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3.1.11 Permanency

SCOPE OF THIS CHAPTER

This Chapter should be read in conjunction with Lambeth's Fostering and  Adoption procedures: relevant legislation and regulations must be considered and legal and professional advice sought as necessary before undertaking any specific step in planning for a child.

AMENDMENTS

This chapter was slightly amended in July 2011 to refer to the Connected Person.


Contents

  1. Application
  2. Principles
  3. Children's Needs Related to Their Developmental Stage
  4. Responsibilities
  5. Routes to Permanency
  6. Planning for Permanency
  7. Family Group Conferences
  8. Permanency Planning Meetings
  9. Other Permanency Issues
  10. Role of the Adoption and Permanency Panel and Agency Decision Maker

    Flowcharts

    Permanency Processes

    Overview of Adoption Process

    Adoption Matching and Placement Process


1. Application

This procedure applies to all children who are Looked After by the authority, whether by agreement with parents (See Section 20 of The Children Act 1989) or by court order (See Section 31 or 38).

However children and their families will usually have had contact with Children's Social Care and its partners prior to becoming Looked After. It is therefore important that all aspects of assessment and intervention are informed by an awareness of permanency principles.

Where the Department is considering Care Proceedings and invites parents to a Pre-Proceedings Meeting under the Public Law Outline, issues regarding permanence planning should be considered.  

Where a child is aged 0-2, the social work team should consider whether Concurrent Planning may be the appropriate placement.

Permanency is thus a guiding principle for all services working with children and their families.

Permanence can be achieved through the following routes:

  • Returning Children to their Family
  • Placing Children with Connected Person
  • Adoption
  • Special Guardianship
  • Fostering
  • Residential Care
  • Effective Planning into Adulthood


2. Principles

Permanency planning for Looked After children is based on an awareness of children's need to form and maintain emotional bonds with adults who are able to meet their needs on a long-term and predictable basis throughout their childhood. This provides a basis of stability from which the child can develop physically, emotionally and intellectually.

Looked After children, by definition, are at risk of losing this bond with their birth parent or parents. It is therefore incumbent on the authority, by virtue of its duty to promote the best interests of the child throughout their childhood to ensure that the child has the opportunity of restoring these bonds or of developing them within a new parent-child relationship.

Alongside children's need to be parented within a stable relationship permanency principles also recognise the importance of other close ties, particularly between siblings, as these are likely to be a person's most long-term relationships throughout their life. It is therefore essential that these relationships receive adequate consideration within all assessment and planning for Looked After children.

All ICS Core Assessments therefore need to give adequate weight to the domain of the Wider Family and Social Network, in addition to those of the Child's Developmental Needs and Parenting Capacity.


3. Children's Needs Related to Their Developmental Stage

Planning for children is an individualised process; therefore permanency must be seen in the context of the child's age, developmental stage, existing relationships and overall life experiences. It is also important to acknowledge that progress in achieving plans needs to relate to a timescale that is meaningful for a child: every six months spent in a temporary or unsatisfactory placement represents over 3% of a person's childhood from 0-16.

Infants under 2 years of age must have the opportunity to form a secure attachment to a parental figure able to meet their needs to a reasonable level of competence: where the birth parent is unlikely to make swift progress to establishing both the relationship and the competence it is important for the child's future development to move as quickly as possible towards providing a permanent substitute parent with the legal security of adoption.

Children under 5 have similar needs but are more likely to have suffered the ill-effects of disrupted attachment and of poor parenting. They may also have developed relationships with siblings and with other family members; there may also be positive elements in their relationship with their parents. All these factors need to be taken into account in planning for them and may affect the feasibility of adoption as a plan; however the aim should always be that if they cannot return to their parents they should ideally be adopted. In practice it may be necessary to consider other permanency options including the need to maintain existing relationships; they should not however remain in the care of the authority on an indefinite basis

Children between 5 and 10 years are more likely to be in sibling   groups, to have had experience of being cared for by several carers, to   have emotional and behavioural problems and to have existing relationships which may not always be compatible with adoption. These factors both make it more difficult to find suitable carers, as well as necessitating direct help both for the child and for the current and   potential carers. While legal security with carers through adoption or Special Guardianship (see Special Guardianship and Residence Orders) should always be aspired to it is likely to be more important that they are cared for in a secure and continuous manner than that a specific legal framework is sought at all costs.

