adoption guidance - matching and proposing a placement

4. Matching and proposinga placement

This part of the guidance explains the duties of an adoption agency where it proposes

to place a child with the prospective adopter. Where it is an intercountry case, the

agency should follow the main part of this chapter and the relevant section.

Proposing a placement 3

The adoption panel 8

Agency decision 9

Proposing a placement where the prospective adopter is resident

outside the British Islands 11

Intercountry case where the UK is the receiving State 12

In this chapter:

AAR – means the Adoption Agencies Regulations 2005.

ARR – means the Restriction on the Preparation of Adoption Reports Regulations 2005.

ASR – means the Adoption Support Services Regulations 2005.

FER – means the Adoptions with a Foreign Element Regulations 2005.

Specific regulation references appear as AAR 31.2, for example, which refers to

Adoption Agencies Regulation 31, paragraph 2.

Acronyms and terms are set out in the Glossary.

Adoption and Children Act 2002 Guidance: Chapter 4 1

Timescales

1 The timescales should generally be adhered to during this part of the adoption process,

unless the agency considers that in a particular case complying with a timescale would

not be in the child’s interests – the paramount consideration must always be the

welfare of the child. Where the agency is unable to comply with a timescale or decides

not to, it should record the reasons on the child’s case record.

2 The following timescales apply where the agency proposes to place a child with the

prospective adopter, whether the prospective adopter is resident in the UK or abroad:

l a proposed placement with a suitable prospective adopter should be identified and

approved by the panel within six months of the agency deciding that the child

should be placed for adoption

l where a parent has requested that a child aged under 6 months be placed for

adoption, a proposed placement with a suitable prospective adopter should be

identified and approved by the panel within three months of the agency deciding

that the child should be placed for adoption

l the agency’s decision on whether to approve a proposed placement with a suitable

prospective adopter should be taken within seven working days of the adoption

panel’s recommendation

l the following people should be informed orally of the agency’s decision within two

working days and written confirmation should be sent to them within five

working days:

l if their whereabouts are known, the child’s parent or guardian

l the prospective adopter

3 The following timescale applies in an intercountry case where the UK is the receiving

State and the relevant authority in the State of origin has matched the prospective

adopter with a child:

l the agency should meet the prospective adopter to discuss the information on the

child within ten working days of receiving the match proposed by the relevant

authority in the State of origin.

4 The agency should monitor its performance against these timescales and make this

information available in its annual report.

Adoption and Children Act 2002 Guidance: Chapter 42

PROPOSING A PLACEMENT: AAR 31

5 Where the agency is considering the placement of a child for adoption it may identify

a number of possible prospective adopters. It needs to compare their potential to

provide a stable and permanent family for the child, based on the child’s permanence

report, the prospective adopter’s report and other information it has collected and

assessed.

6 The agency is responsible for considering and comparing alternative prospective

adopters for a particular child. In its report to the panel on the proposed placement, the

agency should only propose either one couple as prospective adopters or a single

person as a prospective adopter.

7 Where the agency has matched a child with the prospective adopter and is considering

placing the child for adoption with them, AAR 31 requires that the agency:

l provide the prospective adopter with a copy of the child’s permanence report and

any other information the agency considers relevant. Other information could

include reports or summaries of reports on the child’s health, education or special

needs. Photographs and a video film of the child may also be helpful to the

prospective adopter. The agency should ensure that the prospective adopter

confirms in writing that they will keep this information confidential and that they

will return it to the agency if the agency requests it

l meet the prospective adopter to discuss the proposed placement

l ascertain the views of the prospective adopter about:

l the proposed placement

l and the arrangements the agency proposes to make for allowing any person

contact with the child

l and provide a counselling service for, and any further information to, the

prospective adopter that may be required.

8 Prospective adopters should have received a general explanation of placement

procedures as part of their initial preparation for assessment but the agency should

now remind them of its placement planning procedures. The agency should ask

whether the prospective adopter would be willing to meet later with the child’s

parents, if this is considered to be appropriate. Where it is an interagency placement

that is being considered, the prospective adopters’ agency should explain the

introduction and placement procedures used by the child’s agency.


9 Where the agency considers that the proposed placement should proceed, AAR 31.2

requires that:

l where it is a local authority, it carry out an assessment of the needs of the ‘adoptive

family’ – the child and the prospective adopter, and any other children of the

prospective adopter – for adoption support services in accordance with the ASR

l where it is a VAA, it notify the prospective adopter that they may ask their local

authority to carry out an assessment of their needs for adoption support services1.

