Adoption Guidance - Preparing, assessing and approving prospective adopters

3. Preparing, assessing andapproving prospective adopters

This part of the guidance explains the duties of an adoption agency in respect of

prospective adopters. Where the case is about a prospective intercountry adopter, the

agency should follow both the main part of this chapter and the section about

additional requirements for prospective intercountry adopters.

Informing and counselling 3

Considering applications 7

Police checks 7

Preparation 10

Prospective adopter’s report 11

Adoption panel 15

Agency decision 16

Independent review panel 20

Approval review 20

Additional requirements for prospective intercountry adopter 22

Procedure following approval of prospective intercountry adopter 24

Adoption and Children Act 2002 Guidance: Chapter 3 1

In this chapter:

AAR – means the Adoption Agencies Regulations 2005.

AIR – means the Disclosure of Adoption Information (Post-Commencement Adoptions)

Regulations 2005.

ARR – means the Restriction on the Preparation of Adoption Reports Regulations 2005.

FER – means the Adoptions with a Foreign Element Regulations 2005.

ISR – means the Adoption Information and Intermediary Services (Pre-Commencement

Adoptions) Regulations 2005.

SAR – means the Suitability of Adopters Regulations 2005.

Specific regulation references appear as AAR 23.2, for example, which refers to

Adoption Agencies Regulation 23, paragraph 2.

Acronyms and terms are set out in the Glossary.

Timescales

1 The following timescales should generally be adhered to during this part of the

adoption process:

l written information about the adoption process should be sent within five working

days to the prospective adopter in response to their enquiry

l the prospective adopter should be invited to an adoption information meeting

within two months of their enquiry

l the adoption panel should receive all necessary information about the prospective

adopter from the agency within six weeks of the completion of the prospective

adopter’s report

l the adoption panel’s recommendation about the suitability of the prospective

adopter to adopt a child should be made within eight months of the receipt of their

formal application

l the agency’s decision on whether the prospective adopter should be approved as

suitable to adopt should be taken within seven working days of the adoption

panel’s recommendation

l the prospective adopter should be informed orally of the agency’s decision within

two working days and written confirmation should be sent to them within five

working days.

Adoption and Children Act 2002 Guidance: Chapter 32

2 Where the agency is unable to comply with a timescale or decides not to, it should

record the reasons on the prospective adopter’s case record. This might occur, for

example, where information needed by the agency is delayed, or where the

prospective adopter and the agency agree that more time is needed to complete

preparation or an assessment.

3 The agency should monitor its performance against these timescales and make this

information available in its annual report.

4 The agency should develop a plan for recruiting and preparing prospective adopters

who can meet the needs of children waiting for adoption. In developing this plan, the

agency should take into account past trends, anticipated needs, local consortia plans

and information from research and the Adoption Register. The plan should help the

agency focus its recruitment on groups of prospective adopters and to prioritise

applications according to the needs of children waiting for adoption.

5 Applicants should be made aware of how the agency intends to prioritise applications1.

Where there is a delay to a timescale in this guidance or additional timescales set by the

agency, the reasons should be explained to the applicant. They should be kept

informed of progress in relation to their case2.

INFORMING AND COUNSELLING: AAR 21

6 Where a couple or individual contact the agency and indicate an interest in adopting a

child, the agency should respond impartially and promptly. It should provide them

with general written information about adoption, children who need adoptive families,

the agency’s expectations of adopters, and where to obtain further information from

the agency or other agencies.

7 Local authorities have a duty under the Act to provide, or arrange to provide, a

domestic and intercountry adoption service. Where the enquiry is about adopting

a child from abroad and the agency is a VAA which is not registered to provide an

intercountry adoption service, it should offer general information about adoption

and provide details of agencies which can provide an intercountry adoption service.

8 If the enquirers subsequently approach the agency and express an interest in being

considered as prospective adopters by the agency, AAR 21 applies where the agency

starts to consider their suitability to adopt. The agency should carry out the following

steps:


1 National Minimum Standard 3.3.

2 National Minimum Standard 4.9.

l provide a counselling service for the prospective adopter

l explain to the prospective adopter the procedure in relation to and the legal

implications of placement for adoption and adoption

l and provide the prospective adopter with written information about the above

matters as relevant.

9 In explaining placement for adoption and adoption, the agency should explain:

l placement by consent under section 19

l consent to the making of a future adoption order under section 20

l and placement orders.

10 Prospective adopters should be invited by the agency to participate in group

information meetings where they can hear about adoption and talk to adopters about

their experiences of parenting a child and the adoption process.

11 Counselling should enable the prospective adopter to consider whether they would

wish to adopt a child and to reflect on:

l the parenting needs of children the agency has placed for adoption or of children

who need adoption

l their expectations of adoption and the consequences for them and their family of

caring for and adopting a child who will probably have a range of complex needs.