Children of over 10 years are likely to have mixed feelings about joining a new family as permanent members and any planned placement for children in this age group is more likely to be for long-term fostering than for adoption, though this option may arise later on the basis of a positive chemistry between the carer and child. The priority for children in this age group is for stability while they develop through the adolescent years and they will need an environment providing support and encouragement to make the educational progress and to develop the social skills on which their future prospects depend.

The common theme of all of these arrangements should be that the carers will give a commitment to the child to provide a home for them through their childhood. This should be clearly understood by all. Clearly, in the case of adoption, this is a lifelong commitment. It is helpful to understand the different circumstances for each individual child but the need for stability and security is common to all.


4.  Responsibilities

Social Workers at all stages of work with children and families are responsible for promoting and supporting effective parenting that will meet children's needs throughout their childhood.

Social Workers who conduct Initial Assessments and Core Assessments and who work with children and families in the community, while seeking to maintain children with their parents wherever possible are also responsible for assessing the need for children to be removed from harmful or inappropriate parenting. Within this work they are also responsible for exploring the child's family, Connected Persons and social network and identifying adults within this network who may potentially be able to care for the child.

Social Workers who work with children who are already Looked After are responsible for developing and implementing timely plans to provide children with permanency, as outlined below. At all stages in the process an ability to communicate with children including undertaking direct work where necessary is an essential skill. It is important that children are helped to develop a realistic understanding of their personal and family history and present situation: life story work undertaken by their social worker is an key element in developing this.

Team Managers and Deputy Team Managers are responsible for supporting Social Workers in developing and implementing these plans, including providing a critical overview and recommending legal action where necessary; for minimising disruption and delay when case responsibility transfers; for ensuring compliance with internal   procedures as well as relevant regulations and legislation; for facilitating access to the resources necessary to implement these plans and for negotiating with internal and external partners and other parties in order to progress the plan. For these reasons it is essential that they play a full part in the planning process including attendance at Looked After Reviews and Permanency Planning Meetings regarding children they are responsible for.

Heads of Service are responsible for maintaining an overview of their Unit's workload based on data generated by Framework, with particular reference to ensuring effective case planning and the presentation to court of coherent and effectively resource care plans; for promoting permanency in a timely and cost-effective manner; for providing professional support and guidance to staff, for anticipating and resolving areas of actual or potential conflict and for ensuring good customer care.

Independent Reviewing Officers are responsible for chairing looked after children's reviews in line with statutory timescales. Their roles and responsibilities are set out in the Adoption and Children Act 2002 and in the Review of Children's Cases Regulations 2004. These include:

  • Chairing the review in a manner that both focuses on the needs   of the child and which enables the child or young person to participate in the process to the fullest possible extent.
  • Monitoring the authority's performance of its functions with respect to the review; and in particular ensuring that problems are resolved within a reasonable timescale.
  • Referring the matter to court via CAFCASS if they consider there has been a breach of the child's human rights - this is as a last resort where it has not been possible to resolve an issue through line management.

The Fostering, Adoption and Access to Resources Service is responsible for identifying foster carers and adopters (including the assessment of Connected Person) able to meet the needs of Looked After children; and for working co-operatively with other Units in order to develop and implement effective and appropriate Care Plans. This involves leading on the permanency planning for specific children through chairing Permanency Planning Meetings as well as attending Looked After Reviews. Carers may be identified through in-house or inter-agency resources. Where children are placed with independent agency carers the service is responsible for both negotiating with providers regarding individual children's needs and plans as well as maintaining an overview of agencies' performance in meeting children's needs.

The Commissioning Service is responsible for developing a framework for providers, both Independent Fostering Agencies and residential units, that promotes and encourages the stability of placements. This may involve financial arrangements, preferred provider status, or the sharing of training or other resources.


