopener">
290 The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case
Review (2015)
290 </a>
290 </p>
291 <h3>
291 NOTE
291 </h3>
292 <p>
292 There is a shortened process for prospective adopters who have already been approved as foster
carers/adopters – see
292 <a href="#fast_track">
292 Section 6, Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to
Adopt
292 </a>
292 .
292 </p>
293 <h3>
293 AMENDMENT
293 </h3>
294 <p>
294 In April 2020, a link was added to Attending an IRM Panel: information sheets. See
294 <a href="#represent_inde">
294 Section 10, Representations / Independent Review Procedure
294 </a>
294 .
294 </p>
295 </div>
296 <div id="sections">
298 <h3 id="sections_list">
298 Contents
298 </h3>
299 <ol>
300 <li>
300 <a href="#responding">
300 Recruitment and Responding to Initial Enquiries
300 </a>
300 </li>
301 <li>
301 <a href="#reg_int">
301 Registration of Interest in Adoption
301 </a>
301 </li>
302 <li>
302 <a href="#stage1">
302 Stage One - The Pre-Assessment Process
302 </a>
302 </li>
303 <li>
303 <a href="#sharing">
303 Sharing Information for the Purposes of Foster Carer Assessments
303 </a>
303 </li>
304 <li>
304 <a href="#stage2">
304 Stage Two – The Assessment Process
304 </a>
304 </li>
305 <li>
305 <a href="#fast_track">
305 Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt
305 </a>
305 </li>
306 <li>
306 <a href="#prosp_adop">
306 Prospective Adopter's Report
306 </a>
306 </li>
307 <li>
307 <a href="#panel_recomm">
307 The Panel Recommendation
307 </a>
307 </li>
308 <li>
308 <a href="#after_panel_recomm">
308 After the Panel Recommendation
308 </a>
308 </li>
309 <li>
309 <a href="#represent_inde">
309 Representations / Independent Review Procedure
309 </a>
309 </li>
310 <li>
310 <a href="#timescale">
310 Timescales
310 </a>
310 </li>
311 <li>
311 <a href="#caserec">
311 Prospective Adopter Case Record
311 </a>
311 </li>
312 <li>
312 <a href="#matching">
312 Prospective Adopter Matching Plan
312 </a>
312 </li>
313 <li>
313 <a href="#review_prosp">
313 Review of Prospective Adopter's Approval
313 </a>
313 </li>
314 <li>
314 <a href="#criteria_prosp">
314 Criteria for Prospective Adopters
314 </a>
314 </li>
315 <li class="remove_bullet">
315 <a href="#appA">
315 Appendix A: Standard Decision Letter – Not Suitable to Adopt
315 </a>
315 </li>
316 </ol>
317 <h3 id="responding">
317 1. Recruitment and Responding to Initial Enquiries
317 </h3>
318 <p>
318 The adoption agency aims to recruit and assess prospective adopters who can meet most of the needs
of children for whom adoption is the plan.
318 </p>
319 <p>
319 It is not part of the recruitment strategy of the adoption agency to turn away couples or single
people because of their status, age or because they and the child do not share the same racial or
cultural background as the children requiring adoptive placements.
319 </p>
320 <p>
320 Potential applicants may approach First4Adoption (
320 <a href="http://www.first4adoption.org.uk/" target="_blank" rel="noopener">
320 www.first4adoption.org.uk
320 </a>
320 ) or the adoption agency for general information about adoption. This can include, for example,
information on the legal implications of adoption, eligibility criteria (see
320 <a href="#criteria_prosp">
320 Section 15, Criteria for Prospective Adopters
320 </a>
320 ), the characteristics of children awaiting adoption and the approval process.
320 </p>
321 <p>
321 Where a potential applicant decides, after receiving general information, that he or she would
like to pursue an adoption further, he or she may approach the adoption agency for more detailed
information about adoption.
321 </p>
322 <p>
322 This information should be provided within ten working days through an information session, a
visit, pre-planned telephone call or similar arrangement with the potential adopter. This may need
to take place in the evening or at the weekend to fit around the potential adopters' life style
and working patterns. This is the minimum response at this stage; further information sessions may
be provided if applicable.
322 </p>
323 <p>
323 Detailed information should enable potential adopters to consider better whether they want to
proceed with the approval process and to reflect on the parenting needs of the children awaiting
adoption. Detailed information should also enable them to consider their expectations of adoption,
and the consequences for them and their family of caring for an adopted child who may have a range
of complex needs.
323 </p>
324 <p>
324 Where an enquiry is about inter-country adoption, it should be established whether the potential
adopter has considered adopting a Looked After child. Information should also be given about the
policy on fees and an estimation of the costs the prospective adopter will have to pay to the
agency and the Department for Education. Many people believe that they would not be able to adopt
a child in this country but would be able to adopt a child from abroad. Where prospective
applicants are likely to be considered unsuitable to adopt a Looked After child in England, they
should not be advised to apply to adopt a child from overseas. Applicants can be signposted to the
Intercountry Adoption Centre (
324 <a href="http://www.icacentre.org.uk/" target="_blank" rel="noopener">
324 www.icacentre.org.uk
324 </a>
324 ). See
324 <a href="p_inter_country_adop.html">
324 Inter Country Adoption Procedure
324 </a>
324 .
324 </p>
325 <p>
325 There is a shortened process for prospective adopters who have already been approved as foster
carers/adopters – see
325 <a href="#fast_track">
325 Section 6, Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to
Adopt
325 </a>
325 .
325 </p>
326 <p>
326 The local authority has a duty to provide information on adoption support services to anyone
contacting the authority to request information about adopting a child. See
326 <a href="p_adop_support.html">
326 Adoption Support Procedure
326 </a>
326 .
326 </p>
327 <p>
327 Basic information about Fostering For Adoption should be available in the general information made
available to prospective adopters and then in more detail if they engage more fully in the
preparation and assessment process. This information should outline:
327 </p>
328 <ul>
329 <li>
329 What the objectives of Fostering For Adoption are;
329 </li>
330 <li>
330 In what circumstances it might apply;
330 </li>
331 <li>
331 What the process is for becoming a dually approved carer;
331 </li>
332 <li>
332 What the benefits and risks might be.
332 </li>
333 </ul>
334 <h3 id="reg_int">
334 2. Registration of Interest in Adoption
334 </h3>
335 <p>
335 Once a potential adopter has received information about adoption they will either decide that
adoption is not right for them at that point in time or will wish to move to the next stage of the
process. Should they wish to move to the next stage, they will need to formally register their
interest to enter Stage One of the approval process – the Pre-Assessment Stage (see
335 <a href="#stage1">
335 Section 3, Stage 1 - The Pre-Assessment Process
335 </a>
335 ). From this point they are referred to as 'prospective adopters'. Prospective adopters will
register their interest via a form which will include as a minimum:
335 </p>
336 <ul>
337 <li>
337 Name and address of the potential adopters;
337 </li>
338 <li>
338 Authority to commence Stage One checks;
338 </li>
339 <li>
339 Confirmation that the potential adopters have not registered their approval with another agency;
339 </li>
340 <li>
340 A reminder that the potential adopters should be contactable in the week following their
registration of interest, and a request for times for contact during that period;
340 </li>
341 <li>
341 Questions to ensure the potential adopters meet the eligibility criteria (see
341 <a href="#criteria_prosp">
341 Section 15, Criteria for Prospective Adopters
341 </a>
341 ).
341 </li>
342 </ul>
343 <p>
343 A decision should be reached within five working days from receipt of a registration of interest
whether or not to accept this, unless there are exceptional circumstances which mean that longer
is needed. To help the agency make this decision, it may be necessary to arrange a visit, have a
meeting or a pre-planned telephone call (whichever is considered most appropriate in each
individual case) with the prospective adopter. There may be circumstances where it would not be
appropriate for the agency to accept a registration of interest, such as where there is lack of
capacity to take on more prospective adopters. In cases like this, the agency should redirect the
prospective adopter to the First4Adoption or another agency which is currently recruiting.
343 </p>
344 <p>
344 The agency must not refuse to accept registrations of interest on the grounds of, for example, a
prospective adopter's ethnicity, age, health, sexual orientation, religious beliefs or because
they do not share the same ethnicity, culture or religious beliefs with the children waiting for
an adoptive family. Prospective adopters may only be excluded if they do not meet the eligibility
criteria.
344 </p>
345 <p>
345 Where the agency declines a registration of interest it should provide the prospective adopter
with a clear written explanation of the reasons why, and offer them the choice of going directly
to another agency or to First4Adoption for signposting to another agency.
