Relinquished Children

Initial counselling visits should be undertaken as promptly as possible following the referral by the allocated child's social worker and the adoption social worker. These visits may be pre-birth and / or post birth depending on the timing of the referral. Initial visits will need to include discussions about the issues and implications adoption brings for both the parent/guardian, wider family and the child. If the visits are pre-birth, discussions will need to include consideration of any birth plan / arrangements to be made at any hospital for the procedure post-birth and any plans for placement of the child. It is likely that a number of follow up visits will need to be made but, as the level of engagement / co-operation of the parent / guardian may diminish / be withdrawn, the allocated social workers will need to be alert to gain as much information as possible during early visits.

No assurance / promises should be offered to a parent / guardian that notice of the birth of the child or of the proposed plan of adoption will be withheld from the father and/or extended family members. In any cases where an issue arises as to whether or not any other persons should be informed of the birth of the child or proposed plan of adoption, the local authority is likely to have to consider whether an application needs to be made to court for further consideration of the issue (see below).

The receiving Team will ordinarily complete a single assessment and will undertake a number of visits to cover the matters outlined below.

Matters to cover during visits / counselling:

3.2.1 Information Gathering

• The reason(s) why the parent/guardian is seeking to place the child for adoption;
• The parent(s) /guardian's general situation and circumstances and how these may be impacting upon their wish to progress a plan of adoption;
• Any communication requirements or difficulties the parent / guardian may have including as a result of any physical or learning disability, literacy skills, any language / cultural barriers, any mental health issues / difficulties and whether they may be impacting upon their decision making / competence (see Section 5, Consent and Competency regarding competency issues);
• Any relevant cultural issues / concerns that may be impacting upon their decision making;
• The position of child's biological / putative father including:
  1. Whether his identity is known to the mother and whether she will disclose his identity voluntarily to the local authority;
  2. Where the father's identity is known - gathering information about him and his wider family members including contact details;
  3. Where the father's identity is not known or is not disclosed, whether there are any steps the local authority could reasonably take to trace / identify the putative father with or without the consent of the mother e.g. D.N.A testing;
  4. Parental responsibility. Will the biological father acquire or have parental responsibility when the child is born e.g. by registration on the birth certificate, marriage, declaration or order?
  5. Whether there are likely to be any paternity or parental responsibility issues following the birth (for example where the mother's husband by marriage is not believed to be the biological father);
  6. If the parent / guardian is stating that they do not wish any father / putative father to be informed of the child's existence / plan for adoption, the reasons for this and any alleged / known risks / concerns associated with them being informed. *
• The position in relation to the wider birth family (maternal, paternal and any potential siblings) including:
  1. Their identity and whether the mother / father will disclose their identity voluntarily to the local authority;
  2. Where the identity of wider birth family members is known and any person with parental responsibility has consented to sharing of information or allow contact with them, gathering information (including contact details) about them and whether or not they may be in a position to offer support or to care for the child;
  3. If the parent / guardian is stating that they do not wish all / some family members to be informed of the child's existence / plan for adoption any reasons for this and any alleged / known risks / concerns associated with them being so informed. *
• The child's social worker will need to prepare a genogram for the child;
• Consider any confidentiality issues that may arise especially if the mother does not wish to disclose the existence of the child / plan of adoption to the putative father or any family members and in cases where the local authority does not yet have parental responsibility for the child; *
• Identify any immigration issues; *
• Identify any other issues that may appear to the allocated workers to be relevant including whether there are any concerns / risks that may lead the local authority to conclude that the consensual route is not appropriate and whether there are any grounds to issue any other form of legal proceedings such as an Emergency Protection Order, application for a Care / Placement order or making a referral to any other services / agencies. *

See also Section 4, The Birth Father and Wider Family.

* Allocated workers should always seek specific legal advice from the NYCC legal services department at the earliest opportunity on these matters.

3.2.2 Providing Information about the Options and Alternatives to Adoption

Allocated workers must ensure that the parent(s) /guardian has considered and been given information about all of the potential options in relation to caring for the child and potential alternatives to adoption and must seek to ensure that they have considered the impact of adoption upon them, their child and wider family including:

• Exploring the possibility of child remaining with the parent/guardian, with referral to any appropriate support services including provision of any appropriate support available from the local authority, father / wider family and other agencies e.g. health services;
• Whether the baby and mother could be accommodated with foster carers to provide training and support to care for the baby and mother to help her overcome her anxiety and develop her parenting skills and confidence so that she is able to care for the child;
• Short-term foster care or respite care with the father or other family members, with the aim of returning the child with support;
• Long-term placement away from the parent / guardian in a placement or arrangement other than adoption such as long term placement with the child's father, other wider family member(s) or other connected person (supported by an appropriate legal order if required);
• Placement for adoption.

