Adoption Support

1. Assessments of need for adoption support services at the stage of approval of the plan of adoption should be carried out by the Child's Social Worker and incorporated as applicable within the Child Permanence Report and Assessment of Child's Needs and Assessment of Child's Relatives Needs forms in preparation for Adoption Panel (in relinquished child cases only) and / or Agency Decision;
2. Assessments of need for adoption support services at the stage of Adoption Panel and Agency Decision Maker approval of the suitability of adopters to adopt, should be carried out by the Adoption Social Worker and incorporated within the Prospective Adopters Report / Assessment of Prospective Adopters Needs forms;
3. Assessments of need for adoption support services at the stage of consideration of a proposed adoptive match between adopters and a child should be considered by the Child's Social Worker and Adoption Social Worker at the Matching Meeting and integrated into the Regulation 31 Adoption Placement Report (APR). An Adoption Manager will make a decision as to whether any additional separate assessment report should be completed and submitted. The Adoption Panel must consider and may give advice on the proposed adoption support and this advice will be considered by the Agency Decision Maker, before making a final recommendations to the agency on the contents of the Adoption Support Plan - see Placement for Adoption Procedure;
4. If following a LAC or Adoption Review it is recommended that an updated adoption support needs assessment is needed, any updated assessment will be completed by the Adoption Social Worker and sent to the relevant Adoption Manager for approval, the adopters and the child's Social Worker and should be shared with the IRO and LAC team;
5. Requests for assessment of support needs, where an NYCC child is placed for adoption with prospective adopters, will usually be allocated to the Adoption Social Worker for the prospective adopters if the child is placed with NYCC adopters or the Family Finding Social Worker if the NYCC child is placed out of the local authority area;
6. If a child from outside of NYCC is placed with NYCC adopters, then the child's Local Authority will complete any assessment and share this with NYCC. Three years after the granting of an Adoption Order the child placed will become NYCC's responsibility for assessment of need for support services. Where the three years is about to cease for any non NYCC child who is receiving support from their placing authority there should be a formal request to transfer the case. This is usually the Child's Social Worker through the duty system. A transfer meeting will be held and case records shared including an up to date assessment and plan of support needs. A file for the child will be created on LCS.

Requests for post adoption order adoption support services

A. Agency adoption - under three years since adoption order was made

1. NYCC child placed with NYCC adopters living within NYCC area – any request for assessment of adoption support needs will be allocated to an NYCC Adoption Social Worker;
2. NYCC child placed out of local authority area i.e. not living within the NYCC area– any request for assessment of adoption support needs will be allocated to an NYCC Adoption Social Worker. The Social Worker should consult with local services to the family to ascertain the local support available to inform their assessment and plan;
3. Other local authority places child with NYCC adopters within NYCC area – any request for assessment of adoption support needs will be the responsibility of the local authority that placed the child.

B. Agency adoption over three years since the adoption order was made

1. NYCC child placed with NYCC adopters living within the NYCC area – any request for assessment of adoption support needs will be allocated to an NYCC Adoption Social Worker;
2. NYCC child placed out of the local authority area – any request for assessment for adoption support services will be the responsibility of the local authority in which the adopters and child live (except in the case of any financial support which was agreed by the placing local authority prior to the final adoption order being made);
3. Other local authority places child with NYCC adopters – any request for assessment of adoption support needs will be allocated to NYCC except if the request relates to financial support which was agreed by the placing local authority prior to the making of the final adoption order.

The allocated assessing Social Worker in all instances will be responsible for gathering the required information and completing the assessment including checking eligibility for services and ensuring that any required approval processes are completed (including referral to the NYCC Family and Friends Panel if required) They will need to see the child and include their views in the assessment if age appropriate.

An adopted person over the age of 18 will need to give their consent for any assessment to be completed including if this is linked to a request for The Adoption and Special Guardianship Support Fund (ASGSF) or a request for ongoing post 18 financial support. If the adult requires an assessment of need this would be undertaken by adult services if not linked to ASF or finance.

