Hello. Welcome, everybody. My softer my murder. And I'm very pleased to welcome you to today's session through data law. This study is the third and final session where I'm taking you through special Guard supporters, the adoption on chart arrangements, orders and looking at the differences and similarities between them. Andi in the first two sessions and you remember in the first one we looked at the position with child arrangements orders. In the second session, I looked at the position with special garden ship borders. So today, as of September 2020 we're going to be looking at the position with adoption on effectively comparing on contrasting these with the others. Now, when it comes to plans for adoption, we first and foremost have to ask ourselves about what we mean by adoption agencies in many local authorities. 11. Adoption Agency, which is going to be responsible for certainly assessing the suitability of prospective adopters and matching those with Children who are looking to be placed for adoption. So that's what we mean by adoption agencies On linked with that, we need to think also about what's known as an adoption panel. Many local authorities will have what's known as a permanency panel or long term adoption panels. It's sometimes called on adoption Panel consists of a number of people professionals, some who will be involved in local authorities. Some who will be independent of local authority on they wouldn't consider that child's case and the perspective adopt his case with a view to certainly making a number of recommendations. Some which will be recommending the link i e. Whether that particular charge should be linked with that particular perspective adopter with a view to matching them, therefore recommending that so they will be playing a very significant role in making those recommendations, which were then in turn go to local authority to enable them to decide whether or not to approve that match of, for example, now with adoption. There were significant changes that came about some years ago as a result of the Adoption Children Act of 2000 to, ah, large part of this act came into effect in December 2000. On Day five, this was Theodore Option Children Act of 2000 and two. So going through some of the changes first and foremost, this act made the welfare test on the welfare check list, Paramount in all decisions related to adoption. Surprised, too, that even though it's the first consideration, it wasn't paramount. But now this famous aligned adoption with the Children, actors or wealthy was not a paramount consideration. We used to have something called freeing orders. Some of you might remember these orders were orders, which allowed adoption agencies to free the child for adoption and able to make the child available for adoption. But all those orders, Prince largely went as a result of this act on. Instead, these new type of orders. Nona's placement orders came in which had the effect off, not extinguishing parental responsibility of birth parents but enabling them to retain that even at the point at which the child was placed with prospective adopters on the parental responsibility would only be extinguished at the point at which, if and when the child was subsequently adopted. And also there was a change in a test for dispensing with consent to make it more favor, uh, in the way in which one was looking to dispense with consent on. Also, this concept of what's called advance can sent came into place whereby for parent felt that they do wish to, uh, place give their child up for adoption on they were consent, a child being place. They could also in advance consent a child also being adopted as well. So that concept advance consent came in. And it was this act that also brought in the concept of special guardianship which we discussed in the previous session on this act. Also expanded the category of potential doctor parents, uh, so as to not limited to single persons of married persons, but also now to include other couples as well in doing family relationships. Yeah. So let's look at what the test is for deciding whether or not a charge will be made subject to an adoption order. For example. Now, in the first session, you remember when we looked at child arrangements orders I took you to the Children Act Welfare check list. The adoption and Children at Welfare check list is very similar, but also in many respects, very different to the checklist for purposes of, say, chart arrangements, order specifying Living With Under the Children Act. First of all, for first and foremost the welfare of a child. When it comes to plans for adoption is the course, paramount consideration, so you can see this very much mirrors what we've got under the Children Act Section 11 So this is Section 12 with a welfare. The childhood, of course, paramount consideration not just doing their childhood, but indeed throughout their life. So when you look at adoption, it's got to be the right order, not just for their childhood, but indeed for the rest of their life. It's got to be the right order, and that's very, very important. Then he got Section one, subsection three, which is the no delay principle. So in these proceedings again, just like we have in, uh, proceedings under the Children Act, there is a need to ensure that delays kept to a minimum. And that's where we need to have a timetable in place, which we need to a deer to to ensure that delays kept to an absolute minimum. We also don't have the welfare check list on this welfare check list in many respects, mirrors what we have under the Children activation nine, but it's also very different. So that's the welfare check list under Section 14 So the court, in deciding whether to make the order or not and deciding what order to make. And also the adoption agency must have regard toward these factors first and foremost, the Charles ascertainable wishes and feelings considered in light of their age and the understanding. So again, you can see this mirrors what we have under the Children act. You gotta look a child's particular needs, then. These are specific factors, which are specific to plans for adoption. Another related matters. The likely effect on the child throughout his or her life off season. To be a member of the original family and becoming adopted currency person. So you can see one has to look at the effect on the child off season to be a member of the original family. This is where this idea of parallel planning this idea off looking at what? The impact on the child off being adopted and therefore no longer being, uh, certainly a child of the original family. Uh, in that regard what impact that would have on them. One also looks at Charles age, sex, background and relevant characteristics north of the harms we discussed earlier. When it comes to the Children Act checklist but in relation to the element relating to the impact upon the child of