The Public Law Working Group has recently highlighted the need for a ‘wholesale reform’ to the adoption process.
Sydney Edwards, Trainee Solicitor at Staffordshire Family Law reflects upon the report made by the adoption sub-group of the Public Law Working Group which makes recommendations for best practice in respect of the procedure for adoption and children who have been adopted.
Sadly, the conclusion of Public Law Care Proceedings may not always recommend that the child subject to the proceedings can be safely returned to their parents or family member’s care. For young children, this can result in the Local Authority seeking for a child to be made subject to a Care and Placement Order and for their permanency to be secured by way of adoption. Whilst adoption rates have decreased over recent years, there are children whose permanency is secured by way of adoption, severing all ties with their birth families.
The Public Law Working Group have recently reported that the model of adoption has ‘adapted and changed’ in recent years and that the original model of adoption is somewhat different to adoption in today’s society. The report makes 4 headline recommendations:
- That there needs to be a change in face-to-face contact between adopted children and birth families, with training and greater support and counselling for birth parents.
- There should be a national protocol for a standard procedure for access to records applications.
- In order to simplify the extremely complex system of adoptions with an international element, the statutory framework should be rewritten so that it is contained in one single Act of Parliament. In the meantime, there is an urgent need for written guidance.
- A national strategy for adoption by consent cases needs to be developed, including training for all, better access to legal advice for parent(s) before the birth, and that Local Authorities bring proceedings straight away, and that they are listed urgently.
The focus of this article is the first recommendation and of note is the comments made by Mrs Justice Judd, chair of the Public Law Working Group sub-group in relation to adopted children having further opportunities to keep in contact with their birth families. The report highlights that there should be greater exploration as to the ways in which adopted children can keep in touch with their birth families, to include via digital means. Whilst it is recognised that the particular arrangements for a child will need to be determined on an individual case by case basis, there appears to be a significant shift towards adopted children maintaining direct links with their birth families, beyond that of letter box contact. The Court would need to assess the circumstances of each individual case, taking into account any risk factors that may determine direct contact unsafe. However, what is clear is that there is a strive towards clearer guidance being provided as it is imperative that the lasting effect of adoption is recognised on both birth and adoptive families.
Furthermore, the report highlights the need for professionals, legal representatives and the judiciary to engage in regular training regarding the evolving research which surrounds post adoption contact. Moreover, that parents of adopted children should have accessible support and counselling to assist them in navigating the adoption process. In particular, the report emphasises the importance of guidance being available to parents during this time, as being ‘crucial’ to the success of adoptive placements for children.
Based on experience from my professional career thus far, there are occasions where parents are able to reflect, and take the child focused decision that it would not be in their child’)s best interests to return to their care. However, a permanency plan of adoption, severing family ties, is a matter in which parents struggle to process and comprehend, in particular where blanket recommendations of letter box only contact are being made. One of the significant concerns for parents is the thought of having no direct contact with their child throughout the rest of their childhood. Therefore, post-adoption contact is something in which is being increasingly highlighted within Public Law Proceedings for consideration both at the time a Placement Order is made, but also throughout a child’s minority.
An open adoption enables children to maintain the links to their birth family, whilst being placed with, and cared for by their adoptive parents. It is a broad term and enables conversations to be had with the prospective adopters as to whether they would support and facilitate ongoing contact, with a child’s birth parents. An open adoption provides the child with the right to maintain a connection with their biological parents, through ongoing communication and even direct contact. An open adoption provides a child the opportunity to grow up with a sense of connection to their biological roots and explore their own self-identity whilst being supported throughout their childhood by their birth family.
How can Staffordshire Family Law help?
At Staffordshire Family Law we advise our clients on a case-by-case basis and provide pragmatic and honest advice to our clients whilst also expressing our clients position and ensuring the welfare of the child(ren) is put first. This allows parents and/or family members perspective on post adoption contact to be clearly raised, and to enable the Court to determine whether their particular case requires further consideration as to direct contact taking place once final orders for their child(ren) have been made.
If you wish to seek advice on the topics raised within this article, please do not hesitate to contact the Children Department here at Staffordshire Family Law on 01785 336617 or via email on [email protected]. Or, if the Local Authority are playing an active role within your family and you wish to discuss the extent of their involvement further, please contact the team at SFL.
The full report can be located via the Courts and Tribunals Judiciary Website via the following link – Wholesale reform to adoption process is needed, says Public Law Working Group – Courts and Tribunals Judiciary