Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters

1. Introduction

This procedure deals with placement of a child with carers who are dually approved, i.e. approved both as prospective adopters and as local authority foster carers.

Early Permanence (EP) is an umbrella term covering Concurrency and Fostering for Adoption placements. Both retain the potential for a child to be reunified with their family depending on specific care plans and circumstances and the outcome of the final court decision (National Early Permanence Practice Standards (Coram Centre for Early Permanence), Glossary of Terms).

The advantage of this type of placement is that the child will be placed with foster carers who, subject to a Placement Order being made, or parental consent is given, are expected to go on to become the child's adoptive family. The child therefore benefits from an early placement with their eventual permanent carers. Delay in finding a permanent family for young children who have already experienced neglect early on in their lives may have a profoundly damaging effect on their development. This type of placement has potential to reduce this delay and the damage caused significantly and as a result:

• The Care Planning, Placement and Case Review (England) Regulations 2010 were amended (in 2013) to allow approved prospective adopters to be given temporary approval as foster carers for a named child;

These placements are foster placements. This placement will only become an adoptive placement if:

1. The Agency Decision Maker (ADM) has decided that the child should be placed for adoption; and
2. Either a Placement Order has been made; or
3. Parental consent to the child's adoption is given.

It is possible that such a placement may not lead to adoption, for example because the child's plan changes where rehabilitation with the birth family is successful, because suitable family or friends come forward or because the court does not agree to make a Placement Order. This may mean that the child returns home or is moved to another permanence arrangement. But, for the vast majority of children in such placements, progression towards adoption will be the anticipated outcome.

Local authorities will need to ensure that people who are willing to care for a child in this way are fully aware that the placement may not lead to adoption, and that they have been given appropriate information and training so that they understand their role and legal responsibilities as foster carers and on going support once the placement has been made.

Section 3, Concurrent Planning is an established practice for placing children with dually approved carers. As these placements are foster placements, rather than placements for adoption, they could be made under existing legislation. The law has, however, developed to make the situation more explicit.

2. Examples of Situations Where Placements with Dually-Approved Carers may be Appropriate

• Where parents have had one or more child/ren previously placed for adoption or other forms of permanent placement and the evidence strongly suggests that their circumstances have not changed and they pose the same risks as they did to the previous child/ren;
• The local authority does not have a proactive plan to rehabilitate the child as the circumstances of the parents are such to pose a serious on-going risk;
• Where this is the first child, the circumstances of the parents and the risks to the child are such that there is no proactive plan to return the child to the birth parents or to other family members;
• Where parents have indicated that they may want their child adopted, but have not formally consented.

The local authority should not consider such a placement where the child is Accommodated under Section 20 Children Act 1989 and there is a reasonable likelihood that the child will be able to return to his or her birth parents or to family or friends.

3. Concurrent Planning

Concurrent planning is usually used in cases where rehabilitation with the birth family is still being attempted, but it is expected that adoption will become the plan for the child should the rehabilitation not be successful.

Concurrent planning requires the identification and delivery of a detailed rehabilitation plan while the child is placed with carers who are approved for both fostering and adoption who support that plan. If the rehabilitation plan proves to be unsuccessful, the foster carers can go on to adopt the child once Care Proceedings and the Placement Order application are completed.

It involves placing a Looked After Child with approved foster carers who, as well as providing temporary care for the child, bring them to regular supervised contact sessions with their parents and other relatives. In addition, the carer may spend time with the parents at both ends of contact sessions to update them on the child's progress. This enables a relationship to develop which is supportive to the parents. The agency provides focussed support via a contact supervisor whose role is to advise the parents to help them to change their lifestyle and improve their parenting skills with the aim of enabling their child to return home to them. If this is the outcome, the child will have maintained contact with their parents and have sustained their attachment because of the regular contact visits. But the carers are also approved as adopters so that if the parents' rehabilitation plan is not successful, the child may be placed with the carers for adoption, ensuring a continuity of attachment.

4. Fostering for Adoption

4.1 Duty to Consider Fostering for Adoption Placement

Under Section 22C (9A and 9B) of the Children Act 1989 as amended by the Children and Families Act 2014, where the local authority are considering adoption for a child (see Section 4.2 Considering Adoption for a Child) or are satisfied that the child ought to be placed for adoption but is not yet authorised (either by consent or by Placement Order) to place the child for adoption, the authority MUST consider placing the child with a relative, friend or other Connected Person who is also a local authority foster carer or, where they decide that such a placement is not the most appropriate placement, then they must consider placing the child with a local authority foster carer who has been approved as a prospective adopter.

