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143 <td width="94%">
143 <h1 class="h1_chaptertitle">
143 Assessment and Approvals of Prospective Adopters
143 </h1>
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156 <h2 class="h3_subheading_no_underline">
156 RELEVANT GUIDANCE
156 </h2>
157 <p>
157 <a
href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data
/file/270100/adoption_statutory_guidance_2013.pdf" target="_blank" rel="noopener">
157 Adoption Statutory Guidance (revised 1 July 2013)
157 </a>
157 </p>
158 <h3 class="h3_subheading_no_underline">
158 RELATED CHAPTERS
158 </h3>
159 <p>
159 <a href="../client_supplied/pet_pol.doc" target="_blank" rel="noopener">
159 Pet Policy and Guidance for Fostering Households
159 </a>
159 </p>
160 <p>
160 <a href="../pdfs/smoking_policy.pdf" target="_blank" rel="noopener">
160 Foster Carers, Adopters Smoking and Electronic Cigarettes Policy
160 </a>
160 </p>
161 <h3 class="h3_subheading_no_underline">
161 NOTE
161 </h3>
162 <p>
162 There is a shortened process for prospective adopters who have already been approved as foster
carers/adopters – see
162 <a href="#fast_track">
162 Section 6, Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to
Adopt
162 </a>
162 .
162 </p>
163 <p>
163 Milton Keynes is part of a regional adoption agency please see
163 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.adoptionconnects.co.uk/" target="_blank" rel="noopener">
163 https://www.adoptionconnects.co.uk/
163 </a>
163 for information.
163 </p>
164 <h3 class="h3_subheading_no_underline">
164 AMENDMENT
164 </h3>
165 <p>
165 In March 2020, a link was added to Attending an IRM Panel: information sheets. See
165 <a href="#represent_inde">
165 Section 10, Representations / Independent Review Procedure
165 </a>
165 .
165 </p>
166 </div>
167 <h2 class="h2_mainheading">
167 <br />
168 Contents
168 </h2>
169 <ol>
170 <li>
170 <a href="#responding">
170 Recruitment and Responding to Initial Enquiries
170 </a>
170 </li>
171 <li>
171 <a href="#reg_int">
171 Registration of Interest in Adoption
171 </a>
171 </li>
172 <li>
172 <a href="#stage1">
172 Stage One - The Pre-Assessment Process
172 </a>
172 </li>
173 <li>
173 <a href="#sharing">
173 Sharing Information for the Purposes of Foster Carer Assessments
173 </a>
173 </li>
174 <li>
174 <a href="#stage2">
174 Stage Two – The Assessment Process
174 </a>
174 </li>
175 <li>
175 <a href="#fast_track">
175 Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt
175 </a>
175 </li>
176 <li>
176 <a href="#prosp_adop">
176 Prospective Adopter's Report
176 </a>
176 </li>
177 <li>
177 <a href="#panel_recomm">
177 The Panel Recommendation
177 </a>
177 </li>
178 <li>
178 <a href="#after_panel_recomm">
178 After the Panel Recommendation
178 </a>
178 </li>
179 <li>
179 <a href="#represent_inde">
179 Representations / Independent Review Procedure
179 </a>
179 </li>
180 <li>
180 <a href="#timescale">
180 Timescales
180 </a>
180 </li>
181 <li>
181 <a href="#caserec">
181 Prospective Adopter Case Record
181 </a>
181 </li>
182 <li>
182 <a href="#matching">
182 Prospective Adopter Matching Plan
182 </a>
182 </li>
183 <li>
183 <a href="#review_prosp">
183 Review of Prospective Adopter's Approval
183 </a>
183 </li>
184 <li>
184 <a href="#criteria_prosp">
184 Criteria for Prospective Adopters
184 </a>
184 <br />
185 <br />
186 <a href="#appA">
186 Appendix A: Standard Decision Letter – Not Suitable to Adopt
186 </a>
186 </li>
187 </ol>
188 <h2 class="h2_mainheading">
188 <br />
189 1.
189 <a name="responding" id="responding">
189 </a>
189 Recruitment and Responding to Initial Enquiries
189 </h2>
190 <p>
190 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.
190 </p>
191 <p>
191 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.
191 </p>
192 <p>
192 Potential applicants may approach
192 <a href="http://www.first4adoption.org.uk/" target="_blank" rel="noopener">
192 First4 Adoption
192 </a>
192 , or the adoption agency for general information about adoption. This can include, for example,
information on the legal implications of adoption, eligibility criteria (see
192 <a href="#criteria_prosp">
192 Section 15, Criteria for Prospective Adopters
192 </a>
192 ), the characteristics of children awaiting adoption and the approval process.
192 </p>
193 <p>
193 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.
193 </p>
194 <p>
194 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.
194 </p>
195 <p>
195 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.
195 </p>
196 <p>
196 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
196 <a href="http://www.icacentre.org.uk/" target="_blank" rel="noopener">
196 Intercountry Adoption Centre
196 </a>
196 .
