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Contents

1. Scope of Specialist Advisers available to Dudley Adoption Service
   1. Medical Adviser
   2. Legal Adviser
   3. Panel Adviser
   4. Other Specialist Advice

1. Scope of Specialist Advisers available to Dudley Adoption Service

Medical, Legal, and Professional

The adoption agency will have available a Medical Adviser, a Legal Adviser, a Panel Adviser, and access to any other professional advice as may be required from time to time.

Race, Culture, and Adoption Law

In particular the adoption agency will be a full member of BAAF and able to access their services for specific advice on matters of race and culture, and legal issues around the interpretation of adoption legislation.

Inter Country Adoption

The Agency will also maintain its membership of the Overseas Adoption Agency to facilitate any specific advice it requires on Inter country adoption matters

A. The Medical Adviser

The Medical Adviser will be the medical doctor nominated by the relevant Dudley Health Trust as the responsible Medical Officer for Looked After Children.

The Doctor appointed to this post will be a senior registered medical practitioner with wide experience of children's health and development.

The Medical Adviser to the Adoption Panel will be in the employment of the relevant Dudley Health Trust.

The Medical Adviser must hold a current licence to practice medicine.

Responsibilities of the Medical Adviser

The Medical Adviser to the Adoption Panel will be responsible for the following:

1. Preliminary advice to the adoption agency on the likely suitability of any prospective applicant for adoption - to assist the agency to determine whether or not to invite an application.
2. Arranging for any additional information from consultants and other health professional, as considered necessary by the Medical Adviser, to inform the decision making process.
3. Advice to the Adoption Panel on the medical suitability of any applicant for adoption. The Medical Adviser will offer a professional opinion, but the decision on recommending acceptance or rejection of an applicant will be the responsibility of the whole Panel.
4. Making arrangements for a child with a proposed adoption plan to be medically examined for the purpose of an Adoption Medical
5. Advising the Adoption Panel on the outcome of any medical examination of any child whose plan for adoption is consider by the Panel
6. Advising the Adoption Panel on the health and development implications, including the need for further medical intervention or support, for any child for whom a match is proposed.
7. The Medical Adviser will sit as a full member of the Adoption Panel
8. Where appropriate, the Medical Adviser will see prospective adopters to share with them information considered relevant by the Adviser on the circumstances, needs and life chances of any child whom it is proposed to place with the adopters.

Protocol

The Medical Adviser will receive requests for medical advice on
		Applicants for adoption; and Children with a proposed plan for adoption under such administrative arrangements between the local authority and the Health Trust as may be in place and will make the necessary arrangement for providing the local authority with relevant information.
Advice from the Medical Adviser will be conveyed orally to the Adoption Panel, and confirmed in writing to the Adoption Service. A copy of the Adoption Medical Report will be made available to children's social workers in order that this can be passed on to the prospective adopters when a child is placed.  Where it is considered appropriate, the prospective adopters will be seen by the Medical Adviser by arrangement with the child's social worker and/or the adoption worker for the purpose of ensuring they have full and accurate information concerning the needs of the child whom it is proposed to place for adoption. The Medical Adviser will meet with staff from the Adoption Service from time to time to review arrangements around medical and health issues concerning prospective adopters, adopters and children to be placed for adoption.

B. Legal Adviser

The Legal Adviser will be a member of and employed by the Council's Legal Services. The lawyer appointed to this position will be experienced in children's legal issues. The Lawyer must be fully qualified and hold a current practicing certificate as a solicitor or barrister.

Responsibilities of the Legal Adviser

1. The Legal Adviser to the Adoption Panel will be responsible for the following:
2. Advising the Panel on any legal issue with implications for a child whose plan is being considered by Panel
3. Advising the Panel on the position with regard to legal proceedings
4. Advising the Panel on questions around parental consent to adoptive placements and the need for Placement Order applications.
5. Advising the Panel on matters concerning the implementation of any adoption legislation
6. Advising the Panel on any other matter as may from time to time be relevant to matters under discussion
7. The Legal Adviser will attend Panel whenever possible but will not offer an opinion on the suitability of an applicant for approval as an adopter, the plan for a child, or a proposed placement of a child with approved adopters, or take part in the decision making process of the Panel, except that where there is a matter directly concerning a legal issue, the Legal Adviser will offer advice to the Chair of Panel. Such advice must always be recorded if the Chair chooses not to follow the advice given.

Protocol

The Legal Adviser will receive copies of all Panel papers at the same time as other Panel Members. Upon receipt of the papers the Legal Adviser will be responsible for checking on progress of any children who are to be considered in order: To identify the stage of legal proceedings To identify any legal issues that may require clarification in advance of Panel. Prior to Panel, the Legal Adviser should have obtained sufficient clarification and information, including further legal advice where required, around legal issues to be able to properly advise the Panel on any relevant matter. The role of the Legal Adviser at Panel is to offer information and legal advice in connection with any matter under consideration. In particular it is the responsibility of the Legal Adviser to advise the Chair of Panel if it appears that Panel is about to make a recommendation or to act in a manner that is ultra vires. In the event that Panel continues without regard to the advice offered it is the responsibility of the Legal Adviser to fully inform the manager of the Adoption Service without delay as to the nature of the issues and the advice offered.