345 </p>
346 <p>
346 Where the agency accepts a registration of interest it must set up a prospective adopter's case
record in respect of the prospective adopter, see (
346 <a href="#caserec">
346 Section 12, Prospective Adopter Case Record
346 </a>
346 ).
346 </p>
347 <p>
347 The local authority has a duty to provide information on adoption support services to anyone
informing the authority that (s)he wishes to adopt a child. See
347 <a href="p_adop_support.html">
347 Adoption Support Procedure
347 </a>
347 .
347 </p>
348 <h3 id="stage1">
348 3. Stage One – The Pre-Assessment Process
348 </h3>
349 <h4>
349 3.1 Purpose and Process
350 </h4>
351 <p>
351 Stage One begins when the agency accepts the registration of interest in adoption and should
normally take no more than
351 <span class="bold">
351 two months
351 </span>
351 to complete. It is during this stage that the prospective adopter will be exploring the extent of
their interest in and capacity for adoption, prior to a firmer decision on whether to proceed to
Stage Two – the Assessment Process (see
351 <a href="#stage2">
351 Section 5, Stage Two – The Assessment Process
351 </a>
351 ). Stage One will focus on initial training and preparation, and on ascertaining, through
prescribed checks and references, whether there is any absolute reason why the prospective adopter
should not proceed further. The expectation is that the prospective adopter will be closely
involved in the Stage One process and agencies are expected to take into account fully the
prospective adopter's wishes on how they wish to work through Stage One. All prescribed checks and
references must be carried out during Stage One in parallel with initial training and preparation.
There is an expectation that prospective adopters will attend the four day preparation training
course in the Stage 1 assessment process.
351 </p>
352 <p>
352 The agency will explain in detail the Stage One process and what will be required of the
prospective adopter, and will draw up the Prospective Adopter Stage One Plan which will set out
the responsibilities and expectations of both the prospective adopter and the agency during Stage
One. This Plan must include:
352 </p>
353 <ul>
354 <li>
354 Information about the counselling, information and preparation for adoption to be provided;
354 </li>
355 <li>
355 The procedure for carrying out police checks;
355 </li>
356 <li>
356 Details of any training that the prospective adopter has agreed to undertake;
356 </li>
357 <li>
357 Information about the role of the prospective adopter in the stage one process;
357 </li>
358 <li>
358 Any applicable timescales;
358 </li>
359 <li>
359 Information about the process for making representations (including a complaint); and
359 </li>
360 <li>
360 Any other information that the agency considers relevant.
360 </li>
361 </ul>
362 <p>
362 Whilst the importance of openness must be stressed to the prospective adopter, it should not be
assumed that a failure to disclose information automatically implies that the prospective adopter
is unsuitable. It will be necessary to discuss the matter and the reasons for non-disclosure.
362 </p>
363 <p>
363 Prospective adopters should be encouraged to use any other materials that offer them the
opportunity to explore and reach an informed view about aspects of parenting and their parenting
capacity and help them to identify their own training needs. A visit, meeting or pre-planned
telephone call with the prospective adopter (whatever works best for them and best meets their
preferences) should be undertaken to ensure that they have the opportunity to ask for more
information or training based on their particular needs.
363 </p>
364 <p>
364 Stage One ends with the Pre-Assessment Decision.
364 </p>
365 <h4>
365 3.2 Pre-Assessment Information
366 </h4>
367 <p>
367 The following information must be gathered during Stage One.
367 </p>
368 <h5>
368 Information about the prospective adopter
368 </h5>
369 <ul>
370 <li>
370 Name, sex, date and place of birth and address including the local authority area;
370 </li>
371 <li>
371 If the prospective adopter is married or has formed a civil partnership and is applying alone
for an assessment of their suitability to adopt, the reasons for this;
371 </li>
372 <li>
372 Details of any previous family court proceedings in which the prospective adopter has been
involved;
372 </li>
373 <li>
373 Names and addresses of three referees who will give personal references on the prospective
adopter, not more than one of whom may be a relative;
373 </li>
374 <li>
374 Name and address of the prospective adopter's registered medical practitioner;
374 </li>
375 <li>
375 If the prospective adopter:
376 <ul>
377 <li>
377 Is married, the date and place of the marriage;
377 </li>
378 <li>
378 Has formed a civil partnership, the date and place of registration of that partnership; or
378 </li>
379 <li>
379 Has a partner, details of that relationship.
379 </li>
380 </ul>
381 </li>
382 <li>
382 Details of any previous marriage, civil partnership or relationship;
382 </li>
383 <li>
383 Whether the prospective adopter is domiciled or habitually resident in a part of the British
Islands and if habitually resident for how long they have been habitually resident;
383 </li>
384 <li>
384 Where the prospective adopter lives in another local authority area, it should be ascertained
whether that local authority has any information about the prospective adopter which may be
relevant to the assessment of the prospective adopter's suitability to adopt and, if so, a
written report should be obtained from that authority setting out that information;
384 </li>
385 <li>
385 The adoption agency may ask the prospective adopter to provide any further information the
agency may reasonably require.
385 </li>
386 </ul>
387 <h5>
387 Information about the home etc. of the prospective adopter
388 </h5>
389 <ul>
390 <li>
390 Details of other members of the prospective adopter's household (including any children of the
prospective adopter whether or not resident in the household).
390 </li>
391 </ul>
392 <h4>
392 3.3 Police Checks
393 </h4>
394 <p>
394 Criminal record checks with the Disclosure and Barring Service must be carried out on the
prospective adopter and any adult members of their household.
394 </p>
395 <p>
395 Prior to Stage One, prospective adopters should be given an explanation of the statutory duty on
the agency to conduct checks into their background and into the background of any other adult
members of their household. It should be made clear that the prospective adopters will not be able
to proceed to Stage Two where criminal record checks identify them or an adult member of their
household as having been convicted of a specified offence or police caution in respect of a
specified offence.
395 </p>
396 <p>
396 A 'specified offence' means:
396 </p>
397 <ul>
398 <li>
398 An offence against a child/ any offence involving bodily injury to a child, other than an
offence of common assault or battery;
398 </li>
399 <li>
399 An offence relating to indecent images of children under the age of 16;
399 </li>
400 <li>
400 Sexual offences of rape; assault by penetration; causing a person to engage in sexual activity
without consent; sexual activity/causing or inciting sexual activity/inducement, threat or
deception to procure sexual activity with a person with a mental disorder impeding choice.
400 </li>
401 </ul>
402 <p>
402 Where the prospective adopter's full history cannot be ascertained by conducting a criminal record
check and other background checks (for example, where they have lived abroad for an extended
period a Certificate of Good Conduct should be sought), a decision should be taken as to whether
to carry out any other checks or take up additional references. The agency should ensure it has
sufficient information to justify continuing with Stage One but not delay the approval process. If
it decides not to proceed, it should provide the prospective adopter with a clear written
explanation of the reasons why.
402 </p>
403 <p>
403 The agency may not consider a prospective adopter suitable to adopt a child if they or any adult
member of their household has been convicted of a specified offence committed at 18 or over, or
has received a police caution in respect of a specified offence which they admitted at the time
the caution was given. In such circumstances the agency must notify the prospective adopter in
writing, with reasons, without delay.
403 </p>
404 <p>
404 Information obtained from the Disclosure and Barring Service (DBS) should be retained on the
prospective adopter's case record for a limited time only. This information should be destroyed
when it is decided that the prospective adopter is suitable to adopt a child unless it is required
for an adoption with a foreign element. It should be noted on the prospective adopter's case
record that the DBS information has been destroyed, and that this information had led the agency
to form a particular view, without citing the information itself.
404 </p>
405 <p>
405 Where the criminal record checks disclose previous convictions or cautions for non-specified
offences, the agency may consider that the prospective adopter is not suitable to adopt. In such
circumstances, the agency must exercise its discretion and decide whether to continue with Stage
One. If it decides not to proceed, it must notify the prospective adopter in writing, with
reasons, without delay.
405 </p>
406 <p>
406 In circumstances where the application is a joint application, the agency may only inform the
prospective adopter who is the convicted or cautioned individual of the specific reason for
terminating Stage One. The social worker should explain to that person that the agency will not
inform the other person of the specific conviction or caution but will inform them that because of
information obtained from the checks the joint application cannot proceed.
406 </p>
407 <p>
407 Likewise, where the checks reveal information about an adult member of the household that
indicates that the agency must terminate Stage One, the agency is restricted from disclosing
information about that conviction or caution which prevents the application from proceeding. It
may inform that individual and suggest that they inform the prospective adopter but it may not do
so itself. In such a case, the agency should counsel the prospective adopter that its checks
indicate that the agency must not continue with Stage One and that its checks indicate that the
agency should not proceed with the application.
