4.10.3 Adoption Panel Policy |
AMENDMENT
This chapter was amended in October 2011 to reflect the Adoption National Minimum Standards 2011 and Adoption Guidance 2011. In particular the constitution and membership of the Panel has changed.
Contents
- Adoption Panel Purpose and Function
- Adoption Panel Membership
- Adoption Panel Meetings
- Adoption Panel Minutes
- Reports on Adoption Cases to Adoption Panel
1. Adoption Panel Purpose and Function
The Adoption Panel has an overriding responsibility to promote good practice, consistency of approach and fairness in all aspects of adoption planning and the work of the adoption service.
The Panel receives annual reports on the adoption service and its performance.
Recommendations
As part of its adoption function, the Panel makes recommendations as to the following:
- The suitability of prospective adoptive applicants as adoptive parent/s
- Whether a child should be placed for adoption
- Whether a child should be placed for adoption with particular prospective adopters
The recommendations must be unconditional and cannot be 'in principle'.
Timescales:
Adoption Panels make a recommendation on the suitability of a prospective adopter to adopt within eight months of receipt of the formal application.
Adoption Panels make a recommendation on whether a child is suitable to be placed for adoption within two months of the Looked After Review where adoption was identified as the child's identified Permanence Plan.
Adoption Panels make a recommendation on the proposed placement of a child with particular prospective adopters within six months of the Agency Decision Maker's decision that the child is suitable to be placed for adoption.
Where the timescales are not met, the Adoption Panel should record the reasons.
Advice:
The Adoption Panel may also advise on the following issues:
- Where prospective adoptive parent/s are recommended as suitable adoptive parent/s, the number of children the adoptive parent/s may be suitable to adopt, as well as their age range, sex, likely needs and background;
- Where it is recommended that a child should be placed for adoption, what the contact arrangements for the child should be, the separation of siblings and whether a Placement Order should be applied for;
- Where it is recommended that a child should be placed with particular prospective adopters, the proposed adoption support, future contact arrangements and the exercise of Parental Responsibility.
Monitoring
The Adoption Panel also monitors the progress of individual children for whom adoption is the plan up to the making of an adoption order, through progress reports as required under Placements for Adoption Procedure.
The Adoption Panel receives Disruption Reports in relation to any breakdowns in adoptive placements or permanent foster placements (see Disruptions of Adoptive Placements Procedure).
The Adoption Panel should also provide feedback to the adoption agency every six months on the quality of reports and whether there is a fair and consistent approach across the service.
2. Adoption Panel Membership
There is no fixed Panel membership or maximum number of members or maximum tenure of office.
A Central List needs to be maintained containing a list of persons considered to be suitable to be members of an Adoption Panel.
When setting up an Adoption Panel, members will be drawn from this Central List. The same people do not have to be appointed to every Panel meeting.
The Central List should include (in addition to the Independent Chair):
- Adoption social workers with at least 3 years' relevant post qualifying experience in child care social work, including direct experience in adoption work (not necessarily employed by the agency);
- The Medical Adviser/s;
- Other persons whom the agency considers suitable including specialists in education; race and culture; child and adolescent mental health services; and those with personal experience of adoption.
The Chair must be independent of the adoption agency, and is appointed by the Designated Manager (Adoption Panel Appointments).
The Agency Decision Maker (Adoption) on adoption matters must not be included on the Central List
The agency should decide how many people should sit at each Adoption Panel meeting, provided that there is a quorum of five, one of whom must be the Chair or Deputy Chair, one of the social worker representatives and at least one independent member.
2.1 Appointments to the Central List
Those on the Central List are appointed by the Designated Manager (Adoption Panel Appointments). They can continue their membership as long as they are able to carry out their duties.
All those on the Central List should have undergone a recruitment process that includes interviews, identity checks, verification of qualifications and right to work in the UK, references and CRB checks, which are recorded.
New appointees will be asked to give signed agreement to checks being undertaken as above,
and cannot take up their appointment until the outcome of the checks are known. They are excluded from Panel membership if they have any offences against children or of violence. They will be required to notify the agency immediately if they receive such a conviction or caution while on the Central List.
They should have the opportunity to observe an Adoption Panel meeting before they sit as a member and to attend an annual joint training day with adoption agency staff; have induction training completed within 10 weeks of inclusion on the list and access to appropriate training and skills development and are kept abreast of changes to legislation, regulation and guidance.
They should also have access to the agency's whistle-blowing policy.
Written information about the expectations arising from their appointment should be given to new appointees to the Central List (in relation to their performance objectives, participation in induction and other training, safeguarding the confidentiality of information provided to the Panel and their general conduct - see paragraphs 2.2 Confidentiality and Section 2.3 General Conduct) and they should be asked to sign a written agreement confirming their acceptance of these before taking up their appointment.