The assessment should take no longer than 40 working days to complete. The assessment must be sent to the adoptive parents of the child or the adult if over 18 for their views and signatures.

An assessment will not be required before providing advice and information.

Where an assessment is carried out as a result of a request (rather than at one of the stages of the pre-adoption order processes), a written report of the assessment should be produced and agreed by a manager within the Adoption Service.

A copy of the assessment report, once approved, should be sent to the person assessed with notice of the outcome of the assessment, which should state:

1. The person's assessed needs for support;
2. Whether the local authority proposes to provide adoption support services and if so, what the proposed services are;
3. Where the assessment relates to the need for financial support, how the financial assessment will be completed and the timescale for this and how any outcome shared (see Section 9, Financial Support);
4. The assessment report should also be sent with a notification letter.

Where the person assessed is a child, and it is not appropriate to send the notice to the child, notices should be sent to the adoptive parent or the most appropriate adult.

Where services are proposed to be offered, a draft Adoption Support Plan should usually be attached to the notice and those assessed should be allowed time to consider and make representations on the proposal as set out in Section 8, The Adoption Support Plan. A signed plan should be held on file and reviewed. The Team Manager has responsibility for signing off any support plan. The plan should cover goal based outcomes and how we are going to measure success.

Where the service proposed is one-off a plan should always still be completed with clear outcomes of any intended service.

Note: Additional eligibility criteria and specific considerations apply in respect of assessing any financial support needs (see Section 9, Financial Support).

An Adoption Support Plan should set out clearly:

1. The objectives of the plan and the key services to be provided;
2. The timescales for achieving the plan;
3. Those responsible for implementing the plan and the respective roles of others; what should be provided, when and by whom;
4. The criteria that will be used to evaluate the success of the plan;
5. The procedures that will be put in place to review the services to be provided and the plan.

The Adoption Support Plan will need to be completed after consultation with the appropriate Health Trust, CYPMHS or education service where any special arrangements may need to be made. Where the child is placed in the area of another local authority, the agencies in that authority's area will need to be consulted as to what services may be available for the adopters and the adopted children. In these circumstances, the prospective adopters should be assisted with any cross-boundary issues that may arise.

If there are additional financial requests over the sum of £600 any such requests would need to go to family friends panel with an updated assessment and a panel request form for consideration (see Section 9, Financial Support).

Assessment, together with the Adoption Support Plan will clearly outline Goal Based Outcome measures for any recommended support to be offered. These will be done working with the family – both parents and child to ascertain what their own goals are that are to be achieved through any work provided.

Once a proposed Adoption Support Plan has the approval of an Adoption Manager a copy should be sent to the proposed recipients of the support.

The recipients of the proposed support should be given 10 working days to consider the proposals and make representations to the local authority about the proposed plan. Any representations made should be considered by the Adoption Manager, who may amend the draft plan as appropriate and inform the recipients of the outcome of his or her consideration.

In relation to proposed agency adoptive placements, the proposed Adoption Support Plan will be submitted to the Adoption Panel when the proposed placement of a child with prospective adopters is recommended. The Adoption Support Plan will be considered by Panel and Agency Decision Maker and the final support plan will be approved by the Team Manager, taking into account any advice given by the Adoption Panel and Agency Decision Maker. See Placement for Adoption Procedure.

In relation to other situations in which adoption support is proposed, the Adoption Support Plan will be approved by the Designated Manager (Adoption Support).

Post Adoption Order, any proposed adoption support plan must be considered by the Team Manager for a final decision except in the case of any financial support requests which may need to be submitted to the Family and Friends Panel for a decision (see Section 9, Financial Support).

In relation to any other situations in which adoption support is proposed, the Adoption Support Plan must be considered by an Adoption Service Manager for approval.