5. Routes to Permanency

While each child's situation will have unique features the following routes to permanency should always be considered in the order set out below.

Twin-track Planning

It is often necessary to pursue a 'twin track' plan e.g. to be attempting to return a child to their parents, while also assessing a Connected Person as a carer in case the attempted return does not succeed. This is sometimes called 'a concurrent plan'; however this term correctly applies to a model of placing children with carers who are able to work towards their return to birth parents but to adopt them in the event that return is unsuccessful. London Borough of Lambeth is joining the Coram Planning Project so that this possibility is becoming available.

It is essential that any plan complies with the relevant legislation and guidance and with internal procedures. Please refer to the appropriate section of the Looked After Children and Fostering and Adoption Procedures as appropriate. This is particularly important when placing Looked After children with their birth parents or with Connected Person. See: Looked After Children Procedure

Return to Birth Parent(s)

This option must always be considered.  It is important that this is pursued in a robust and diligent manner from the earliest point in order to ensure the quickest possible passage through the legal process; and in particular to demonstrate that all appropriate help and support has been provided to the parents and their support network.

Where there have been long-standing concerns, it is likely that there will have been a Pre-Proceedings Meeting under the Public Law Outline.

The Pre-Proceedings Meeting should address which assessments or processes could be achieved prior to the application for Care Proceedings. These may include:

  • Referral to Family Group Conference
  • Assessment by independent professionals

Evidence of a comprehensive evaluation of the child's needs through a sound Core Assessment

Referral and Assessment Process Procedure and effective and determined efforts to support families through the Child/Young Person's Plan or Child Protection Plan prior to the children being accommodated is likely to inspire confidence in the authority's ability to make appropriate plans and to therefore reduce demands for additional assessments, with consequent delays to the legal process. Where previous children have been removed from a parent or parents it is important to reassess circumstances in the light of any progress that may have been made; this is particularly the case where young parents may have matured or stabilised.

Given the importance placed by society upon familial ties as well as legal issues arising from the interpretation of the Human Rights Act there are occasions where children return to the care of their parents while there remain very serious doubts as to whether the arrangement is likely to be 'permanent'.

It is therefore essential, as part of any plan to seek permanency through the child's return home to provide  effective monitoring and support  ensuring a network of effective help for parents and children, as well as  preventing undue delay in returning the child to care if arrangements  break down.

Children who are returned to birth parents may be subject to a Care Order or Interim Care Order, where they remain Looked After children and planning and review takes place through the Looked After Children Review of Arrangements; or to a Supervision Order or to no order, in which case, depending on the evaluation of risk, arrangements are reviewed through the Child Protection Plan or Child/Young Person's Plan. Wherever children remain Looked After it is essential to comply with the Placement with Parents Procedure.

Placement with Connected Person

For further details see: Placement with Connected Persons Procedure

Adoption

Adoption remains unique in that it confers unfettered legal responsibility upon the adopters and provides a child with a permanent and legally endorsed place within a new family. The Welfare Checklist in Section 1 of the Adoption and Children Act 2002 gives a useful guide to the considerations that should be taken into account when considering adoption for a child . While some level of direct or indirect contact with birth parents is increasing as part of adoptive arrangements, this cannot be the principal consideration for this type of placement. Siblings should normally be placed together but where this is not possible contact arrangements will be an important consideration in placement planning.

In order to achieve an adoption plan, the local authority has to make an application for a Placement Order. Before making such an application, the case needs to be presented to the Adoption and Permanence Panel. The Adoption and Permanence Panel will need to make a recommendation that the child should be adopted.

In order to achieve this in a timely fashion, the case should be booked into the Adoption and Permanence Panel prior to the final hearing for the Care Proceedings.

However, it is important that the date should not be set too far in advance. In order to make an informed recommendation that a child should be adopted, the Panel will need to have access to all of the available information regarding the case. This will include any reports submitted during the proceedings.

The social worker will be responsible for the completion of the Child Permanence Report for the Adoption and Permanence Panel.

Further advice on all of the processes required for the Panel can be obtained from the Panel Adviser or from the Adoption and Permanence Team.  