407 </p>
408 <h4>
408 3.4 Health Checks
409 </h4>
410 <p>
410 The applicants will also be asked to arrange for an adoption medical examination and report from
their G.P. (if this has not been done at an earlier stage), unless the Medical Adviser does not
consider such a medical examination is necessary, for example where the applicant is a foster
carer and a health report is already available.
410 </p>
411 <p>
411 The social worker will provide the applicants with the relevant CoramBAAF medical forms for
completion by the GP.
411 </p>
412 <p>
412 The completed Medical Form should then be sent to the Medical Adviser, together with a covering
letter providing a pen picture of the family, their life-style and the sort of child they are
considering.
412 </p>
413 <p>
413 The GP's report should have been written within the 6 months prior to the Adoption Panel meeting
which considers the application and cover the matters specified in Part 2 of Schedule 4 AAR 2005.
413 </p>
414 <p>
414 The agency's medical adviser will need to provide a summary of the prospective adopter's state of
health as part of the prospective adopter's report. The adviser will need to form a view as to the
adequacy of the medical reports received and to advise whether additional specialist opinion
should be obtained. The prospective adopter's current GP may not have a full health history of the
prospective adopter, particularly if they have received private medical care outside the NHS.
Prospective adopters should be helped to understand the importance of making their full health
history available to the agency's medical adviser.
414 </p>
415 <p>
415 Agencies have a duty to satisfy themselves that prospective adopters have a reasonable expectation
of continuing to enjoy good health. The medical adviser should explain and interpret health
information from the prospective adopter, their GP, and consultants to facilitate adoption panel
discussion. The opinion of the agency's medical adviser needs to be given sufficient weight by
adoption panels and the Agency Decision Maker.
415 </p>
416 <p>
416 Mild chronic conditions are unlikely to preclude people from adopting provided that the condition
does not place the child at risk through an inability of the individual to protect the child from
commonplace hazards or limit them in providing children with a range of beneficial experiences and
opportunities. The possibility of providing support in appropriate cases to assist in overcoming
any possible negative consequences arising from disability or restricted mobility should be borne
in mind. More severe health conditions may raise a question about the suitability of the
prospective adopter, but each case will have to be considered on its own facts and with
appropriate advice.
416 </p>
417 <h4>
417 3.5 References
418 </h4>
419 <p>
419 Applicants will be asked to provide the names of three personal referees, who are adults (not more
than one of whom should be related to them), have known the applicant for at least two years who
will give personal references on the prospective adopter. A written report must be prepared of the
interviews held with each of the referees.
419 </p>
420 <p>
420 Referees should be people who know the applicants well in a personal capacity, and it is desirable
that the referees have direct experience of caring for children, either in a personal or
professional capacity.
420 </p>
421 <p>
421 Where there is a joint application, referees should know both applicants, or additional referees
will be required.
421 </p>
422 <p>
422 A written reference may also be obtained from each applicant's last/current employer where they
work or have worked with children or vulnerable adults. Further references from previous
employers may need to be considered.
422 </p>
423 <p>
423 Where the prospective applicant has made a previous application to foster or adopt, the relevant
agency must be asked to confirm in writing the outcome of the application and provide a written
reference.
423 </p>
424 <p>
424 The allocated adoption social worker will arrange for requests for written references to be sent.
424 </p>
425 <p>
425 The referees should be asked to comment on the following:
425 </p>
426 <ol style="list-style-type:lower-alpha">
427 <li>
427 The length of time the referee has known the applicant, in what circumstances, how they met and
how regularly they are in contact;
427 </li>
428 <li>
428 Where there is a joint application, the couple's relationship including its stability and
quality, the couple's strengths and ways of coping with stress and how mutually supportive the
couple is;
428 </li>
429 <li>
429 The applicants' general physical and emotional well being;
429 </li>
430 <li>
430 How the applicants relate to children, with examples, and what experience the applicants have of
caring for children;
430 </li>
431 <li>
431 How the applicants have adjusted to childlessness if this is the case, how they have prepared to
become adoptive parents, how much they have shared with the referees and how open they are in
talking about the issues surrounding adoption;
431 </li>
432 <li>
432 If the applicants have children of their own, how the referee thinks a child from a different
ethnic background will impact on the other children in the family;
432 </li>
433 <li>
433 Any reservations the referee has and whether the referee wholeheartedly supports the
application.
433 </li>
434 </ol>
435 <p>
435 At the start of the interview, the referee should be informed that the written report of the
interview will not be shared with the applicants but that any issues arising during the interview
may be discussed with them.
435 </p>
436 <p>
436 Issues for discussion include the following:
436 </p>
437 <ul>
438 <li>
438 The applicant as a personality;
438 </li>
439 <li>
439 The stability of the couple's relationship (if a joint application);
439 </li>
440 <li>
440 The referee's impression of the applicant's general physical and emotional well being;
440 </li>
441 <li>
441 The referee's opinion on the applicant's ability to relate to children, and the basis of the
opinion;
441 </li>
442 <li>
442 The referee's opinion on whether adoption is appropriate for the applicant;
442 </li>
443 <li>
443 Any reservations the referee may have to express about any aspect of the application;
443 </li>
444 <li>
444 Whether the referee wholeheartedly supports the application;
444 </li>
445 <li>
445 What support the referee is able to offer the prospective adopters;
445 </li>
446 <li>
446 Whether the referee has any reason to believe the applicant would harm the children in their
care.
446 </li>
447 </ul>
448 <p>
448 The assessing social worker may also contact the previous partners of the applicants, and seek
references from them where it is considered necessary. Where there were any children of the
relationship or where children were cared for jointly, the social worker will arrange to interview
them face-to-face wherever practicable. Where former partners have not jointly parented or cared
for a child with the prospective adopter, they should generally not be approached unless there is
a specific reason for doing so. Children of the applicant(s) living away from home may also
be contacted, and references sought from them where considered appropriate.
448 </p>
449 <p>
449 In addition, as part of the assessment, where the applicant has school age children, the relevant
school(s) may be contacted, with the permission of the applicant, for information regarding the
applicant's ability to promote the child's education.
449 </p>
450 <p>
450 Where applicable, the agency must ascertain whether the local authority in whose area the
prospective adopter has their home has any information about them that may be relevant to the
assessment. If so, the agency must obtain from that authority a written report setting out the
information. Local authorities asked for this information should comply promptly with these
requests and provide this information within 15 working days wherever possible. In requesting
information from a local authority, the agency should seek to ascertain whether records held by
social services and education departments hold relevant information about the prospective adopter.
450 </p>
451 <p>
451 There is no reason in principle why information held by one part of the local authority should not
be shared with another. Protocols operated by children's services may, however, restrict access to
cases where there is concern for the safety of a child. This means that an adoption check may not
automatically involve a check to see whether a child of the family has been the subject of a Child
Protection Plan unless such a check is specifically requested. The prospective adopter may have
lived for only a short period in the area of their local authority. In such cases, the agency
should obtain information from the prospective adopter's former local authorities.
451 </p>
452 <h4>
452 3.6 Counselling, Information and Preparation for Adoption
453 </h4>
454 <p>
454 All prospective adopters will need some form of adoption preparation. The agency will need to
decide its form and substance, arranging preparation that takes into account the prospective
adopter's circumstances. Preparation should be designed to help prospective adopters make an
informed decision about pursuing adoption based on an understanding of the qualities they have to
offer a child. The agency should build on these strengths when working with the prospective
adopter. Adoption preparation may be provided by the agency itself or with another agency or
adoption support agency.
454 </p>
455 <h4>
455 3.7 Pre-Assessment Decision
456 </h4>
457 <p>
457 The adoption agency must gather Stage One information and make a Pre-Assessment Decision as to
whether the prospective adopter may be or is not is not suitable to adopt a child, within a period
of eight weeks from the date on which the prospective adopter registered their interest in
adopting a child (unless there are good reasons to extend that time period). If the time period is
extended, the reasons must be recorded on the prospective adopter's case record, along with
supporting evidence.
457 </p>
458 <p>
458 Where the Pre-Assessment Decision is that the prospective adopter is not suitable to adopt a
child, the prospective adopter must be provided with a clear written explanation of the reasons
why they will not be able to proceed to Stage Two. The pre-assessment decision may be made
notwithstanding that not all of the required pre-assessment information has been gathered.