12 The agency should provide the following information to the prospective adopter

during the counselling, orally and in writing:

l general details of children the agency has placed for adoption or of children who

need adoption, such as their age ranges, backgrounds and characteristics

l habitual residence and domicile requirements. The agency should encourage the

prospective adopter to seek independent legal advice if there are doubts about

whether they satisfy these requirements. See Annex A for more information

l how to apply to the agency to be considered as a prospective adopter

l the timescales set out in chapters 3 and 4 of this guidance

l where the application is accepted by the agency, its procedures and the reasons for:

l checks and references and the collection of information

l preparation

l assessment


l the prospective adopter’s report (both the full report and the brief report)

l approval

l approval review

l matching and the Adoption Register

l placement for adoption

l adoption support

l placement reviews

l adoption

l safeguarding information and possible disclosure of information where the

adopted person is an adult1

l their right to make complaints

l the role of the independent review panel, when and how representations may be

made to it.

13 If the agency has specific selection criteria based on particular religious beliefs,

applicants should be informed and, if necessary, be referred to another agency.

Applicants must not be automatically excluded on the grounds of age, health or other

factors, except in the case of certain criminal convictions, as set out in AAR 23, and their

eligibility to apply for an adoption order under section 49 of the Act.

14 Foster carers who express an interest in adopting children in their care should be given

advice about the procedures that will apply in their case.

15 At an early stage, the prospective adopters should be given an explanation of the need

for the agency to conduct checks into their backgrounds and into the backgrounds of

any other adult members of their household. The agency should make it clear that where

such checks result in relevant previous convictions or cautions coming to light it may not

be able to proceed with their application, but will only be permitted to disclose the

specific reasons to the person who has the conviction or caution2.

16 Some prospective adopters may have already been given information and counselling;

AAR 21 also makes it clear that the duty to provide information and counselling does

not apply if the agency is satisfied that another agency has fulfilled the requirements

set out in the regulation.


1 Chapter 10 explains the operation of the ISR, which provide for the disclosure of information in cases where the adoption order is made before the date onwhich the Act commences. Chapter 11 explains the operation of the AIR, which provides for the disclosure of information in cases where the adoption order ismade on or after the date on which the Act commences.

2 Further advice is set out in the practice guidance for assessing prospective adopters.


PREPARING AND ASSESSING PROSPECTIVE ADOPTERS

Informing and counselling

AAR 21

Considering applications

AAR 22

Preparing prospective adopter’s report and other reports

AAR 25.1 to 25.7

Providing applicant with copy of the prospective adopter’s report and inviting

their comments, and sending the report to the adoption panel

AAR 25.8 to 25.9

Adoption panel considers the case, makes recommendation and gives advice

AAR 26

Agency decision maker’s role

AAR 27.1 to 27.2

Police checks

AAR 23

Preparation

AAR 24

Agency determination not to approve,

notification, and possible review by adoption

panel or IRM panel

AAR 27.4 to 27.8

Agency decides to

approve and notifies

prospective adopter

AAR 27.3

Agency decides not to approve and notifies

prospective adopter

AAR 27.9

Matching and placement

See guidance in

Chapter 4

Where child not placed with prospective

adopter, agency reviews approval and may

submit a review report to the adoption panel

AAR 29

CONSIDERING APPLICATIONS: AAR 22

17 Before the agency initiates police checks under AAR 23, adoption preparation under

AAR 24 or the preparation of the prospective adopter’s report under AAR 25, it should

decide whether to provide the applicant with the agency’s application form for

prospective adopters. In making this decision, the agency should consider whether the

applicant has been sufficiently counselled and informed.

18 Where the agency has complied with its duties under AAR 21 and received its written

application form from a prospective adopter for an assessment of their suitability to

adopt, AAR 22 applies. AAR 22 stipulates that the agency must set up a case record in

respect of that prospective adopter (“the prospective adopter’s case record”) and

consider his or her suitability to adopt a child.

19 AAR 22 provides that the agency may ask the prospective adopter to provide any

further information in writing the agency may reasonably require. AAR 22 also

stipulates that the agency must place on the prospective adopter’s case record:

l the prospective adopter’s application

l the information and reports obtained by the agency under Part 4 of the AAR

l the prospective adopter’s report and his observations

l the minutes of the adoption panel under AAR 26 (and, where it applies, regulation

AAR 27.6), its recommendation and the reasons for its recommendation and any

advice given by the panel to the agency

l the agency’s decision under AAR 27.3, 27.5 or, as the case may be, 27.9

l where the prospective adopter applies for a review by an independent review panel,

the recommendation of that review panel

l where applicable, the prospective adopter’s review report and his observations

l any other documents or information obtained by the agency which it considers

should be included in the case record.

POLICE CHECKS: AAR 23

20 The safety and welfare of the child are paramount and it is vital that the background of

prospective adopters is checked rigorously. AAR 23 requires the agency to conduct

police checks – also known as enhanced CRB checks – into the background of the

applicants and any adult members of their household. Ideally, these should be

completed before the agency commences the preparation and assessment of the

prospective adopters but in practice this may not be possible: these stages may need


to proceed in parallel with checks and references. However, the assessment should not

be concluded until the checks have been completed.

21 Where an agency is not reasonably able to conduct police and other background

checks on the prospective adopter, for example where they have lived abroad for an

extended period, it must decide whether it should carry out any other checks or take

up additional references. It should then decide whether it has sufficient information to

justify proceeding with the prospective adopter’s application. If it decides to proceed

with the application, it should make a record of its decision and its reasons, and place

this on the prospective adopter’s case record.

