4.1.1 Adoption Panel |
AMENDMENT
This chapter was amended in March 2012 as a result of the Adoption Guidance and the National Minimum Standards published in March 2011, which became effective from 1 April 2011. In particular the constitution and membership of the Panel has changed.
Contents
1. Membership
A Central List needs to be maintained containing a list of persons considered to be suitable to be members of the Adoption Panel.
When setting up an Adoption Panel meeting, members will be drawn from this Central List.
The same people do not have to be appointed to every Panel meeting.
There is no fixed Panel membership or maximum number of members or maximum tenure of office.
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 (Appointments to Adoption Panel).
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, whose role is to make decisions based on the recommendations made and advice given by the Adoption Panel, must not be a member of the Central List.1.1 Appointments to the Central List
Members of the Central List are appointed by the Designated Manager (Adoption Panel Appointments). There is no maximum number of members or maximum tenure of office.
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 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 Designated Manager (Adoption and Permanence Panel Appointments), immediately if they receive such a conviction or caution while serving as a member of the Central List.
Written information about the expectations arising from their appointment should be given to new members (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 paragraphs 1.2 to 1.4 below) and they should be asked to sign a written agreement confirming their acceptance of these before taking up their appointment.
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.
1.2 Confidentiality
All written and verbal information given to Panel members in the course of their duties is strictly confidential. As indicated above, those included on 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.
They 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. This should be done at the earliest opportunity, so that an alternative member can be invited if required to ensure that the Panel is quorate (see Section 1.4, Conflicts of Interest).
Failure to comply with the above paragraphs may result in the member's appointment to the Central List being terminated.
1.3 General Conduct
All members of the Central List should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.
Panel members should have read the Panel papers carefully, prior to Panel meetings, and come prepared to contribute to the Panel discussion.
The Professional Adviser will review the member's performance on a regular basis. The Professional Adviser, in consultation with the Chair, will review each member's performance on a more formal basis at least annually.
If there are concerns about the conduct or behaviour of a member of the Central List either inside or outside Panel meetings, this should be conveyed to the Chair who will raise these concerns with the member in private.
If such concerns cannot be resolved informally, the Chair, in consultation with the Agency Decision-Maker, will write to the member concerned setting out the concerns and what action it is proposed to take – see Section 1.6, Termination of Appointments to the Central List.
The Chair's performance will be reviewed annually by the Agency Decision-Maker, taking into account the views of Central List members and others who attend Panel meetings, for example social workers and prospective adopters.
1.4 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, Professional Adviser or Legal Adviser, giving as much advance notice as possible particularly having regard to the implications for the quorum.
1.5 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 the Designated Manager (Appointments to Adoption Panel) 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.
Central List members are expected not to temporarily withdraw their services, because of disputes/disagreements over Panel practice or policy. Any member taking such action will be deemed to have to have formally resigned with immediate effect, even if no written resignation has been received.
Central List members wishing to withdraw a submitted written resignation must do so before the one month notice period expires by writing to the Designated Manager (Appointments to Adoption Panel), who reserves the right not to accept a withdrawal of the notice and to allow the original letter of resignation to stand.
1.6 Termination of Appointment to the Central List
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 a Central List member's behaviour either inside or outside the meetings, and attempts to resolve the difficulties have not been resolved by discussion between the Chair and the member concerned, the matter will raised by the Chair with the Designated Manager(Appointments to Adoption Panel).
The Designated Manager will decide whether to propose the end of the appointment and if so, will advise the member in writing giving clear reasons for the proposal.
The member will be given the opportunity to make observations on the matter before a final decision is made.
2. Meetings
The Adoption Panel meets fortnightly. The Panel Administrator with the Chair's authority arranges additional special meetings as necessary, where for example there is a need to consider an urgent placement or a child protection issue in relation to prospective adopters or the Court timetable requires it.
The Professional 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.
See Chapter on The Role of Agency Advisers to Adoption Panel.
Where the Panel is considering a matter relating to an inter country adoption, the Professional Adviser must arrange to provide specialist advice and any relevant information required, for example where there are issues relating to a child's race and culture and/or where an inter country adoption is being considered.
The Panel Administrator, in consultation with the Professional Adviser, will identify members of the Central List to be invited as Panel members for each meeting, and prepare the agenda for each meeting. The agenda and Panel papers will be sent to members 5 working days before the meeting.
The Panel's legal adviser is invited to attend 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. If an interest is declared the meeting 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.
Those presenting reports to the Panel must send 13 copies of the reports to the Panel Administrator 14 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.
3. Purpose and Function
The Adoption Panel is responsible for overseeing the running 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.
Recommendations
As part of this function, the Adoption Panel makes recommendations as to the following:
- The suitability of prospective adoptive applicants as adoptive parents;
- 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
The Adoption Panel makes recommendations on the suitability of prospective adopters to adopt within eight months of receipt of their formal application.
The Adoption Panel makes recommendations 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.
The Adoption Panel makes recommendations 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 must also consider and may at the same time give advice on the following issues:
- Where prospective adoptive parents are recommended as suitable adoptive parents, the number of children the adoptive parents may be suitable to adopt, as well as their age range, sex, likely needs and background;
- Where it is recommended that a child should be placed for adoption, what the contact arrangements for the child should be and whether an application should be made for a Placement Order;
- Where it is recommended that a child should be placed with particular prospective adopters, the proposed Adoption Support Plan, future contact arrangements and contact agreement, and the exercise of Parental Responsibility.
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 Chapter on Placement For Adoption Procedure, and receives Disruption Reports in relation to any breakdowns in adoptive placements (see Chapter on Disruption of Adoptive Placements Procedure) and may consider changes to children's adoption plans as a result..
4. 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);
- Who attended and for which part of the discussion;
- Medical advice;
- Legal advice;
- The Panel's conclusions;
- The Panel's recommendations and reasons;
- The Panel's advice.
In relation to any agenda item relating to the plan for a child, the reports will also contain information in relation to the following:
- The wishes and feelings of the child and, if not acted on, the reasons;
- The wishes and feelings of the parents;
- The wishes and feelings of members of the extended family and significant others;
- The counselling of the parents;
- The child's assessed needs;
- Alternatives to adoption/permanent placement considered and reasons for rejection;
- Any ethnic, cultural or religious issues and advice obtained;
- The views of the Children's Guardian if known;
- The assessment regarding post-adoption contact;
- The assessment regarding post-adoption support needs.
The Panel minutes will be kept on every child's Adoption Case Record. Separate records will be kept for each child of a sibling group.
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 make a decision within 7 working days in order to meet the timescales 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 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 supervised by a member of staff with the suitable qualifications and experience.
The same qualifications and experience are required for social workers and/or their supervisors in relation to undertaking visits of children placed for adoption - see Chapter on Monitoring and Supervision of Adoptive Placements.
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