Relinquished Children

1. Introduction

All local authorities have a statutory duty to respond to a request from a parent or guardian for their child to be placed for adoption, and a separate process to progress this, at least in the initial stages, outside of the Care Proceedings process is established in Part 3 of the Adoption and Children Act 2002.

Working with a request for a child to be relinquished will be challenging for many practitioners on the basis that most children's best interest is served by being with their parent and it will be important to ascertain the reasons why the parents see the best interest for her child in this way and to offer challenges to this through a counselling process. (See Section 3, Counselling).

Throughout this process it will remain important:

• That the child's welfare and best interests remains paramount;
• To ensure there is minimal delay in securing the child's permanent future plan, and therefore,
• Referrals to Cafcass, the Adoption Team and, if required, a Placements Order Application, together with completion of all necessary documentation are made in a timely way;
• That effective counselling is offered to the parent(s) with regard to the decision; and,
  • Clear consideration is given to the parent(s) competency to make the decision;
  • The parent(s) are fully aware of their rights and options throughout the process with regard to the child;
• That the practitioner remains in contact with the parent for as long as possible to 'get to know' the parent(s) so as to be able to provide information for the child later in their life;
• Children's Social Services should seek to ensure that, following a request for a child to be relinquished, the matter should be transferred to the appropriate team to work with the parent/guardian and progress the child's plan as soon as possible. Currently these cases are held within the looked after children's teams.

2. Referral

Referrals will be received via the Contacts and Referrals Procedure and should be dealt with promptly. Requests may be self referrals or come from a GP, Midwife, school, other health professional or family member, etc.

As much information as possible should be taken at this initial stage about the parent(s) and their circumstances, but must be balanced with a need for sensitivity and an understanding that key areas will be dealt with through the counselling process that will be required. (See Section 3, Counselling).

The practitioner dealing with the request should bring the matter to the Team Manager's attention so that the referral can be dealt with promptly by an appropriately skilled and experienced practitioner with relevant knowledge of adoption.

3. Counselling

Counselling should be undertaken as promptly as possible following the referral, by an experienced practitioner who has knowledge and skills in adoption, and include a discussion about the issues adoption brings for both the parent/guardian and the child. This is best achieved by an initial joint visit with the independent birth relatives' worker – who is based in the adoption service- she will be able to give detailed information and support to the parent/s and signpost /refer to further relevant counselling services if required.

3.1 Assessing the Parent

The practitioner counselling the parent/guardian should ensure that they:

• Understand the reason(s) why the parent/guardian is seeking to place the child for adoption;
• Consider the parent/guardian's general situation and circumstances;
• Are aware of the position of the birth father (see Section 4, The Birth Father and Wider Family);
• Are aware of any communication requirements:
  • As a result of a physical or learning disability;
  • English being a second language.
• Are aware of any issues around literacy skills the mother may have;
• Identify any cultural issues;
• Know of any physical or learning disabilities that are impacting upon the circumstances;
• Recognise any immigration concerns;
• Identify any other issues that may appear to the practitioner to be relevant.
  (See also Section 5, Consent and Competency).

3.2 Options and Alternatives to Adoption

Counselling should ensure that the parent/guardian has considered the options:

• Staying with the parent/guardian, with close support where possible;
• Where the baby and mother are accommodated with foster carers, training and support to care for the baby and mother to help her overcome her anxiety and develop her parenting skills and confidence so that she is able to care for the child;
• Short-term foster care, with the aim of returning the child with support;
• Long-term placement within the child's wider family (perhaps with a Child Arrangements Order/Special Guardianship Order);
• Placement for adoption.

See also: Section 4.1, Involving the Birth Father Without Parental Responsibility and Wider Family.