Prospective adopters who wish to complain about this decision may make a complaint using the
agency's local complaints procedure. They will also be able to raise general concerns about the
process with the First4Adoption. The Independent Review Mechanism is not available for decisions
made during Stage One.
458 </p>
459 <p>
459 Where the Pre-Assessment Decision is that the prospective adopter might be suitable to adopt a
child, the prospective adopter must be advised of the decision and that they have six months in
which to notify the agency if they wish to proceed to Stage Two – the Assessment Stage.
459 </p>
460 <p>
460 If the prospective adopters provide notification of their wish to proceed outside this six months
time limit, they will need to restart Stage One. They should be contacted within five working days
of their notification and offered a re-entry interview. The Stage One Plan should take into
account activities undertaken previously.
460 </p>
461 <h3 id="sharing">
461 4. Sharing Information for the Purposes of Foster Carer Assessments
461 </h3>
462 <h4>
462 4.1 Information Sharing
463 </h4>
464 <p>
464 Sharing information about a person that is held in their existing foster carer or adopter records
is permitted for the purposes of informing a new assessment of a person's suitability to foster or
adopt. For instance, if previous partners have been interviewed in the past to verify facts, and
the current assessing social worker is satisfied with the records in respect of these interviews,
it should not be necessary to repeat the interviews if no further information is required. The
assessing social worker should, however, satisfy themselves as to the quality and continuing
relevance of the information before using it to inform the current assessment.
464 </p>
465 <p>
465 Information that should be shared, upon request, in order to inform a new assessment of a
person's suitability to foster or adopt includes:
465 </p>
466 <ul>
467 <li>
467 The report of the original assessment of the person's suitability to foster or adopt (if it is
considered by the body requesting the information to be recent enough to be relevant);
467 </li>
468 <li>
468 A copy of the report of the last review of the individual's continuing suitability to foster or
adopt and any other review report considered useful to understanding the person's current
suitability to foster or adopt;
468 </li>
469 <li>
469 Details of any concerns about standards of practice and what if anything is being done/has been
done to address them;
469 </li>
470 <li>
470 Details of allegations made against the foster carer/adopter or their household members; and
470 </li>
471 <li>
471 Any other information considered to be relevant to the assessment of the person's suitability to
foster/adopt.
471 </li>
472 </ul>
473 <h4>
473 4.2 Consent
474 </h4>
475 <p>
475 Information should only be shared with the informed, explicit consent of all parties referred to
in the information, including young people where they have sufficient understanding to consent to
the sharing of their information (if they do not have sufficient understanding, the consent of a
person with Parental Responsibility would need to be obtained). This means that the person giving
consent needs to understand why their information is to be shared, what will be shared, who will
see their information, the purpose to which it will be put and the implications of sharing that
information.
475 </p>
476 <p>
476 If consent is refused, the current fostering service or adoption agency should consider whether
there is any information in the records that is a cause for concern. Any information about an
applicant's conduct or suitability to foster/adopt that has caused concern should be shared even
if the individual has refused consent. If there are no such concerns, and the individual has
refused consent, information should not be shared. This may require documents to be redacted to
remove information relating to individuals who have refused consent.
476 </p>
477 <p>
477 Requests for access to information should be accompanied by the written consent of the applicant
to the sharing of their information.
477 </p>
478 <h4>
478 4.3 Timescales
479 </h4>
480 <p>
480 The receiving service should acknowledged the request within two working days, seek consent from
all others referred to in the information within five working days and the information, redacted
where necessary, should be provided within 15 working days.
480 </p>
481 <h3 id="stage2">
481 5. Stage 2 – The Assessment Process
481 </h3>
482 <h4>
482 5.1 Purpose and Process
483 </h4>
484 <p>
484 Where the Pre-Assessment Decision is that the prospective adopter might be suitable to adopt a
child, and they have notified the agency that they wish to proceed, the application then proceeds
to Stage Two of the process - the assessment process.
484 </p>
485 <p>
485 Stage Two is about intensive assessment. Having attended intensive training an assessment should
then be carried out of the prospective adopter's suitability to adopt and a report produced of
that assessment.
485 </p>
486 <p>
486 This stage should begin with a meeting between the prospective adopter and the allocated social
worker. The social worker should explain how Stage Two will operate and what will be required of
the prospective adopter. The social worker should explain the decision-making process and the role
of the Adoption Panel and the Independent Review Mechanism. A stage 2 agreement should be
completed and signed at this meeting.
486 </p>
487 <p>
487 A decision must be reached as to whether the prospective adopter is suitable to adopt a child
within four months of the date on which the agency received the prospective adopter's notification
that they wish to proceed with the assessment process (six months if there are exceptional
circumstances). Reasons for any extensions should be recorded on the prospective adopter's case
file.
487 </p>
488 <p>
488 Stage Two will end with the Agency Decision Maker's decision about the suitability of the
prospective adopter to adopt a child.
488 </p>
489 <h4>
489 5.2 Prospective Adopter Assessment Agreement
490 </h4>
491 <p>
491 A written agreement must be entered into with the prospective adopter ('the Stage 2 agreement')
which must include the following:
491 </p>
492 <ul>
493 <li>
493 The procedure for assessing the prospective adopter's suitability to adopt a child;
493 </li>
494 <li>
494 Any applicable timescales;
494 </li>
495 <li>
495 The arrangements for the prospective adopter to receive any additional counselling or
preparation for adoption;
495 </li>
496 <li>
496 Details of any training that the prospective adopter has completed or agreed to undertake; and
496 </li>
497 <li>
497 Any other matters which the agency considers relevant.
497 </li>
498 </ul>
499 <h4 id="assessment">
499 5.3 Assessment
500 </h4>
501 <p>
501 In conducting the assessment, the social worker should analyse and consider the information they
ascertain from and about the prospective adopter, including any issues identified during the
adoption preparation. The approach should be objective and inquiring, with information evaluated
and its accuracy and consistency checked. The assessment must be carried out by a qualified social
worker with suitable experience (see
501 <a href="p_adop_panel.html#reports_adop">
501 Adoption Panel Procedure, Reports to Adoption Panel
501 </a>
501 ).
501 </p>
502 <p>
502 The assessment will comprise a series of interviews, the majority of which will take place in the
applicants' home. Applicants should be interviewed at least once both individually and with their
partner, and all other members of the household will also be interviewed, including the children.
502 </p>
503 <p>
503 The areas covered in interviews will follow the subject areas:
503 </p>
504 <ul>
505 <li>
505 Individual profiles of all members of the household, including a photograph and physical
description, racial origin, cultural and linguistic background, religious persuasion,
personality and interests, relationship (if any) to the child;
505 </li>
506 <li>
506 Information about the home, the local community and the neighbourhood;
506 </li>
507 <li>
507 Details of education and employment - past and present;
507 </li>
508 <li>
508 Income and expenditure;
508 </li>
509 <li>
509 Details of past and present relationships;
509 </li>
510 <li>
510 Motivation to adopt/childlessness;
510 </li>
511 <li>
511 Parenting capacity, experience of being parented and experience with children;
511 </li>
512 <li>
512 Support network, including wider family network;
512 </li>
513 <li>
513 Views and feelings about adoption and its significance, attitudes to birth families and approach
to openness in adoption and contact;
513 </li>
514 <li>
514 Views about parental responsibility and what it means;
514 </li>
515 <li>
515 Views about a suitable home environment for the child;
515 </li>
516 <li>
516 Views about the importance and value of education;
516 </li>
517 <li>
517 Views and feelings about the importance of a child's religious and cultural upbringing;
517 </li>
518 <li>
518 Any other information which indicates how the prospective adopter and anybody else living in the
household is likely to relate to a child placed for adoption;
518 </li>
519 <li>
519 Any other relevant information which might assist the adoption panel or the adoption agency.
519 </li>
520 </ul>
521 <p>
521 As part of the assessment:
521 </p>
522 <ul>
523 <li>
523 A family tree and Chronology of key events in the applicant's life from birth must be compiled,
showing his or her educational, employment, marital and/or relationship history and addresses
for the previous 10 years; any gaps and/or unusual patterns should be explored;
523 </li>
524 <li>
524 All information provided by the applicant must be independently verified where possible, by
checking it against other sources such as referees. See "
524 <a
href="http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publ
ications/eOrderingDownload/00193-2006BKL-EN.pdf" target="_blank" rel="noopener">
524 Preparing and Assessing Prospective Adopters", Practice Guidance
524 </a>
524 (Chapter 2);
524 </li>
525 <li>
525 Where an applicant has been divorced or separated, factors contributing to the breakdown of the
relationship should be verified. This applies equally to significant relationships between
couples who are not married;
525 </li>
526 <li>
526 The adequacy and safety of the prospective adoptive home and transport will be assessed;
526 </li>
527 <li>
527 Where the applicants have pets, a risk assessment should be conducted and any associated risks
should be taken into account with regard to the pet itself and where the pet is kept. Where
necessary, an independent assessment should be undertaken by a vet to establish whether the dog
falls within the scope of the Dangerous Dogs Act 1991.
