Consultation on adoption reform

The government recently announced plans to undertake reforms to the UK adoption system. In addition to the Children and Families Bill, which includes provisions for a more stream-lined “fostering to adoption” process, David Cameron has announced further adoption reforms focused on reducing delays and improving stressful circumstances for children, outlined in the government’s recent paper An Action Plan for Adoption: Tackling Delay.

As part of this effort, the government has launched two consultations seeking input on parental contact arrangements and the adoption of siblings. The first consultation promotes contact arrangements that are “driven by a thorough assessment of what is in the child’s best interests”. Children in care require contact for maintaining positive relationships that support reunification; at present, local authorities are legally required to make contact arrangements when this is consistent with the child’s best interests. Yet the consultation paper emphasises that the frequency, circumstances and quality of arrangements matter, given the diversity of children’s needs. Research conducted at Coram raises concerns that infants experiencing frequent contact often display distress before, during and after contact sessions. When a child is placed for adoption, the purpose of contact changes and arrangements must be considered carefully. The consultation paper cites research stating that the proportion of children suffering negative consequences from contact was double the proportion of those who had positive experiences.

In light of this, the government is consulting on proposed changes at the three stages in the process. For children in care, changes include: considering length and frequency of contact in regulations and guidance; removing the perceived presumption of contact from local authorities’ duties; or, alternatively, replacing duties with a requirement that local authorities consider the purpose of contact arrangements according to the child’s care plan.

Where decided that “adoption is the plan”, the government is seeking views on proposed changes for contact arrangements, which include: a presumption of “no contact” when a placement order has been made, unless contact is in the child’s best interests; a “permission” filter requiring birth parents to get court permission to apply for contact; a provision requiring that local authorities explicitly seek potential adopters’ views on contact; and strengthening post-adoption support and training on contact for prospective adopters.

Placement for siblings
The second consultation addresses the issue of adoption placement for siblings. Statutory guidance states that a local authority with responsibility for siblings must ensure they are placed together where it is reasonably practical and consistent with the child’s welfare and safety. But in some cases, it may be in the child’s best interest to be separated from siblings, particularly where the child has an unhealthy relationship with a sibling or requires intensive support from parents. Lastly, it is more difficult to find siblings adoptive parents. Therefore, the decision to keep them together can cause delay or prevent adoption from occurring.

The government is seeking views on changing the law to ensure that sibling group adoption placements are only sought when they are in the best interest of each individual child; on identifying adopters willing to adopt siblings; and on contact arrangements between siblings who are adopted separately.

While the specifics of adoption reform plans have not been determined, the government has expressed commitment to implementing changes aimed at improving outcomes for children. The CCLC welcomes the emphasis on decision making that is in the best interests of the child, including reducing unnecessary delays for children awaiting adoption.