Important note: As set out above, the allocated workers must discuss with the parent(s)/guardian the likely views of the biological father and extended family members (grandparents, siblings etc.) of the various options and the potential consequences impact of disclosing / not disclosing the existence of the child and or / plan of adoption to them.

3.2.3 Information About the Adoption Process

Counselling the parent(s) should include providing key information about the adoption process and the legal requirements. Matters to cover:

• Providing consent to adoption is a formal legal process requiring all persons with parental responsibility to sign forms which are witnessed by a reporting officer appointed by Cafcass. Consent for the child to be placed for adoption (Section 19, Adoption and Children Act 2002 (ACA 2002)). Consent for the child to be adopted (Section 20, ACA 2002);
• Formal legal consents to adoption can only be given if the child is six weeks old or older (section 53(2), ACA 2002). If the baby is younger than six weeks old, the parent(s) can give  consent for the child to be placed for adoption and for the child to be voluntarily accommodated by the local authority pursuant to section 20 Children Act 1989 until the child is six weeks old but that but formal legal consent must be given after the baby turns six weeks old (Sandwell MBC v GC and others [2008] EWHC 2555 (Fam)). Formal written consents to the adoption under section 19 and section 20 ACA 2002 are required from every person with parental responsibility (PR) for the child;
• The legal consequences of consenting to a placement for adoption (Section 19 ACA 2002); and advance consent to a future adoption order (Section 20 ACA 2002); including the option of indicating they do not want to be involved in future proceedings once Sections 19 and 20 have been completed;
• The role of Cafcass in ensuring any consent to placement for adoption and advance consent to the making of an adoption order is provided unconditionally and that they have a full understanding of adoption;
• If the child is to be placed with Early Permanence carers they must be told of the implications of such a placement, parents must be given written notification of the intention to place the child in an E.P placement and the Agency Decision Maker must approve the E.P placement for the child;
• That the local authority will need to consider any views of the parent(s) concerning informing any other persons (including any father or wider birth family members) regarding the proposed plan of adoption and the local authority will need to consider whether it believes it is in the interests of the child for any other persons to be notified or consulted about the plan for adoption or to be assessed as potential alternative carers for the child. Where such issues arise the local authority will need to consider whether it should make an application to court for a direction under the Part 19 of the Family Procedure Rules 2010 or for any other application or order. The court may direct the local authority to inform / consult or assess other persons in connection with the permanence plans for the child;
• Contact issues including any contact plans for when the child is placed with carers initially, when the child has been placed for adoption and post adoption order;
• The need for the Local Authority to provide a 'Later Life Letter' and 'Life Story Book' for the child and to seek to involve the parent(s) in assisting with this (providing information, photos etc.);
• An understanding from the parent of any known health issues/family medical history within their family that might be relevant to the child - both physical, mental and emotional;
• Information about progressing the plan of adoption including completing the Child Permanence Report, Adoption panel recommendation and Agency Decision to approve the plan of adoption and the adoptive match and the application for a final adoption order;
• Whether the parent(s) want to be involved in discussions regarding the matching process and whether they would be interested in meeting with any prospective adopters;
• Information about the rights of the child to obtain information about their birth parents once they reach 18 years and the possible implications of this for them as the parent;
• The availability (providing details) of independent adoption counselling, information and support to the parent(s) and their family and how to access it;
• Provision of or signposting to written information about the adoption process and support where possible;
• Information regarding the parent(s) options in relation to withdrawing consent to adoption at the various stages of the process should they wish to do so;
• That the final decision as to whether or not a plan of adoption is required in the welfare interests of the child throughout their life is made by the court after consideration of the all of the realistic alternatives to adoption.

A father with PR for the child has equal rights to the mother and the same obligations to counsel and inform him and to consider the position of wider paternal family members (as set out in paragraph 3 above) apply equally to him as do the required legal consents and involvement in the adoption process.

Where the identity of a father without parental responsibility is known to the local authority, even though the father without P.R may not be legally required to provide formal consent to any adoption, the local authority nonetheless should give active consideration as to whether or not it would be in the child's welfare interests throughout their life to consult with the father (and potentially also any wider family members) and seek their views. If it determined that it would be in the child's welfare interests and she consents to the sharing of information for these purposes, he should be so informed and consulted. His and the mother's consent should be sought in relation to discussing the plan of adoption with any wider family members if it is in the child's welfare interests to do so. The local authority should also ascertain whether the father will be seeking to acquire parental responsibility.

