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This briefing
should be read in conjunction with our response to the white paper and
BAAF’s briefing notes.
The Bill aligns
adoption law with the relevant provisions of the Children Act 1989 to
ensure that the child’s welfare is the paramount consideration in
decisions relating to adoption.
Whilst welcoming
this development in situations where dispensing with parental consent
is under consideration we believe there should be a threshold test
which would need to be met before parents lose their legal
relationship with their child.
Special Guardians
Adoption provides
security and permanence to children, at present the majority of
children placed for adoption are under 5 years of age.
Older children are placed for adoption and this option should
always be considered however for some the new provision of special
guardianship may be appropriate.
However others may need a high level of support and
professional involvement within a foster placement.
With this proviso
we welcome the proposal in Section 94 to introduce special guardians
but to have concerns that although the white paper suggested there
would be financial support there is no mention of this in the
legislation and in many cases this could deter foster carers or
extended family members being willing to take this role.
There would also need to be a duty for the Local Authority to
provide financial support for the education of a young person in a
similar way as exists at present for care leavers.
National Register
We welcome the
provision for a National Register of children awaiting adoption and
prospective adopters.
Adoption Support Services
The Bill places a
duty on local authorities to provide adoption support services. We are
concerned that whilst children and families have a right to be
assessed by the local authorities, there is no obligation to provide
the service. This could
result in families undergoing protracted assessments and despite this
be an acknowledgement of need no service provided.
Potential adoptive applicants need to know they can count on
support services being available across the country.
The duty to provide a multidisciplinary strategy is required to
respond to the complex needs of many of the children.
We welcome the
duty to extend adoption services to natural parents, former guardians
and to adopted persons. We
regret that there is no commitment to a statutory intermediary service
for birth family members seeking contact with adopted adults.
The Department of Health has recently produced guidelines for
undertaking this area of work and believe it should be placed on a
statutory footing.
Placing Orders
The Bill makes
provision for new measurers for placement for adoption with consent
and placement orders to replace the existing provision in the Adoption
Act 1976 for freeing orders. We
are uncertain if a Children’s Guardian would be appointed if an
application is made for a placement order.
If not how will the child’s wishes and feelings be known?
Is there the potential for delay in linking and placing a child
before a court hearing is obtained?
We are also
concerned about interim parental responsibility being held by
prospective adopters as there are situations of placement disruption
which could lead to complicated legal questions.
Access to information
Over the years
the acknowledgement of the adopted persons need to have information
about the reasons and circumstances leading to their adoption has been
acknowledged. We are very
concerned at the implications of Clause 49 denying an adopted adult
access to their information about their birth family members without
consent. Consent may not
be available because it has not been possible to trace or the parent
is unwilling to allow their information to be shared. Research has shown that adopted adults sense of wellbeing is
greatly enhanced if they are able to access information about their
roots.
Adoption Allowances
Whilst Clause
3(8)B makes some reference to ‘financial support’.
If the Bill wishes to widen the pool of families who are
willing to consider adopting it is essential that there is a review of
the adoption allowance system and would recommend that national rates
were introduced. Many low
income families might come forward if there was an allowance that
covered the day to day maintenance of a child.
Lastly whilst
noting the use of the welfare checklist we are concerned that the
child’s voice is notable for it’s absence in the wording of the
Bill.
Ann Hague
Susan Bindman
23rd April 2001
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