The VAA should provide the prospective adopter with written information about

applying for adoption support services. Where the local authority in whose area the

prospective adopter has their home asks the VAA for a copy of the child’s

permanence report and a copy of the prospective adopter’s report, AAR 31.2

requires the VAA to pass these reports to the local authority. This information will

inform the local authority’s adoption support assessment and it will have a duty to

protect the confidentiality of such information. See chapter 6

l it consider the arrangements for allowing any person contact with the child. The

agency should have regard to its duties in respect of contact as set out in the

guidance for AAR 46

l it prepare a written report – “the adoption placement report”. ARR 3 sets out

the qualifications and experience necessary for a person to prepare this report2. The

adoption placement report is to include:

l the agency’s reasons for proposing the placement

l the views of the prospective adopter about:

– the proposed placement

– and the arrangements the agency proposes to make for allowing any person

contact with the child

l where the agency is a local authority, their proposals for the provision of

adoption support services for the adoptive family. Where the agency is a VAA, it is

recommended that it seek to ascertain any proposals the relevant local authority

may have for the provision of adoption support services for the adoptive family

and to include details in the report

l the arrangements the agency proposes to make for allowing any person contact

with the child


1 Under section 4(1) of the Act.

2 See the guidance about ‘adoption reports’ in chapter 1.

l and any other information the agency considers relevant. This might, for

example, include the views of the child about the proposed placement if they

already know the prospective adopter.

10 AAR 31.3 requires the agency to notify the prospective adopter that the proposed

placement is to be referred to the adoption panel and to give them a copy of the

adoption placement report. At the same time, the agency should invite the prospective

adopter to send it their views on the report in writing within 10 working days, starting

with the date on which the notification is sent.

11 At the end of the 10 working days, or earlier if the agency receives the prospective

adopter’s views sooner, the agency is required by AAR 31.4 to send to the adoption

panel the:

l adoption placement report and the prospective adopter’s views on that report

l child’s permanence report

l prospective adopter’s report.

12 Where the adoption panel requests other relevant information, AAR 31.5 requires the

agency to obtain it, so far as is reasonably practicable, and send it to the panel.



MATCHING AND PROPOSING A PLACEMENT

Agency identifies a match and provides prospective

adopter with the child’s permanence report

AAR 31.1

Agency to meet with the prospective adopter, discuss

proposed placement, ascertain their views and provide

them with a counselling service

AAR 31.1

Where agency considers proposed placement should

proceed, it is to carry out adoption support assessment,

consider contact arrangements and prepare adoption

placement report

AAR 31.2

Agency notifies prospective adopter that proposed

placement is to be referred to adoption panel, provides

them with a copy of the adoption placement report and

invites them to comment on it

AAR 31.3

Agency refers proposed placement to the adoption

panel and provides it with the adoption placement

report and the prospective adopter’s comments on the

report, together with the child’s permanence report and

the prospective adopter’s report

AAR 31.4

Continued on next page


PANEL RECOMMENDATIONS AND AGENCY DECISION ON PROPOSED PLACEMENT

The adoption panel must consider

the proposed placement and make a

recommendation as to whether the

child should be placed for adoption

with that particular prospective

adopter

AAR 32.1

Panel must have regard to section 1 of

the Act and consider and take into

account all information and reports

passed to it in accordance with

AAR 31

AAR 32.2

Panel may obtain legal advice as it

considers necessary in relation to

the case

AAR 32.2

Panel may request the agency to

obtain any other relevant information

which the panel considers necessary

AAR 32.2

Panel must consider and, where panel recommends that the child should be placed

with the particular prospective adopters, may give advice about the following:

l The local authority’s proposals for the provision of adoption support services for the

adoptive family

l The arrangements the agency proposes to make for allowing any person contact

with the child

l Whether the parental responsibility of any parent or guardian or the prospective

adopter should be restricted and if so the extent of any such restriction

AAR 32.3

No member of the adoption panel

shall take part in any decision about

whether the child should be placed

for adoption with the particular

prospective adopter

AAR 33.2

The agency must take into account the

recommendation of the adoption panel

in coming to a decision about whether the

child should be placed for adoption with

the prospective adopter

AAR 33.1

As soon as possible after making its decision, the agency must notify in writing the

prospective adopter and the parent or guardian

AAR 33.3

13 Where an agency (“agency A”) intends to refer a proposed placement to its adoption

panel and another agency (“agency B”) made the decision1:

l that the child should be placed for adoption

l or that the prospective adopter is suitable to be an adoptive parent.