196 </p>
197 <p>
197 There is a shortened process for prospective adopters who have already been approved as foster
carers/adopters – see
197 <a href="#fast_track">
197 Section 6, Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to
Adopt
197 </a>
197 .
197 </p>
198 <p>
198 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
198 <a href="p_adop_support.html">
198 Adoption Support Procedure
198 </a>
198 .
198 </p>
199 <p>
199 Basic information about
199 <a
href="http://trixresources.proceduresonline.com/nat_key/keywords/fostering_for_adoption.html"
target="_blank" rel="noopener">
199 Fostering For Adoption
199 </a>
199 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:
199 </p>
200 <ul>
201 <li>
201 What the objectives of Fostering For Adoption are;
201 </li>
202 <li>
202 In what circumstances it might apply;
202 </li>
203 <li>
203 What the process is for becoming a dually approved carer;
203 </li>
204 <li>
204 What the benefits and risks might be.
205 </li>
206 </ul>
207 <h2 class="h2_mainheading">
207 <br />
208 2.
208 <a name="reg_int" id="reg_int">
208 </a>
208 Registration of Interest in Adoption
208 </h2>
209 <p>
209 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
209 <a href="#stage1">
209 Section 3, Stage 1 - The Pre-Assessment Process
209 </a>
209 ). 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:
209 </p>
210 <ul>
211 <li>
211 Name and address of the potential adopters;
211 </li>
212 <li>
212 Authority to commence Stage One checks;
212 </li>
213 <li>
213 Confirmation that the potential adopters have not registered their approval with another agency;
213 </li>
214 <li>
214 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;
214 </li>
215 <li>
215 Questions to ensure the potential adopters meet the eligibility criteria (see
215 <a href="#criteria_prosp">
215 Section 15, Criteria for Prospective Adopters
215 </a>
215 ).
215 </li>
216 </ul>
217 <p>
217 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 First4Adoption or another agency which is currently recruiting.
217 </p>
218 <p>
218 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.
218 </p>
219 <p>
219 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.
219 </p>
220 <p>
220 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 (
220 <a href="#caserec">
220 Section 12, Prospective Adopter Case Record
220 </a>
220 ).
220 </p>
221 <p>
221 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
221 <a href="p_adop_support.html">
221 Adoption Support Procedure
221 </a>
221 .
221 </p>
222 <h2 class="h2_mainheading">
222 <br />
223 3.
223 <a name="stage1" id="stage1">
223 </a>
223 Stage One – The Pre-Assessment Process
223 </h2>
224 <h3 class="h3_subheading_no_underline">
224 3.1 Purpose and Process
224 </h3>
225 <p>
225 Stage One begins when the agency accepts the registration of interest in adoption and should
normally take no more than
225 <span class="bold">
225 two months
225 </span>
225 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
225 <a href="#stage2">
225 Section 5, Stage Two – The Assessment Process
225 </a>
225 ). 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.
225 </p>
226 <p>
226 The agency will explain in detail the Stage One process and what will be required of the
prospective adopter, and will draw up the
226 <a
href="http://trixresources.proceduresonline.com/nat_key/keywords/prospect_adopt_stage_one.html
" target="_blank" rel="noopener">
226 Prospective Adopter Stage One Plan
226 </a>
226 which will set out the responsibilities and expectations of both the prospective adopter and the
agency during Stage One. This Plan must include:
226 </p>
227 <ul>
228 <li>
228 Information about the counselling, information and preparation for adoption to be provided;
228 </li>
229 <li>
229 The procedure for carrying out police checks;
229 </li>
230 <li>
230 Details of any training that the prospective adopter has agreed to undertake;
230 </li>
231 <li>
231 Information about the role of the prospective adopter in the stage one process;
231 </li>
232 <li>
232 Any applicable timescales;
232 </li>
233 <li>
233 Information about the process for making representations (including a complaint); and
233 </li>
234 <li>
234 Any other information that the agency considers relevant.
234 </li>
235 </ul>
236 <p>
236 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.
236 </p>
237 <p>
237 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.
237 </p>
238 <p>
238 Stage One ends with the
238 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/pre_assess_decision.html"
target="_blank" rel="noopener">
238 Pre-Assessment Decision
238 </a>
238 .
238 </p>
239 <h3 class="h3_subheading_no_underline">
239 3.2 Pre-Assessment Information
239 </h3>
240 <p>
240 The following information must be gathered during Stage One.
240 </p>
241 <h4 class="h4_minorheading_no_underline">
241 Information about the prospective adopter
241 </h4>
242 <ul>
243 <li>
243 Name, sex, date and place of birth and address including the local authority area;
243 </li>
244 <li>
244 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;
244 </li>
245 <li>
245 Details of any previous family court proceedings in which the prospective adopter has been
involved;
245 </li>
246 <li>
246 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;
246 </li>
247 <li>
247 Name and address of the prospective adopter’s registered medical practitioner;
247 </li>
248 <li>
248 If the prospective adopter:
249 <ul>
250 <li>
250 Is married, the date and place of the marriage;
250 </li>
251 <li>
251 Has formed a civil partnership, the date and place of registration of that partnership; or
251 </li>
252 <li>
252 Has a partner, details of that relationship;
252 </li>
253 </ul>
254 </li>
255 <li>
255 Details of any previous marriage, civil partnership or relationship;
255 </li>
256 <li>
256 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;
256 </li>
257 <li>
257 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;
257 </li>
258 <li>
258 The adoption agency may ask the prospective adopter to provide any further information the
agency may reasonably require.