Where the identity of the father without parental responsibility is known to the local authority but the mother objects to him (or any  wider  family members) being informed about the existence of the child / or about the proposed plan of adoption the allocated workers are advised to contact legal services. Legal advice will be required so that consideration can be given as to whether it would be appropriate in the child's welfare interests for any such persons to be informed and whether or not any application should be made to court under Part 19 Family Procedure Rules 2010 and following the guidance in case law.

In making this decision, factors to be balanced include:

• The nature of the child's relationship with the father;
• The nature and extent of the father's relationship with the child's mother and any siblings of the child;
• The likelihood of a family placement being a realistic alternative to adoption;
• Whether it would be contrary to Article 8 (Right to family life) of the European Convention on Human Rights to prevent disclosure of the birth of a child to a child's father;
• The mother's wishes for the child;
• The mother's right to confidentiality;
• The physical, psychological or social impact on the mother or on others of notification being given;
• Cultural and religious factors;
• The avoidance of unnecessary delay. The High Court in A Local Authority v JK & Anor [2021] EWHC 33 stated that '…absent good reason to the contrary, a non-notification application should ordinarily be brought within a matter of weeks of the birth, rather than months';
• The need for the adoption agency to explain carefully and sensitively to the mother every staging post of the proposed adoption process and the non-notification procedure, setting out the competing factors and considerations;
• Any other relevant matters must be considered.

The Court of Appeal in A, B And C (Adoption: Notification of Fathers And Relatives) [2020] EWCA Civ 41 (29 January 2020) (bailii.org) stated that:

'While the mother's right to confidentiality is important it is not absolute. The presence or absence of family life is an important, though not a decisive, feature and where it exists strong countervailing factors are required to justify withholding knowledge of the existence of the child and the proceedings. The tenor of the [previous] authorities is that in most cases notification will be appropriate, and the absence of notification will be the exception; but each case will in the end depend on its facts'.

The allocated workers should seek legal advice regarding any further steps that can be taken to trace and identify any father and whether any court applications need to be considered.

The mother must not be coerced into identifying the birth father.

Where a birth father acquires PR and the mother has already consented to adoption, and the child has been placed for adoption, (under Section 19, Adoption and Children Act 2002), it is considered that the father has also consented to the placement for adoption. However, the birth father can then withdraw his consent, provided he does so before an application has been made to court for an Adoption Order.

However, where the Local Authority wish to continue with the adoptive placement, a placement application order must be applied for. (Note: where the placement application is before the court, there is no obligation for the Local Authority to return the child to either parent).

See: Court Reports in Placement Order Applications and in Adoption/Special Guardianship Guidance, Placement Order Application.

Following any pre-birth counselling / initial visits, as stated above, placement decisions regarding the child will need to be made at the earliest opportunity and the appropriate arrangements will need to be made to facilitate immediate placement following the birth. There are three main initial placement options, placement with local authority approved foster carers; placement with approved adopters who are also approved as temporary foster carers for the child (an Early Permanence (EP) Placement) and direct placement with approved adopters where the parents have signed a specific agreement consenting to this. The latter option is unlikely to be pursued in most cases given the potential for an EP placement as an alternative. The child's social will need to seek early legal advice and to liaise with the adoption team and / or fostering team regarding the most appropriate placement to meet the child's needs. The allocated social workers will need to ensure that if the decision is made to seek approval of an EP placement that arrangements are made with the Adoption Administration to book an EP Agency Decision Maker Meeting and the appropriate EP paperwork will need to be completed jointly by the child's social worker and adoption social worker.

The allocated workers will need to ensure (with the consent of the birth parent (s)) that appropriate arrangements have been made with the hospital where the child is due to be delivered including consideration of notifying the allocated workers when the child is born, the birthing plan and the parent(s) wishes regarding any post birth contact. Parent(s) should be encouraged to consider whether they would wish to be informed of the sex of the child, whether they wish to see and care for the child before they are discharged and whether they wish to name the child. Registration of the child's birth will need to be discussed including whether the parents would wish to do this themselves and whether the name of any father is to be registered on the birth certificate.

Once the child has been born and subject to the mother and child being medically fit and well, the child's social worker will need to liaise with the parent(s) and hospital regarding discharge of the baby and being accommodated by the local authority.