Where children are being relinquished for adoption by their parents, the social worker should seek immediate advice from the Team Manager, Adoption and Permanence.

Special Guardianship and Residence Orders

Special Guardianship provides a legal framework for a child's placement, rather than a new or different type of placement.

Special Guardianship confers the lead Parental Responsibility to the holder(s). It does not remove Parental Responsibility from the parent(s). It lasts until the child reaches 18. After that time, there is no formal legal connection between the Special Guardian and the child.

It was designed as an option for foster carers who wished to make a permanent commitment to a looked after child where adoption was not appropriate, for example where the child retained attachments to their birth family and did not wish to break these, or where there were cultural or religious objections to adoption.

It has become increasingly used by family members as an alternative to the child being looked after in the long-term. For many family member s, Special Guardianship is preferable to adoption as it does not complicate family relationships, e.g. being both the biological grandmother and the legal mother.  

Residence Orders refer to Section 8 of the Children Act 1989. They also confer Parental Responsibility and now last until the age of 18. They do not confer the right to support arrangements. They are less regularly used as a method of establishing permanence for Looked After Children

See: Special Guardianship and Residence Order Procedure

Long-term or Permanent Fostering

A permanent fostering arrangement can be with either a family member, Connected Person or friend who has been approved as a foster carer specifically for the child, or with an in-house or Independent Fostering Agency carer. In the latter cases this may originate as a permanent arrangement, in that a carer has been sought to meet the needs of a particular child and the match agreed by the appropriate panel; or it may have developed from a short term arrangement in which case the carer will need to be   reassessed in view of the long-term nature of the relationship.

Long-term or permanent fostering is distinct from other permanency options in that the child remains 'Looked After' and thus subject to all relevant procedures including reviews and medicals.

Such arrangements still require the commitment of the carers and of the Fostering Agency. It is important to consider what permanence means to each of the members of the family and to the Looked After Child.

An assessment should include consideration of the support needs of the placement and how they will address difficulties as they arise.


6. Planning for Permanency

Planning for permanency is an important aspect of work with looked after children for social workers and their managers, and for IROs. To be effective it requires co-ordination across a number of areas: the legal process, whether or not there are current proceedings; the looked   after children review process; fostering and adoption regulations and ongoing professional and legal responsibilities governing work with Looked After children.

The Legal Process

The authority's future plans for the child are a key consideration in any care proceedings and the court will be influenced not only by their manifest content but equally by the judge's and guardian's estimation of the authority's ability to implement this within the stated timescale. The importance of timely and professional presentation to the court cannot therefore be overstated.

The court process is essentially one of negotiation in which the judge is the ultimate arbiter; it is important therefore that all parties are kept abreast of thinking and planning and have an input into the Review Process. The Care Plan as presented in court should not be seen as separate to the planning that takes place in reviews - the Child's Care Plan should be influenced by the issues and considerations raised by the Guardian and parents while the Final Care Plan as presented to the court should encapsulate the current child's care plan.

Please refer to the Public Law Outline which sets out time scales and processes governing the management of case proceedings,

Where Care Proceedings are current during the permanency planning process it is essential that both elements are managed in co-ordination. In particular, where adoption is being pursued as an option it is essential that the child is presented to the Adoption Panel in order to secure a best interests decision and, where feasible, a match with prospective adopters prior to the final hearing of the Care Proceedings. These issues should be considered as part of the overall case management process within the above protocol.

Where children are accommodated under Section 20 it is important to ensure that recognition of parental rights and responsibilities does not lead to drift in planning. Where parents place their children in accommodation on account of their serious individual or social problems these are seldom quickly resolved. While it may be acceptable for secondary school age children to be fostered on the basis of a written agreement with their parents this is not the case for younger children who need to have reliable and predictable arrangements, within which the chances of disruption are minimised. It is therefore essential that every review of children of primary school age or younger considers whether care proceedings need to be   initiated in order to provide an appropriate legal framework.

It is important that parents understand the obligation of the Authority to make permanent plans for Looked After Children in a timely manner. They should be supplied with written information concerning this obligation.