258 </li>
259 </ul>
260 <h4 class="h4_minorheading_no_underline">
260 Information about the home etc. of the prospective adopter
260 </h4>
261 <ul>
262 <li>
262 Details of other members of the prospective adopter’s household (including any children of
the prospective adopter whether or not resident in the household).
262 </li>
263 </ul>
264 <h2 class="h3_subheading_no_underline">
264 3.3 Police Checks
264 </h2>
265 <p>
265 Criminal record checks with the
265 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/dis_barring_service.html"
target="_blank" rel="noopener">
265 Disclosure and Barring Service
265 </a>
265 must be carried out on the prospective adopter and any members of their household aged 18 years
and over.
265 </p>
266 <p>
266 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.
266 </p>
267 <p>
267 A ‘specified offence’ means:
267 </p>
268 <ul>
269 <li>
269 An offence against a child/ any offence involving bodily injury to a child, other than an
offence of common assault or battery;
269 </li>
270 <li>
270 An offence relating to indecent images of children under the age of 16;
270 </li>
271 <li>
271 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.
271 </li>
272 </ul>
273 <p>
273 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.
273 </p>
274 <p>
274 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.
274 </p>
275 <p>
275 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. 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.
275 </p>
276 <p>
276 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.
276 </p>
277 <p>
277 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.
277 </p>
278 <p>
278 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.
278 </p>
279 <h3 class="h3_subheading_no_underline">
279 3.4 Health Checks
279 </h3>
280 <p>
280 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.
280 </p>
281 <p>
281 The social worker will provide the applicants with the relevant BAAF medical forms for completion
by the GP.
281 </p>
282 <p>
282 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.
282 </p>
283 <p>
283 The GP's report should have been written within the 6 months prior to the Adoption Panel meeting
which considers the application.
283 </p>
284 <p>
284 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.
284 </p>
285 <p>
285 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
285 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/agency_dec_maker.html"
target="_blank" rel="noopener">
285 Agency Decision Maker
285 </a>
285 .
285 </p>
286 <p>
286 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.
286 </p>
287 <h3 class="h3_subheading_no_underline">
287 3.5 References
287 </h3>
288 <p>
288 Applicants will be asked to provide the names of two personal referees, who are adults, have known
the applicant for at least two years and are not related to the applicant. A written report
must be prepared of the interviews held with each of the referees.
288 </p>
289 <p>
289 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.
289 </p>
290 <p>
290 Where there is a joint application, referees should know both applicants, or additional referees
will be required.
290 </p>
291 <p>
291 A third reference from a member of the prospective applicant's wider family should also be taken
up.
291 </p>
292 <p>
292 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.
292 </p>
293 <p>
293 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.
293 </p>
294 <p>
294 The allocated adoption social worker will arrange for requests for written references to be sent.
294 </p>
295 <p>
295 The referees should be asked to comment on the following:
295 </p>
296 <ol type="a">
297 <li>
297 The length of time the referee has known the applicant, in what circumstances, how they met and
how regularly they are in contact;
297 </li>
298 <li>
298 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;
298 </li>
299 <li>
299 The applicants' general physical and emotional well being;
299 </li>
300 <li>
300 How the applicants relate to children, with examples, and what experience the applicants have of
caring for children;
300 </li>
301 <li>
301 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;
301 </li>
302 <li>
302 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;
302 </li>
303 <li>
303 Any reservations the referee has and whether the referee wholeheartedly supports the
application.
303 </li>
304 </ol>
305 <p>
305 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.
305 </p>
306 <p>
306 Issues for discussion include the following:
306 </p>
307 <ul>
308 <li>
308 The applicant as a personality;
308 </li>
309 <li>
309 The stability of the couple's relationship (if a joint application);
309 </li>
310 <li>
310 The referee's impression of the applicant's general physical and emotional well being;
310 </li>
311 <li>
311 The referee's opinion on the applicant's ability to relate to children, and the basis of the
opinion;
311 </li>
312 <li>
312 The referee's opinion on whether adoption is appropriate for the applicant;
312 </li>
313 <li>
313 Any reservations the referee may have to express about any aspect of the application;
313 </li>
314 <li>
314 Whether the referee wholeheartedly supports the application;
314 </li>
315 <li>
315 What support the referee is able to offer the prospective adopters;
315 </li>
316 <li>
316 Whether the referee has any reason to believe the applicant would harm the children in their
care.
316 </li>
317 </ul>
318 <p>
318 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.
318 </p>
319 <p>
320 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.
320 </p>
321 <p>
321 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.
321 </p>
322 <p>
322 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
322 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/child_protection_plan.html"
target="_blank" rel="noopener">
322 Child Protection Plan
322 </a>
322 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.
