3.4.2 Adoption Panel

RELEVANT GUIDANCE

Linked Care and Placement Order Applications.

AMENDMENTS

In October 2010 the chapter was amended to reflect the changes from the Adoption Minimum Standards and guidance 2011 the main changes are:

Timescales and the functions of Panel

Adoption Panel membership and the establishment of the Central List and the consequent changes.

Adoption Panel Purpose and Function
Adoption Panel Membership
Adoption Panel Meetings
Adoption Panel Minutes
Reports to Adoption Panel
Role of the Panel Adviser

1. Adoption Panel Purpose and Function

The Adoption Panel contributes to the running and quality assurance of the local authority’s adoption service and receives annual reports on the service and its performance.

In doing so it has an overriding responsibility to promote good practice, consistency of approach and fairness in all aspects of the adoption service, in accordance with its procedures and values (See Adoption Values and Principles Procedure).

Recommendations

As part of this function, the Panel makes recommendations as to the following:

The suitability of prospective adoptive applicants to adopt;
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 parents are recommended as suitable to adopt, the number of children the adoptive parents may be suitable to adopt, as well as their age range, sex, likely needs and background; in relation to inter country adopters the advice may also relate to the named country of origin of the child;
Where it is recommended that a child should be placed for adoption, what the contact arrangements for the child should be 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 whether/how the exercise of Parental Responsibility by birth parents and/or prospective adopters should be restricted.

Monitoring

The Adoption Panel 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 the chapter on Placement For Adoption Procedure, and receives Disruption Reports in relation to any breakdowns in adoptive placements (see Disruption of Agency Adoptive Placement 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 Panel must also have one, and can have two, Vice Chairs (who are not necessarily independent members), who are also appointed by the Designated Manager (Adoption Panel Appointments).

The Agency Decision Maker 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 5, one of whom must be the Chair or Vice Chair, one of the adoption social worker representatives and at least one independent member.

2.1 Appointments the Central Panel

Those on the Central List are appointed by Head of Service A&F and Access to Resources. 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 identified 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 are required to notify the Agency Adviser immediately if they receive such a conviction or caution while serving as a Panel member.

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 Section 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, all members of the Central List are required to sign a written agreement, before taking up their appointment, to confirm that all information they receive will remain confidential.

Panel members are expected to keep all written information in a secure place and return all Panel documents to the agency 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 at the earliest opportunity, so that an alternative member can be invited if required to ensure that the Panel is quorate (see Section 2.4, Conflicts of Interest).

Failure to comply with the above paragraphs may result in the member’s appointment being withdrawn.

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.

They should have read the Panel papers carefully, prior to the Panel meeting, and come prepared to contribute to the Panel discussion.

The Agency Adviser will review the performance of the each person on the Central List on a regular basis.

The Agency 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 them in private.

If such concerns cannot be resolved informally, the Chair, in consultation with the Agency Adviser , will write to the member concerned setting out the concerns and what action it is proposed to take. See Termination of appointment to the Central List below 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 Panel members 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 a Panel member’s 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, Agency 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 one month's written notice of their wish to resign, except where personal emergencies e.g. accidents, illness, make this impossible. Resignation letters should be addressed to Head of Service A&F and Access to Resources, with a copy to the Chair of the Panel.

Initial verbal resignations may be given, but 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.

Those on the Central List wishing to withdraw a submitted written resignation must do so before the one month notice period expires by writing to Head of Service A&F and Access to Resources, 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 of Panel Members

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 the difficulties have not been resolved by discussion and correspondence between the Chair, Agency Adviser and the person concerned, the matter will be raised by the Agency Adviser with Head of Service A&F and Access to Resources, who will decide whether to propose the end of the appointment and if so, will advise the Panel member in writing giving clear reasons for the proposal.

The Panel member will be given the opportunity to make observations on the matter before a final decision is made by Head of Service A&F and Access to Resources.

3. Adoption Panel Meetings

The Adoption Panel should meet at least once every month. The Agency Adviser will ask the Panel Administrator to arrange additional special meetings as necessary, with the Chair's authority, where for example there is a need to consider an urgent placement or where the Court timetable requires it.

The Panel Administrator will prepare and circulate an annual list of Adoption Panel dates and deadlines in advance of the designated start of the Panel's year.

The Agency Adviser, who must be a senior practitioner or manager in the adoption service with at least 5 years’ relevant post-qualification and management experience, 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 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 Agency Adviser must arrange to provide specialist advice and any relevant information required.

The Agency Adviser 's role is also to assist with appointments to the Central List, to arrange induction and other training for members, monitor and review their performance and monitor and review the administration of the Panel.

The Panel Administrator, in consultation with the Agency Adviser, will prepare the agenda for each meeting and draw members from the Central List. The agenda and Panel papers for each meeting should be sent to members at least five working days before the meeting.

