Non Agency Adoption

SCOPE OF THIS CHAPTER

This procedure applies to applications in relation to adoptive placements that have not been arranged by a local authority or registered adoption agency, other than children brought into the UK for the purposes of adoption. This will include adoption applications by step-parents, relatives, private foster carers or local authority foster carers who have not sought or obtained the local authority's approval for the placement becoming an adoptive placement.

In relation to such applications, the residence requirement are as follows:

  • If the applicant or one of the applicants is the partner of the parent of the child, the child must have lived with the applicants continuously for 6 months prior to the application;
  • If the applicants are local authority foster carers, the child must have lived with the applicants continuously for 12 months prior to the application;
  • In any other case, the child must have lived with the applicant(s) for three out of the last five years prior to the application or the Court must have granted leave for an earlier application.
For the procedure in relation to children who have been brought into the UK for the purposes of adoption - see Inter Country Adoption Procedure.

1. Eligibility Criteria

Enquirers may only be excluded if they do not meet the eligibility criteria as follows:

  • 21 years old;
  • The prospective adopter or one of the prospective adopters is domiciled in the British Islands and have been habitually resident in the British Islands for at least a year before they apply to the court for an adoption order.

Establishing domicile and habitual residence status

Where there is an issue about the domicile and habitual residence status of an individual, they should seek their own independent legal advice. The adoption agency may also wish to seek legal advice.

A person is domiciled in the country in which they either have or are deemed to have their permanent home. In law, everyone must have a domicile, and can only have one domicile at any time. A person receives at birth a domicile of origin which remains their domicile, wherever they go, unless and until they acquire a new domicile (a domicile choice). A person may acquire a domicile of choice by residing in a country other than their domicile of origin with the intention of continuing to reside there indefinitely. The intention that must be shown is the quality of residence. It is not sufficient for there to be an intention to reside in a country for a fixed period of time or until some clearly foreseen and reasonably anticipated event happens.

Where or not a person is habitually resident in the UK will depend on the circumstances of their particular case and all facts must be considered. Habitual residence will not solely be determined by the place where a person is living at the time. The term indicates the quality of the residence rather than mere duration and requires an element of intention. The term suggests that personal presence must continue for some time. Many factors must be taken into account, including bringing possessions, doing everything necessary to establish residence before coming, having a right abode, seeking to bring family, and 2durable ties2 with the country.

It is also possible to be habitually resident in two countries at the same time. Factors such as possession of a property, type of employment contract, financial arrangements and location of bank accounts, and local connections are just some of the many factors that may be relevant to any question relating to habitual residence.

2. Initial Contact

Where residents of the local authority area request advice by letter, telephone or in person in relation to a non-agency adoption, the matter should be referred to the Adoption Service.

The prospective applicants should be offered information and advice on the adoption process and the implications of adoption, including the following:

  1. Alternatives to adoption;
  2. The child's need to know that s/he is adopted and have information about the birth family;
  3. The requirement for the consent of parents with Parental Responsibility to be obtained;
  4. The role of CAFCASS;
  5. The need to notify the local authority of their intention to apply for an Adoption Order;
  6. An Initial Enquiry Form should be completed in relation to each enquiry received and entered onto Carefirst enquiry screen;
  7. The adoption social worker sends the non-agency information letter and the CoramBAAF stepchildren and adoption leaflet. The letter advises of non-agency adoption and other alternatives. The enquirer can then contact the adoption team by telephone if after reading the information they still wish to consider non-agency adoption;
  8. If after the receiving the written information the enquirer still wishes to pursue non-agency adoption an initial visit by an adoption social worker should be arranged within 6 weeks;
  9. The purpose of the visit is:
    • To check the identity of the enquirers. The social worker should discuss with the enquirers their hopes and expectations of adoption and to offer them advice and information. This should include ensuring that they fully understand the implications of adoption and are aware of possible alternative courses of action.
  10. Enquirers should be specifically asked to identify anything that they know may preclude them from adopting;
  11. After the initial visit the Adoption Agency Manager sends a letter detailing how to register a notice of intention.

Notifications

  1. The proposed adopter/s should send to Solihull MBC their notice of intention in writing.

Upon receipt of the notice of intention the Adoption Agency Manager should write to the proposed adopter/s confirming receipt of the notice of intention and inform them of the timescale for allocation of a social worker.

The local authority will have a duty to supervise the welfare of the child if the child is within the definition of Privately Fostered - see Section 5, Local Authority Duty to Supervise Child.

  1. Notice of intention by the applicant must be provided to Solihull MBC at least 3 months and not more than 2 years before the adoption application is made to the court;
  2. A carefirst record must be set up for the child and all adults involved.

Recording on Carefirst should be on the adult applicant being assessed.

  1. Carefirst recording must be cross referenced to the child's record and the other adult (if applicable);
  2. The adoption social worker must set up a child's file and an adopter's file;
  3. As soon as practicable after notification is received, the allocated social worker will leave forms for the prospective adopters to complete for Disclosure and Barring Service checks for all members of the household aged 18 or over;
  4. The allocated worker must fulfil the qualifications and experience criteria set out in the Adoption Panel Procedure, Adoption Panel Membership.

Where a foster carer is making a non-agency application to adopt a Looked After child, with the support of the local authority, the case will be allocated as soon as possible.