A copy of the final plan should be discussed with all those involved in implementing it, and to the recipients of services (or appropriate adult). Where the child has an Independent Reviewing Officer, a copy should be sent to him or her.

An Adoption review will be held within the timescales set by statutory guidance. Where adoption support is in place prior to an Adoption Order, the Adoption Support Plan will be discussed at the Adoption Reviews of the placement - see Adoption Reviews Procedure - or at any time if there is a significant change of circumstances an early review maybe convened.

After the Adoption Order has been made, the Adoption Support Plan will be reviewed if a change in circumstances is brought to the attention of the Local Authority. An Adoption Team Manager will decide on the format and content of any such review, which will depend on the circumstances of the case. It may refer to only one element of the Plan or be relatively minor in which case an exchange of correspondence may be sufficient. (For annual reviews of financial support, see Section 9.7, Annual Review of Support).

Where the change of circumstances is substantial, such as a serious change in the behaviour of the child, it may be appropriate to update the assessment of needs involving other parties.

If as a result of a review, whether before or after an Adoption Order has been made, it is proposed to vary or terminate the support, the proposed change must be referred to the Team Manager for approval.

Once approved, the person concerned must be notified of the proposed change, together with a copy of the revised Adoption Support Plan in draft. He or she must then be given 10 working days to make representations on the proposals.

Any representations as to the contents of the Adoption Support Plan should be submitted to the Team Manager for consideration in the first instance. Any requests for significant changes to the Adoption Support Plan must be referred to the Adoption Service Manager who will consider the appropriate mechanism for processing any challenge to the plan such as further assessment / referral to the Family and Friends Panel / Financial Appeals Panel or through customer complaints. Any such representations should be submitted to the Team Manager whose decision as to the final contents of the revised Adoption Support Plan should take into account any representations made. The Team Manager should refer any requests for significant changes to the Service Manager for consideration.

Notice of the decision must then be sent to the person concerned with reasons and, where appropriate, a copy of the revised plan.

Where there is an urgent need for support, the support can be provided before a Plan is drawn up but the above procedure should then be followed as soon as possible. The Adoption Manager will discuss such a situation with the Adoption Service Manager.

Financial support is discretionary and is not an automatic entitlement.

Financial support is intended to supplement existing means of support available to adoptive parents and the child or children being adopted and where the eligibility criteria are met and there is an assessed need. Adopters must be signposted by the Adoption Social Worker to information regarding any potential entitlements persons requesting financial support may have in relation to employee's rights to leave and pay, benefits, tax credits and any other external means of financial support. NYCC expects all adopters to apply for all entitlements, benefits, tax credits and allowances they may be able to claim in their own right or in respect of the child prior to making any application for financial support from NYCC. NYCC can assist adopters with a referral to the NYCC benefits adviser if required to assist with this.

Adopters must bear in mind that the local authority can include terms and conditions to the payment of financial support, including that any regular payments will be subject to at least annual reviews, that financial policies, payments and means testing models can be subject to review and change as a result of changes to NYCC policy and guidance, to the law and as a result of any relevant changes in the circumstances of the child and adopters. The information provided in this policy is therefore, not intended to offer any guarantee as to the payment or continuation of payment of any financial support.

The potential need for financial support is a matter which will be considered as part of the overall adoption support assessment and plan as set out above in paragraphs 4, 7 and 8 above. If the potential need for financial support is identified within any assessment for adoption support services, additional specific considerations apply in terms of eligibility for financial support and how any such support is to be processed / considered.

Eligibility for discretionary financial support may depend upon which local authority has responsibility for assessing and paying the financial support (see para. 5 and 6 above); the type of adoption it is (e.g. whether it is an agency / non agency adoption, intercountry adoption etc. (see table in para.3 above and para.10 below) and the local authority assessment of need. It is important to note that financial support policies may differ across different local authorities / adoption agencies and different local authorities / agencies may impose different terms and conditions in relation to any financial support offered. Adopters should always discuss any financial support requests with the allocated Adoption Social Worker in the first instance.