Where a child is placed in a fostering for adoption placement, the relationship which the child has with the person who is a prospective adopter must be considered by the Court or Adoption Agency alongside other relevant relationships the child has with their relatives or other persons. (See Section 9 Children and Social Work Act 2017 amending Section 1(f) Adoption and Children Act 2002).

In such a situation, the requirements under the Section 22 of the Children Act 1989 to ensure that placements allow the child to live near the parents' home, be placed within the local authority area, remain at the same school and to be placed together with sibling(s), do not apply.

(The carers may be dually approved by being fully approved adopters and foster carers for any child, or they might be approved prospective adopters who have been temporarily approved as foster carers for a named child under regulation 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

Such a placement must be approved by the Nominated Officer (The Agency Decision Maker) who must:

• Be satisfied that:
  • The placement is the most appropriate placement available for the child and will safeguard and promote his/her welfare; and
  • The child's wishes and feelings have been ascertained and given due consideration, and the IRO has been informed; and
  • If their whereabouts are known, notify the child's parent(s)/guardian of the proposed placement.

4.2 Considering Adoption for a Child

Examples of when a local authority may be considering adoption include:

• Where the local authority is trying to rehabilitate the child with the birth parents, there are no suitable family or friends carers and adoption is the best option for the child if rehabilitation does not succeed;
• Where the local authority has decided at the permanence planning stage that adoption should be the plan for the child. The local authority must be able to demonstrate to the ADM and the court why the child cannot return home, why the child has not been placed with family or friends, why no other permanence plan is appropriate for the child and why adoption is the right plan for the child;
• In cases where the birth parents have indicated that they are likely to consent to the child being placed for adoption, but have not yet consented;
• A Fostering for Adoption placement can also be made after the ADM has made the decision that the child should be placed for adoption, but does not yet have authority to place the child for adoption.

Examples of where a local authority will not be considering adoption include:

• The child is likely to return home;
• They are aware that there are family or friends who can care for the child;
• A permanence placement other than adoption is more appropriate for the child.

If at any point during the planning of a Fostering for Adoption placement, or if the child is already in such a placement, there is any change to the circumstances of prospective carers, including relatives, a planning meeting with the Fostering for Adoption carers and all professionals involved should take place to consider the new information at the earliest opportunity, so that the carers can make an informed choice about their position. Similarly, this also allows the local authority to consider their position in light of the change in circumstances.

4.3 Notifications

Where a decision is made to place a child in a Fostering for Adoption placement, the adoption agency must:

• Notify the prospective adopter in writing;
• The child's social worker explains the decision to the child in an appropriate manner, having regard to the child's age and understanding;
• The child's social worker explains to the birth parents (including fathers without Parental Responsibility)/guardian, the legal implications.

On those occasions where the child is voluntarily Accommodated under Section 20 of the Children Act, the notification should remind the birth parents of their right to remove the child from the local authority's care and should provide advice on access to legal advice and appropriate advisory bodies. At this point, the Local Authority may wish to consider commencing care proceedings.

The parents should be informed that the local authority cannot pre-judge the outcome of Care Proceedings and only the court can authorise placement for adoption if the parents do not consent to their child being placed for adoption.

5. Identifying Adopters to Deliver Fostering for Adoption (FFA)

As part of Stage One preparation, prospective adopters will be given further information on FFA through a variety of training materials. This training will include the fostering task, the types of children who FFA will suit, the benefits and challenges for all the parties in the process, the legal framework, the role of contact and expectations of carers and the roles of the professionals involved. If adopters wish to pursue FFA, this training will be expanded further in Stage Two.

Stage Two adoption preparation training will address FFA further. This specialist training on the dual role of being an adopter and a foster carer will cover all of the above in more detail. This can either be offered on a one to one basis or as part of a group if more than one family is interested in pursuing FFA. Assessing social workers will need to have a full discussion with prospective adopters about FFA being for the child's benefit, and explore their motivation in considering this. Prospective adopters need to fully accept that FFA does not present the Adoption Panel or the court with a 'fait accomplis' and fully appreciate the risks and as well as the benefits. Where prospective adopters continue to wish to pursue FFA, this must be recorded on their PAR so that the Adoption and Permanence Panel will be aware at the point they consider recommending suitability to adopt (although they cannot make a specific recommendation of suitability for FFA).

Assessing social workers will need to ensure the full implications of being a foster carer, whether as a generally approved (dual approval) carer or as a temporary approval for a named child (regulation 25A) are fully explored and recorded in the PAR.

When using Regulation 25A the timing of preparation is crucial and may need to be condensed, therefore prospective FFA carers will need to be supported to be physically, mentally and emotionally prepared within a short timeframe.