Child Care Review and Planning

Planning for Looked After Children takes place within the framework of the ICS Looked After Children Procedure

This section summarises the elements of that process most relevant to children in need of permanent family placement: it does not repeat areas such as the Placement Information Record which are common to all Looked After Children and must also be followed; it also highlights those elements of the process that are essential to ensuring permanency and is not therefore a comprehensive guide to all aspects of the review process.

The ICS Core Assessment is the key to all further planning and review, in that it should provide an understanding of: the child's basic needs and the extent to which they are being met; the capacity of the parents to meet these needs; and an idea of the overall family and social network including all known adult members. All three 'sides of the triangle' are essential for effective future planning and it is therefore obligatory to have a recent or updated Core Assessment is completed or updated on all newly Looked After Children.

To be completed before the child is accommodated or as soon as possible afterwards:

The ICS Care Plan is the key document setting out plans for the child; Part 1 - the overall plan for the child's future i.e. to return home, to be adopted etc. which can only be changed at a Looked After Review and Part 2 setting out the child's needs and how they will be met.

To be completed as soon as it is known that the child will be accommodated.

Arranging the Initial Looked After Child Review

The Independent Reviewing Service must be notified that the child has been or will be accommodated in order that a review can be held no later than 28 days after the period of accommodation begins.

The social worker must ensure that all relevant people are invited to  the meeting and that the child and parents are consulted with and  prepared for the meeting. Where there are care proceedings the child's Guardian must always be invited to the Looked After Review.

The ICS Child's Review Report Part 1

This is the social worker's report for the review meeting and should be built upon the  child's areas of need and strengths as identified in the Core Assessment. It is essential that the possibility of a return home to the parents is evaluated, that the preconditions for this to be accomplished are laid out, and that there are clear timescales for this.

Where further assessment is required it is important to be specific as to areas where further information is needed and which will therefore be the focus of further work.

Where, as is frequently the case, there are significant doubts as to whether the parent will be able to make the necessary improvements   within an appropriate timescale the report should also indicate what other avenues to permanency should be explored and if so how e.g. through a Family Group Conference - see below.

To be completed before the initial (28 day) review and each subsequent review:

The Child's Review is the forum in which the Child's Care Plan is formulated, developing from the outline care plan within the Review Report Part 1. The Review Report Part 2 is the Independent Reviewing Officer's evaluation of embryonic plan from which the Child's Care Plan emerges. A change of Care Plan can only be agreed through the review process. The IRO must always be informed of other meetings taking place as part of this process, including   Permanency Planning Meetings or Family Group Conferences.

A review should also be held whenever there is a breakdown in established arrangements for the child in order to make an interim plan while future options are considered.

The Child's Care Plan should be amended and updated as necessary following the initial Review.

National Adoption Standards are that a plan for permanency should be in place for all Looked After children by the time of the second review. Where adoption is being considered, even when other plans may be being pursued in parallel an ICS Adoption Plan should be completed for the second (4 month) review. The Adoption Plan runs together with the Child's Care Plan until such time as it is agreed that alternatives to   adoption should be discontinued, when the Adoption Plan replaces   Part 2 of the Child's Care Plan.

These plans should inform the BAAF Child's Permanency Plan which is the format for presenting a report to the Adoption Panel.

To be completed following the third (10 month review)

Children who remain Looked After for this length of time should have their needs reassessed in depth through the ICS Assessment and Progress Record.


7. Family Group Conferences

Family Group Conferences (FGCs) are part of a model of intervention with extended family networks aimed at empowering families with responsibility for coming up with solutions to their problems. Family Group Conferences Procedure: Principles and Practice (to follow) outlines this approach.

They are NOT primarily a means of 'nominating' family members to become carers for Looked After children and should not be seen in this way. It is however possible that from a reflection upon the issues which have led a child to become accommodated, ideas as to how they may be cared for within the extended family will emerge.

It should be noted that where a placement of a child who is in care with a family member is proposed this will be subject to the proposed carer being eligible for consideration as a foster carer (see Placement with Connected Persons Procedure) or to the agreement of the Court. Where a child is accommodated under Section 20 it is it is important that the parent agrees with or accepts the arrangement. Please note that a placement under S20 will not usually be a satisfactory legal basis for a permanent placement, though may be appropriate for some older young people where it is enshrined in a written agreement between all parties.