The circumstances in which provision of financial support may be payable are as follows*:

1. Where it is necessary to ensure that adoptive parents can look after a child;
2. Where the child needs special care which requires a greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse and neglect;
3. Where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of the age or ethnic origin of the child or the desirability of the child being placed with siblings or a child with whom he/she has previously shared a home;
4. Where such support is to meet the recurring costs of travel for visits for the child to members of the birth family/significant others;
5. Where the local authority considers it appropriate to contribute towards expenditure on legal costs, including Court fees or expenses associated with the child's introduction to adoptive parents or expenditure necessary for accommodating or looking after the child (e.g. adaptations to the home, furniture, clothing or transport).

_{* Reg.8 Adoption Support Services Regulations 2005}

The words in bold are highlighted to emphasise that financial support is discretionary and is only payable in those cases where NYCC has assessed and agreed that it is necessary / there is an identified need. Financial support can be payable subject to certain conditions being met. Whilst adopters may conclude that some particular types and levels of assistance would be desirable to meet their estimate of what the child needs, the local authority has to consider the needs of many children and with limited resources and in compliance with the Guidance given by Central Government.

Payment of financial support to adoptive parents may be made in the following ways:

• Periodical / regular payments – such as an adoption "allowance" which will be based upon the developmental age of the child and is currently means tested in accordance with the Department for Education standard means testing model. Regular payments will be subject to at least annual review or whenever there is a notifiable change in circumstances and may be subject to conditions;
• Lump sum or single payments (this may include in some cases settling in costs, special needs and adaptations if required as a consequence of assessment of each child's specific / individual needs). Payment of any lump sum may be as a "one off" or may be in instalments and may be subject to conditions;
• Payments in certain specified circumstances (for example, a child with additional needs; where foster carers adopt a child for whom they are already caring; or where adopters incur legal expenses in contested cases). Payment may be in instalments, may be subject to conditions and may be subject to reviews.

Financial support cannot generally include the "reward" element which may be payable to foster carers and neither will payments be made so as to provide an income for caring for the child or as a substitute for other allowances, benefits and entitlements that the adopters and / or child may be entitled to claim. However, see para.9.5 below, payments may be paid above the usual level where it is regarded as necessary to ease the transition from foster care to adoption in cases where a foster carer is seeking to adopt a child in their care. Generally, such additional payments can be paid for a transitional period of two years although in exceptional circumstances, additional payments may be paid for a longer period.

All requests for financial support should be referred to the Adoption Service Manager in the first instance who will consider the draft adoption support plan and whether any further assessment / information must be obtained and will consider the eligibility criteria (see also specific considerations in para.s 9.5 and 9.6 below). Where a family live in North Yorkshire but they did not adopt a child from North Yorkshire they should contact the placing authority in the first instance to request a financial support assessment and discuss their eligibility criteria.

a. Requests for Regular Financial Support Payments

In relation to regular financial support requests, the amount to be paid to adoptive parents may be determined by an assessment of their means. The means test will take account of the adopters' income and resources (excluding their home), reasonable outgoings and commitments, and the financial needs and resources of the child (currently the mean test model used by NYCC is the Department of Education Standard Means test model – N.B. as stated above the means testing model used may be subject to revision and change).

Any request or potential request for any kind of regular adoption financial support identified as being required within the adoption support assessment should be referred in the first instance to the NYCC Adoption Service Manager for gatekeeping and quality control. The Adoption Service Manager will consider the proposed adoption support plan, the adoption support assessment, eligibility for support criteria (including whether or not any other local authority may responsible for payment of any financial support) and consider whether any further information / assessment needs to be obtained or completed before the request is processed further.