322 </p>
323 <h3 class="h3_subheading_no_underline">
323 3.6 Counselling, Information and Preparation for Adoption
323 </h3>
324 <p>
324 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.
324 </p>
325 <h3 class="h3_subheading_no_underline">
325 3.7 Pre-Assessment Decision
325 </h3>
326 <p>
326 The adoption agency must gather Stage One information and make a
326 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/pre_assess_decision.html"
target="_blank" rel="noopener">
326 Pre-Assessment Decision
326 </a>
326 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.
326 </p>
327 <p>
327 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 First4Adoption. The
327 <a
href="http://trixresources.proceduresonline.com/nat_key/keywords/indep_review_mechanism.html"
target="_blank" rel="noopener">
327 Independent Review Mechanism
327 </a>
327 is not available for decisions made during Stage One.
327 </p>
328 <p>
328 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.
328 </p>
329 <p>
329 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.
329 </p>
330 <h2 class="h2_mainheading">
330 <br />
331 4.
331 <a name="sharing" id="sharing">
331 </a>
331 Sharing Information for the Purposes of Foster Carer Assessments
331 </h2>
332 <h3 class="h3_subheading_no_underline">
332 4.1 Information Sharing
332 </h3>
333 <p>
333 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.
333 </p>
334 <p>
334 Information that should be shared, upon request, in order to inform a new assessment of a
person’s suitability to foster or adopt includes:
334 </p>
335 <ul>
336 <li>
336 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);
336 </li>
337 <li>
337 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;
337 </li>
338 <li>
338 Details of any concerns about standards of practice and what if anything is being done/has been
done to address them;
338 </li>
339 <li>
339 Details of allegations made against the foster carer/adopter or their household members; and
339 </li>
340 <li>
340 Any other information considered to be relevant to the assessment of the person’s
suitability to foster/adopt.
340 </li>
341 </ul>
342 <h3 class="h3_subheading_no_underline">
342 4.2 Consent
342 </h3>
343 <p>
343 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.
343 </p>
344 <p>
344 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.
344 </p>
345 <p>
345 Requests for access to information should be accompanied by the written consent of the applicant
to the sharing of their information.
345 </p>
346 <h3 class="h3_subheading_no_underline">
346 4.3 Timescales
346 </h3>
347 <p>
347 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.
347 </p>
348 <h2 class="h2_mainheading">
348 <br />
349 5.
349 <a name="stage2" id="stage2">
349 </a>
349 Stage 2 – The Assessment Process
349 </h2>
350 <h3 class="h3_subheading_no_underline">
350 5.1 Purpose and Process
350 </h3>
351 <p>
351 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.
351 </p>
352 <p>
352 Stage Two is about intensive training and assessment. Intensive training should be provided as
necessary and, in parallel, an assessment carried out of the prospective adopter’s
suitability to adopt and a report produced of that assessment.
352 </p>
353 <p>
353 This stage should begin with a meeting or pre- planned ‘phone call 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.
353 </p>
354 <p>
354 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.
354 </p>
355 <p>
355 Stage Two will end with the Agency Decision Maker’s decision about the suitability of the
prospective adopter to adopt a child.
355 </p>
356 <h3 class="h3_subheading_no_underline">
356 5.2 Prospective Adopter Assessment Agreement
356 </h3>
357 <p>
357 A written agreement must be entered into with the prospective adopter (‘the prospective
adopter assessment agreement’) which must include the following:
357 </p>
358 <ul>
359 <li>
359 The procedure for assessing the prospective adopter’s suitability to adopt a child;
359 </li>
360 <li>
360 Any applicable timescales;
360 </li>
361 <li>
361 The arrangements for the prospective adopter to receive any additional counselling or
preparation for adoption;
361 </li>
362 <li>
362 Details of any training that the prospective adopter has agreed to undertake; and
362 </li>
363 <li>
363 Any other matters which the agency considers relevant.
363 </li>
364 </ul>
365 <h3 class="h3_subheading_no_underline">
365 5.3
365 <a name="assessment" id="assessment">
365 </a>
365 Assessment
365 </h3>
366 <p>
366 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.
366 </p>
367 <p>
367 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.
367 </p>
368 <p>
368 The areas covered in interviews will follow the subject areas:
368 </p>
369 <ul>
370 <li>
370 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;
370 </li>
371 <li>
371 Information about the home, the local community and the neighbourhood;
371 </li>
372 <li>
372 Details of education and employment - past and present;
372 </li>
373 <li>
373 Income and expenditure;
373 </li>
374 <li>
374 Details of past and present relationships;
374 </li>
375 <li>
375 Motivation to adopt/childlessness;
375 </li>
376 <li>
376 Parenting capacity, experience of being parented and experience with children;
376 </li>
377 <li>
377 Support network, including wider family network;
377 </li>
378 <li>
378 Views and feelings about adoption and its significance, attitudes to birth families and approach
to openness in adoption and contact;
378 </li>
379 <li>
379 Views about parental responsibility and what it means;
379 </li>
380 <li>
380 Views about a suitable home environment for the child;
380 </li>
381 <li>
381 Views about the importance and value of education;
381 </li>
382 <li>
382 Views and feelings about the importance of a child’s religious and cultural upbringing;
382 </li>
383 <li>
383 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;