22 AAR 23 stipulates that in checking the background of the prospective adopter the

agency must take steps to obtain an enhanced criminal record certificate1. Where

another member of the prospective adopter’s household is an adult, AAR 23 also

requires the agency to obtain an enhanced criminal record certificate for that person

too2.

23 AAR 23.2 stipulates that an agency may not consider a person suitable to adopt a child

if he or any adult member of his household:

l has been convicted of a specified offence committed at the age of 18 or over

l or has been cautioned by a constable in respect of a specified offence which, at the

time the caution was given, he admitted.

24 A “specified offence” means:

l an offence against a child3

l an offence specified in AAR Part 1, Schedule 3

l an offence contrary to section 170 of the Customs and Excise Management Act 1979.

This relates to goods which are prohibited to be imported under section 42 of the

Customs Consolidation Act 1876 (prohibitions and restrictions relating to

pornography) where the prohibited goods included indecent photographs of

children under the age of 16

l any other offence involving bodily injury to a child, other than an offence of

common assault or battery.


1 Within the meaning of section 115 of the Police Act 1997 including the matters specified in subsection (6A) of that section. The text of this amended Act isavailable from: www.opsi.gov.uk/acts.htm

2 Within the meaning of section 115 of the Police Act 1997 including the matters specified in subsection (6A) of that section.

3 Within the meaning of section 26(1) of the Criminal Justice and Court Services Act 2000, except that it does not include an offence contrary to section 9 of theSexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was aged 13 or over at the time theoffence was committed. The text of this Act is available from: www.opsi.gov.uk/acts.htm

25 AAR 23.4 also stipulates that an agency may not consider a person suitable to adopt if

he or any adult member of his household:

l has been convicted of an offence in AAR paragraph 1, Part 2, Schedule 3, which was

committed at the age of 18 or over

l has been cautioned by a constable in respect of an offence in AAR paragraph 1, Part

2, Schedule 3, which, at the time the caution was given, was admitted

l or falls within AAR paragraph 2 or 3, Part 2, Schedule 3.

26 This applies even though the statutory offences specified in AAR Part 2, Schedule 3,

have been repealed.

27 Where an agency becomes aware that a prospective adopter or any adult member of

his household falls within AAR 23.2 or 23.4, the agency must notify the prospective

adopter as soon as possible that he cannot be considered suitable to adopt a child.

28 Information relevant to the prospective adopter’s application, which the agency has

obtained from the CRB, may be retained by the agency on the prospective adopter’s

case record for a limited time only. This information should be destroyed when either:

l the agency decides under AAR 27.3 that the prospective adopter is suitable to

adopt a child

l or the agency decides under AAR 27.8 whether the prospective adopter is suitable

to adopt a child.

29 The agency should note on the prospective adopter’s case record that it has destroyed

the CRB information and that this information had led the agency to form a particular

view, without citing the information itself.

30 Where an offence does not fall within AAR 23.2 or 23.4, the agency must exercise its

discretion and decide whether to proceed with a prospective adopter’s application. It

should record its reasons and its decision on the prospective adopter’s case record.

31 In circumstances where the application is a joint application, the agency should only

inform the applicant who is the convicted or cautioned individual of the specific reason

for terminating the application1. The social worker should explain to that person that

the agency may not inform the other person of the conviction or caution but will

inform them that as a consequence of information obtained from the checks the joint

application cannot proceed.


1 As a recipient of information disclosed under the Police Act 1997, the agency is restricted from disclosing such information to persons not authorised to receiveit under section 124 of the 1997 Act. Section 124 makes unauthorised disclosure an offence.

32 In counselling the person with the conviction or caution, the agency may consider it

appropriate to suggest that they consider disclosing their conviction or caution to the

other person so that that person has a clear understanding of why the joint application

cannot proceed.

33 Where the checks lead to the agency obtaining information about another adult

member of the household, and that information obtained indicates that the agency

should terminate the application, the agency is again restricted from disclosing the

conviction or caution that prevents the application proceeding. It may inform the other

adult member of the household and suggest that he inform the applicants but it may

not do so itself. In such a case, the agency should counsel the applicants that its checks

indicate that the agency should not proceed with their application.

34 There may be other offences or cautions that might lead the agency to consider that

the applicants may not be suitable. An explanation of these is set out in the practice

guidance for assessing prospective adopters.

PREPARATION: AAR 24

35 AAR 24 requires the agency to make arrangements for the prospective adopter to be

given adoption preparation. Some prospective adopters may already have recent

experience of caring for a child, as parents, foster carers or child minders. Some may be

applying to adopt for a second time. This regulation provides for the agency to decide

the nature of the preparation that is most appropriate for the prospective adopter.

Adoption preparation may be provided by the agency itself or by arrangement with

another agency or adoption support agency.

36 AAR 24 stipulates that adoption preparation includes the provision of information to

the prospective adopter about:

l the age range, sex, likely needs and background of children who may be placed for

adoption by the agency

l the significance of adoption for a child and his family

l contact between a child and his parent or guardian or other relatives where a child

is authorised to be placed for adoption or is adopted

l the skills which are necessary for an adoptive parent

l the agency’s procedures in relation to the assessment of a prospective adopter and

the placement of a child for adoption

l and the procedure in relation to placement for adoption and adoption.