3.3 Counselling About Adoption

Counselling the parent(s) should include providing information about adoption and gleaning information that might be relevant for the child:

• The implications of adoption as being life-long for the child and the birth family / parents, (see Section 67 Adoption and Children Act 2002);
• The legal consequences of consenting to a placement for adoption (Section 19); advance consent to a future adoption order (Section 20); the withdrawal of these consents; the legal effect of adoption itself; the option of indicating they do not want to be involved in future proceedings once Sections 19 and 20 have been completed;
• The issue of contact, especially contact after the placement for adoption has been made;
• The need for the Local Authority to provide a 'Later Life Letter' and Life Story Book (see Documents Library) for the child and to seek to involve the parent(s) in assisting with this (providing information, photos etc);
• An understanding from the parent of any known health issues/family medical history within their family that might be relevant to the child - both physical, mental and emotional;
• Whether the parent(s) want to be involved in a matching process;
• Information about the rights of the child to obtain information about their birth parents once they reach 18 years. and the possible implications of this for them as the parent;
• The role of Cafcass in ensuring consent is provided unconditionally and that they have a full understanding;
• The availability (providing details) of independent counselling, information and support to the parent(s) and their family;
• Provision of written information about the adoption process.

4. The Birth Father and Wider Family

Without Parental Responsibility, the birth father is not entitled to provide consent to a placement for adoption.

If the mother is not married (and the birth has already been registered), the practitioner should check the birth certificate of the child to identify whether the birth father has acquired Parental Responsibility as a result of being named on the child's birth certificate.

The practitioner should seek if possible to understand the father's identity from the birth mother, including:

• His address;
• Any known wishes or feelings;
• If the father is seeking to acquire Parental Responsibility;
• If Parental Responsibility is acquired, his potential rights and any part he may wish to play in the process.

However, the mother must not be coerced into identifying the birth father.

4.1 Involving the Birth Father Without Parental Responsibility and Wider Family

Legal advice should be sought in cases where the mother does not wish the father (without parental responsibility) or wider family members such as grandparents to be notified of the intention to place the child for adoption (It may be that they are not aware of the existence of the child).

If the identity of the birth father becomes known, the practitioner, with the Team Manager, should decide if it is practicable and consistent with the child's welfare, to provide him with information and counselling and to ascertain whether he wishes to obtain Parental Responsibility and /or Child Arrangements Order.

In making this decision, the practitioner must balance:

• The nature of the child's relationship with the father;
• The nature and extent of the father's relationship with the child's mother and any siblings of the child;
• The likelihood of a family placement being a realistic alternative to adoption;
• Whether it would be contrary to Article 8 (Right to family life) of the European Convention on Human Rights to prevent disclosure of the birth of a child to a child's father;
• The mother's wishes for the child;
• The mother's right to confidentiality;
• The physical, psychological or social impact on the mother or on others of notification being given;
• Cultural and religious factors;
• The avoidance of unnecessary delay. The High Court in A Local Authority v JK & Anor [2021] EWHC 33 stated that '…absent good reason to the contrary, a non-notification application should ordinarily be brought within a matter of weeks of the birth, rather than months';
• The need for the adoption agency to explain carefully and sensitively to the mother every staging post of the proposed adoption process and the non-notification procedure, setting out the competing factors and considerations;
• Any other relevant matters must be considered.
  
  The Court of Appeal in Cases A, B and C [2020] EWCA Civ 41 (Adoption: Notification of Fathers And Relatives) [2020] EWCA Civ 41 (29 January 2020) stated that:
  'While the mother's right to confidentiality is important it is not absolute. The presence or absence of family life is an important, though not a decisive, feature and where it exists strong countervailing factors are required to justify withholding knowledge of the existence of the child and the proceedings. The tenor of the [previous] authorities is that in most cases notification will be appropriate, and the absence of notification will be the exception; but each case will in the end depend on its facts'.

4.2 Birth Fathers Who Acquire Parental Responsibility

Where a birth father acquires Parental Responsibility and the mother has already consented to adoption, and the child has been placed for adoption, (under Section 19, Adoption and Children Act 2002), it is considered that the father has also consented to the placement for adoption. However, the birth father can then withdraw his consent, provided he does so before an application has been made to court for an Adoption Order.