In the case of an NYCC child placed with NYCC adopters prior to an final adoption order being granted, the Adoption Service Manager will determine whether it is appropriate for the adopters to be referred to NYCC Finance Department (business support) to complete a financial assessment form in order for a provisional or final means testing assessment to be undertaken or whether further information / assessment is required. If the adopters are referred to the NYCC Finance Department for completion of a means test, the outcome of any such assessment completed by Finance is to be notified to the Adoption Service Manager for final approval before any payment is made / commences and before the final adoption support plan is authorised.

In cases where the request for regular financial support is for a non NYCC child the Adoption Service Manager will consider eligibility for support and whether the request for financial support needs to be referred back to the placing local authority and will liaise if appropriate with the other local authority (where the adoption order was made less than three years previously).

For all other requests for regular financial support (including in respect of non NYCC adopters or children who have moved into the NYCC local area and who have made a new request for financial support more than three years since the adoption order was made, or for any requests for payment of financial support for a child who is 18 or over) the Adoption Service Manager will consider whether the request is eligible to be referred to the NYCC Family and Friends Panel in accordance with the NYCC Family and Friends Policy and terms of reference. All potential requests to the Family and Friends Panel must be also brought to the attention of the NYCC Head of Child Placement, Children and Families for gatekeeping and quality assurance purposes prior to any final request being formally submitted to the panel.

If it is determined that a regular payment of financial support / allowance is to be provided by NYCC it should:

• Be no greater than the equivalent age-related fostering maintenance;
• Not include any reward element;
• Take into account the financial resources of the holder of the order applicant / adopter - including any benefits arising from the child living with them (e.g. child benefit, tax credits, income support payments) or that has been claimed for the child. This would include financial contributions provided from the birth parents or other family members to meet the child's needs;
• Take into account the financial resources of the child/young person - excluding mobility and attendance allowance and Disability Living Allowance.

b. Requests for Lump Sum Payments

The local authority has a discretion to consider lump sum payments to meet specific costs where there is an identified and assessed need. Any such requests must be referred to the Adoption Service Manager for consideration (including as to whether any further information or assessment is required) and approval prior to any payment being made.

• Support costs to placement up to the value of £600; and/or
• One off payments up to the value of £600;
• One off payments to fund training for adopters up to the value of £250;
• One off accommodation fees for the Introductions period at the point of placement.

Adoption Team managers can approve the following costs:

• Court fee for the costs of application for Adoption Order (A58);
• Setting up costs £350.

Support provided to assist with legal costs or expenses associated with the child's introduction to the placement will not be subject to an assessment of means. Any request for legal expenses or costs associated with any application for leave to oppose the adoption or a contested final adoption must be referred to Head of Child Placement via the Adoption Service Manager.

Any requests in excess of the limits / matters included above must be referred to the NYCC Family and Friends Panel.

c. Requests for other Specific Payments

Any requests for specific payments over and above the limits / matters listed in paras a. or b. above must be referred to the Adoption Service Manager to consider eligibility for the support requested, whether any further information or assessment is required and whether or not the matter must be referred to the NYCC Family and Friends Panel.

Where the adopter previously fostered the child they are adopting, and they received remuneration in the financial support paid to them as the child's foster parent, the local authority will continue to pay remuneration for a transitional period of two years from the date of the adoption order.

For Early Permanence Carers they will be paid a fostering allowance from the date the child is placed until the placement becomes an adoptive placement. Fostering payments will transfer to an adoption allowance if carers are entitled to one. Any overpayments will be recovered by the authority.

NYCC has no duty to undertake any assessments or to consider financial support for non-agency (commonly step-parent / partner adoptions or cases where a local authority was not involved in the placement of the child with the prospective adopters / applicants see table in para.3 above) any case of non-agency adoptions who require support any referral will need to be made via the Children and Families MAST team who will contact the Adoption Service Manager to make a decision as to whether an assessment is needed. Such cases may be referred to the local authority's universal services.

Should an adopter make such request, they will be asked to explain why they believe that they may need support and qualify under the Adoption Support Regulation 8 (see agency adoption eligibility criteria). Consideration will be given by the relevant Senior Manager as to the potential impact on the welfare of the child if support is not given, whether any further information or assessment is required and whether or not the matter needs to be referred to the relevant Head of Service or for the matter to be referred to the Family and Friends Panel.

