On 7^th November, the adoption sub-group of the Public Law Working Group (PLWG) published their report “Recommendations for best practice in respect of adoption”.  The report, which is the result of a four year process,  focuses on five areas: international adoption, consensual adoption; access to adoption records, processes and procedures in court; and contact.

The PLWG write that the report

“is intended as a review of the adoption process an a catalyst for positive changes, and also as a useful tool for those working in adoption and related services.

The report finds that the model of adoption has adapted and changed over the years, and that more needs to be done to make it effective now, including making use of digital tools for both training, information and contact. The original model for adoption was of children who were born illegitimate, or to impoverished or young parents, and being ‘relinquished’ at birth to be placed with more financially and socially secure childless married couples. Now, most children are adopted from care, although there remains a small number of cases where babies are relinquished for adoption. The number of adoptions in England and Wales has significantly changed, peaking at around 25,000 in the late 1960s and falling to around 2,950 in 2022.”

The report recommends that:

1. 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.

2. There should be a national protocol for a standard procedure for access to records applications.

3. 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.

4. 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.

Chair of the Public Law Working Group sub-group which is responsible for the report, Mrs Justice Judd, said: “This report highlights the need for significant change so that adopted children have more opportunity to keep in touch with their birth families unless it is not safe, and better access to their records. It also calls for changes to process and clearer guidance for international adoptions, and recognises the lasting effect of adoption orders on birth and adoptive families.”

President of the Family Division of England and Wales, Sir Andrew McFarlane, said:

“I welcome all of the report’s recommendations and would like to thank all those who contributed to its development either by membership of the group or by responding to the consultation.

“The recommendations concerning contact with a child’s birth family are especially important, but the particular arrangements in each case much be determined by the needs of the individual child.”

For the full final report see here

For a table of post-adoption caselaw (Appendix A) see here

For Flowcharts on access to information (Appendix A) see here

For the PLWG press release see here

Key organisations responded to the report’s publication last week.

On 7^th November Emily Frith, Chief Executive of Adoption UK responded:

“Safe and well managed contact with birth family can be enormously beneficial for an adopted child or young person. It can help them understand their life story and stay connected to important people in their lives. More adopted children should have opportunities for contact with their birth family.”

Ms Frith continued:

“But contact has to be meaningful and safe for the child and if it’s not well managed it can be harmful for them, both in childhood and into adulthood. At the moment, support for managing relationships between birth family and adoptive families is at best patchy, at worst non-existent. Adult adoptees often get no support in tracing and reestablishing contact with birth family members. There is an urgent need for radical change in support for contact –  including funding for specialist support workers to help everyone involved”.

Adoption UK research shows that most adopters are open to direct contact – 93% of prospective adopters in the Adoption Barometer (2024) said they believed direct contact can be beneficial and there has been an increase in direct contact over the past five years.

However, the responsibility to support birth family relationships doesn’t end when childhood ends. Adult adoptees who want to reunite with birth family or just find out more about them are struggling to get any kind of support, and changing that situation is part of the radical shift that’s needed within the adoption system.

For the Adoption UK press release see here

Helen Lincoln, Chair of the Families, Communities and Young People Police of the Association of Directors of Children’s Services said:

“The removal of a child from their family is arguably one of the most significant acts the state can take, and individual circumstances must drive all decisions around contact with birth families. Enabling contact between a child and their birth family must be carefully managed and incorporating different methods of communication is part of that. Digital contact pilots are currently being led by adoption leaders, but a careful balance must be struck between both the benefits and risks for the child. Other recommendations about simplifying laws and regulations and creating national standards plus greater support for birth parents are for government to consider as part of their planned reforms to children’s social care.

ADCS is eager to collaborate with the department and other stakeholders to modernise the adoption process collectively.”

For the ADCS press release see here

CoramBAAF wrote on 8^th November that the organisation welcomed the publication saying that the report:

 “contains a wealth of recommendations across five chapters aimed at supporting the continued modernisation and adaptation of the adoption process.

Whilst there is no suggestion of a radical overhaul of the adoption system, the recommendations identify the huge amount of work required across the sector to keep the system fit for purpose for the future.

Each chapter makes realistic, practical recommendations to address the identified difficulties with the current law and practice and their application. The report recognises the lifelong impact of adoption and recognises the need to support a child’s identity through staying in touch with their birth family. There is, however, no expectations for contact orders to be routinely made where adopters oppose it, rather, that earlier support will facilitate connection. There is recognition of specialist requirements for international adoption.

Adoption continues to play an important role for some children. The volume of recommendations adds up to a significant amount of work which for all those involved in permanency planning will require significant resourcing to achieve.

We look forward to playing our part in taking the recommendations forward and ensuring that we keep the system fit for purpose to meet children’s needs now and for the future.”

For the CoramBAAF press release and case summaries see here

For the Family Law Week summary of the recent key judgment R and C (Adoption or Fostering)  [2024] EWCA Civ 1302 see  here.

News Editor- Martha Walsh, Barrister, Westgate Chambers

11/11/2024