However, where the Local Authority wish to continue with the adoptive placement, a placement order application must be applied for. (Note: where the application is before the court, there is no obligation for the Local Authority to return the child to either parent, this will be decided by the court).

As with the mother and birth father without Parental Responsibility, the father's extended family have the same legal position, i.e. it is at the discretion of the Local Authority as to whether contacting them is appropriate. (See Important Note in Section 3, Counselling).

5. Consent and Competency

The Local Authority as the Adoption Agency must be sure that the parent or the guardian is competent to give consent.

During the counselling sessions, care should be given to identifying whether the parent(s) are capable of giving consent, especially if there is evidence of: learning disabilities; mental health issues; cultural, ethnic or faith issues; consent being given conditionally, etc.

Where there is concern as to the parent's understanding, an additional and specialist assessment should be sought from another professional - preferably someone who already knows the parent, such as an approved mental health social worker; a disabilities social worker; GP; midwife or health visitor; psychiatrist / psychologist or someone who can offer a faith or cultural perspective.

If the issue of competency is known at the point of referral or at an early stage in the process, then the Local Authority should not ask Cafcass to witness consent, until any such issues are resolved. Where a parent is under 18 years (i.e. considered to be a 'child' themselves within the meaning of the Children Act 1989), they can be considered to give valid consent if assessed as competent by the counselling practitioner.

The High Court in Re S (Child as parent: Adoption: Consent) [2017] EWHC 2729 (Fam) made clear that parental Capacity to consent to a child being accommodated under s.20 Children Act 1989, does not equate to their capacity to consent to an adoption order in respect of the child - the capacity to consent is decision-specific. (That case concerned a 'child parent' (i.e. below 18 years of age) with learning disabilities. The principles, however, will be of relevance in considering parental capacity, irrespective of their age).

The court set out the salient or 'sufficient' information which is required to be understood by a parent regarding extra-familial adoption:

1. Your child will have new legal parents, and will no longer be your son or daughter, in law;
2. Adoption is final, and non-reversible;
3. During the process, other people (including social workers from the adoption agency) will be making decisions for the child, including who can see the child, and with whom the child will live;
4. You may obtain legal advice if you wish before taking the decision;
5. The child will live with a different family forever; you will (probably) not be able to choose the adopters;
6. You will have no right to see your child or have contact with your child; it is highly likely that direct contact with your child will cease, and any indirect contact will be limited;
7. The child may later trace you, but contact will only be re-established if the child wants this;
8. There are generally two stages to adoption; the child being placed with another family for adoption, and being formally adopted;
9. For a limited period of time you may change your mind; once placed for adoption, your right to change your mind is limited, and is lost when an adoption order is made.

When determining the competence of a parent in these circumstances, 'all practicable steps' must be taken to help them to make the decision, for example using simple language, visual aids or other means. A parent will be treated as understanding the information relevant to a decision if they are able to understand an explanation of it given to them in a way which is appropriate to their circumstances.

The decision to consent to adoption is significant and life-changing. Before exercising their decision-making, the parent should freely and fully understand the information set out on the consent forms, which should be conveyed and explained to them in an appropriate way; there is no expectation that the parent would be able to understand the precise language of the consent forms.

If there is any doubt about the competence of a parent to give consent to adoption or placement for adoption, the issue should be referred to a court.

Where it is considered that the parent is not capable of giving informed consent but the Local Authority decide to place the child for adoption following their counselling and assessment, an application for a placement order must be made (see Section 22(1) Adoption and Children Act 2002).

6. Decisions/Actions of the Local Authority

6.1 Unborn Child

If a referral has been made prior to the birth of the child this gives the local authority time to complete the processes above and discuss in good detail with the parent/s of the child and the maternity services the plans that will be put in place around the birth of the child.  In collaboration with the adoption service the child's social worker should consider a placement in a fostering for adoption placement and/or make a referral for a short term foster placement to be available from the time that the child is born.