season. To be a member of the original family can see this is also emphasized than when we dig deeper into the welfare check list. So you can see here one has to look at the relationship with the child has with relatives on also, with any other perspective adopter with whom the child has been placed. So if the child, for example, has and I've been placed with prospective adopters, then if if, for example, the parents of contesting the adoption being order be made, you got to look at the impact is gonna have on the child. And indeed, the prospective adopters, if the child is not made subject to that order, is in fact return to birth family. So you need to look at that relationship is, well, so not just with the relatives, but also with prospective adopters and indeed, with any other person with whom the agency and the court considers relevant on if we got related, the likelihood of that relationship continued on the value to a child on the ability, on willingness of any other relatives, only other person to provide the child with a secure environment on, of course, linking with that, one has to look the wishes and feelings of that child's relatives when the other person, so you can see this famous, emphasizes the need to look at the impact on a child of returning to birth. Family or certainly not being not being placed with not living continue to live with the perspective doctors an impact that that may have on them in terms of who can then apply for adoption under the act. This is where we then need to look at the position with the changes that were brought in as a result, off the adoption Children at 2000 and two, so that Section 49 of the act provides that a couple can apply or indeed a single person comply. But in terms of a couple, this is now defined under Section 144 subsection 46 off the act, which defines a couple of somebody who is married and also whether a married whether same sex, otherwise, on also living as partners and in doing family relationship was, unless one of them, in the others parent guardian, sister, brother uncle or aunt. So, of course, in terms of who can adopt, you could have single persons you can a married persons who may be certainly married, same sex. Otherwise, you can have civil partners on since the turn of 2020 years. You know, civil partnership now also incorporates opposite sex couples. Also on. Then you can have cohabiting couples as well if they are in an enduring family relationship. So you can see that certainly the ability off whom may adopt has has certainly been expanded quite significantly in that regard. What's the effect of an adoption order? How is this different than to chart arrangements, orders and special guard ship? As you remember in the first session, we looked at special guardianship. So it's charred arrangements, orders, which give you prevent responsibility, which allows you to exercise that. But of course, it doesn't take away parented. So if, for example, grandmother acquired a child, arrangements ordered that the child lives with A it doesn't take away the fact that the child is still the child off. The mother and father, for example, indeed made in that situation will ordinarily retain their parental responsibility. We then looked at the second session at special guardianship, and we talked about the fact that as a special guardian, you would have elevated parental responsibility. But again, you wouldn't take away the parented. So the child is still regarded as a child off the mother and father in those circumstances. But adoption is very different. This is the most draconian order in terms of the most draconian impact upon certainly Article eight of the European Convention in terms of family life. And, of course, in appropriate cases, because adoption orders were made because they meet the child's best interests. Then, of course, they will be made. But if you then look at Section 67 subsection 15 of the act, it does say that as from the days that the child is adopted, Charlie Streets, as you thought they were born to the child born to be the child of the adopter adopters. So that gives Section 46 provides that adoption order, gives parental responsibility for a child exclusively to adopt your doctors and therefore takes it away from everybody else who may have parental responsibility for a child so you can see the significance of this order in there for why it's got to be the right order, not just for the child's minority, but indeed also throughout their life. Now there's two ways in which Children could be adopted. There's two routes to this. There's either parental consent or there isn't parental guardian consent or there is, it's it's going to be the one route or the other. So the first route is where you've got Section 19 of the Adoption Children Act of 2000 and two on. This is where you got parental consent on. This is where the local authority could then be authorized to place a child for adoption on. It's also possible for somebody in this situation to also consent by wherever the advanced consent, As we said other at the same time, it subsequently where they are, saying that not only in my consenting too much are being placed for adoption, but I'm also consenting to my child, actually being adopted as well in the future. That's to prevent a consent, which you imagine is not going to be the case in many cases because, of course, for many parents it would be heartbreaking, uh, to say, at least two consent. There chopping, adopted. But of course, in some situations it's very, very difficult decision to prepare to make. But in the circumstances they feel that it's the right decision to make in the circumstances, given their particular personal circumstances, that doing. But then, in many cases, there won't be the consent and therefore local authorities. If they feel that adoption is in that child's best interest, they would then be seeking to lodge what's called a placement application under Section 21 on This is where they would then be seeking for, in order for a placement order on the Section 21 of the act where the parents or the regardless, do not consent on. This is where they will be applied for placement order, and that placement order would then give the local authority the authority to place a child with prospective adopters. So that's where that comes in. So the placement orders have just said then is one which does does then give, uh, the adoption agency, the local authority. The authority to place a child would adoption with prospective adopters off their choice in that situation, shows and buy them by ensuring that they place in the most appropriate match. But before the court makes the replacement order, there are number of prerequisites which need to be matter before the court goes ahead on actually makes the order. Firstly, the child must be subject to a care order or the threshold criteria for the pips of care or supervision. Orders