37 This regulation also makes it clear that the duty does not apply if the agency is satisfied

that another agency has fulfilled these requirements.

38 All prospective adopters will need some form of adoption preparation. The agency will

need to decide its form and substance, using the Standard Curriculum in the practice

guidance on the assessment of prospective adopters as a guide and arranging

preparation that takes into account the prospective adopter’s circumstances. While

group preparation should be the standard method there may need to be some form of

individual preparation for some prospective adopters.

39 Prospective adopters should also be given the opportunity to hear about preparation

and support services available to adopters and to talk to others who have adopted

children.

PROSPECTIVE ADOPTER’S REPORT: AAR 25

40 Where the agency has completed the police checks and preparation for the

prospective adopter and considers that they may be suitable to adopt a child, AAR 25

applies. AAR 25.2 requires the agency to obtain the information about the prospective

adopter that is specified in Part 1, Schedule 4 of the AAR. The practice guidance on

assessing prospective adopters provides advice on how to evaluate this information.

41 The prospective adopter’s social worker should check whether any issues were

identified during the adoption preparation of the prospective adopter that may need

to be explored or clarified during their assessment. For instance, where there might be

particular concerns about their suitability to be an adopter.

42 In conducting their assessment, the social worker should analyse and consider the

information they ascertain from and about the prospective adopter. The approach

should be objective and inquiring: information should be evaluated and its accuracy

and consistency checked.

43 AAR 25.3 stipulates that the agency must obtain:

l a written report from a registered medical practitioner about the health of the

prospective adopter following a full examination. The report must include the

matters specified in Part 2, Schedule 4 of the AAR, unless the agency has received

advice from its medical adviser that such an examination and report is unnecessary.

This might be, for example, where the prospective adopter is a foster carer and the

agency already has their health report


l a written report of each of the interviews with the persons nominated by the

prospective adopter to provide personal references. Practice guidance on assessing

prospective adopters provides advice on obtaining and considering references from

ex-partners or adult children of a prospective adopter.

44 AAR 25.4 stipulates that the agency must ascertain whether the local authority in

whose area the prospective adopter has their home has any information about the

prospective adopter that may be relevant to the assessment. If so, the agency must

obtain from that authority a written report setting out the information. Local

authorities being asked for this information should comply with these requests as soon

as practicable.

45 The prospective adopter may have lived for only a short period in the area of their local

authority. In such cases, the agency will need to decide whether it should obtain

information from former local authorities where the prospective adopter has

previously lived. The extent to which the agency needs to obtain information from

other local authorities will be governed by the circumstances of the case and the

agency will need to make its own judgement.

46 In requesting information from a local authority, the agency should seek to ascertain

whether its records for social services and education, including the child protection

register, hold relevant information about the prospective adopter. Information held by

education services may not always be shared with social services. Protocols operated

by social services may restrict access to the child protection register to cases where

there is concern for the safety of a child, which means that an adoption check may not

lead to the child protection register being checked in relation to a prospective adopter

unless such a check is specifically requested.

47 Where the agency has obtained the information specified under AAR 25.2, 25.3 and

25.4, it is then required by AAR 25.5 to prepare a written report – “the prospective

adopter’s report”. ARR 3 sets out the qualifications and experience necessary for a

person to prepare this report1. The prospective adopter’s report is to include:

l the information about the prospective adopter and his family which is specified

in AAR Part 1, Schedule 4

l a summary, written by the agency’s medical adviser, of the state of health of the

prospective adopter

l any relevant information the agency obtains from the prospective adopter’s local

authority, AAR 25.4


1 See the guidance about ‘adoption reports’ in chapter 1.

l any observations of the agency on the matters referred to in AAR 21, 23 and 24

l the agency’s assessment of the prospective adopter’s suitability to adopt a child

l and any other information which the agency considers to be relevant.

48 The social worker who assesses the prospective adopter should draft the report for the

adoption panel, highlighting any issues of concern, and submit it to his or her team

manager. The manager should arrange for another team manager or another adoption

social worker to visit the prospective adopter to discuss any issues of concern or where

clarification is needed. A visit by another social worker provides the opportunity for

securing a second opinion on the prospective adopter and their assessment before the

report to the panel is finalised.

49 When making a report under AAR 25.5 (the prospective adopter’s report) and AAR

29.4 (the prospective adopter’s review report) about the suitability of the prospective

adopter to adopt a child, SAR 3 requires the agency to take into account information it

has obtained under:

l AAR 21 or FER 14.1 (informing and counselling)

l AAR 23.1.a and 23.1.b (police checks)

l AAR 24 (preparation)

l AAR 25.2 (information set out in Part 1, Schedule 4 of the AAR)

l AAR 25.3.a (health report)

l AAR 25.3.b (report of interview with referees)

l AAR 25.4 (local authority report)

50 Where the agency is determining the suitability of a couple to adopt, SAR 4.2 requires

that proper regard is had to the need for stability and permanence in their relationship.

This requirement applies whether the couple concerned are married, have entered into

a civil partnership or are two people – whether of different sexes or the same – living

as partners in an enduring family relationship.