527 </li>
528 </ul>
529 <p>
529 The assessment will consider the likely need for adoption support services of the prospective
adopters and any member of their family - see Adoption Support Services. As part of this, the
family's finances and the criteria for financial support should also be discussed.
529 </p>
530 <p>
530 Where the prospective adopters live in another local authority area, the social worker should
ascertain the extent of any support services identified as necessary in their local area.
530 </p>
531 <p>
531 The assessment will also cover the applicants' willingness to notify the adoption agency if the
adopted child dies during childhood or soon afterwards, their views on post-placement and
post-adoption contact and their willingness to pass on information to birth parents about the
progress of the adopted child. These issues should be specifically reported on to the
Adoption Panel.
531 </p>
532 <h4>
532 5.4 Fostering for Adoption
533 </h4>
534 <p>
534 Discussion should take place with the prospective adopter about whether they may be interested in
fostering a child for whom adoption is thought to be a likely outcome. This can be where, although
the child's plan is likely to become adoption, other options have not yet been ruled out for that
child. There is no need for the agency to assess and approve the prospective adopter as a
temporary foster carer at the same time as they are carrying out the adopter approval process
although they can do so if they and the prospective adopter wish to do so. The child's local
authority can arrange for the foster care assessment and approval of an approved adopter.
534 </p>
535 <p>
535 The agency should indicate on the Prospective Adopter's Report if the prospective adopter is
interested in Fostering For Adoption. This will allow prospective adopters to be matched with a
child requiring a Fostering for Adoption placement.
535 </p>
536 <p>
536 Fostering for Adoption carers have access to an appropriate supplementary/specific preparation
session as well as the usual preparation and training package available to all adopters and it is
an exception that they attend this training if considering foster to adopt. Meeting other adopters
who have experience of these types of placements is an important part of this preparation. There
should be appropriate exploration of the capacity of the foster carers/prospective adopters to
manage the emotional and practical tasks of being foster carers until and if placement for
adoption is agreed by the court. It is important to ensure that carers are fully informed about
the nature of the placement, their role in that placement as foster carers and their understanding
of the possibility of the court deciding to pursue an alternative plan to adoption.
536 </p>
537 <h3 id="fast_track">
537 6. Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt
537 </h3>
538 <p>
538 The requirements are modified for applicants who are approved foster carers or previous adopters.
(This does not apply to Connected Persons or to prospective adopters given temporary approval as
foster carers, under the Care Planning, Placement and Case Review (England) Regulations 2010 (as
amended).
538 </p>
539 <p>
539 There is no requirement to carry out police checks or to gather the specified information in
relation to the prospective adopter and their household, unless it is considered to be
necessary. The need for such checks and references should be assessed in each individual
case. This may depend on the time since approval and, in the case of foster carers, the time since
a child was placed with them.
539 </p>
540 <p>
540 There is no requirement to provide counselling, information and preparation for adoption.
540 </p>
541 <p>
541 The preliminary Pre-Assessment Decision stage is not necessary, and the assessment process
progresses straight to preparation of the Prospective Adopter's Report.
541 </p>
542 <p>
542 Any necessary additional training should be provided, such as where the prospective adopters are
seeking to adopt a child with needs which are very different to those of the child they have
fostered/adopted.
542 </p>
543 <p>
543 The decision as to whether the prospective adopter is suitable to adopt a child must be made
within four months of the date on which the prospective adopter registered their interest in
adopting a child. This includes the time taken to access information from adoption agencies and
fostering services which have 15 working days to provide such information.
543 </p>
544 <h3 id="prosp_adop">
544 7. Prospective Adopter's Report
544 </h3>
545 <p>
545 The information gathered during Stage One (the pre-assessment stage) and Stage Two (the assessment
stage), including the checks and personal references, will form the basis of the Prospective
Adopter's Report, together with any other relevant information.
545 </p>
546 <p>
546 The social worker who assesses the prospective adopter should draft the Prospective Adopter's
Report highlighting any issues of concern and submit it to their team manager. Where there are any
issues of significant concern or where clarification is needed, the manager may arrange for a
second person to visit the prospective adopter to discuss these but must remain mindful of the
time frame for Stage Two. The second person could be a team manager or another adoption social
worker. A visit by another person provides a second opinion where necessary before the report to
the panel is finalised in cases where clarification is needed but should not be routinely carried
out. The author of the report and the countersigning officer should both sign and date the report,
state their qualifications and experience, and confirm that they are suitably qualified to prepare
the report.
546 </p>
547 <p>
547 Where information received during the assessment leads the agency to consider that the prospective
adopter is unlikely to be considered suitable to adopt a child, a 'brief Prospective Adopter's
Report' may be prepared regardless of whether or not all the required assessment information has
been obtained. A decision not to complete the full assessment is a serious step to take and advice
should first be sought from the social work team leader or line manager. Depending on the nature
of the information, advice may also need to be sought from the agency's medical adviser or legal
adviser, or both. The concerns should be explained to the prospective adopter and they should be
offered counselling, involving other professionals as appropriate. As a result of the counselling
and advice, the prospective adopter may decide to withdraw their application. If they decide not
to withdraw their application, the brief prospective adopter's report should be prepared.
547 </p>
548 <p>
548 The report will also include a summary by the Medical Adviser of the health report obtained on the
applicant/s.
548 </p>
549 <p>
549 The Report will include the agency's assessment of the prospective adopter's suitability to adopt.
549 </p>
550 <p>
550 Reports should address anti-discriminatory practice issues. It should contain a summary of the
assessed strengths and weaknesses of the applicants, together with an opinion of the type of
placement likely to be provided successfully. Potential risk factors should be highlighted.
550 </p>
551 <p>
551 When the Prospective Adopter's Report is finalised, a copy should be sent to the applicants, and
they must be notified that the application is to be referred to the Adoption Panel. The applicants
should be invited to send any observations in writing within 5 working days, beginning with the
date on which the notification was sent. (This timescale may be extended in exceptional
circumstances.) At the end of the 5 working days (or, where that timescale is extended by the
adoption agency, as soon as possible after the prospective adopter's observations are received)
the following must be sent to the Adoption Panel:
551 </p>
552 <ul>
553 <li>
553 The Prospective Adopter's Report and the prospective adopter's observations thereon;
553 </li>
554 <li>
554 Where the Agency Medical Adviser so advises, the medical report on the prospective adopter;
554 </li>
555 <li>
555 References;
555 </li>
556 <li>
556 Where applicable, relevant information received from the prospective adopter's home local
authority; and
556 </li>
557 <li>
557 Any other relevant information obtained by the agency.
557 </li>
558 </ul>
559 <p>
559 At the end of the 5 working days (or, where that timescale is extended by the adoption agency, as
soon as possible after the prospective adopter's observations are received), the social worker
will send the Prospective Adopter's Report, the applicants' written comments (if any); where the
Agency Medical Adviser so advises, a full health report; the report on the interviews with the
referees; the report from the local authority for the area where the applicant lives (if they live
in a different local authority area) and any other relevant documents, to the Panel Administrator.
559 </p>
560 <p>
560 The date of the Adoption Panel meeting will be communicated to the applicants as soon as possible,
together with an invitation to attend the Panel during consideration of the report.
560 </p>
561 <p>
561 The applicants should also be advised of their right to attend the meeting of the Adoption Panel,
which considers their application. They should be provided with written information about the
Panel process, its membership, who will attend and their respective roles. If the applicants know
a particular Panel member, the applicants may request that the Panel member stand down. (Panel
members are in any event expected to declare an interest in these circumstances - see
561 <a href="p_adop_panel.html">
561 Adoption Panel Procedure
561 </a>
561 .)
561 </p>
562 <h3 id="panel_recomm">
562 8. The Panel Recommendation
562 </h3>
563 <p>
563 The assessing social worker will attend the Panel meeting (and his or her manager where
appropriate), together with the applicants if they so wish. The decision to attend rests with the
applicants and a wish not to attend will not prejudice consideration of their application.