FGCs may have a useful function in terms of helping the network to come to terms with a child's situation, to consider how contact arrangements may best be made and to support a parent in overcoming the difficulties that prevent them resuming care of a child.

FGCs are a specialised model of intervention and problem solving  requiring a skilled independent chair. This service is currently purchased from WELCARE on a 'spot' basis - financial agreement   must be obtained from the appropriate manager and a referral form faxed to the WELCARE office.


8. Permanency Planning Meetings

Permanency Planning Meetings (PPMs) are the means by which work towards achieving permanency for a child is co-ordinated and  progressed following a Review decision to pursue a permanency option or options.

PPMs can be held at any time as there may be occasions where it is known that that a permanent placement will be needed shortly after or event prior to birth. The PPM in these instances can undertake some preparatory work but cannot make final or binding decisions, which are within the remit of the review.

PPMs must always be held for children under the age of 2 who remain accommodated at the first Review, unless there is a clear return home date.

PPMs must always be held in respect of children of under 10 years who remain accommodated at the second review, unless there is a clear 'return home' date, and may be held regarding  older children where this is appropriate in the view of the IRO.

Role of the Permanency Planning Meeting

The Review should set the overall direction of the plan; the role of the PPM is to undertake the detailed work in implementing these plans and in particular to ensure:

That there is effective ongoing communication between the professionals involved;

That a sense of urgency is maintained and timescales adhered to, and;

That momentum is not unavoidably lost when changes of personnel occur.

Where it becomes clear within the PPM that a particular option is not feasible or is unlikely to meet the child's needs this should be fed into the reviewing process. The PPM cannot however change the child's Care Plan.

Where there are significant differences of opinion between key professionals the PPM should clarify these and identify a process for resolving this. This may include the involvement of more senior managers as necessary. Where it is necessary to refer an issue to a senior manager for decision the PPM should identify available options and evaluate the advantages and feasibility of each.

Who Attends a Permanency Planning Meeting?

A PPM is co-chaired by the Head of Service, Resources, Specialist  Division. The Service Manager, CLA independent reviewing team and the Team manager, Adoption and Permanence Team are responsible for completing the decision and action sheet. Included in the PPM is the following:

  • Child's Social Worker and their Team Manager/Deputy Team Manager
  • Child's Guardian invited where involved.
  • Family Finding Social Worker
  • IRO

Agenda for an Initial Permanency Planning Meeting

  1. Identify which permanency options are being pursued for the child(ren) and in what order.
  2. Confirm agreement of parties and other significant 'stakeholders' to the overall plans being pursued: where there are actual or potential areas of difference clarify what these are and how these can be minimised.
  3. Outline overall responsibilities and specific tasks to be undertaken - completion of Form F, child's profile for circulation etc.
  4. Where differing care plans are being developed for siblings, to identify the implications of these.
  5. Set timescales in relation to key dates (court, Adoption Panel, forthcoming reviews etc.) A date for the Adoption Panel should be set that links to any Proceedings to ensure that there is no delay in Court dates.
  6. Set next PPM date.

Agenda for Subsequent Permanency Planning Meeting

  1. Check on completion of agreed tasks.
  2. Identify any changes or developments that might affect that plan.
  3. Follow agenda as above from Items 2 onwards.
  4. Where there appears to be delay in pursuing the plan to consider whether the matter needs to be escalated to Head of service CLA or Assistant Director CLA.

Oversight of Permanence Planning Meetings

The Head of Service, Adoption and Fostering and the Service Manager of the IRO Service will meet regularly to oversee the Permanence Planning Process for all children who are subject of such meetings.

Managers should alert them to any case where there is significant drift or difficulty.

The Meeting will also consider all newly Looked After Children and whether a Permanence Planning Meeting is required.