51 The agency will need to consider whether the relationship is stable and permanent and

also whether it has the strength to withstand the demands that an adoption placement

may bring. The practice guidance on the assessment of prospective adopters provides

detailed advice on how such an assessment of stability and permanence may be made.


52 AAR 25.7 provides for cases where the agency’s assessment of the prospective adopter

obtains any information – including information set out in Part 1, Schedule 4 of the

AAR (AAR 25.2); the health report or report of interview with referees (AAR 25.3); or

the local authority report (AAR 25.4) – that leads the agency to consider that the

prospective adopter may not be suitable to adopt. Under AAR 25.7, the agency may

prepare a brief prospective adopter’s report (AAR 25.5) even though it may not have

obtained all the information required by AAR 25.

53 In cases provided for by AAR 25.7, the social worker who assesses the prospective

adopter should seek advice from their social work team leader or line manager.

Depending on the nature of the information, advice may also need to be sought from

the agency’s medical adviser or legal adviser, or both. The agency should counsel the

prospective adopter, involving other professionals as appropriate, for example

ensuring health professionals counsel the applicant about information related to their

health. As a result of the counselling and advice, the prospective adopter may decide

to withdraw their application. If the prospective adopter decides not to withdraw their

application, the agency should prepare the brief prospective adopter’s report.

54 Where the prospective adopter’s report – the full report or brief report – is to be

referred to the adoption panel, AAR 25.8 requires the agency to notify the prospective

adopter and to give them a copy of the prospective adopter’s report. At the same time

the agency is to invite the prospective adopter to send it their views on the report in

writing within 10 working days, starting with the date on which the notification is sent.

55 At the end of the 10 working days, or earlier if the agency receives the prospective

adopter’s views sooner, the agency is required by AAR 25.9 to send to the adoption

panel:

l the prospective adopter’s report and the prospective adopter’s views

l the reports referred to in AAR 25.3 and 25.4. These are the health report on the

prospective adopter, the report on the interviews with the individuals who provided

personal references, and where relevant the report from the prospective adopter’s

local authority. As these reports are not part of the prospective adopter’s report,

they are not shared with the prospective adopter

l and any other relevant information obtained by the agency. As this information is

not part of the prospective adopter’s report, it is not shared with the prospective

adopter.

56 The other relevant information that the agency might obtain could include, for

example, confidential “soft information” from police checks, also known as “Additional

Information”. This is information that a chief police officer has authorised for disclosure


to the agency under section 115(8) of the Police Act 1997. Such information may not be

disclosed to the person it is about but it needs to be considered in those relatively rare

cases where it is disclosed to the agency.

57 Where the adoption panel requests other relevant information, AAR 25.10 requires the

agency to obtain it, so far as is reasonably practicable, and send it to the panel. For

example, in a case where the agency has prepared a brief prospective adopter’s report

under AAR 25.7, the panel may request a full report or it may be satisfied that the

shorter report provides sufficient information to enable it to make a recommendation.

ADOPTION PANEL: AAR 26

58 Where the agency refers a prospective adopter’s case to the adoption panel, AAR 26

stipulates that the panel must consider the case and make a recommendation to the

agency as to whether the prospective adopter is suitable to adopt a child.

59 In considering what recommendation to make, AAR 26.2 requires that the panel:

l must consider and take into account all the information and reports passed to it

l may ask the agency to obtain any other relevant information that the panel

considers necessary

l and may obtain legal advice as it considers necessary in relation to the case.

60 Where the panel recommends that the prospective adopter is suitable to adopt a child,

AAR 26.3 provides that the panel may consider and give advice to the agency about

the number of children the prospective adopter may be suitable to adopt, their age

range, sex, likely needs and background. The panel will need to consider the strengths

and weaknesses of the prospective adopter, as indicated by the prospective adopter’s

report, particularly the information that sets out their adoptive capacity. Panel advice

on such matters will inform subsequent matching of the prospective adopter with a

child, but the agency is not restricted by such advice as it would be if given as a formal

recommendation.

61 AAR 26.4 stipulates that the panel is to invite the prospective adopters to attend a

meeting of the panel before it makes a recommendation about their suitability to

adopt. In inviting the prospective adopter to the panel’s meeting, it should make it

clear that the purpose of the meeting is to provide an opportunity for both the panel

and the prospective adopter to discuss and clarify the prospective adopter’s reasons

for wishing to adopt, and any other matter that either party considers relevant to the

application.


62 The invitation should also make it clear that the prospective adopters are under no

obligation to meet with the panel; if they decline the invitation this in itself should

never be considered as a reason for recommending that they are unsuitable to adopt.

The agency should at this time also provide the prospective adopter with advice, as

appropriate, about the panel meeting, including information about how it will be

conducted.

63 Where the prospective adopter attends to meet the panel, the agency should explain

to them who will be present from the panel and their individual panel roles. This

explanation should include a description of the process of the meeting and its aims.

AGENCY DECISION: AAR 27

64 When the agency receives the recommendation of the adoption panel as to whether

the prospective adopter is suitable to adopt a child, AAR 27 applies. This requires the

agency to decide whether the prospective adopter is suitable to adopt a child.