Children adopted from abroad are entitled to be assessed for therapeutic services and disruption support. NYCC is not required to consider financial support for such adoptions.

The adopters will be sent written confirmation of any decision to provide financial support. For cases who have been considered by the Family Friends Panel the outcome will be shared verbally and in writing with the family. This will include the amount and terms of the support and information about annual reviews.

The decision to provide an allowance should be made in writing to the prospective adopter / person(s) holding the Adoption Order and should include the following:

• The reasons for the decision;
• The amount of allowance to be provided;
• The purpose of the allowance;
• The point from which the allowance commences and date of the first payment;
• The method and frequency of payment;
• The arrangements for review, variation and termination of the allowance;
• The responsibility of the recipient of the allowance to notify the local authority of any changes in circumstances (including financial) or those of the child;
• Agreement to repay overpayments arising from in correct information being provided by the carer or a failure to notify a relevant change of circumstances promptly.

Financial support payable by NYCC is subject to terms and conditions and further conditions may be imposed in individual case / circumstances. Adopters will be required to immediately inform North Yorkshire Council if any of the following circumstances arise, which may mean that NYCC has to re-assess, vary or terminate any financial support payable:

• If the child ceases to live with them;
• If either or both of the adopters and / or child move address (including in situations where the adopters separate / divorce) so that NYCC can continue to issue payments to the correct address, and also because there may be a need to reassess the level of allowance;
• If the child dies;
• If there is any change in the adopters' financial circumstances or in the child's financial circumstances or resources, including (but not limited to) any changes to benefits entitlements, employment / pay, health issues arising leading to extra expenditure or improvements in health, divorce or separation, death of one of the adopters, inheritance.

Any information provided orally must be confirmed in writing to NYCC within 7 days.

NYCC will seek to recoup / recover any financial support which has been overpaid and may seek to do so by deductions from any regular payments being made by NYCC.

Adoptive parents must also agree to complete and supply the authority with an annual statement of their circumstances for the annual review.

The adopters should specify the following in the statement:

1. Their financial circumstances;
2. The financial needs and resources of the child or children;
3. Their home address and whether or not the child or children live at home with them;
4. If there have been any changes to their own or the child/children's circumstances.

The Adoption Service will carry out a review of the financial support at least annually (earlier, if NYCC becomes aware of any change in circumstances, or it was a condition of the payments that a review is undertaken earlier) These should be sent to the Adoption Service Manager for consideration. Any proposed variation or termination of the financial support must be notified to the person(s) concerned and dealt with by the Adoption Service in accordance with the procedure set out in Section 8, The Adoption Support Plan. Any decision to vary or terminate should also consider whether it is appropriate to seek to recover all or any of the financial support already paid. The outcome of any review will be shared with the Adoption Service Manager for their consideration.

Should adoptive parents fail to supply an annual statement, the authority must send a written reminder and give 28 days to comply. If they fail to comply, the authority may suspend payment of the financial support provided.

N.B a review of financial support does not mean that the financial support will continue to be paid if the financial support ceases to be payable because it is terminated for one of the reasons specified in para.9.10 below. NYCC will seek to recoup / recover any amounts overpaid.

Financial support will be terminated:

• If the child ceases to have a permanent home with the adopters;
• When the child commences employment or qualifies for a place on a Government Training Scheme;
• If the child qualifies for income support or Job Seekers Allowance in his/her own right;
• When any predetermined period expires (where this was a condition of the payment that it would continue only for a specified period);
• When the child reaches the age of 18 assuming none of the other conditions set out have been met unless he/she continues in full time education when it may continue until the end of the course he/she is then undertaking.*

_{* This is not an automatic entitlement, would require an assessment and referral of the request to the Family and Friends Panel.}