3. Medical Information

Except where the application is by a step parent in which case a medical report is not required, the social worker will check that the applicants(s) and the child have received a medical examination before the adoption application is submitted.

If medical examinations are required, (these to be paid for by the applicants) the social worker will provide the applicants with the relevant CoramBAAF medical forms for completion. These should be submitted to the Court with the adoption application and the Court will send copies to the local authority when a Court report is requested. Upon receipt, the completed medical forms should be passed by the social worker to the Medical Adviser for comment. These comments should then be included in the Court report (see Section 6, Court Request for Report).

4. Other Checks

On receipt of the notification of intention to apply to adopt, the social worker should arrange a Disclosure and Barring Service on the applicants and any member of the household aged 18 or over. Forms should be left for the prospective adopters to complete as soon as practicable after notification of an intention to adopt is received.

Consent should also be obtained for checks to be carried out with the local authority, Probation and the health trust - and the necessary checks should be made.

5. Local Authority Duty to Supervise Child

On receipt of a notification in relation to a child who comes within the definition of Privately Fostered, the adoption social worker must supervise the child until an Adoption Order is made in accordance with the Private Fostering Procedure, except that, where the child is already known to the local authority, the requirements under the Private Fostering Regulations as to the initial visit to the placement will not apply.

The aim of the supervision is:

  • To ensure the child is well cared for and in receipt of appropriate health and education services;
  • To support the prospective adopters and help them focus on the task of integrating the child into their family and of providing the child with full information about his or her background and birth family.

All visits should be recorded on Carefirst, including whether the child was seen and if so, whether the child was seen alone.

The social worker should advise the prospective adopters, if appropriate, of the need for them to provide medical reports on themselves and the child to accompany their adoption application (see Section 3, Medical Information). The social worker should also attempt to obtain medical information on the birth parents and a neonatal report on the child if under 5 years old. The social worker should send all available medical information to the Medical Adviser for comment.

The social worker should ask the prospective adopters for the names of two personal referees, whom the social worker should interview.

The child will continue to have the status of a privately fostered child until an Adoption Order is made or until notification is given that the prospective applicants no longer intend to apply to adopt.

Prospective applicants should be asked to clarify their intentions if there is a delay and no adoption application is lodged. If this is not forthcoming, the social worker involved should write to the prospective applicants indicating that unless confirmation is provided of an intention to adopt, it will be assumed that the notification is withdrawn. In any event, after 2 years the notification will lapse.

6. Court Request for Report

Where a Court receives an adoption application in relation to a non-agency adoptive placement, the Court will notify the local authority of the hearing date and request a Report be prepared and submitted to the Court, usually within 6 weeks of the receipt of the notification. The Court timescales should be clarified at an early stage and if more time is required, a written request must be submitted to the Court as soon as the need for an extension is identified.

The social worker responsible for the supervision of the child will be responsible for preparing the Report, and for this purpose should gather available information on the child and parents - see sections below.

The allocated worker must fulfil the qualifications and experience criteria set out in Adoption Panel Procedure, Reports to Adoption Panel.

Once completed, the social worker should send the Court Report to the Adoption Head of Service for approval so that it can be filed with the Court within the required timescale.

The adoptive applicants will have to indicate in their adoption application whether or not there is Parental Consent to the application (court form A104). If the parents do not consent, it is for the applicants to ask the Court to dispense with the agreement of the parent or parents.

The social worker preparing the report should attempt to interview both birth parents in relation to the adoption application and ascertain their views. If the parents do not live within a reasonable travelling distance, the social worker may request that a social worker from the local authority for the area where the birth parents now live interview them.

The report should address the significance of the role played so far by the birth parents in the child's life and the implications of an Adoption Order for any future parental role.

8. Child's Wishes and Feelings

The social worker should speak to the child to ascertain his or her wishes and feelings in relation to the adoption and report on these to the Court. Where the child is not aware of the adoption application, the social worker should discuss with the adopters the best way to address this so that the child's views can be obtained.

The discussion with the child should address any confusion on the part of the child in relation to the implications of an Adoption Order for example where the adoptive applicant is a relative.

9. The Applicants

The report will need to comment on the strength and duration of any new family relationships, particularly in the case of an adoption application by a step parent. Where there is limited evidence of the strength and stability of the relationship, the applicants should be advised to consider deferring the application until there is more evidence of stability. Applicants relationship stability must be evidenced with a minimum of two years of living together/marriage and/or where there has been a significant life event; or change in circumstances that a significant time period of stability has elapsed since the event.In addition, alternatives to adoption should be discussed and explored with the applicants, who should be encouraged to consider them.

For example where the main concern is the child's name, the applicants should be advised to seek legal advice on how to achieve this without the need for an adoption order.10. Adoption Support.

Other than an application by a step parent, the social worker should consider the likely need of the child and adoptive family for adoption support. See Adoption Support Procedure.

10. Adoption Support

Other than an application by a step parent, the social worker should consider the likely need of the child and adoptive family for adoption support. See Adoption Support Procedure.

11. Alternatives to Adoption

The report should address any alternatives to adoption, which may offer a better framework for the child and the birth parents' future role.

12. Adoption Hearing

The social worker responsible for preparing the report should attend the adoption hearing.

13. After the Court Process

Once the adoption proceedings are complete, the social worker should complete the child's Adoption Case Record and arrange for its safe storage in the Adoption Archives.