65 Where the panel has provided the agency with advice, as it may under AAR 26.31, the

decision maker may express a view on such advice. This is not the same as a decision

on the prospective adopter’s suitability. Where the decision maker expresses a view on

this aspect of the panel’s advice, this may be taken into account by the agency during

the matching process together with other factors such as the further development of

the prospective adopter’s capacity.

66 Where the agency is determining the suitability of a couple to adopt a child, SAR 4.2

requires that proper regard is had to the need for stability and permanence in their

relationship. This requirement applies whether the couple concerned are married, have

entered into a civil partnership or are two people – whether of different sexes or the

same – living as partners in an enduring family relationship.

67 Before reaching a decision on the panel’s recommendation and a view on the panel’s

advice, the agency decision maker should consider the minutes of the panel meeting

and the reports submitted to the panel that considered the prospective adopter’s

application and made the recommendation. In reading the minutes of the meeting, he

or she should have particular regard to the panel’s reasons for making the

recommendation and any particular concerns that are recorded in the minutes.

68 The agency decision maker’s decision, the reasons for that decision and any view the

decision maker provides on the panel’s advice should be recorded on the prospective

adopter’s case record, as required by AAR 22. Where the decision maker is minded not

to accept the adoption panel’s recommendation, he or she should discuss this with


1 Advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background.

another senior person in the agency who is not a member of the panel. The outcome

of that discussion should also be recorded on the prospective adopter’s case record.

69 AAR 27.2 prohibits any member of the panel from taking part in the agency’s decision.

It is essential that the fundamental decision about the suitability of the prospective

adopter is objective and impartial. It should be taken by the agency decision maker, a

senior person in the agency – such as the agency’s adoption manager or assistant

director – who is not a member of the panel that submitted the recommendation.

70 Where the agency decides to approve the prospective adopter as suitable to adopt a

child, AAR 27.3 requires it to notify them in writing of its decision.

71 Where the agency considers that the prospective adopter is not suitable to adopt a

child, AAR 27.4 requires it to:

l notify the prospective adopter in writing that it proposes not to approve them as

suitable to adopt a child. This is a “qualifying determination”

l send with that notification its reasons together with a copy of the recommendation

of the adoption panel if that recommendation is different

l advise the prospective adopter that within 40 working days, starting with the date

on which the notification was sent, they may:

l submit any representations they wish to make to the agency

l or apply for a review by an independent review panel of the qualifying

determination by writing to the Independent Review Panel administrator. Annex

D provides more information.

72 Where the prospective adopter does not make any representations to the agency

or apply for a review by an independent review panel within the 40 working days, AAR

27.5 requires the agency to proceed with its decision. It is also to notify the prospective

adopter in writing of its decision together with the reasons for that decision.

73 Where the agency receives further representations from the prospective adopter

within 40 working days, it may under AAR 27.6 refer the case, together with all the

relevant information, to the adoption panel for further consideration. It is not, however,

obliged to do so. Where the agency refers the case to the panel, it is required by AAR

27.7 to consider the case again and make a fresh recommendation to the agency as to

whether the prospective adopter is suitable to adopt a child.


74 The requirement for the agency to reach a decision on the case of the prospective

adopter is subject to AAR 27.8, which applies where (a) the agency referred the case

back to the panel under AAR 27.6, or (b) where the prospective adopter applied for

a review by an independent review panel.

75 Where (a) applies, the agency must make the decision only after taking into

account the recommendations of the adoption panel made under both AAR 27.7 and

AAR 26.

76 Where (b) applies, the agency must make the decision only after taking into account

the recommendation of the independent review panel and the recommendation of the

adoption panel made under AAR 26. The independent review panel cannot overturn

the agency’s decision as it does not have the power to do so.

77 AAR 27.9 requires that as soon as possible after making its decision under AAR 27.8,

the agency is to notify the prospective adopter in writing of its decision, stating its

reasons for that decision if it does not consider the prospective adopter suitable to

adopt a child. Where the adoption panel’s recommendation, made under AAR 27.7, is

different from the agency’s decision, the agency is to also provide the prospective

adopter with information about the panel’s recommendation.

78 Where an independent review panel has made a recommendation, AAR 27.10

stipulates that the agency is to send to the Independent Review Panel administrator a

copy of its decision on the prospective adopter’s suitability to adopt.



PANEL RECOMMENDATIONS AND AGENCY DECISION IN RESPECT OF PROSPECTIVE ADOPTERS

Panel to consider the case of the

prospective adopter and make

recommendation as to whether the

prospective adopter is suitable to

adopt a child

AAR 26.1

Panel must consider and take into

account all the information and

reports passed to it in accordance

with AAR 25

AAR 26.2

The adoption panel may give

advice about the number of

children the prospective adopter

may be suitable to adopt, their age

range, sex, likely needs and

background

AAR 26.3

Panel may request the agency to

obtain any other relevant information

that the panel considers necessary

and may obtain legal advice in

relation to the case

AAR 26.2

Where the agency considers that

the prospective adopter is suitable

to adopt it must notify him in

writing of its decision

AAR 27.3

No panel member shall take part

in any decision about whether

the child should be placed for

adoption

AAR 27.2

Where agency considers the prospective adopter is not

suitable, it must notify him in writing and advise him that

within 40 days he may submit representations to the

agency or apply for a review by the Independent Review

Panel

AAR 27.4

Panel to invite prospective

adopters to attend a meeting

of the panel

AAR 26.4

Agency must decide whether the

prospective adopter is suitable

to adopt a child

AAR 27.1

INDEPENDENT REVIEW PANEL: AAR 28

79 If the agency receives notification from the Independent Review Panel administrator

that a prospective adopter has applied for a review by an independent review panel of