Regardless of under which legislation the adopters are approved, as foster carers they will need to focus on; managing potential loss (if the child is returned to its family of origin), developing an empathy with the birth family, managing contact with the birth family positively for the child, engaging in meaningful life story work and changes in their lifestyle over and above those anticipated through adoption.

6. The FFA / Concurrency Approval Process

Dual Approval

Prospective adopters who are generally interested in offering FFA / Concurrency will need to be presented to the Adoption and Permanence panel for approval as adopters and foster carers. The approval is not specific to a named child. The PAR for FFA / Concurrency will need to be compliant with the specific requirements for fostering approval.

Regulation 25A

Approved prospective adopters can be given temporary approval as foster carers under Regulation 25A of the Care Planning, Placement and Case Review (England) Regulations 2010.

This temporary approval can be given for a named Looked After child, where the local authority considers that this is in the child's best interests.

Before giving such approval, the responsible authority must:

• Assess the suitability of that person to care for the child as a foster carer; and
• Consider whether, in all the circumstances and taking into account the services to be provided by the responsible authority, the proposed arrangements will safeguard and promote the child's welfare and meet the child's needs as set out in the Care Plan.

The temporary approval period expires when:

• The placement is terminated by the local authority;
• The approval as a prospective adopter is terminated;
• The prospective adopter is approved as a foster carer;
• The prospective adopter gives 28 days' written notice that they no longer wish to be temporarily approved as a foster parent in relation to the child; or
• The child is placed for adoption with the prospective adopter.

The approved adopters will have expressed a wish to offer FFA for a named child having received all the information available on the child's needs and circumstances, including any health and development assessments/reports. Please refer to the Coram/BAAF guidance on what information can be shared with the adopters at this time.

7. Process for Placing a Child in a Fostering for Adoption (FFA)/Concurrency Arrangement

1. The decision is made that child should be placed on FFA / Concurrency basis;
2. The child's social worker notifies by email:
   • Team manager adoption;
   • Team manager fostering;
   • Professional Advisor Adoption;
   • Panel administrator Adoption.
3. The Adoption team manager allocates a family finder from the adoption team;
4. Early placement identification/matching discussion takes place between the Adoption team manager, the family finder and the child's social worker which is recorded on child's file;
5. FFA / Concurrency carers identified;
6. The Fostering team manager identifies a worker from the fostering service who will provide advice/guidance/training and support as required to the social workers and adopters in relation to the adopters' role as foster carers;
7. Discussions held with adopters – recorded on child's and adopters file;
8. Adopters wish to proceed and formally notify the agency using a standard letter to the adoption team manager;
9. Is the family dually approved as adopters and foster carers?
10. If yes the child's and the adopter's social workers complete a request for the child to be placed under Section 22C (9B&C) of the Children Act 1989 link to CoramBAAF form for the approval of Reg22C placement and Reg 25A temporary approval of foster carer form and submit this to the ADM for Adoption for agreement to this placement;
11. If the adopters do not have dual approval, the child's and the adopter's social workers complete a request for them to be approved under Regulation 25A (agreed by the ADM Adoption) and for the child to be placed under Section 22C (9B&C) of the Children Act 1989 (agreed by the ADM Adoption) (see CoramBAAF form for the approval of Reg22C placement and Reg 25A temporary approval of foster carer form) Information available on the child will vary according to the circumstances of each case, but the following if available must be sent with the request for the Reg 25 A approval:
    • Child's care plan;
    • Minutes of any child protection conferences;
    • Recent LAC Review;
    • CPR (where completed);
    • APR/matching report (where completed);
    • Medical information/medical adviser's summary (where available).
12. If the adopters are approved as temporary foster carers under Reg 25A all relevant notifications are sent to prospective adopters by fostering panel administrator;
13. Whether dually approved or approved under Regulation 25A, the adopters must sign a foster carer agreement. If dually approved then the terms of approval will be "For fostering to adopt and/or concurrency" and if approved under Regulation 25 A, it will be "approval as foster carers for a temporary period for.....(name of child) in compliance with Regulation 25A of the Care Planning Placement and Case Review Regulations (2010)".

8. Placement Under a Fostering for Adoption Arrangement

• Notifies the prospective adopter in writing;
• The child's social worker explains the decision to the child in an appropriate manner, having regard to the child's age and understanding;
• The child's social worker explains to the birth parents (including fathers without Parental Responsibility)/guardian the legal implications.

Where the child is voluntarily Accommodated under Section 20 of the Children Act, the notification should remind the birth parents of their right to remove the child from the local authority's care and should provide advice on access to legal advice and appropriate advisory bodies.

The parents should be informed that the local authority cannot pre-judge the outcome of Care Proceedings and only the court can authorise placement for adoption if the parents do not consent to their child being placed for adoption.