9. Other Permanency Issues

Separation of Siblings

It is well known that relationships with siblings are among the most long-lasting and significant that we experience during a lifetime. Planning for looked-after children should therefore aim to keep siblings together wherever possible. In this context sibling includes half-sibling; although the strength of this tie may vary when the children have lived apart for some or all of their lives.

While it may be necessary in an emergency to place siblings separately, permanency planning should normally aim to keep brothers and sisters together. Where separation is necessary this must be part of a formal process based on an assessment of needs, never as a result of resource or day-to-day management issues.

Valid reasons for separation would include a significant disparity in types of need, e.g. where one sibling requires a specialised type of care or a likelihood of perpetuating abusive relationships where this cannot be sufficiently reduced through providing therapy. A structured written assessment must be made and appropriate input should always be obtained through the CLAMHS service.

A decision to separate or to pursue separate placements for Looked After siblings can only be taken at a Child Care Review, not at a Permanency Planning Meeting. Where siblings have been approved for adoption any recommendation that they be separated must be referred to the Adoption and Permanency Panel and full details of the both the issues and the action taken in respect of them must be given within the Child's Permanency Report or Form E (The Form E is used for children in need of permanence through fostering at the time of writing, though a specific CPR for fostering is under development.)

Permanency With Existing Foster Carers

Confirmation of a child's permanent placement with their existing foster carers can be a positive outcome and has the particular advantage of avoiding disruption of present emotional ties. This is now recognised in legislation and a foster carer who has cared for a child for one year or more is entitled to apply to the court for an Adoption or Special Guardianship Order regardless of the Authority's support.

It is important however that this option is a positive choice rather than a 'second best' option: task centred foster carers need to be supported in their specific skilled task and should feel that they are part of the professional network rather than being responsible themselves for providing a long-term family for the children they care for.

In particular, permanency should take children out of local authority care; foster carers who are offering permanency must therefore be willing to pursue Adoption or Special Guardianship: only in rare circumstances would it be appropriate for a child or children of under ten years of age to be fostered on a long term basis.

Inclusion of foster carers within the planning process should avoid this option occurring 'by default'. Attachments inevitably develop where young children are with a carer for a period of time, and these need to progress within an explicit planning process. The steps in this are as follows:

  1. Detailed discussion between foster carer, their link worker and the child's social worker regarding the overall proposal. This should include any request for ongoing financial or other support.
  2. Foster carer puts their interest in writing to the Head of Service responsible for the child.  Whether they are in-house or IFA this should be endorsed by their supervising social worker. The Head of Service should respond in writing.
  3. A Permanency Planning meeting is held to consider progress made on alternative routes to permanency; whether some or all of these should continue to be pursued; and whether the foster carer's interest should be endorsed.
  4. Foster carer is referred for assessment as a prospective Adopter or Special Guardian to the Adoption and Permanence Team
  5. Child Care Review endorses plan for foster carer to offer permanency, though this may be as part of a parallel plan.
  6. Child's CPR Plan is updated as necessary and presented to Adoption Panel
  7. Carer's form f is presented to Adoption and Permanency Panel
  8. A matching report is provided to the panel.

Direct Work With Children

An important responsibility in work with Looked After children is to   ensure that they have an understanding both of their own background,   of the circumstances that have led to their current situation and of the   steps taken to secure permanency for them. This has the elements of:

  • Ongoing contact and communication from both their social worker and the fostering and/or adoption worker
  • Consultation regarding their views and preferences at an age appropriate level as part of the review and planning process.
  • Direct work aimed at helping them understand their background: all Looked After children where permanency plans are being pursued should be engaged in life-story work.


10. Role of the Adoption and Permanency Panel and Agency Decision Maker

The role of the Adoption and Permanency Panel with respect to looked after children is to exercise independent scrutiny of:

All proposals that placement of Looked After children for adoption or long-term fostering, or to be placed under a Special Guardianship or Residence Order is in their best interests;

All proposals to 'match' Looked After children with specific approved carers;

And to make a recommendation to the Agency Decision Maker as to whether and subject to what conditions this should take place. The Agency Decision Maker then makes the final decision on behalf of the agency and may at times require further information before doing so.