383 </li>
384 <li>
384 Any other relevant information which might assist the adoption panel or the adoption agency.
384 </li>
385 </ul>
386 <p>
386 As part of the assessment:
386 </p>
387 <ul>
388 <li>
388 A family tree and
388 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/chronology.html"
target="_blank" rel="noopener">
388 Chronology
388 </a>
388 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;
388 </li>
389 <li>
389 All information provided by the applicant must be independently verified where possible, by
checking it against other sources such as referees. See "
389 <a
href="http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publ
ications/eOrderingDownload/00193-2006BKL-EN.pdf" target="_blank" rel="noopener">
389 Preparing and Assessing Prospective Adopters", Practice Guidance
389 </a>
389 (Chapter 2);
389 </li>
390 <li>
390 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;
390 </li>
391 <li>
391 The adequacy and safety of the prospective adoptive home and transport will be assessed;
391 </li>
392 <li>
392 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.
392 </li>
393 </ul>
394 <p>
394 See also
394 <a href="../client_supplied/pet_pol.doc" target="_blank" rel="noopener">
394 Pet Policy and Guidance for Fostering Households
394 </a>
394 .
394 </p>
395 <p>
395 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.
395 </p>
396 <p>
396 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.
396 </p>
397 <p>
397 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.
397 </p>
398 <h3 class="h3_subheading_no_underline">
398 5.4 Fostering for Adoption
398 </h3>
399 <p>
399 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.
399 </p>
400 <p>
400 The agency should indicate on the Prospective Adopter’s Report if the prospective adopter is
interested in
400 <a
href="http://trixresources.proceduresonline.com/nat_key/keywords/fostering_for_adoption.html"
target="_blank" rel="noopener">
400 Fostering for Adoption
400 </a>
400 . This will allow prospective adopters to be matched with a child requiring a Fostering for
Adoption placement.
400 </p>
401 <p>
401 Fostering for Adoption carers should have access to appropriate supplementary/ specific
preparation sessions as well as the usual preparation and training package available to all
adopters. 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.
401 </p>
402 <h2 class="h2_mainheading">
402 <br />
403 6.
403 <a name="fast_track" id="fast_track">
403 </a>
403 Fast-Track Procedure for Approved Foster Carers and Previous Adopters Who Wish to Adopt
403 </h2>
404 <p>
404 The requirements are modified for applicants who are approved foster carers or previous adopters.
(This does not apply to
404 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/connect_pers.html"
target="_blank" rel="noopener">
404 Connected Persons
404 </a>
404 or to prospective adopters given temporary approval as foster carers, under the Care Planning,
Placement and Case Review (England) Regulations 2010 (as amended).
404 </p>
405 <p>
405 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.
405 </p>
406 <p>
406 There is no requirement to provide counselling, information and preparation for adoption.
406 </p>
407 <p>
407 The preliminary Pre-Assessment Decision stage is not necessary, and the assessment process
progresses straight to preparation of the Prospective Adopter’s Report.
407 </p>
408 <p>
408 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.
408 </p>
409 <p>
409 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.
409 </p>
410 <h2 class="h2_mainheading">
410 <br />
411 7.
411 <a name="prosp_adop" id="prosp_adop">
411 </a>
411 Prospective Adopter's Report
411 </h2>
412 <p>
412 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.
412 </p>
413 <p>
413 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.
413 </p>
414 <p>
414 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.
414 </p>
415 <p>
415 The report will also include a summary by the Medical Adviser of the health report obtained on the
applicant/s.
415 </p>
416 <p>
416 The Report will include the agency’s assessment of the prospective adopter’s
suitability to adopt.
416 </p>
417 <p>
417 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.
417 </p>
418 <p>
418 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:
418 </p>
419 <ul>
420 <li>
420 The Prospective Adopter’s Report and the prospective adopter’s observations thereon;
420 </li>
421 <li>
421 Where the Agency Medical Adviser so advises, the medical report on the prospective adopter;
421 </li>
422 <li>
422 References;
422 </li>
423 <li>
423 Where applicable, relevant information received from the prospective adopter’s home local
authority; and
423 </li>
424 <li>
424 Any other relevant information obtained by the agency.
424 </li>
425 </ul>
426 <p>
426 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.
426 </p>
427 <p>
427 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.
427 </p>
428 <p>
428 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.
428 </p>
429 <h2 class="h2_mainheading">
429 <br />
430 8.
430 <a name="panel_recomm" id="panel_recomm">
430 </a>
430 The Panel Recommendation
430 </h2>
431 <p>
431 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.
431 </p>
432 <p>
432 Applicants who decide they wish to attend should be fully prepared as to the procedure prior to
their attendance (see
432 <a href="#prosp_adop">
432 Section 7, Prospective Adopter's Report
432 </a>
432 ).