It should also be considered that this is the point at which the child's Life Story Book starts, and can provide an opportunity to collate detail and (with permission) photos for the child's Life Story Book.

Following the birth, the child's social worker should:

• Provide the maternity unit with the foster carer's or EP carers details and the proposed GP details for the child;
• Ensure the CoramBAAF medical Forms M and B are completed by the paediatrician;
• Ensure mother's Consent Form (CoramBAAF PH) consenting to the completion of the above M and B Forms has been completed;
• Ensure any consent to the placement of the child voluntarily pursuant to section 20 Children Act 1989 has been obtained from all persons with parental responsibility (see Decision to Look After Procedure);
• If applicable / appropriate seek the permission of the parent(s), for any prospective carers for the baby to visit the baby prior to discharge if the child is to remain alone in hospital for any significant period of time;
• Ensure that the parent or guardian understands any proposed contact arrangements once the child has been discharged and accommodated;
• Remind them of their rights in the event that the parent or guardian asks for the child to be returned (see Section 7, Parent(s) Seeking to Change their Minds or to Withdraw Their Consent to the Adoption);
• If applicable, ensure any written notification of the intention to place the child in an Early Permanence Placement has been provided to the parent(s);
• Stress to the parent(s) the importance of remaining in contact with the local authority post birth in order that the plan of adoption can be progressed without delay and in order to provide the child with information for later life and as part of their Life Story work. If the parent(s) disengage from working with the local authority post birth this may mean that the local authority would need to issue care / placement proceedings. If proceedings are to be issued the matter will need to be considered by the Best Practice and Scrutiny Forum;
• If the intention is to place the child in an E.P. placement, ensure that the matter has been considered by the Best Practice and Scrutiny Forum and that the Agency Decision Maker has considered and approved the placement prior to accommodation. The parents must be given verbal and written notification of the ADM decision;
• Ensure that the parent(s) or guardian are aware that formal consent to the adoption will be undertaken by an officer appointed by Cafcass once the baby is at least six weeks old and that they will need to co-operate with this procedure in order to be able to progress with the plan of adoption.

Note: all required forms / consents should be completed before the child's discharge, so as to avoid unnecessary delay later.

Following discharge from hospital and accommodation of the child, the allocated workers should progress the matter as with any other child who comes into Care and for whom there is likely to be a plan of adoption. An important distinction however, in relation to relinquished children is that approval of the plan of adoption has be considered by both the Adoption Panel for a recommendation and the Agency Decision Maker. The allocated workers will need to:

• Ensure a case record for the child is opened (if this has not already been done) and the electronic recording system is regularly up-dated with all relevant information, particularly as to any changes to the child's status;
• Advise the Independent Reviewing Officer (IRO) of the child's accommodation and placement status and ensure the first review is completed within 20 working days, completing all necessary documentation;
• If the parent(s) continue to express the wish to progress with a plan of adoption, a LAC review will need to be convened prior to Adoption Panel / Agency Decision to consider approval of the single plan of adoption. If a single plan of adoption is approved at the LAC review the IRO or child's social worker will need to ensure that an adoption pathway is triggered on LCS. A separate adoption file will need to be set up for the child on LCS;
• Ensure legal services are aware of the birth of the child and early consideration is given to any preliminary legal issues that may require consideration or to any applications to court that may be required such as in relation to paternity, parental responsibility, competence, confidentiality / disclosure of existence of child and plan of adoption to any father / other relatives;
• Complete a Care Plan for the child;
• Commence the Child's Permanence Report (for Adoption Panel and Agency Decision Maker approval of the plan of adoption);
• Progress a referral to the (Adoption Panel) Medical Advisor for a health assessment including Coram BAAF medical assessment forms M and B together with Coram BAAF PH form, (completed by parent(s));
• Ensure the birth is registered and a birth certificate is obtained: this can be undertaken by the parent(s) if they wish;
• Ensure an Adoption Panel date and Agency Decision Maker date is booked to consider the plan of adoption;
• Continue to visit the child's placement in accordance with the regulations and other requirements (see Social Worker Visits to Children in Care Procedure);
• Continue to keep in contact with the parent(s) and continue with counselling about adoption as wanted/needed by them ensuring that any matters in section 3 above not covered earlier with parents are dealt with at this stage;
• Arrange and support contact arrangements with the child as required and as appropriate;
• Ensure that the child's Life Story Book is commenced and progressed and that the foster carer / E.P carer is involved in this on a continuous basis;
• If the child is accommodated with foster carers continue Family Finding efforts to seek and identify a potential adoptive match;
• The child's social worker will need to provide an initial notification letter to the Cafcass office (closest to the parent(s)/guardian's address) of the proposed plan of adoption by consent. (See Letter 1: Advanced Notification of the child to be relinquished for adoption: Sections 19 and 20 Adoption Children Act 2002). In some cases, where the child is over six weeks old it may be possible for the Cafcass process to obtain the formal legal consents to the adoption to be completed prior to the Adoption Panel or Agency Decision Maker;
• When the adoption plan has been presented to Adoption Panel and agreed by the Agency Decision Maker an adoption record will need to be setup for the child (see Adoption Case Records Procedure, Contents.