The adopters' social worker is their supervising social worker under the Fostering Services Regulations. The Adoption social worker will receive advice and guidance on applying the relevant fostering processes from a named fostering representative. Prior to placement a Placement Plan must be drawn up agreed and signed by all parties.

Supervision will be undertaken at a minimum every 4 weeks, but would have to be assessed for each family and may need to be more frequent combined with regular support visits during the initial period. The shorter version of the foster carer visit form will be used.

In relation to training, if the carers are dually approved, they will be expected to draw up a Professional Development Plan and start to complete the TSD standards. If approved as foster carers under Reg 25, they would not be expected to have a formal PDP, but would benefit from training related either to the fostering or adoption task or to the individual needs of the child. This should be explored and agreed in supervision. This could be through the fostering or adoption services.

The carers must complete the diary sheets daily in the first two weeks then weekly thereafter.

The carers must draw up a safer caring policy.

Should a foster for adoption arrangement exceed 12 months, the carers will need to be prepared for this Annual Review process.

From the point the child is placed with a FFA carer, they will be paid a fostering fee equivalent to the Carer fee (0-10 years) plus the skills fee and the age related fostering allowance. The amount paid will be in line with current rates paid to SMBC foster carers. This is the guidance taken from the PAR for FFA and concurrent carers.

"From April 2015, concurrent and FFA carers will be able to claim s.22c leave and s.22c pay from the point when the child is placed with them for a concurrent or FFA placement. They would not then be entitled to any further statutory adoption leave (SAL) and statutory adoption pay (SAP) if the child then becomes placed for adoption with them. However, not all adopters will be eligible for s.22c pay, e.g. self-employed workers, and in some cases a concurrent or FFA placement may continue for longer than the period covered by the s.22c pay and leave. In those circumstances, there should be exploration of what financial support the applicants would need and what the local authority would be able to offer. SG 6.31 suggests that local authorities should consider paying the equivalent of maternity allowance to self-employed adopters to fund their time off work. The entitlement to s.22c pay would not affect the concurrent or FFA carer's entitlement to receive a fostering allowance applicable to that child, for the period of the foster placement until the point at which the child is placed for adoption with them."

When the possibility of a FFA placement is being considered, there needs to be discussions with the adopters about if they are able to claim adoption leave and pay, and the timing of when they intend to claim this. Discussions also need to take place about any on-going financial adoption allowances, which may be payable under the current policy on financial support to adopters, once the placement becomes an adoptive placement. The fee will not be paid once the placement becomes an adoptive placement, even if the adopters qualify for an on going adoption allowance.

It is recommended that in all FFA circumstances there is at least one face to face meeting, at an early stage, between birth parent/s and FFA carer/s. However, this will need to be considered on a case by case basis, in some situations may not be suitable because of inherent risk factors.

Some children suitable for FFA will have on going contact; the arrangements for the management of this will be discussed on a case by case basis. The important area for FFA carers to recognise and consider is that these are fostering placements and as such birth parents have a right to see their child as agreed within the Care Plan. FFA carers have to be willing and able to allow the child to have contact with their birth family. If assessed as safe to do so, the FFA carer should escort the child to contact and assist if e.g. the child becomes distressed. Consideration should be given to the appropriateness of the FFA carer supervising the contact with the birth family. The FFA carer will be reimbursed for costs linked to facilitating contact. The contact frequency and location will have been negotiated through the court process but the guiding principle needs to be not to offer an amount over and above the best interests of the child.

9. Care Planning Thereafter

It is essential that all parties are aware that FFA does not secure the future permanent family for a child; this can only be done by the court. The child (commensurate with his/her age and understanding) will need to be given an explanation of this as will the family. i.e. that the child will be staying with the FFA carers until the court decides on what will happen. The possibility of the family being 'forever' will need to be explained.

The court will need to be informed of the local authority's plan and the court care plan will need to give reasons why the local authority does not intend to actively pursue an alternative plan for the child.

Once a Care Order and Placement Order have been made the social workers for the child and the adoptive family will need to present all the relevant matching documentation to the Adoption and Permanence Panel for a recommendation to approve a formal adoption placement.

Once the status of the placement is 'placed for adoption' all of the regulations specifying frequency of social worker visits, timescales for statutory reviews, timescale for making an adoption order application will apply as standard.

10. Adoption Support

Throughout the process the adopters will receive support in understanding and carrying out their role and managing the risks and uncertainty. They will also be provided with information on the child's developmental needs as and when information becomes available. All of this will need to form the basis of the initial Placement Plan which can be developed into an Adoption Support Plan that considers the child's short term and longer term needs.