432 </p>
433 <p>
433 The Panel will consider the Prospective Adopter's Report together with all the supporting
documentation (see
433 <a href="#prosp_adop">
433 Section7, Prospective Adopter's Report
433 </a>
433 ), and make a recommendation to the Agency Decision Maker (Adoption) 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.
433 </p>
434 <p>
434 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
434 <span class="bold">
434 either
434 </span>
434 request the preparation of a full Prospective Adopter’s Report having obtained all the
assessment information,
434 <span class="bold">
434 or
434 </span>
434 recommend that the prospective adopter is not suitable to adopt.
434 </p>
435 <p>
435 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.
435 </p>
436 <p>
436 Reasons for the recommendations and any advice as set out above will also be recorded in the
Panel's minutes.
436 </p>
437 <p>
437 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.
437 </p>
438 <h2 class="h2_mainheading">
438 <br />
439 9.
439 <a name="after_panel_recomm" id="after_panel_recomm">
439 </a>
439 After the Panel Recommendation
439 </h2>
440 <p>
440 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.
440 </p>
441 <p>
441 The decision may be delayed:
441 </p>
442 <ul>
443 <li>
443 Where there are exceptional circumstances which mean that the decision cannot be made within
that time; or
443 </li>
444 <li>
444 Upon the request of the prospective adopter.
444 </li>
445 </ul>
446 <p>
446 If the decision is delayed, the reasons must be recorded on the prospective adopter’s case
record, along with supporting evidence.
446 </p>
447 <p>
447 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.
447 </p>
448 <p>
448 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.
448 </p>
449 <p>
449 The decision must be made within 7 working days of the Adoption Panel meeting and must be
recorded, together with reasons.
449 </p>
450 <p>
450 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
450 <a href="#appA">
450 Appendix A: Standard Decision Letter – Not Suitable to Adopt
450 </a>
450 .
450 </p>
451 <p>
451 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 Regional Adoption Agency /
other Independent Adoption agency.
451 </p>
452 <p>
452 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.
452 </p>
453 <p>
453 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 6 months.
453 </p>
454 <p>
454 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 with children waiting for placements, with their consent.
454 </p>
455 <p>
455 They will also be informed of local support groups and training opportunities 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.
455 </p>
456 <p>
456 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 and viewing publications
such as
456 <span class="italic">
456 Children Who Wait.
456 </span>
456 </p>
457 <h2 class="h2_mainheading">
457 <br />
458 10.
458 <a name="represent_inde" id="represent_inde">
458 </a>
458 Representations / Independent Review Procedure
458 </h2>
459 <p>
459 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.
459 <span class="bold">
459 N.B.
459 </span>
459 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
First4Adoption.
459 </p>
460 <p>
460 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.
460 </p>
461 <p>
461 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.
461 </p>
462 <p>
462 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.
462 </p>
463 <p>
463 In these circumstances, applicants who wish to attend the meeting of the Adoption Panel can
arrange for a friend or supporter to accompany them.
463 </p>
464 <p>
464 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.
464 </p>
465 <p>
465 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.
465 </p>
466 <p>
466 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.
466 </p>
467 <p>
467 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:
467 <a href="https://www.gov.uk/government/publications/attending-an-irm-panel-information-sheets"
target="_blank" rel="noopener">
467 Attending an IRM panel: information sheets (GOV.UK)
467 </a>
467 ).
467 </p>
468 <p>
468 The procedure for the Independent Review Mechanism is carried out by Coram Children's Legal Centre
on behalf of the Department for Education see
468 <a href="https://www.gov.uk/government/organisations/independent-review-mechanism/about"
target="_blank" rel="noopener">
468 IRM England;
468 </a>
468 the applicant and a representative of the adoption agency will be invited to attend the
Independent Review.
468 </p>
469 <p>
469 After considering the representations, the Independent Review may make a recommendation, which the
Agency Decision Maker will consider before a final decision is made.
469 </p>
470 <p>
470 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.
470 </p>
471 <p>
471 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.
471 </p>
472 In respect of a case referred to the independent review panel, the Secretary of State must also be
given written notification of the decision.
473 <h2 class="h2_mainheading">
473 <br />
474 11.
474 <a name="timescale" id="timescale">
474 </a>
474 Timescales
474 </h2>
475 <ul>
476 <li>
476 Where a potential applicant requests more
476 <span class="bold">
476 detailed information
476 </span>
476 about adoption, this information should be provided within
476 <span class="bold">
476 ten working days
476 </span>
476 ;
476 </li>
477 <li>
477 Where a potential adopter formally
477 <span class="bold">
477 registers an interest
477 </span>
477 in adopting a child, a decision should be reached within
477 <span class="bold">
477 five working days
477 </span>
477 from receipt of the registration of interest whether or not to accept this, unless there are
exceptional circumstances which mean that longer is needed;
477 </li>
478 <li>
478 The adoption agency must gather Stage One information and make a
478 <span class="bold">
478 pre-assessment decision
478 </span>
478 as to whether the prospective adopter may be, or is not, suitable to adopt a child, within a
period of
478 <span class="bold">
478 eight weeks
478 </span>
478 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;
478 </li>
479 <li>
479 Where the pre-assessment decision (Stage One) is that the prospective adopter might be suitable
to adopt a child, the prospective adopter has
479 <span class="bold">
479 six months
479 </span>
479 in which to notify the agency if they wish to proceed to Stage Two – the Assessment Stage;
479 </li>
480 <li>
480 The
480 <span class="bold">
480 decision
480 </span>
480 as to whether the prospective adopter is suitable to adopt a child must be made within
480 <span class="bold">
480 four months
480 </span>
480 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);
480 </li>
481 <li>
481 Under the
481 <span class="bold">
481 fast-track procedure
481 </span>
481 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
481 <span class="bold">
481 four months
481 </span>
481 of the date on which the prospective adopter registered their interest in adopting a child.