the qualifying determination, AAR 28 requires the agency – within 10 working days of

receiving the notification – to send to the Independent Review Panel administrator:

l all of the documents and information which were passed to the adoption panel

under AAR 25:


l the prospective adopter’s health report, references and information from their

local authority

l and any other relevant information obtained by the agency.

l any relevant information about the prospective adopter that the agency obtained

after the day the above documents and information were passed to the adoption

panel

l and the documents referred to in AAR 27.4:

l the agency’s notification that it proposes not to approve the prospective adopter

– the qualifying determination

l the agency’s reasons and a copy of the recommendation of the adoption panel if

that recommendation is different to the qualifying determination.

APPROVAL REVIEW: AAR 29

80 Where the prospective adopter has been approved as suitable to adopt a child, the

agency will be trying to match them with a child and the adoption social worker should

maintain contact with the prospective adopter and keep them informed of progress.

However, the agency may not always be aware that the circumstances of the

prospective adopter are changing or have changed. This could arise where:

l a couple separates

l the prospective adopter becomes pregnant or has given birth to a child

l there are substantive changes in their health or their economic circumstances

l concerns are raised about child welfare and safety

l any other matters arise which may affect their suitability to adopt.


81 AAR 29 requires the agency to review the prospective adopter’s approval periodically

until a child is placed for adoption with the prospective adopter.

82 AAR 29.2 stipulates that a review of the approval of the prospective adopter’s

suitability to adopt take place:

l whenever the agency considers it necessary

l but otherwise not more than one year after approval and afterwards at intervals of

not more than a year.

83 When carrying out a review the agency must:

l make enquiries and obtain information it considers necessary in order to review

whether the prospective adopter continues to be suitable to adopt

l and ascertain and take into account the views of the prospective adopter.

84 The social worker conducting the review should be the adoption team manager or

could be another social worker who did not conduct the original assessment. The

review should consider the prospective adopter’s family circumstances, health,

economic circumstances, work commitments, and whether police and medical checks

are still up-to-date. For example, where the police checks are more than two years old,

these should be renewed.

85 The prospective adopter should be asked whether their health remains unchanged

since the previous medical checks arranged by the agency; advice on whether these

should be renewed should be sought from the agency’s medical adviser. Where the

agency completes its review and considers that the prospective adopter remains

suitable to adopt, it need only to inform the prospective adopter and to record its view

on the prospective adopter’s case record.

86 Where the agency completes its review and considers that the prospective adopter

may no longer be suitable to adopt, AAR 29.4 requires it to:

l prepare a written report – the prospective adopter’s review report – which is to

include the agency’s reasons

l notify the prospective adopter that their case is to be referred to the adoption panel

l give the prospective adopter a copy of the report and invite them to send any views

on it to the agency within 10 working days of the date on which the report is

provided.


87 After the 10 working days or sooner if the prospective adopter’s comments are

received earlier, the agency is required by AAR 29.5 to send the prospective adopter’s

review report with the prospective adopter’s views to the adoption panel.

88 Where the adoption panel requests other relevant information, AAR 29.6 requires the

agency to obtain it, so far as is reasonably practicable, and send it to the panel.

89 AAR 29.7 requires the panel to consider the prospective adopter’s review report, the

prospective adopter’s views, and any other information passed to it by the agency.

It then needs to recommend to the agency whether or not the prospective adopter

continues to be suitable to adopt a child.

90 The agency is then required by AAR 29.8 to decide whether or not the prospective

adopter continues to be suitable to adopt a child. AAR 29.8 stipulates that AAR 27.2

to AAR 27.10 also apply to this agency decision, ensuring that the same requirements

apply in these cases for:

l notifying the prospective adopter of the agency’s decision about their suitability to

adopt

l where the agency makes a qualifying determination not to approve:

l sending its reasons and a copy of the panel’s recommendation if different

l advising them of the 40 working day period for submitting representations or

applying for a review by an independent review panel

l having considered the recommendations of either the adoption panel or

independent review panel, reaching a decision and notifying the prospective

adopter.

91 In some cases the prospective adopter may accept, with the help of counselling, that

as their circumstances have changed significantly they are no longer suitable to adopt.

The agency should note this on the prospective adopter’s case record and ensure that

the panel is informed that the prospective adopter no longer wishes to adopt. If this

occurs prior to the prospective adopter’s review report being prepared or submitted to

the panel, there is no need for the agency to carry out the subsequent actions set out

in this regulation.

ADDITIONAL REQUIREMENTS FOR PROSPECTIVE INTERCOUNTRY ADOPTER

92 This part of the guidance explains the additional duties of an agency where it is

preparing, assessing and approving a prospective intercountry adopter where the UK

is the receiving State. The preceding guidance in this chapter applies together with the

guidance that follows below.