14 AAR 31.7 requires that agency A may only refer the proposed placement to its panel if

it has consulted agency B about the proposed placement. Agency A is also required by

AAR 31.8:

l to open a child’s case record where agency B made the decision that the child

should be placed for adoption, and place on that record the information and

documents received from agency B

l or to open a prospective adopter’s case record where agency B made the decision

that the prospective adopter is suitable to be an adoptive parent, and place on that

record the information and documents received from agency B.

THE ADOPTION PANEL: AAR 32

15 The adoption panel is required by AAR 32 to consider the proposed placement

referred to it by the agency and to make a recommendation to the agency as to

whether the child should be placed for adoption with that particular prospective

adopter.

16 AAR 32.2 requires that in considering what recommendation to make the adoption

panel must have regard to the duties imposed on the adoption agency under section

1(2), (4), and (5) of the Act (considerations applying to the exercise of powers in relation

to the adoption of a child) and:

l must consider and take into account all information and the reports passed to it in

accordance with AAR 31

l may request the agency to obtain any other relevant information which the panel

considers necessary

l may obtain legal advice as it considers necessary in relation to the case.

17 The panel is required by AAR 32.3 to consider:

l where the agency is a local authority, the authority’s proposals for the provision of

adoption support services for the adoptive family


1 In accordance with the AAR.

l the arrangements the agency proposes to make for allowing any person contact

with the child

l and whether the parental responsibility of any parent or guardian or the prospective

adopter should be restricted and, if so, the extent of the restriction. Chapter 7

provides additional guidance for adoption panels and agencies on the exercise and

restriction of parental responsibility.

18 Where the agency is a VAA and it has been able to ascertain any proposals the relevant

local authority may have for the provision of adoption support services for the adoptive

family, these should be considered by the VAA’s panel.

19 Where the adoption panel makes a recommendation to the adoption agency that the

child should be placed for adoption with the particular prospective adopter, AAR 32.4

provides that the panel may at the same time give advice to the agency about the

matters set out under AAR 32.3 – adoption support services, contact arrangements

and exercise of parental responsibility.

20 AAR 32.5 stipulates that the panel may only make the recommendation:

l if it is made at the same meeting of the panel at which a recommendation has been

made that the child should be placed for adoption

l or the agency, or another agency, has already made a decision in accordance with

AAR 19 that the child should be placed for adoption.

21 And that:

l it is made at the same meeting of the panel at which a recommendation has been

made that the prospective adopter is suitable to adopt a child

l or the agency, or another agency, has made a decision in accordance with AAR 27

that the prospective adopter is suitable to adopt a child.

AGENCY DECISION: AAR 33

22 The agency is required by AAR 33 to take into account the recommendation of the

adoption panel in deciding whether the child should be placed for adoption with the

particular prospective adopter. Where the panel has provided the agency with advice,

the decision maker may express a view on such advice.

23 Before reaching a decision on the panel’s recommendation and a view on the panel’s

advice, the agency decision maker should consider the minutes of the panel meeting

and the reports submitted to the panel that considered the proposed placement. In

reading the minutes of the meeting, he or she should have particular regard to the


panel’s reasons for making the recommendation and any particular concerns that are

recorded in the minutes.

24 The agency decision maker’s decision, the reasons for that decision and any view the

decision maker provides on the panel’s advice should be recorded on the child’s case

record and on the prospective adopter’s case record, as required by AAR 12 and 22.

Where the decision maker is minded not to accept the adoption panel’s

recommendation, he or she should discuss this with another senior person in the

agency who is not a member of the panel. The outcome of that discussion should also

be recorded on the child’s case record and the prospective adopter’s case record.

25 AAR 33.2 prohibits any member of the panel from taking part in the agency’s decision.

It is essential that the fundamental decision about whether a child should be placed for

adoption with a particular prospective adopter is objective and impartial, and should

be taken by the agency decision maker, a senior person in the agency who is not a

member of the panel that submitted the recommendation.

26 As soon as possible after making its decision, the agency is required by AAR 33.3:

l to notify in writing the prospective adopter of its decision

l where the agency decides that the child is to be placed for adoption, to notify in

writing the parent or guardian of this decision, if their whereabouts are known to

the agency. Where the father of the child does not have parental responsibility for

the child and his identity and whereabouts are known to the agency – and the

agency considers it appropriate – it is also required to notify him in writing of its

decision.

27 Where the agency decides that the child’s placement should proceed, AAR 33.4

stipulates that the agency must – in an appropriate manner and having regard to the

child’s age and understanding – explain its decision to the child.