The Panel's legal adviser attends all Panel meetings, but is not a Panel member.

The agenda will include at the beginning an opportunity for any Panel member to declare an interest in any item on the agenda (see Section 2.4, Conflicts of Interest above). If an interest is declared, the Chair must then decide whether the Panel member should withdraw during consideration of the item.

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.

Social workers presenting reports to the Panel must send their report and any supporting documentation required (as specified in the relevant procedures elsewhere in the Manual; see Placement for Adoption Procedure and Assessment and Approval of Adoptive Parents Procedure) to the Panel Administrator at least 10 working days before the date of the Panel meeting.

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.

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; see Placement for Adoption Procedure and Assessment and Approval of Agency Adoptive Parents Procedure);
Who attended and for which part of the discussion;
Medical advice;
Legal advice;
The Panel’s discussions (main points) and conclusions;
The Panel’s recommendations and reasons, including any reservations expressed by any member;
Any advice given by the Panel.

The Panel minutes will be written in accordance with the format agreed from time to time and kept on every child’s or prospective adopter’s Adoption Case Record.

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 to Adoption Panel

Reports to the Adoption Panel in relation to 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 parents 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 be a social worker in training, and must be 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 be 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 Agency Adoptive Placements Procedure - and authors of Court Reports in Adoption cases - see Court Reports in Adoption/Special Guardianship Guidance.

6. Role of the Panel Adviser

Click here to view the Adoption Agencies Regulations 2005

The Panel Adviser is available to offer professional advice and guidance to the Adoption Panel Members and other senior managers in the CYPS. The Adviser can also offer guidance and suggestions to Team Managers and social workers relating to the Child's Permanence Report (CPR), the Prospective Adopter's Report (PAR), Adoption Placement Report (APR), Adoption Support Plan (ASP) and other relevant reports for the Panel.

6.1 Procedure for submitting cases to the Panel Advisor for quality assurance (QA)

Cases for the Adoption and Permanency Panel will be accepted by the Panel Advisor for quality assurance if the following criteria are met.

Social Workers should first discuss and arrange with the Panel Secretariat Team/Adviser the cases they wish to bring to the Panel and dates (dates are provisional until QA is completed and signed off as ready for the Panel Meetings);
The cases must be given to the Panel Secretariat Team on the 9th Floor of International House 6 weeks in advance of the Panel dates;
Only in very exceptional circumstances will cases be accepted less than 6 weeks before a Panel Meeting date. In such cases, the Social Worker and Team Manager must arrange to meet and discuss the cases with the Panel Adviser;
The relevant and current report forms to be completed for each case are available from the Panel Secretariat Team;
Where sections of reports do not apply for the type of cases being presented (example, Long Term Fostering), the main author of the reports must ensure that the sections are fully completed either as Not Applicable or other status that apply. No section should be left blank;
It is the responsibility of each child's social worker to ensure that the following documents are current and included in the Panel papers and the following actions completed before papers are passed to the Panel Adviser for QA;
A separate and fully completed BAAF Child Permanence Report (CPR) form for each child-irrespective of sibling connections;
Completion of relevant and current Front Sheet and Checklist Forms for each case;
Each case must be presented in an orderly and professional manner;
Personal Education Plan (PEP) or relevant education/nursery reports for each child;
Evidence of how the Every Child Matters 5 Outcomes are being met for each child/young person;
Up to date medical reports for each foster carer, adoption applicant, child/children;
Social Workers must ensure that they notify the Adoption Medical Adviser at least 6 weeks of their intention to present cases to the Panel;
Current Annual Review report for each foster carer (signed and dated by all relevant parties);
Current CRB, references and other statutory checks and reports;
Copies of signed and dated external agency panel's decisions for each applicant;
Copies of any relevant previous Lambeth Adoption Panel Decisions or any updates relating to cases previously presented to the Panel;
Copy of the views of each child/children regarding the plan being consider for them (these must not be the views or interpretations of social workers) unless the child is not able to put forward their views independently or their Guardian has submitted a report);
Copy of the IRO's report which should be a summary outlining the reasons for supporting the recommendations being sought;
Ensure that all relevant parties are informed of the date, time and place of the Panel meetings;
Summary recommendation(s) from the Lambeth or external agency social worker explaining why they are seeking the recommendation from the Lambeth Adoption and Permanence Panel or the reasons for their recommendation(s) to the Panel;
All required documents that are fully completed, signed, dated and quality assured by team managers and social workers. These must be given to the Panel Secretariat Team on the 9th Floor at International House, not the Panel Adviser;
Social Workers should ensure that they keep copies of all reports submitted to the Panel;
Social Works must Inform the Panel Secretariat Team and Panel Adviser in good time, if a case has to be withdrawn from a schedule Panel meeting.

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