3.1.2 Adoption Panel

AMENDMENT

This chapter was amended in October 2011 to take account of the changes made in the Adoption National Minimum Standards 2011. See Section 2, Adoption and Permanence Panel Membership, in regard to the Central List. This section should be re read.

1. Adoption and Permanence Panel Purpose and Function

1.1 Adoption Functions

The Adoption and Permanence 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).

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 (known as SHOBPA decision)
Whether a child should be placed for adoption with specific prospective adopters

The recommendations must be unconditional and cannot be ‘in principle’.

The Adoption and Permanence Panel may advise (but is not required to do so) on the following issues:

The number of children the prospective adopter may be suitable to adopt, 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 and future contact arrangements

The Adoption and Permanence 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 Placement for Adoption Procedure, and receives Disruption Reports in relation to any breakdowns in adoptive placements (see Disruption of Agency Adoptive Placement Procedure).

1.2 Other Functions

The Adoption and Permanence Panel in Lewisham also considers Special Guardianship Applications for looked after children.

2. Adoption and Permanence Panel Membership

The Adoption and Permanence Panel, through the Panel Adviser, will maintain a central list of persons considered suitable to be members of the panel. Panel members will be appointed for each panel from the central list. There is no limit to the number of people on the central list and the same people do not have to be appointed to every panel Each panel will normally be constituted of seven members but can be quorate with five members. The maximum membership of a panel is ten.

The central list must include social workers with experience of adoption with at least three years post qualifying experience in child care social work, a Medical Adviser, and other persons whom the agency consider suitable, including those not employed by the agency to reflect the independent nature of the panel. These can include those with personal experience of adoption, for example, as an adoptive parent, an adopted person or a birth parent.

Wherever possible, the Panel membership should be gender balanced and reflect the composition of the community served by the agency.

The Chair must be an independent member, and is appointed by Designated Manager (Adoption and Permanence Panel Appointments).

The Panel must also have a Vice Chair (not necessarily an independent member), who is also appointed by Designated Manager (Adoption and Permanence Panel Appointments). The agency may appoint a second vice chair.

The Agency Decision Maker on adoption matters must not be a member of the Panel.

The quorum is five members present including the Chair or Vice Chair and the social worker with adoption experience. Where the vice chair has to chair and is not an independent member, at least one independent member.

2.1 Appointments to Panel

There is no time limit on the membership of a panel.

Panel members will be expected to attend induction training and thereafter at least one Panel training day per year.

New appointees will be asked to give signed agreement to checks being undertaken through the Criminal Records Bureau (CRB) 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 Panel Adviser immediately if they receive such a conviction or caution while serving as a Panel member.

Written information about the expectations arising from their appointment will be given to new members (in relation to attendance at meetings, confidentiality and their general conduct - see paragraphs 2.2 to 2.4 below) and they should be asked to sign a written agreement confirming their acceptance of these before taking up their appointment.

2.2 Attendance at Panel

When appointed to attend from the central list, Panel, Members are expected to make every effort to attend Panel meetings.

If Panel members are unable to attend, they should inform the Panel Administrator as soon as possible, to ensure the Panel is quorate.

Failure to attend less than 75% of appointments to Panel meetings in one year, for other than medical reasons, may result in the member’s appointment being withdrawn.

2.3 Confidentiality

All written and verbal information given to Panel members in the course of their duties is strictly confidential. Panel members 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. This should be done at the earliest opportunity, to ensure the Panel is quorate (see Section 2.5).

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

2.4 General Conduct

Panel members 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 the Panel meeting, and come prepared to contribute to the Panel discussion.

The Panel Adviser will review each Panel member’s performance on a regular basis.

The Panel 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 Panel member, this should be conveyed to the Chair who will raise these concerns with the member in private.

If concerns about a Panel member’s conduct or behaviour cannot be resolved informally, the Chair, in consultation with the Panel Adviser, will write to the member concerned setting out the concerns and what action it is proposed to take. See Section 2.7 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.

2.5 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, Panel Adviser or Legal Adviser, giving as much advance notice as possible particularly having regard to the implications for the quorum.

2.6 Resignations from the Adoption and Permanence Panel

Panel members are expected to give a minimum of one month’s written notice, except where personal emergencies e.g. accidents, illness, make this impossible. Resignation letters should be addressed to Designated Manager (Adoption and Permanence Panel Appointments), with a copy to the Chair of the Panel.

Initial verbal resignations may be given, but only at the close of Panel business and should always be followed by a written resignation. Panel members are asked, as a matter of courtesy, to inform the Chair of the Panel of their intention to resign, before making any public announcement.

Panel members wishing to withdraw a submitted written resignation must do so before the one month notice period expires by writing to Designated Manager (Adoption and Permanence Panel Appointments), who reserves the right not to accept a withdrawal of notice and to allow the original letter of resignation to stand.