C. Panel Adviser

The Panel Adviser to the Adoption Panel will be a member of the Adoption Service and employed by the Service. The person appointed will be a qualified social worker with experience of adoption matters.

The Agency Decision Maker will determine from time to time who is to fulfil the role of Panel Adviser to the Adoption Panel, taking advice from the manager of the Adoption Service.

Responsibilities of the Panel Adviser

The Panel Adviser to the Adoption Panel will be responsible for the following:

1. Setting the Agenda for the Adoption Panel and arranging for members from the Central List to be invited to Panel meetings so that each Panel can discharge the business on the agenda effectively;
2. Working with the Panel Administrator to set the timetable of cases;
3. Advising social workers on matters concerning the adoption process;
4. Ensuring that the papers presented to Adoption Panel are complete;
5. Reading Panel papers prior to Panel to identify any key issues that may need clarification or require to be brought to the attention of the Chair of Panel;
6. Arranging for the Panel to be professionally and accurately minuted;
7. Attending Panel, or exceptionally arranging a substitute, and contributing a professional social work opinion on any relevant matter, advising the Chair of Panel on process and professional issues as required;
8. Noting any issues of professional practice arising in the course of Panel and reporting these back to the relevant managers, and recording any responses for the future attention of Panel;
9. With the Panel Administrator ensuring the quality of minutes for presentation to the Chair and Agency Decision Maker;
10. Arranging for Panel Members to receive induction training and thereafter opportunities for development and training, including arrangements for at least one annual training day
11. Ensuring Panel members receive information on adoption legislation, regulations and any relevant case law;
12. In consultation with the Chair of the Panel, reviewing the performance of all members of the Central List of members on an annual basis;
13. Ensuring that where the members performance or attendance of members of the Central List at Panel meetings is not satisfactory this is addressed by the adoption agency;
14. Arranging for any specialist professional advice where required by the Panel, for example, in cases of inter country adoption;
15. Ensuring that where any recommendation of the Panel appears to breach good professional practice or is not consistent with the Panel Adviser's perception of the what is in the best interests of a Child, or is in any way contrary or contentious, the Panel Adviser's view is clearly expressed at the Panel meeting and the Panel minutes accurately reflect this point of view so that the matter is specifically brought to the attention of the Agency Decision Maker prior to any formal decision being made.

Protocol

• The Panel Adviser will review the timetable for the Panel in the immediately preceding week and agree the items and timetable with the Panel Administrator;
• The Panel Adviser will agree with the Administrator the relevant papers to be presented to each Panel;
• The Panel Adviser will offer such advice and guidance to social workers as seems appropriate in connection with adoption matters. Where there is a disagreement about the readiness of an item to be presented to Adoption Panel, the Panel Adviser's decision will stand. In the event that the worker disagrees then the matter will be referred upwards for relevant senior managers to resolve;
• The Panel Adviser will ensure that relevant issues are identified by Panel during the discussion and if any significant issue is not identified will bring it to the attention of the Chair;
• The Panel Adviser will oversee the production of the minutes of the Panel prior to them being sent to the Chair and Agency Decision Maker;
• The Panel Adviser will contact relevant managers to discuss issues of professional practice arising in the course of Panel proceedings;
• The Panel Adviser will normally attend Panel in person or exceptionally arrange a substitute but will not be a voting member of the Panel;
• Where specialist advice is required that cannot be provided from the range of expertise within the department, the Panel Adviser will be responsible for obtaining this either from one of the agencies of which Dudley is a member (BAAF or Overseas Adoption Agency), or the relevant Government Department (Department for Education, DoH, Home Office);
• The Panel Adviser will be responsible for monitoring the attendance and participation of members of the Central List at Panel meetings, and for an annual appraisal of their performance. Where significant issues arise in the course of the year these should be addressed by the Panel Adviser, in conjunction with the Chair, and efforts made to resolve them through discussion and training. Where issues have not been resolved the Panel Adviser must bring this to the attention of the Designated Manager (Adoption Panel Appointments) who will discuss the issue with the Service Director, Children's Services with a view to determining how to resolve the issue in question;

D. Other Specialist Advice

The Agency will access other Specialist Advice as required.

Protocol

Issues requiring additional specialist advice, for example in relation to overseas/inter country adoptions, may be identified by either the Chair of Panel, the Panel Adviser, one of the other Advisers, or in the course of Panel discussion. 

It will be the responsibility of the Panel Adviser to seek specialist advice when required. Such advice may be given verbally, and passed on through the Panel Adviser, or exceptionally in person by a relevant professional attending the Panel to present the required advice.

End