563 </p>
564 <p>
564 Applicants who decide they wish to attend should be fully prepared as to the procedure prior to
their attendance (see
564 <a href="#prosp_adop">
564 Section 7, Prospective Adopter's Report
564 </a>
564 ).
564 </p>
565 <p>
565 The Panel will consider the Prospective Adopter's Report together with all the supporting
documentation (see
565 <a href="#prosp_adop">
565 Section 7, Prospective Adopter's Report
565 </a>
565 ), and make a recommendation to the
565 <a href="files/sod_decision_making.pdf" target="_blank" rel="noopener">
565 Agency Decision Maker (Adoption)
565 </a>
565 regarding the suitability of the applicant to adopt a child. The Panel may request the agency to
obtain any other relevant information which it considers necessary, and may obtain legal advice as
it considers necessary in relation to the case.
565 </p>
566 <p>
566 Where, during the Stage Two Assessment stage, the agency was of the opinion that the prospective
adopter is unlikely to be suitable to adopt, and prepared a brief Prospective Adopter's Report
without having obtained all the assessment information, then the Adoption Panel must
566 <span class="bold">
566 either
566 </span>
566 request the preparation of a full Prospective Adopter's Report having obtained all the assessment
information,
566 <span class="bold">
566 or
566 </span>
566 recommend that the prospective adopter is not suitable to adopt.
566 </p>
567 <p>
567 The recommendation will be recorded in writing and, where approval is recommended, the record will
include any advice given about the number of children the prospective adopter may be suitable to
adopt, their age range, sex, likely needs and background.
567 </p>
568 <p>
568 Reasons for the recommendations and any advice as set out above will also be recorded in the
Panel's minutes.
568 </p>
569 <p>
569 The adoption worker undertaking the assessment will advise the applicant of the Panel
recommendation within 24 hours of the Panel meeting. This will be verbally, by telephone or, where
appropriate, a home visit.
569 </p>
570 <h3 id="after_panel_recomm">
570 9. After the Panel Recommendation
570 </h3>
571 <p>
571 The decision as to whether the prospective adopter is suitable to adopt a child must be made
within four months of the date on which the agency received the prospective adopter's notification
that they wished to proceed with the assessment process.
571 </p>
572 <p>
572 The decision may be delayed:
572 </p>
573 <ul>
574 <li>
574 Where there are exceptional circumstances which mean that the decision cannot be made within
that time; or
574 </li>
575 <li>
575 Upon the request of the prospective adopter.
575 </li>
576 </ul>
577 <p>
577 If the decision is delayed, the reasons must be recorded on the prospective adopter's case record,
along with supporting evidence.
577 </p>
578 <p>
578 The Agency Decision Maker (Adoption) will make a decision as to the suitability of the applicant,
and express a view on any Panel advice given, based on the reports presented to the Adoption Panel
and the minutes detailing the Panel's recommendation and advice.
578 </p>
579 <p>
579 Where the Agency Decision Maker (Adoption) is minded to disagree with the Panel recommendation,
he/she must first discuss the case with another senior officer with relevant experience, who must
not be a Panel member, before arriving at a final decision. This discussion must be recorded and
placed on the child's and the prospective adopter's Adoption Case Record.
579 </p>
580 <p>
580 The decision must be made within 7 working days of the Adoption Panel meeting and must be
recorded, together with reasons.
580 </p>
581 <p>
581 The Panel Administrator will arrange for the applicants to be sent oral notification of the
decision within 2 working days and written notice of the decision, signed by the Agency Decision
Maker (Adoption), within 5 working days of the decision. See
581 <a href="#appA">
581 Appendix A: Standard Decision Letter – Not Suitable to Adopt
581 </a>
581 .
581 </p>
582 <p>
582 Where the decision is to approve the prospective adopter, they should be provided with information
which explains the process of matching and the role of the
582 <span class="category">
582 Regional Adoption Agency (details to follow)
582 </span>
582 .
582 </p>
583 <p>
583 Where the decision differs from the recommendation of the Adoption Panel, a copy of the Panel
recommendation will be sent to the applicant/s with the written notification of the decision.
583 </p>
584 <p>
584 All successful applicants will be allocated an adoption link worker whose task is to support the
adopters through the period of waiting for a placement, identify any further training needs,
arrange updated medical examinations as requested by the Medical Adviser, consider any potential
matches and discuss any such matches with the approved adopters before a match is presented to the
Adoption Panel. The adoption link worker will visit at least once every 8 weeks, this should be
arranged in consultation with the adopters.
584 </p>
585 <p>
585 Approved adopters will be asked to be available for children from the local authority area in need
of an adoptive placement, after which they will be informed of and referred to the Regional
Consortium/other adoption agencies
585 <span class="category">
585 Regional Adoption Agency (details to follow)
585 </span>
585 with children waiting for placements, with their consent. They will be advised of their right to
register with Adoption Link Maker.
585 </p>
586 <p>
586 They will also be informed of local support groups and be advised of their responsibility to
maintain links with the adoption link worker and keep him or her informed of any significant
changes in their situation.
586 </p>
587 <p>
587 Approved prospective adopters should be encouraged to identify children they might be suitable to
adopt. This can be through attending Adoption Activity and Exchange Days, viewing publications
such as
587 <span class="italic">
587 Children Who Wait
587 </span>
587 and subscribing to Link Maker.
587 </p>
588 <h3 id="represent_inde">
588 10. Representations / Independent Review Procedure
588 </h3>
589 <p>
589 If a decision is made not to approve an application, the applicant will be advised that if he or
she wishes to challenge the decision, representations should be submitted within 40 working days
either directly to the agency or they may request a referral to the Independent Review Mechanism.
589 <span class="bold">
589 N.B.
589 </span>
589 Applicants can decide which representation procedure to choose - they cannot choose both. The
prospective adopter will also be able to raise general concerns about the process with the
First4Adoption.
589 </p>
590 <p>
590 After the 40 working day period has expired, the Agency Decision Maker must proceed to make a
decision on the suitability of the prospective adopter to adopt.
590 </p>
591 Where the agency receives representations from the prospective adopter within 40 working days, the
Agency Decision Maker may consider the representations and may invite the prospective adopter to
meet to discuss their case. The Agency Decision Maker may, instead, refer the case to the adoption
panel for further consideration. Where the case is referred to the panel, the panel must consider
the case again and make a fresh recommendation as to the suitability of the prospective adopter to
adopt a child. The prospective adopter must be invited to attend the panel meeting to answer any
questions the adoption panel may have.
592 <p>
592 The Panel Administrator will advise the applicant within 7 days of the date of the Panel meeting
when they can attend or their written representations will be considered.
592 </p>
593 <p>
593 In these circumstances, applicants who wish to attend the meeting of the Adoption Panel can
arrange for a friend or supporter to accompany them.
593 </p>
594 <p>
594 After considering the representations, the Panel will make further recommendations either
confirming or amending their previous views, which the Agency Decision Maker will consider before
a final decision is made.
594 </p>
595 Written notice of the final decision, together with reasons, must be sent to the applicant as soon
as possible after the decision and, in any event, within 7 working days of the Panel meeting. A
copy of the Adoption Panel's further recommendation must also be sent, if different from the
decision.
596 <p>
596 Where the decision is still to refuse the application, a copy of the report to the Panel, the
Panel's recommendation and the decision, with reasons, must be retained on the applicant's
Adoption Case Record.
596 </p>
597 <p>
597 If the applicant decides to refer the matter to an Independent Review, the relevant Panel reports,
any new information obtained since the Panel meeting, a record of the decision made and reasons, a
copy of the written notification of the decision and a copy of the Panel minute, if different,
will be sent to the Independent Review within 10 working days of their written request (see also:
597 <a href="https://www.gov.uk/government/publications/attending-an-irm-panel-information-sheets"
target="_blank" rel="noopener">
597 Attending an IRM panel: information sheets, (GOV.UK)
597 </a>
597 ).
597 </p>
598 <p>
598 The procedure for the Independent Review Mechanism is carried out by Coram Children's Legal Centre
on behalf of the Department for Education (see
598 <a href="https://www.gov.uk/government/organisations/independent-review-mechanism/about"
target="_blank" rel="noopener">
598 IRM England website
598 </a>
598 ); the applicant and a representative of the adoption agency will be invited to attend the
Independent Review.
598 </p>
599 <p>
599 After considering the representations, the Independent Review may make a recommendation, which the
599 <a href="files/sod_decision_making.pdf" target="_blank" rel="noopener">
599 Agency Decision Maker
599 </a>
599 will consider before a final decision is made.