2.2 Confidentiality
All written and verbal information given to Panel members in the course of their duties is strictly confidential. As indicated above, those included on the Central List are required to agree in writing that all information will remain confidential.
Panel members are expected to keep all written information in a secure place and return all documents relating to cases, to the Panel Administrator immediately after each Panel meeting.
Panel members must not copy in part or in whole, any documents that relate to a case.
If a Panel member has some knowledge of a case, whether in a personal or professional capacity, they should declare an interest and inform the Chair of the Panel. This should be done at the earliest opportunity, so that an alternative member of the Central List can be invited if required to ensure the Panel is quorate (see Section 2.4 Conflicts of Interest).
Failure to comply with the above paragraphs may result in the member's inclusion on the Central List being terminated.
2.3 General Conduct
All those on the Central List should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.
Panel members should have read the Panel papers carefully, prior to the Panel meeting and come prepared to contribute to the Panel discussion.
The Panel Adviser will review the performance of those on the Central List on a regular basis. The Panel Adviser, in consultation with the Chair, will review their performance on a more formal basis at least annually.
If there are concerns about the conduct or behaviour of a person on the Central List, this should be conveyed to the Chair who will raise these concerns with the person in private.
If such concerns cannot be resolved informally, the Chair, in consultation with the Designated Manager (Adoption Panel Appointments), will write to the person concerned, setting out the concerns and what action it is proposed to take. See Section 2.6, Termination of Appointment to the Central List for action that may be taken if the concerns continue.
The Chair's performance will be reviewed annually by the Agency Decision-Maker, taking into account the views of members of the Central List and those who attend Panel meetings, for example social workers and prospective adopters.
2.4 Conflicts of Interest
Panel members should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect their capacity to act without prejudice or preference in a matter.
It is anticipated that in many circumstances there may be professional knowledge of a case which should be notified to the Chair but which will not affect a member's capacity to participate in the Panel. In other circumstances there may be a personal interest or connection which would require the Panel member to refrain from participation. It may be less clear in some cases when advice should be sought.
In the case of a potential conflict of interest where advice is required, Panel members should consult the Chair, Panel Adviser or Legal Adviser, giving as much advance notice as possible particularly having regard to the implications for the quorum.
2.5 Resignations from the Central List
All those on the Central List are expected to give a minimum of two months' written notice of their wish to resign, except where personal emergencies e.g. accidents, illness, make this impossible.
Resignation letters should be addressed to the Director of Children's Services, with a copy to the Chair of the Panel.
Initial verbal resignations may be given, but only at the close of Panel business and should always be followed by a written resignation. Those on the Central List are asked, as a matter of courtesy, to inform the Chair of the Panel of their intention to resign, before making any public announcement.
Written or verbal resignations should never be used during the course of a Panel meeting or subsequently, as a means of trying to influence the outcome of Panel business.
Panel members are not expected to temporarily withdraw their services, because of disputes/disagreements over Panel practice or policy. Any person taking such action will be deemed to have to have formally resigned with immediate effect, even if no written resignation has been received.
Panel members wishing to withdraw a submitted written resignation, must do so before the two months' notice period expires, by writing to the Director of Children's Services, who reserves the right not to accept a withdrawal of notice and to allow the original letter of resignation to stand.
2.6 Termination of Appointment to the Central List
Where it is considered that someone is unsuitable to be on the Central List, they must be given one month's notice in writing and reasons for the decision to end their appointment.
Where there are concerns about the behaviour of a person on the Central List either inside or outside the meetings, and attempts to resolve the difficulties have not been resolved by discussion between the Chair and the member concerned, the matter will raised by the Chair with the Designated Manager (Adoption Panel Appointments).
The Designated Manager will decide whether to recommend the end of the appointment and if so, will advise the person concerned in writing giving clear reasons for the recommendation.
The person concerned will be given the opportunity to make observations on the matter before a final decision is made by or on behalf of the Children's Social Care Committee.
3. Adoption Panel Meetings
The Adoption Panel meets monthly. The Panel Administrator will arrange additional special meetings at short notice as necessary, with the Chair's authority, where for example there is a need to consider an urgent placement.
The venue is Falcon House Conference Room .
The Panel Administrator will prepare and circulate an annual list of Adoption Panel dates and deadlines every November for the following year.
All Panel meetings will be attended by the Panel Adviser, who must be a senior practitioner or manager in the Adoption Service with at least 5 years' relevant post-qualification and management experience.