The parent/s must be supported in considering their decision at this stage but with a full awareness that it is common and right that this decision is reconsidered after the birth.

Note however that formal consent by the mother for an adoption placement and advance consent to adopt cannot be given until the child is 6 weeks old.

6.2 Child's Birth and Discharge from the Maternity Unit

At the point of the child's birth, the mother can decide to care for the child or request separation. However, greater involvement at this stage by the mother is likely to make it more difficult to separate.

The practitioner should seek to meet with the mother as soon as reasonably possible, checking with maternity staff that this is appropriate. The focus should be on the mother's welfare; reflecting on the plan for relinquishing the new-born child and exploring how the mother / father (if appropriate) want to deal with this stage of the process. It should also include advice / information, perhaps particularly around separation and naming the child.

This stage of the process is one of particular sensitivity and should be led by the mother. The parent(s) can provide as much or as little for the child as they feel they want to at this very initial stage and should be encouraged / supported - but not pressured - to have contact with the child. This contact could be at the foster carer's home - given that, unless there are health issues for the child requiring the child to remain in the maternity unit, discharge is likely to be after 24 hours and should be to the identified foster carer.

It should also be considered that this is the point at which the child's Life Story Book starts, and provides an opportunity to collate detail and (with permission) photos for the child's Life Story Book.

At the time of birth, the practitioner should:

• Provide the maternity unit with the foster carer's details and the foster carer's GP details;
• Ensure the CoramBAAF medical Forms M and B for completion by the paediatrician;
• Mother's Consent Form (CoramBAAF PH) consenting to the completion of the above M and B Forms.

6.3 Child Who is Already Born at the Time of Referral

Where the child is already born and in the care of the parent(s), an assessment and decision should be promptly made as to the point at which the child should be Accommodated, bearing in mind that separation will impact upon the child's developing attachment; this could be 'positively' if the parent(s)/guardian bond is poor, with the consequent impact upon the child's attachment. In many circumstances, the child will be accommodated promptly under Section 20 (1989 Act) because of a parent(s)/guardian's circumstances and wishes. (See Decision to Look After Procedure and Care Planning Procedure).

At this stage full consideration should be given to sourcing a fostering for adoption placement (under regulations 25a of the fostering regulations) which would enable the child to join a family who may later adopt them at the earliest stage and avoid further move and change of caregiver which is known to be detrimental to children. (See fostering for adoption procedures).

The parent should sign their consent to the placement for adoption - having been provided with all relevant information in respect of adoption, contact and support for them and their family, (see Section 3.3, Counselling About Adoption).

6.3.1 Accommodation of the Child

Following Accommodation of the child, the practitioner should progress the matter as with any other child who becomes looked after under Section 20 of the Children Act 1989:

• Ensure a case record for the child is opened and the electronic recording system is provided with all relevant information, particularly the child's status, (this to be updated throughout);
• Advise the Independent Reviewing Unit of the child's placement and status and ensure the first review is completed within 20 working days, completing all necessary documentation;
• Complete a Care Plan for the child;
• Commence the child's Permanence Report (for adoption panel and for information for any chosen prospective adoptive family);
• Request an IHA medical to be undertaken;
• Progress a referral to the Adoption agency Medical Advisor for a health summary to be completed including CoramBAAF medical assessment forms M and B together with CoramBAAF PH form, (completed by parent(s)); this is actioned via the adoption service;
• Ensure that the childs birth is registered by the birth parents and that a birth certificate is passed to the social worker;
• Visit the child's placement in accordance with the regulations and other requirements, (see Social Work Visits to Looked After Children Procedure);
• Continue to keep in contact with the parent(s) and continue with counselling about adoption as wanted/needed by them;
• Arrange and support contact arrangements with the child as required;
• Ensure that the child's Life Story Book is commenced and progressed and that the foster carer is involved in this on as continuous basis;
• At 6 weeks parent(s) consent to place the child for adoption (section 19 of the Adoption and Children act) and possibly also advance consent to adoption (Section 20 of the Adoption and Children Act); is obtained via CAFCASS;
• Discuss with the parent(s) their level of engagement within the process and at what point they may wish to disengage from the adoption process.