93 Duties of the agency in non-Convention cases are provided by the AAR. In Convention

cases, the FER apply in conjunction with the AAR in relation to the following:

l Informing and counselling (FER 13, 14 and AAR 21)

l Considering applications (FER 15 and AAR 22)

l Police checks (FER 15 and AAR 23)

l Prospective adopter’s report (FER 15 and AAR 25)

l Adoption panel (FER 15 and AAR 26)

l Agency decision (FER 16 and AAR 27)

l Approval review (FER 17 and AAR 29)

INFORMING AND COUNSELLING: FER 13 AND 14, AND AAR 21

94 The agency should provide the following information to the prospective adopter

during their counselling, orally and in writing: general details about the intercountry

adoption process, the countries from which children may be adopted, and details of

the fees involved.

95 Where the agency starts to consider the suitability to adopt of a prospective

intercountry adopter, the agency is also to explain to them the procedure in relation to

and the legal implications of:

l in a Convention case, adopting a child in accordance with the Convention from the

child’s State of origin (FER 14). The agency must also ensure that the prospective

adopter is eligible to adopt under the Convention. FER 13 states that the agency

may not consider the application unless the prospective adopter has attained the

age of 21 years and has been habitually resident in the British Islands for at least one

year ending with the date of application

l in a non-Convention case, adopting a child from the country from which the

prospective adopter wishes to adopt (AAR 21).

CONSIDERING APPLICATIONS: FER 15

96 In a Convention case, FER 15 stipulates that the agency must also place on the

prospective adopter’s case record any information obtained under FER Chapter 1,

Part 3. FER 15.2 stipulates that the agency may not consider an application unless it is

satisfied that the requirements in FER 14 and AAR 23 (police checks) and AAR 24

(adoption preparation) have been met.


PROSPECTIVE ADOPTER’S REPORT: FER 15 AND AAR 25

97 In the case of a prospective intercountry adopter, FER 15.4 and AAR 25.6 stipulate that

the prospective adopter’s report is also to include:

l the name of the State from which the prospective adopter wishes to adopt

l confirmation that the prospective adopter is eligible to adopt a child under the laws

of that State

l any additional information obtained as a consequence of the requirements of that

State

l and the agency’s assessment of the prospective adopter’s suitability to adopt a child

who is habitually resident in that State.

98 When making a report about the suitability of the prospective adopter to adopt a

child1, in a Convention case, SAR 3 requires that the agency is also to take into account

information it has obtained under FER 15.4 (additional information to be included in

the prospective adopter’s report).

APPROVAL REVIEW: FER 17 AND AAR 29

99 Where the prospective adopter has been approved as suitable to adopt a child, the

relevant authority in the State of origin will be trying to match them with a child,

having received their processed application from the DfES.

100 FER 17 and AAR 29 requires the agency to review the prospective adopter’s approval

periodically until:

l in a Convention intercountry case, when the agency receives written notification

from the relevant Central Authority that the agreement under Article 17(c) of the

Convention has been made

l in a non-Convention intercountry case, the prospective adopter has visited the child

in the country where the child is habitually resident and has confirmed in writing to

the agency that he or she wishes to proceed with the adoption.

PROCEDURE FOLLOWING APPROVAL OF PROSPECTIVE INTERCOUNTRY ADOPTER: FER

18 AND AAR 30

101 Where the agency decides to approve a prospective adopter as suitable to adopt a

child habitually resident outside the British Islands, FER 18 and AAR 30 require the

agency to send to the DfES:


1 The prospective adopter’s report, under AAR 25.5, and the prospective adopter’s review report, AAR 29.4 .

l written confirmation of the agency’s decision and any recommendation the agency

may make about the number of children the prospective adopter may be suitable to

adopt, their age range, sex, likely needs and background. The agency

recommendation will not come from the adoption panel, which is limited by

AAR 26 to a recommendation of suitability to adopt, but may be informed by

the panel’s advice, provided under AAR 26.3

l all the documents and information which were passed to the adoption panel

in accordance with FER 15 and AAR 25:


l the prospective adopter’s health report, references and information from their

local authority

l and any other relevant information obtained by the agency

l the minutes of the relevant part of the adoption panel’s meeting, its

recommendation and the reasons for its recommendation

l if the prospective adopter applied to the Independent Review Panel administrator

for a review by an independent review panel of a qualifying determination, the

minutes of that panel, its recommendation and the reasons for its recommendation

l and any other information relating to the case which the DfES or the relevant

authority in the State of origin may require.

102 The DfES will check the application and will normally issue a certificate of eligibility

to adopt. The agency should inform the prospective adopter that he or she must

receive written notice that a certificate has been issued before bringing a child into the

UK and that failure to do so may prevent a Convention adoption from going ahead and

is an offence under section 83 of the Act in a non-Convention case. See Annex C for

more information on the role of the DfES.

103 Where the application has been checked and a certificate issued, the application will

normally be sent to the relevant authority in the State of origin, which will seek to

match the prospective adopter with a suitable child. See Annex C for more information.


Adoption Guidance - Preparing, assessing and approving prospective adopters

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