need to be met on the section 31 to all, the child must have no parent or legal guardian. So one of these criteria must be met on then. Secondly, in addition to that, the court also need to be satisfied that each of the parents in this situation has consented to chopping place for adoption. But as I mentioned this, you're not going to get in many cases on that they haven't withdrawn all. You've got a situation where the parents consensually dispense within that dispensation would be under section 52 of the Adoption and Children Act of 2000 and two. So that's the other route through which, with the placement order, couldn't be made on in that regard. This is where the approval by the local authority to even larger placement application would come from a senior manager, non us on agency decision making the A D. Emma's refer to them. And before he or she gives that approval, they would often want to take legal advice. They would wish to see the less so documentation from the social work team, as well as getting, uh, certainly, uh, information with the medical advisers to a child's medical health in coming to a decision as to whether or not to, uh, certainly approve for local authority to pursue a plan for adoption for the child. So there's quite a process through which one has to go through to to ensure that this is done on if the local authority are going to be lodging a placement application with the return and place the child for adoption, the paperwork that's lodged its first and foremost a form called the Form A 50 which the application form for placement order. Then subsequently, there's another form called an Annex B, who had 14.6 report, which is a very detailed report setting out what the assessments have been done of family of friends. Why the local off extended family members, the child's needs identified needs a very detailed background as to why the local authority of come to the decision that they have in which they are seeking, Ah plan for adoption. Therefore, that would need to be provided. One would also send the chance for length birth certificate on if one is seeking to dispense with parental consent. Then also another document known as a statement of facts, setting out the basis upon which one is in vices of court, dispense with parental consent and finally, the core face all of these documents. But then it to be far that court to unable to court, then to consider issuing this application with a view to than any placement application being determined thereafter in terms of the procedure. For this, a lot of the procedure in so faras adoption is concerned is contained within the part. 14 off the family procedurals, which covers application adoption, placement orders and also other related proceedings such as, for example, applications for contact associate it with applications for adoption. And this part of the family procedurals specifically covers the procedures running issue of proceedings, the service of necessary documentation on all sort of running off proceedings as well in so far as that is concerned, so you can see a number of issues there on in terms of the court, then deciding whether to make the order or not. One of the leading authorities over the last few years has been this case of re be many of you will be familiar with this case re be The Supreme Court decision on this case in June 2013 look specifically at plans for adoption and was several references in the Supreme Court decision to the effect that when one is looking at adoption and potentially such an adoption order being made, which of course severs the legal relationship between the child and the parent. Then, of course, one has to ensure that detest, for that is a very strict one on one way only in exceptional circumstances. It should be made when nothing else will do so. Therefore, in deciding whether or not the charge should be made subject to on adoption order, not the court need to be satisfied that this is the right order in the circumstances where nothing else will do and when all else fails, on. Therefore, by applying the welfare check list under the adoption, Children after corners be satisfied that this is indeed the right order in the particular circumstances off the case. On in particular, you can see a paragraph 145 Lady Hell said that we all agree that cork and only separate a child from parents who satisfied that's necessary to do so when nothing else will do so you can see some very important points raised in that case. Andi. Finally, uh, there's of course case law, which has looked at the difference between adoption and special guardianship, which should be the right order. And, as I mentioned in the second session in deciding which order to be made, whether it's SG, whether it's charred arrangements, similarly, one has to look at whether it's a child. Arrangements order. Special constable adoption It often comes down to toe. What level does one need to exercise parental responsibility? That's very much what it comes down to. Is there need for heightened parental responsibility here because of the potential risk to a child in the circumstances? So this is where the case of a J, for example, which involved a family member and aunt who's seeking to become um, adopted in that situation. The court in fact, decided to make a special guard ship because of the risk off affecting the family dynamics in that situation, if the child became subject to an adoption order in those circumstances, so one has to then balance up what the potential risk is, what the arguments are for and against adoption versus special guard ship versus child arrangements. And if on the facts of the case, the court is satisfied that a child's best interests would be best served by making adoption order where nothing else will do when all else fails. Then, of course, that's where one would then be looking at making the adoption order in this later case of M W. And a cancel in 2014 very much emphasizes that so you can see some of the key things to bear in mind that therefore, when you're looking at these orders, it's a question of applying effectively. A balance sheet approach with what you need to do is look at the arguments for charter arrangements, what the arguments for and against looking at special guardianship arguments, one against looking at adoption on looking to see which one best matches meeting the child's needs under particular effects off that case because no decision. Fits all. Of course, you do need to look at the particular facts and circumstances off each case. Okay? Can I thank you very much indeed for listening. I hope that's been a use for three sessions for you in terms of looking at the differences. Similarities between adoption, special guardianship on child arrangements. Can I thank you very much indeed for listening. I'll speak to you next time. Thank you. Bye for now by that
Webinar
Slides
3089 Users
170 Courses
156 Reviews