The Panel Adviser attends all Panel meetings to advise the Panel but is not a member of the Panel. His or her role is to ensure all the necessary reports are available for the Panel, to advise the Panel on social work and procedural matters and to report to social workers and their managers on issues arising from Panel meetings.
Where the Panel is considering a matter relating to an inter-country adoption, the Professional Adviser must arrange to provide specialist advice and any relevant information required.
The Panel Adviser's role is also to assist with appointments to the Panel, to arrange induction and other training for those on the Central List, monitor and review their performance and monitor and review the administration of the Panel.
The Panel's Legal Adviser is invited to attend all Panel meetings, but is not a Panel member.
See also Role of Agency Advisers to Adoption Panel Guidance.
The Panel Administrator, in consultation with the Panel Adviser, prepares the agenda for each meeting and draw members from the Central List. The agenda and Panel Papers for each meeting will be sent out to members five working days before the meeting.
Social workers presenting reports to the Panel must send copies of their report (anonymised) to the Panel Administrator 2 weeks before the date of the Panel meeting. (The Panel's requirements as to reports are specified in the relevant procedures elsewhere in the Manual). The Panel Administrator will arrange for the documentation to be distributed to Panel members. Court rules now permit any party to disclose information from Family Proceedings to an Adoption Panel to enable the Panel to function without needing the leave of the Court.
The agenda will include at the beginning an opportunity for any Panel member to declare an interest in any item on the agenda.
At the Panel meetings, members must declare where they know a person under consideration in a personal or professional capacity, in which case they should not participate in consideration of the relevant agenda item. If an interest is declared, the Chair must then decide whether the Panel member should withdraw during consideration of the item.
The Chair's role is to ensure that all members participate fully in the meetings (unless an interest has been declared), that sensitive regard is paid to foster carers while keeping the child's welfare paramount, that consensus is achieved wherever possible and that the Panel has clear reasons for its recommendations.
In the event of a disagreement between Panel members, the Chair will consider whether further information is required or whether the Panel should go ahead and make a recommendation on the basis of the majority view. In this event, any dissenting view should be fully recorded in the minutes.
At the end of each Panel meeting, the Panel Administrator will collect all members' papers. Panel members unable to attend a meeting will be asked to return his or her papers to the Panel Administrator.
The Panel Administrator will prepare the minutes in which reasons for recommendations and any disagreements or dissent will be fully recorded - see Section 4, Adoption Panel Minutes.
S/he will send the minutes to the Chair for approval of their accuracy, and then submit them to the Agency Decision Maker for approval of the recommendations made.
The Panel Administrator will also ensure that applicants, foster carers and social workers are notified in writing of Panel recommendations within one working day and provide social workers with a copy of the relevant minutes.
4. Adoption Panel Minutes
The Panel minutes will always record the information in relation to the following:
- The reports received. (The Panel's requirements as to reports are specified in the relevant procedures elsewhere in the Manual).
- Who attended and for which part of the discussion
- Medical advice
- The Panel's conclusions
- The Panel's recommendations and reasons
- The Panel's advice
The Panel minutes will also contain information in relation to the following:
- The wishes and feelings of the child and, if not acted on, the reasons
- The wishes and feelings of the parent/s
- The wishes and feelings of members of the extended family and significant others
- The counselling of the parent/s
- The child's assessed needs
- Alternatives to adoption/permanent placement considered and reasons for rejection
- Any ethnic, cultural or religious issues and advice obtained
- The views of the Children's Guardian if known
- The assessment regarding post-adoption contact
- The assessment regarding post-adoption support needs.
Where the minutes relate to an adoption plan, they will be kept on the child's and/or the prospective adopters' Adoption Case Record, as appropriate.
The Panel minutes will be approved by the Chair and sent to the Agency Decision-Maker, together with the reports considered by the Panel when the recommendation was made, so that the Agency Decision Maker can meet the timescales for making the decision as set out in the relevant procedures.
5. Reports on Adoption Cases to Adoption Panel
Reports to the Adoption Panel in relation to adoption matters upon which the Panel are asked to make recommendations must be prepared by qualified social workers with at least 3 years post-qualification experience. This must include direct experience of adoption work either in assessing prospective adoptive parent/s or implementing an adoption plan for a Looked After child. Where the author of the report does not have the requisite qualifications and experience, he or she must have either a qualification in social work or a social worker in training and supervised by a qualified social worker with 3 years' relevant experience.
Where the person preparing the report is an independent social worker, they must always be suitably qualified and experienced and supervised by a member of staff with the suitable qualifications and experience.
The same qualifications and experience are required for social workers undertaking visits of children placed for adoption - see Monitoring and Supervision of Adoptive Placements Procedure.
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