481 </li>
482 </ul>
483 <h2 class="h2_mainheading">
483 <br />
484 12.
484 <a name="caserec" id="caserec">
484 </a>
484 Prospective Adopter’s Case Record
484 </h2>
485 <p>
485 A prospective adopter’s case record must be set up as soon as the registration of interest
is accepted. It must contain:
485 </p>
486 <ul>
487 <li>
487 The
487 <a
href="http://trixresources.proceduresonline.com/nat_key/keywords/prospect_adopt_stage_one.html
" target="_blank" rel="noopener">
487 Prospective Adopter Stage One Plan
487 </a>
487 ;
487 </li>
488 <li>
488 The information and reports obtained by the agency;
488 </li>
489 <li>
489 The prospective adopter assessment plan;
489 </li>
490 <li>
490 The prospective adopter’s report and the prospective adopter’s observations on that
report;
490 </li>
491 <li>
491 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;
491 </li>
492 <li>
492 The record of the agency’s decision;
492 </li>
493 <li>
493 The recommendation of any independent review panel;
493 </li>
494 <li>
494 Where applicable, the prospective adopter’s review report and the prospective
adopter’s observations on that report;
494 </li>
495 <li>
495 The prospective adopter matching plan; and
495 </li>
496 <li>
496 Any other documents or information obtained by the agency which it considers should be included
in the case record.
496 </li>
497 </ul>
498 <p>
498 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.
498 </p>
499 <h2 class="h2_mainheading">
499 <br />
500 13.
500 <a name="matching" id="matching">
500 </a>
500 Prospective Adopter Matching Plan
500 </h2>
501 <p>
501 Where a prospective adopter has been approved as suitable to adopt a child, a
501 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/pros_adopt_match_plan.html"
target="_blank" rel="noopener">
501 Prospective Adopter Matching Plan
501 </a>
501 , must be prepared, in consultation with the prospective adopter, which includes:
501 </p>
502 <ul>
503 <li>
503 Information about the duties of the adoption agency in respect of placements and reviews;
503 </li>
504 <li>
504 Information about the role of the prospective adopter in identifying a child for whom they would
be an appropriate adopter;
504 </li>
505 <li>
505 Information about the process for making a representation (including a complaint); and
505 </li>
506 <li>
506 Any other matters that the agency consider relevant.
506 </li>
507 </ul>
508 <h2 class="h2_mainheading">
508 <br />
509 14.
509 <a name="review_prosp" id="review_prosp">
509 </a>
509 Review of Prospective Adopters' Approval
509 </h2>
510 <p>
510 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.
510 </p>
511 <p>
511 The procedure set out in
511 <a href="#panel_recomm">
511 Section 8, The Panel Recommendation
511 </a>
511 and
511 <a href="#after_panel_recomm">
511 Section 9, After the Panel Recommendation
511 </a>
511 above should then be followed.
511 </p>
512 <p>
512 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.
512 </p>
513 <p>
513 If the prospective adopters are considered no longer suitable, the same procedure should be
followed as set out in
513 <a href="#represent_inde">
513 Section 10, Representations / Independent Review Procedure
513 </a>
513 .
513 </p>
514 <h2 class="h2_mainheading">
514 <br />
515 15.
515 <a name="criteria_prosp" id="criteria_prosp">
515 </a>
515 Criteria for Prospective Adopters
515 </h2>
516 <p>
516 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
516 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/adoption_order.html"
target="_blank" rel="noopener">
516 Adoption Order
516 </a>
516 . The criteria are that:
516 </p>
517 <ul>
518 <li>
518 The prospective adopter(s) is at least 21 years old;
518 </li>
519 <li>
519 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
519 </li>
520 <li>
520 Neither prospective adopter(s) nor an adult member of their household has been convicted or
cautioned in respect of a specified offence.
520 </li>
521 </ul>
522 <h3 class="h3_subheading_no_underline">
522 15.1 Individual and Joint
522 </h3>
523 <p>
523 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.
523 </p>
524 <h3 class="h3_subheading_no_underline">
524 15.2 Religion
524 </h3>
525 <p>
525 Applications will be considered from people of any or no religious persuasion.
525 </p>
526 <h3 class="h3_subheading_no_underline">
526 15.3 Ethnicity
526 </h3>
527 <p>
527 Applications will be considered from people of any race or culture.
527 </p>
528 <p>
528 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.