Decisions Regarding the Plan for the Child 

A recommendation by the A&P panel, endorsed by the Agency Decision Maker is required before a child can be considered for matching with prospective adopters or other carers and is also needed before the conclusion of care proceedings when a permanent placement forms part of the care plan.

It is therefore essential, given the importance of this decision that adequate work is undertaken with the child and family and that this is evidenced in the report. In particular it is important to show:

  • That work has been done with the parents to give them the opportunity to care for their child. This will need to be spelled out e.g. when a parent has not maintained contact there needs to be evidence of efforts made to trace them.
  • That resources within the entire extended family network have been considered and that where a decision has been made not to pursue particular options that good reasons for this are given. Efforts must always be made to have face to face contact with fathers.
  • That the child's existing relationships have been fully considered and that steps are taken to keep them alive wherever possible. In particular there must be an assumption in favour of keeping siblings together (see Section 9, Other Permanency Issues).
  • That needs arising from the child's culture, religion, language and ethnicity are fully considered. This applies to all children, not just those from visible ethnic minorities.
  • That direct work has been undertaken with the child to help them to understand their history and circumstances in an age appropriate way; and that their views and feelings have been taken into account within the plan.
  • The current Child's Care Plan, including the views of the IRO must always be included.

Where an option other than adoption is recommended the reasons why this is in the child's best interests must be fully substantiated. Please discuss this with the Agency Advisor prior to submitting the report.

Matching Decisions

Cases should be presented to the Adoption and Permanency Panel for a formal matching decision at the conclusion of detailed preparatory work, both in helping children to prepare for permanent placement and in the selection of carers who have the qualities, skills and capacities most appropriate for the children in question. It is essential that both of these areas are evidenced in the matching report which is presented to panel.

Although there will be variations in the degree of choice of carer which is available it is important to indicate that a positive choice has been made according to clear criteria. These should include not only the potential carers' current circumstances but also relevant issues from their life history e.g. evidence of overcoming conflict or adversity.

Where there is a decision to be made between two or more sets of potential applicants this must be made in a minuted meeting with the input of the Team Managers/Deputy Team Managers from both the child's and Fostering and Adoption services. The reasons for the specific choice must be recorded.

Where the proposed match is with someone who has an existing connection with the child - a relative or existing foster carer - the reasons for this option must be given explicitly. While the existing relationship is an important factor it is important to evidence the carers' abilities to meet the child or children's needs throughout their childhood.

Reports for Adoption and Permanency Panel

The following reports are required for the Adoption and Permanency Panel:

  • Adoption as the plan for the child: An individual Child's Permanency Report

  • Adoption Matching: Form F on carers; CPR on children; brief updates on both forms as required; Matching Report written jointly by child's worker and Adoption worker.

  • Fostering Matching: Form F on carers; CPR on children; brief updates on both forms as required; Matching Report written jointly by child's worker and Fostering Supervising Social Worker.

  • Special Guardianship Matching: Form F on carers where this already exists;

  • Form E or CPR on children and any update; Special Guardianship Court Report.

Additional Reports should be included with the agreement of the Agency Advisor. Note that disclosures of assessment reports lodged in court proceedings require the agreement of the court. Where there are lengthy reports it may be preferable to provide a summary of the issues raised and conclusions reached. 

Reports for the Adoption and Permanency Panel must be quality assured within the service unit, including comprehensiveness, consistency and accuracy of all factual information; coherence of the overall proposal and the use of correct English. The Head of Service is required to 'sign-off' all panel reports.

They must then be passed to the Agency Advisor 28 days before the date of the intended panel meeting. Any final corrections or amendments must be completed and the final report presented to the Panel Secretariat no later than 14 days before the panel meeting.

The panel meeting should be attended by the author of the report and their supervisor. Where the author is unavailable the Team Manager or Deputy must attend.

Following a panel decision a copy of the decision sheet must be uploaded to the case record.

Please see the following flowcharts:

Permanency Processes

Click here to view Permanency Processes Flowchart

Overview of Adoption Process

This Chart is extracted from Permanence Planning: Notes for Practitioners, Social Care Institute for Excellence

Adoption Matching and Placement Process

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