599 </p>
600 <p>
600 Written notice of the final decision, together with reasons, must be sent to the applicant as soon
as possible after the decision and, in any event, within 7 working days of the receipt of the
Independent Review recommendation.
600 </p>
601 <p>
601 A copy of the report to the Panel, the Panel's recommendation and the decision to refuse an
application must be retained on the applicant's Adoption Case Record.
601 </p>
602 <p>
602 In respect of a case referred to the independent review panel, the Secretary of State must also be
given written notification of the decision.
602 </p>
603 <h3 id="timescale">
603 11. Timescales
603 </h3>
604 <ul>
605 <li>
605 Where a potential applicant requests more
605 <span class="bold">
605 detailed information
605 </span>
605 about adoption, this information should be provided within
605 <span class="bold">
605 ten working days
605 </span>
605 ;
605 </li>
606 <li>
606 Where a potential adopter formally
606 <span class="bold">
606 registers an interest
606 </span>
606 in adopting a child, a decision should be reached within
606 <span class="bold">
606 five working days
606 </span>
606 from receipt of the registration of interest whether or not to accept this, unless there are
exceptional circumstances which mean that longer is needed;
606 </li>
607 <li>
607 The adoption agency must gather Stage One information and make a
607 <span class="bold">
607 pre-assessment decision
607 </span>
607 as to whether the prospective adopter may be, or is not, suitable to adopt a child, within a
period of
607 <span class="bold">
607 eight weeks
607 </span>
607 from the date on which the prospective adopter registered their interest in adopting a child
(unless there are good reasons to extend that time period.) If the time period is extended, the
reasons must be recorded on the prospective adopter's case record, along with supporting
evidence;
607 </li>
608 <li>
608 Where the pre-assessment decision (Stage One) is that the prospective adopter might be suitable
to adopt a child, the prospective adopter has
608 <span class="bold">
608 six months
608 </span>
608 in which to notify the agency if they wish to proceed to Stage Two – the Assessment Stage;
608 </li>
609 <li>
609 The
609 <span class="bold">
609 decision
609 </span>
609 as to whether the prospective adopter is suitable to adopt a child must be made within
609 <span class="bold">
609 four months
609 </span>
609 of the date on which the agency received the prospective adopter's notification that they wish
to proceed with the assessment process (six months if there are exceptional circumstances);
609 </li>
610 <li>
610 Under the
610 <span class="bold">
610 fast-track procedure
610 </span>
610 for approved foster carers and previous adopters who wish to adopt, the decision as to whether
the prospective adopter is suitable to adopt a child must be made within
610 <span class="bold">
610 four months
610 </span>
610 of the date on which the prospective adopter registered their interest in adopting a child.
610 </li>
611 </ul>
612 <h3 id="caserec">
612 12. Prospective Adopter's Case Record
612 </h3>
613 <p>
613 A prospective adopter's case record must be set up as soon as the registration of interest is
accepted. It must contain:
613 </p>
614 <ul>
615 <li>
615 The Prospective Adopter Stage One Plan;
615 </li>
616 <li>
616 The information and reports obtained by the agency;
616 </li>
617 <li>
617 The prospective adopter assessment plan;
617 </li>
618 <li>
618 The prospective adopter's report and the prospective adopter's observations on that report;
618 </li>
619 <li>
619 The written record of the proceedings of the adoption panel, its recommendation, the reasons for
the recommendation and any advice given by the panel to the agency;
619 </li>
620 <li>
620 The record of the agency's decision;
620 </li>
621 <li>
621 The recommendation of any independent review panel;
621 </li>
622 <li>
622 Where applicable, the prospective adopter's review report and the prospective adopter's
observations on that report;
622 </li>
623 <li>
623 The prospective adopter matching plan; and
623 </li>
624 <li>
624 Any other documents or information obtained by the agency which it considers should be included
in the case record.
624 </li>
625 </ul>
626 <p>
626 Information which has been obtained from the Disclosure and Barring Service (DBS) should be
retained on the Prospective Adopter's Case Record for a limited time only. This information should
be destroyed when the decision has been made as to whether the prospective adopter is suitable to
adopt a child. It should be noted on the Prospective Adopter's Case Record that the DBS
information has been destroyed and that this information had led the agency to form a particular
view, without citing the information itself.
626 </p>
627 <h3 id="matching">
627 13. Prospective Adopter Matching Plan
627 </h3>
628 <p>
628 Where a prospective adopter has been approved as suitable to adopt a child, a Prospective Adopter
Matching Plan, must be prepared, in consultation with the prospective adopter, which includes:
628 </p>
629 <ul>
630 <li>
630 Information about the duties of the adoption agency in respect of placements and reviews;
630 </li>
631 <li>
631 Information about the role of the prospective adopter in identifying a child for whom they would
be an appropriate adopter;
631 </li>
632 <li>
632 Information about the process for making a representation (including a complaint); and
632 </li>
633 <li>
633 Any other matters that the agency consider relevant.
633 </li>
634 </ul>
635 <h3 id="review_prosp">
635 14. Review of Prospective Adopters' Approval
635 </h3>
636 <p>
636 The Adoption Service Manager will review the adopters' approval at least annually by means of a
report from the adoption link worker, together with any comments on the report from the
prospective adopters. Where the review identifies the need for a change of approval, the adoption
link worker must prepare a Prospective Adopter's Review Report for this purpose. The prospective
adopter should be given a copy and given 10 working days to comment before arrangements are made
for the report to be presented to the Panel.
636 </p>
637 <p>
637 The procedure set out in
637 <a href="#panel_recomm">
637 Section 8, The Panel Recommendation
637 </a>
637 and
637 <a href="#after_panel_recomm">
637 Section 9, After the Panel Recommendation
637 </a>
637 above should then be followed.
637 </p>
638 <p>
638 If the approval is still considered suitable, the prospective adopters should be notified in
writing and a copy of the reports, minutes, decision and notification placed on their Adoption
Case Record.
638 </p>
639 <p>
639 If the prospective adopters are considered no longer suitable, the same procedure should be
followed as set out in
639 <a href="#represent_inde">
639 Section 10, Representations / Independent Review Procedure
639 </a>
639 .
639 </p>
640 <h3 id="criteria_prosp">
640 15. Criteria for Prospective Adopters
640 </h3>
641 <p>
641 An individual or couple cannot apply for an assessment of their suitability to adopt unless they
meet, or would meet, the eligibility criteria to apply for an Adoption Order. The criteria are
that:
641 </p>
642 <ul>
643 <li>
643 The prospective adopter(s) is at least 21 years old;
643 </li>
644 <li>
644 At least one of the couple or the single prospective adopter is domiciled in a part of the
British Islands or both of the couple or the single prospective adopter have been habitually
resident in a part of the British Islands for a period of not less than one year ending with the
date of the application for an adoption order; and
644 </li>
645 <li>
645 Neither prospective adopter(s) nor an adult member of their household has been convicted or
cautioned in respect of a specified offence.
645 </li>
646 </ul>
647 <h4>
647 15.1 Individual and Joint
648 </h4>
649 <p>
649 Applications will be considered from married couples, civil partners, unmarried couples or single
people. In the case of joint applications, there is no minimum requirement on the length of the
marriage/civil partnership/relationship, but the Panel will need to be satisfied about the
stability of the relationship.
649 </p>
650 <h4>
650 15.2 Religion
651 </h4>
652 <p>
652 Applications will be considered from people of any or no religious persuasion.
652 </p>
653 <h4>
653 15.3 Ethnicity
654 </h4>
655 <p>
655 Applications will be considered from people of any race or culture.
655 </p>
656 <p>
656 The ability of a potential adopter to meet the needs of a child related to their religion,
language and other characteristics associated with their and the potential adopter's
'ethnicity' can be a relevant consideration in determining the appropriate match for a child. In
some rare cases, it may be an important consideration. A prospective adopter should be considered
able to parent a child with whom they do not share the same ethnicity, provided they can meet the
child's most important identified needs throughout the child's childhood. The agency must provide
them with flexible and creative support. This applies equally whether a child is placed with a
black or minority ethnic family, a white family, or a family which includes members of different
ethnic origins. Only in very exceptional circumstances should matching a child with prospective
adopters be delayed solely on the grounds that the available prospective adopters cannot meet all
the child's needs arising from their racial or cultural background. A prospective adopter can be
matched with a child with whom they do not share the same ethnicity, if they can respect, reflect
or actively develop a child's racial identity from the point they are matched and as they develop
throughout their childhood. The prospective adopter needs to demonstrate that they fully
understand that having a child from a different ethnic group will present a number of challenges,
not least that there may be visible differences that can affect a child's self-esteem and increase
their possible feelings of difference. For example, the child may have to deal with questions from
their peers about why they are 'different' to their family.