An immediate evaluation of the circumstances should be undertaken by the local authority and must include any factors that may require a formal child protection risk assessment (see Framework for Decision-making: Right Help, at the Right Time by the Right Person). If the local authority considers that the appropriate threshold criteria is met, legal advice should be sought and consideration given to the issuing of an appropriate protective order such as an application for an Emergency Protection Order, Interim Care Order / Placement Order.

See Children Accommodated under Section 20 and Relinquished Children in the Ceasing to Look After a Child Procedure.

Note: Where the parent / guardian withdraws their consent to a plan of adoption it should not be automatically assumed that the threshold criteria under Section 31(2) will be satisfied and each case needs to be considered on its own facts. (See Re A O (care proceedings) 2016 EWFC 36).

In circumstances where there are no grounds for the issuing of proceedings or taking protective measures, arrangements will need to be made for return of the child. Consideration will need to be given as to whether any other support services or referrals to other agencies should be offered to the child / family e.g. on a Child in Need basis.

The parent(s) can withdraw their consent to the child's placement for adoption at any stage prior to the prospective adopters issuing an adoption application in relation to the child, either by using the 'Withdrawal of Consent Sections 19 and 20 of the Adoption and Children Act 2002' form or by giving written notice given to the Adoption Agency.

On receiving the Notice of Withdrawal, the Local Authority (as the agency) will lose the authority to place and there should be an immediate review of the child's plan for adoption. Following legal advice, the Local Authority may decide to apply for a Placement Order.

Where the child is not yet placed with prospective adopters - and the parent or guardian informs the Local Authority that they wish the child to be returned to their care, the child should be returned to the parent(s) / guardian within 7 days, unless the Local Authority has either made an application for a Placement Order or a decision has been made to apply for a Placement Order.

Where the child is placed for adoption - and the parent or guardian requests the return of the child, the child should be returned to the agency within 14 days, beginning with the day on which the notice was given, unless the Authority has either made an application for a Placement Order or a decision is made to apply for a Placement Order. As soon as the child is returned to the Local Authority / Adoption Agency, the child must return to the parent / guardian.

The following needs to be sent to Cafcass:

• Notification of child to be relinquished for adoption;
• Schedule 2 Proforma and associated documents including a copy of the Child Permanence Report and birth certificate.

The following consent forms need to be completed by the parent(s)as appropriate in accordance with their wishes following the counselling and witnessed by a Cafcass Officer:

A100: Consent form to placement for adoption with any prospective adopters chosen by the Adoption Agency - under Section 19 (Adoption and Children 2002 Act)

A101: Consent form to the placement of adoption with identified prospective adopter(s) - under Section 19 (Adoption and Children 2002 Act)

A102: Consent form to the placement of adoption with identified prospective carers and, if the placement breaks down, with any prospective adopters chosen by the Adoption Agency - under Section 19 (Adoption and Children 2002 Act)

A103: Advance consent to adoption - Section 20 (Adoption and Children Act 2002)

A104: Consent to Adoption (Adoption and Children Act 2002)

A106: Withdrawal of Consent to Sections 19 and 20 (Adoption and Children Act 2002)

Once the relevant consent forms have been completed by Cafcass and have been signed and witnessed, the local authority will be notified accordingly. The Local Authority should receive the following letter from the Cafcass Officer: Relinquished child: Countersigning Consent Forms (Letter 3).

Note:

• Where advance consent to the making of an Adoption Order (Section 20) ACA 2002) has also been given this letter is amended to reflect this);
• Where the parent(s) / guardian has identified and given notice that they do not wish to be notified when an application for an Adoption Order is made (Section 20(4) Adoption and Children Act) the letter should also acknowledge this and attach a 'Statement' to this effect.