2.7 Termination of Appointment of Panel Members

Where there are concerns about a Panel member’s behaviour either inside or outside the meetings, and the difficulties have not been resolved by discussion and correspondence between the Chair, Panel Adviser and the member concerned, the matter will be raised by the Panel Adviser with Designated Manager (Adoption and Permanence Panel Appointments), 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 Designated Manager (Adoption and Permanence Panel Appointments).

3. Adoption and Permanence Panel Meetings

The Adoption and Permanence Panel usually meets twice a month. The Panel 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.

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

The Panel Adviser, who must be a senior member of staff 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 Panel Adviser must arrange to provide specialist advice and any relevant information required.

The Panel Adviser’s role is also to assist with appointments to the Panel, 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 Panel Adviser, will prepare the agenda for each meeting. The agenda and Panel papers should be sent to members at least one week 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 2.5). 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 and Permanence 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 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 and Permanence Panel

Reports to the Adoption and Permanence 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. Notes from presentation made by Jane Page (Panel Adviser) re Adoption Panel, 3rd November 2008

The Panel starts with no knowledge of the child and or the match being proposed, they are looking to the social worker to give them this and to provide all aspects of the child's life and to explain the care plan and the match for the child. What you write, will be what they know.
It is important to show how (analysis) the local authority has arrived at their conclusions and what (plan) will happen next to promote the child's welfare - consider the five outcomes.
Tell the child's story. Describe all aspects of the child's life, how the child ticks, bring the child alive to the panel. Provide the essence of the child.
How was the Care Plan arrived at?
How was the match decided upon - how will the needs of the child be met?
Tell the child's story
Your report will be read by the child in the future. It is important for them to understand the events of their lives and how decisions were made. Explain detail in the report about why certain things happened and who were the significant people for the child
Use Form E or consider amending an existing Child Permanence Report
Child's basic details, check that all are correct and you have all the child's names. Do not assume the previous worker has got it right
Race/Ethnicity - how does the child see themselves, provide details for example, if they are of Afro Caribbean origin what island does their family originate from. Do not just leave it as White UK, what part of the UK
Language - What language/dialect is associated with their parents place of origin
Religion - Provide details, is it part of their lives, do they practice? How will this be maintained and promoted
Describe the child physically, emotionally, developmentally, and their character - bring a photograph to Panel. Provide a balance between strengths and weaknesses and give all sides of the child
Child's Views - what is their understanding of what is being proposed, what are their fears and/or expectations
Family - Provide all names, dates of birth and whereabouts of family members if known, provide descriptions and a Geneogram and the importance of each individual in the Child's life. If someone has got lost and is no longer in contact with the child, state what efforts are being made to find them. Make sure that information to the Panel provides that history is balanced and that it includes positives about the family. Very few people have no redeeming features
Contact - what is contact like for the child. What would help the child in the future. Do not consider weekly contact for long term fostering, look to the needs of the child. Are the family members supporting the placement or are they likely to give messages to the child about returning home. Describe what work will be undertaken with the family members regarding contact
Education - Provide school reports, information and statements and the plan that the local authority is undertaking to address any problems at school
Interests - how are these being developed and supported, this will provide a rounded picture of the child
Health - Provide the latest Reports, have all the previous recommendations been followed up, for example, recommendations re HIV Tests, Immunisations etc
CAMH's - Has/should a Referral be made. If the child is moving to a different area, will a referral be made. What will be the focus of work by CAMH's to support the placement
What will make the Placement last
Chronology - make sure all events are relevant and help towards an understanding of the child. These should only be key events and milestones that reflect the events in the child's life
Care Plan - what are the time scales for the Care Plan, how will the Care Plan be developed
Obtain the views of others, for example, child's guardian, IRO, Foster Carer, family members
Analyse the child's needs taking into consideration all of the above. Make use of research where necessary. Make a conclusion as to how the child's needs will be met. Show how your plan will be implemented and developed
Ask for the Panel's advice if needed, this can carry some weight in Court
Matching - Ensure that the Foster Care Agency has done all the work and that the family are approved as long term carers for the age range, ethnicity and gender of the child. Ask the Agency for all the documents regarding checks and references and do not assume that it has all been done
When considering matching, start from the child's point of view, ensure that there is no risk of replication of past placement breakdowns or replicating the child's family of origin circumstances. Show the child's needs will be met and make reference to ethnicity and culture. Provide examples in the Report about how the child's needs will be met in the new home
Ensure that the family does and can meet the child's needs and if there is any shortfall how these will be addressed
How will the foster carers support contact and help the child with contact issues
How will the foster carer meet the challenges that will arise in the future, for example, adolescence
Are both carers equally involved
How will the foster carers provide the compensatory parenting that the child needs
Use simple language throughout the Report to Panel. There is no need to use social work language or terms. Be direct and straightforward

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