528 </p>
529 <h3 class="h3_subheading_no_underline">
529 15.4 Age
529 </h3>
530 <p>
530 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.
530 </p>
531 <h3 class="h3_subheading_no_underline">
531 15.5 Gender
531 </h3>
532 <p>
532 Applications will be considered from people of either sex.
532 </p>
533 <h3 class="h3_subheading_no_underline">
533 15.6 Sexual Orientation
533 </h3>
534 <p>
534 Applications will be considered from people of any sexual orientation.
534 </p>
535 <h3 class="h3_subheading_no_underline">
535 15.7 Income
535 </h3>
536 <p>
536 Applicants may be in work or not. Whatever the applicants' income, they will need to consider the
financial implications of increasing their family.
536 </p>
537 <h3 class="h3_subheading_no_underline">
537 15.8 Health
537 </h3>
538 <p>
538 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.
538 </p>
539 <p>
539 It is unlikely that a very young child or a child vulnerable to chest complaints would be placed
in a household where one or both parents are smokers.
539 </p>
540 <p>
540 See also
540 <a href="../pdfs/smoking_policy.pdf" target="_blank" rel="noopener">
540 Foster Carers, Adopters Smoking and Electronic Cigarettes Policy
540 </a>
540 .
540 </p>
541 <h3 class="h3_subheading_no_underline">
541 15.9
541 <a name="eleven_nine" id="eleven_nine">
541 </a>
541 Criminal Convictions
541 </h3>
542 <p>
542 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.
543 </p>
543 <p>
543 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 Agency Decision Maker (Adoption).
543 </p>
544 <h3 class="h3_subheading_no_underline">
544 15.10 Accommodation
544 </h3>
545 <p>
545 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.
545 </p>
546 <p>
546 They will need accommodation appropriate to the number and ages of the children they are seeking
to adopt.
546 </p>
548 <h3 class="h3_subheading_no_underline">
548 15.11 Fertility Tests/Treatment
548 </h3>
549 <p>
549 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.
549 </p>
551 <h3 class="h3_subheading_no_underline">
551 15.12 Applicants who have a Child or Children
551 </h3>
552 <p>
552 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.
552 </p>
553 <h3 class="h3_subheading_no_underline">
553 15.13 Domicile/Habitual Residence in the British Isles
553 </h3>
554 <p>
554 Applicants do not have to have British Citizenship, but should have their
554 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/domicile.html"
target="_blank" rel="noopener">
554 Domicile
554 </a>
554 or
554 <a href="http://trixresources.proceduresonline.com/nat_key/keywords/habitual_residence.html"
target="_blank" rel="noopener">
554 Habitual Residence
554 </a>
554 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.
554 </p>
555 <p>
555 Where there is doubt, potential applicants should be asked to seek independent advice.
555 </p>
556 <h3 class="h3_subheading_no_underline">
556 15.14 Location
556 </h3>
557 <p>
557 Applications are welcome from those who reside within the borough or elsewhere.
557 </p>
558 <p>
558 Applicants must be prepared to travel for group meetings, introductions etc. and be available for
assessment and home visits.
558 </p>
560 <h3 class="h3_subheading_no_underline">
560 15.15 Child Care Experience
560 </h3>
561 <p>
561 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.
561 </p>
563 <h3 class="h3_subheading_no_underline">
563 15.16 Support Network
563 </h3>
564 <p>
564 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.
564 </p>
566 <h3 class="h3_subheading_no_underline">
566 15.17 Post Placement/Post Adoption Contact
566 </h3>
567 <p>
567 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.
567 </p>
568 <h2 class="h2_mainheading">
568 <br />
569 <a name="appA" id="appA">
569 </a>
569 Appendix A: Standard Decision Letter – Not Suitable to Adopt
569 </h2>
570 <p>
570 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 [
570 <span class="italic">
570 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”).
570 </span>
570 </p>
571 <p>
571 I know this will be disappointing news for you but before this determination is implemented, you
may:
571 </p>
572 <ol type="a">
573 <li>
573 Accept the determination; or
573 </li>
574 <li>
574 Make written representations to this agency; or
574 </li>
575 <li>
575 Apply for the determination to be reviewed by an independent review panel.
575 </li>
576 </ol>
577 <h3 class="h3_subheading_no_underline">
577 Option a – Accept the determination
577 </h3>
578 <p>
578 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.
578 </p>
579 <h3 class="h3_subheading_no_underline">
579 Option b - Representations to the agency
579 </h3>
580 <p>
580 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.
580 </p>
581 <h3 class="h3_subheading_no_underline">
581 Option c – Application to an independent review panel for a review
581 </h3>
582 <p>
582 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
582 <a href="https://www.gov.uk/government/organisations/independent-review-mechanism"
target="_blank" rel="noopener">
582 Independent Review Mechanism (GOV.UK)
582 </a>
582 .
582 </p>
583 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.
584 <p class="end_of_chapter">
584 End
584 </p>
585 </div>
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