Warning: In many instances the parent(s) will completely disengage at an early stage due to the immense emotional difficulty of the decision that they have made and there might therefore be an issue of continuing engagement to undertake necessary tasks, e.g. obtaining a birth certificate, completing consent forms/obtaining information for the life story book/later life letter, etc.

See ADCS, Good Practice Guidance for Adoption Agencies and Cafcass: Children Relinquished for Adoption.

6.3.2 Preparing the Child

Work with the child, in an age-appropriate way, should be begin to be undertaken to help prepare them for the planning and changes that will progress them to their permanent placement. The nature and style of this work will vary greatly on the child and their age, understanding and capacity and is likely to be a mixture of play, counselling and 'discussion'. This could include a final 'goodbye' contact with their parent(s)/guardian and family.

6.3.3 Adoption Case Record

Once the Local Authority has made a decision that the plan for the child should be one of adoption, in addition to the Looked After Child record, the Adoption Pathway should be opened on the child's LCS record.

7. Parent(s) Withdraw Their Consent or Change Their Plan for the Child

7.1 Change of Plan

Where the child is Accommodated under Section 20 (Children Act 1989) and is less than 6 weeks old and the parent changes their mind, a request for the child to be returned to the parent's care must be responded to.

Nevertheless, an evaluation of the circumstances should be undertaken and include any factors that may require a formal child protection risk assessment.

Following such an assessment, and if the Local Authority identify the child's welfare and best interests would not be met by a return to the parent / guardian's care, the Local Authority may apply for: an Emergency Protection Order or Care Order; a Placement Order or Adoption Order.

In all circumstances, any child returning home should be made on the basis that they are safeguarded and their welfare and best interests will be promoted. This should take into account the support that can be provided by Children's Services and its partner agencies.

See Children Accommodated under Section 20 and Relinquished Children in the Ceasing to Look After a Child Procedure.

Note: Where the parent / guardian withdraws their consent to adoption it should not be assumed that the threshold criteria under section 31(2) will be satisfied and each case needs to be considered on its own facts. (See Re A O (care proceedings) 2016 EWFC 36).

7.2 Withdrawal of Consent

The parent(s) can withdraw their consent to the child's placement for adoption at any stage prior to the prospective adopters issuing an adoption application in relation to the child, either by using the 'Withdrawal of Consent Sections 19 and 20 of the Adoption and Children Act 2002' form or by written notice given to the Adoption Agency.

On receiving the Notice of Withdrawal, the Local Authority (as the agency) will lose the authority to place and there should be an immediate review of the child's plan for adoption. Following legal advice, the Local Authority may decide to apply for a Placement Order.

Where the child is not yet placed with adoptive applicants - and the parent or guardian informs the Local Authority that they wish the child to be returned to their care, the child should be returned to the parent(s) / guardian within 7 days, unless the Local Authority has either made an application for a Placement Order or a decision is made to apply for a Placement Order. Where the child is placed for adoption - and the parent or guardian requests the return of the child, the child should be returned to the agency within 14 days, beginning with the day on which the notice was given, unless the Authority has either made an application for a placement or a decision is made to apply for a Placement Order. As soon as the child is returned to the Local Authority / Adoption Agency, the child must return to the parent / guardian.

8. CAFCASS - Including Relevant Forms

Once the child's social worker is sure that the birth parent/s wish to go through with their decision and they have had the necessary counselling and time to process their decision, notification must be urgently sent to Cafcass.