656 </p>
657 <h4>
657 15.4 Age
658 </h4>
659 <p>
659 The minimum age for adopters is 21 years. There is no specific upper age limit. Older and more
experienced people could take on the care of older children, provided they will have the health
and vigour to meet the child's varied demands in their growing years and to be there for them into
adulthood. Age is also not necessarily linked to general health, fitness and emotional wellbeing.
The agency's medical adviser should investigate and obtain relevant information about a
prospective adopter's health in order to be satisfied that they are able to take on the task of
adopting a child and have the expectation of caring for the child through childhood and into
adulthood.
659 </p>
660 <h4>
660 15.5 Gender
661 </h4>
662 <p>
662 Applications will be considered from people of either sex.
662 </p>
663 <h4>
663 15.6 Sexual Orientation
664 </h4>
665 <p>
665 Applications will be considered from people of any sexual orientation.
665 </p>
666 <h4>
666 15.7 Income
667 </h4>
668 <p>
668 Applicants may be in work or not. Whatever the applicants' income, they will need to consider the
financial implications of increasing their family.
668 </p>
669 <h4>
669 15.8 Health
670 </h4>
671 <p>
671 Applicants will be required to have a full medical and undergo any further tests/checks that may
be required by the Adoption Panel's Medical Adviser. The Medical Adviser will advise on the
applicants' ability, from a health point of view, to meet the needs of a child throughout his or
her childhood.
671 </p>
672 <p>
672 A child under the age of 5 years or a child vulnerable to chest complaints would not be placed in
a household where one or both parents are smokers.
672 </p>
673 <h4 id="eleven_nine">
673 15.9 Criminal Convictions
674 </h4>
675 <p>
675 A person who is seeking approval as an adoptive parent will not be considered if s/he or any adult
member of the household has been cautioned for or convicted of an offence against a child which
involves violence or bodily injury (other than common assault or battery), cruelty (to a child
under 16), indecency, abduction, the supply of Class A drugs or the importation/possession of
indecent photographs of a child under 16 or a sexual offence against a child unless the offence
was contrary to sections 6,12 or 13 of the Sexual offences Act 1956 and the person concerned was
under 20 when the offence was committed.
675 </p>
676 <p>
676 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. In cases of doubt or dispute, the
matter will be referred to the Adoption Service Manager who may also consult the Panel Adviser
and/or the
676 <a href="files/sod_decision_making.pdf" target="_blank" rel="noopener">
676 Agency Decision Maker (Adoption)
676 </a>
676 .
676 </p>
677 <h4>
677 15.10 Accommodation
678 </h4>
679 <p>
679 Applicants may own their own home or live in rented accommodation. They will have to demonstrate
that they have a secure home environment in which to bring up a child.
679 </p>
680 <p>
680 They will need accommodation appropriate to the number and ages of the children they are seeking
to adopt.
680 </p>
681 <h4>
681 15.11 Fertility Tests/Treatment
682 </h4>
683 <p>
683 Childless couples wishing to adopt will usually be required to have completed any fertility tests
and treatment, and to have had a period of time, usually about 6 months, since completing the
tests before an application can be accepted. This is because it is important for couples to have
accepted their infertility and grieved before moving on to start the adoption process.
683 </p>
684 <h4>
684 15.12 Applicants who have a Child or Children
685 </h4>
686 <p>
686 Applications will be accepted from people who already have a child, in which case any children
should usually be at least two years older or younger than the age of the child an applicant is
seeking to adopt. If the intention is to adopt a child in the middle of the family, there should
be a three year age gap between the siblings.
686 </p>
687 <h4>
687 15.13 Domicile/Habitual Residence in the British Isles
688 </h4>
689 <p>
689 Applicants do not have to have British Citizenship, but should have their Domicile or Habitual
Residence in the British Isles. Where there is a joint application, only one of the applicants
need to be domiciled in the British Isles or both should be habitually resident here. In all these
cases it is essential to see all relevant documents in order to fully establish nationality and
immigration status.
689 </p>
690 <p>
690 Where there is doubt, potential applicants should be asked to seek independent advice.
690 </p>
691 <h4>
691 15.14 Location
692 </h4>
693 <p>
693 Applications are welcome from those who reside within the borough or elsewhere.
693 </p>
694 <p>
694 Applicants must be prepared to travel for group meetings, introductions etc. and be available for
assessment and home visits.
694 </p>
695 <h4>
695 15.15 Child Care Experience
696 </h4>
697 <p>
697 It is important that the applicant who is going to be the main carer has some experience of
children of the age group in which the applicants are interested.
697 </p>
698 <h4>
698 15.16 Support Network
699 </h4>
700 <p>
700 Applicants will need to demonstrate that they have accessible and established support networks of
family and friends who will be in a position to provide support with parenting.
700 </p>
701 <h4>
701 15.17 Post Placement/Post Adoption Contact
702 </h4>
703 <p>
703 Prospective adopters will be expected to comply with arrangements for post placement/post adoption
contact with the child's birth family, where the agency considers it is in the child's best
interests for such contact to take place.
703 </p>
704 <h3 id="appA">
704 Appendix A: Standard Decision Letter – Not Suitable to Adopt
704 </h3>
705 <p>
705 I am writing to tell you that having considered your application to become an adoptive parent and
the recommendation of the adoption panel, this agency does not propose to approve you as suitable
to be an adoptive parent. This is because [
705 <span class="italic">
705 insert full and detailed reasons so that the prospective adopter understands fully why they are
considered unsuitable to adopt a child. Include a copy of the adoption panel's recommendation if
different - See chapter 1] (this is referred to in this letter as “the
determination”).
705 </span>
705 </p>
706 <p>
706 I know this will be disappointing news for you but before this determination is implemented, you
may:
706 </p>
707 <ol style="list-style-type:lower-alpha">
708 <li>
708 Accept the determination; or
708 </li>
709 <li>
709 Make written representations to this agency; or
709 </li>
710 <li>
710 Apply for the determination to be reviewed by an independent review panel.
710 </li>
711 </ol>
712 <h4>
712 Option a – Accept the determination
713 </h4>
714 <p>
714 It would be helpful if you could advise me, within 40 working days from the date of this letter,
if this is your preferred option. The determination will be confirmed and a formal decision will
be sent to you.
714 </p>
715 <h4>
715 Option b - Representations to the agency
716 </h4>
717 <p>
717 If you choose to make representations to this agency, these must be in writing and be received at
this office within 40 working days from the date of this letter. On receipt, I may consider your
case again or refer it and your written representations to the adoption panel to consider and to
make a fresh recommendation to me. If I do refer your case to the adoption panel you will be
invited to attend the panel meeting to answer any questions the adoption panel may have. If I
reconsider your case I may invite you to meet me to discuss your case. If I do refer your case to
the adoption panel, I will take its recommendation into account when I make the final decision on
your suitability to adopt.
717 </p>
718 <h4>
718 Option c – Application to an independent review panel for a review
719 </h4>
720 <p>
720 If you wish to apply to the independent review panel to review the determination, your written
application and your reasons for the application must be received by the administrator to the
independent review panel within 40 working days from the date of this letter. You will be invited
to attend the review panel's meeting. The function of the review panel is to consider your case
anew and to make a fresh recommendation to the agency which will be taken into account alongside
the original adoption panel's recommendation when I make the final decision on your suitability to
adopt. For information on the independent review mechanism (IRM) please see
720 W885 [WCAG21 1.1.1/2.4.4/2.4.9 (A/AAA)] Do not use the URL as link text:
Describe the purpose of a link by providing descriptive text as the content of the <a> element, or provide an 'aria-label' or 'aria-labelledby' attribute. The description lets a user distinguish this link from other links in the Web page and helps the user determine whether to follow the link. The URL of the destination is generally not sufficiently descriptive. See WCAG 2.1 HTML Technique H30. <a href="https://www.gov.uk/government/organisations/independent-review-mechanism" target="_blank"
rel="noopener">
720 https://www.gov.uk/government/organisations/independent-review-mechanism
720 </a>
720 .
720 </p>
721 <p>
721 If I have not heard from either you or the independent review panel's administrator after the
period of 40 working days has expired I will write to you confirming my decision on your
suitability to adopt a child.
721 </p>
722 <p>
722 Further information on adoption can be found at
722 <a href="http://www.first4adoption.org.uk/" target="_blank" rel="noopener">
722 www.first4adoption.org.uk
722 </a>
722 .
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