The law allows a parent to give consent for adoption ahead of a child adoption decision being made by the adoption agency- although the child must be 6 weeks of age. In order to avoid delay in identifying a family and placing a child adoption panel for child adoption decision and match can take place as soon as this consent is obtained and completing this task at one panel can have the effect of avoiding delay in placement of the child. In other cases, perhaps where the referral to CAFCASS is delayed or not promptly actioned, or when an adoptive family cannot quickly be sourced, the adoption panel may consider the child's adoption decision in advance of the legal consent being signed and matching panel/placement will need to be delayed until this is secured.

The principal role of Cafcass is to ensure that consent to place for adoption (Section 19) and advance consent for an Adoption Order (Section 20) has been made unconditionally and with a full understanding of all that this means in terms of those sections, of adoption and all its implications.

It is not however, the role of Cafcass to challenge birth parents about their decision to relinquish the child, (as long as they are competent) or the Local Authority / Adoption Agency 's decisions in respect of birth fathers without Parental Responsibility, involvement of extended family etc.

8.1 Notification to Cafcass

The following needs to be sent to Cafcass:

• Notification of child to be relinquished for adoption;
• Schedule 2 Proforma.

8.2 Consent Forms to be completed and signed by the parent(s)/guardian:

The following consent forms need to be completed by the parent(s) following the counselling and witnessed by a Cafcass Officer:

A100: Consent form to placement for adoption with any prospective adopters chosen by the Adoption Agency - under Section 19 (Adoption and Children 2002 Act)

A101: Consent form to the placement of adoption with identified prospective adopter(s) - under Section 19 (Adoption and Children 2002 Act)

A102: Consent form to the placement of adoption with identified prospective carers and, if the placement breaks down, with any prospective adopters chosen by the Adoption Agency - under Section 19 (Adoption and Children 2002 Act)

A103: Advance consent to adoption - Section 20 (Adoption and Children Act 2002)

A104: Consent to Adoption (Adoption and Children Act 2002)

A106: Withdrawal of Consent to Sections 19 and 20 (Adoption and Children Act 2002)

8.3 Cafcass Outcome/Response

• Consent to place for adoption (Section 19): consent has been unconditionally and properly given with full knowledge and comprehension of adoption and the process;
• Consent to place for adoption (Section 19) and Advance consent to the making of an adoption order (Section 20): consent has been unconditionally and properly given to both placement and Adoption Order with full knowledge and comprehension of adoption and the process.
  
  The Local Authority should receive the following letter from the Cafcass Officer: Relinquished child: Countersigning Consent Forms (Letter 3).
  
  Note:
  • Where advance consent to the making of an Adoption Order (Section 20) this letter is amended to reflect this);
  • Where the parent(s) / guardian has identified and given notice that they do not wish to be notified when an application for an Adoption Order is made, Section 20(4) Adoption and Children Act) the letter should also acknowledge this and attach a 'Statement' to this effect.

(See Annex 5: Statement That I Do Not Wish to be Notified of the Application for an Adoption Order for my child).

9. Linking and Matching

The adoption service will be aware of the child from the time that adoption is considered for the child and, if the child is not placed in a regulation 25a placement (fostering for adoption) the child's social worker will meet with the adoption service as soon as they are reasonably clear about the continued decision of the birth parent/s that adoption should be the plan for their child in order to consider a choice of approved adopter for the child.  The views of the birth parents will be a factor in this decision making and the parents can be afforded a range of involvement in this process as they might wish.

10. Adoption Panel

Once consent has been signed the practitioner should proceed to the Adoption Panel for a child's adoption decision (if this has not already been made) and ideally a match with a chosen family, (see Documents Library) after completing the child's Permanency Report and providing the range of required documents.

Papers from the adoption panel will be considered by the adoption agency decision maker.

The 2011 national minimum standards for adoption state that placement of voluntarily relinquished babies should take place within 4 months of the child's birth. The adoption panel will monitor performance against this standard.

A referral should be made to the adoption service to set up a linking meeting to consider choice of adoptive family. The birth parents should be encouraged to have input into the choice of family for the child but must be advised that confidentiality of adopters will be maintained.