28 With the decision made on the child’s placement with a particular prospective adopter,

information about the prospective adopter should now be placed with the information

about the child on the child’s case record. AAR 33.5 requires the agency to place on the

child’s case record:

l the prospective adopter’s report

l the adoption placement report and the prospective adopter’s views on that report

l the minutes of the panel’s meeting held under AAR 32, its recommendation, the

reasons for its recommendation and any advice given by the panel to the agency

l and the record and notification of the agency’s decision made under AAR 33.


PROPOSING A PLACEMENT WHERE THE PROSPECTIVE ADOPTER IS RESIDENT OUTSIDE

THE BRITISH ISLANDS

29 This part of the guidance explains the duties of an adoption agency in an intercountry

case where it proposes to place a child with a prospective adopter who is resident

outside the British Islands under the Convention. For non-Convention cases, this part

sets out additional guidance for the agency to follow. The preceding guidance in this

chapter applies together with the guidance that follows below.

30 The AAR apply to non-Convention cases. In a Convention case, the FER apply in

conjunction with the AAR in relation to the following:

l Proposing a placement (FER 42, 43 and AAR 31)

l The adoption panel (FER 44 and AAR 32)

l Agency decision (FER 45, 46 and AAR 33)

PROPOSING A PLACEMENT: FER 42 AND 43

31 Where the agency considers the child’s placement should be for an adoption outside

the British Islands under the Convention, it should notify the DfES, which will include

the child’s details on the Convention list. Where the DfES receives an Article 15 report

on a prospective adopter and is satisfied that the eligibility and suitability requirements

are met, it will send the report to the agency that referred the child. Guidance on the

information that the agency should send to the DfES is set out in Annex C.

32 Where the agency proposes that the child’s placement should be for an adoption

outside the British Islands under the Convention, the agency is also required by FER

43.2 to send to the adoption panel the:

l the agency’s reasons for proposing the placement and any other information the

agency considers relevant

l child’s permanence report

l the Article 15 report.

33 In a non-Convention case, the agency should send details of the proposed placement

and its reasons for proposing the placement to the panel.

THE ADOPTION PANEL: FER 44

34 Where the agency is proposing that the child’s placement should be for an adoption

outside the British Islands under the Convention, the adoption panel is also required by


FER 44 to take into account the Article 15 report on the prospective adopter and any

other information passed to it under FER Part 3, Chapter 2.

AGENCY DECISION: AAR 33, FER 45 AND 46

35 Where the agency decides that the child’s placement should be for an adoption

outside the British Islands under the Convention, it is:

l required by FER 45 to notify the DfES of its decision and, in an appropriate manner,

explain its decision to the child

l required by FER 46 to prepare an Article 16(1)1 report on the child and to send this

report to the DfES, together with details of any placement order or other orders and

confirmation that the child’s parent or guardian consents to the proposed adoption.

The Article 16(1) report is to include the information about the child specified in

AAR Schedule 1 and the agency’s reasons for its decision.

36 The DfES will send the agency’s documents to the Central Authority in the receiving

State. The agency may only proceed with a placement for an adoption under the

Convention if it receives written notification that an agreement under Article 17(c) of

the Convention has been made. Annex C provides further information about Article 17

(c) agreements. Failure to comply with the Convention may mean that the prospective

adopter is unable to obtain a Convention adoption.

37 If the agency decides that the proposed placement outside the British Islands is not to

proceed, FER 45 requires it to return the Article 15 report to the DfES, together with any

other information it provided.

38 In a non-Convention case, where the agency decides that the child should be placed

for adoption outside of the British Islands, it may now make arrangements for placing

the child in accordance with the AAR.

INTERCOUNTRY CASE WHERE THE UK IS THE RECEIVING STATE: FER 19 AND AAR 34

39 In an intercountry case where the UK is the receiving State, the child and the

prospective adopter will be matched by the relevant authority in the child’s State of

origin. Details of the proposed match may be sent to the DfES, in which case they will

be forwarded to the agency and the prospective adopter. However, in some non-

Convention cases the prospective adopter will receive details of the proposed match

directly and, if so, the prospective adopter is required to forward a copy to the agency

and meet with them to discuss the match.


1 Article 16(1) of the Convention

40 The agency should remind the prospective adopter that failure to forward details of the

proposed match is an offence under section 83 of the Act. When the agency receives

information about such a case, it is required by FER 19 and AAR 34:

l to send a copy of the information about the child to the prospective adopter unless

it is aware that the prospective adopter has received this information

l to consider that information and meet with the prospective adopter to discuss it

l and if appropriate, provide a counselling service and any further information to the

prospective adopter as may be required.

41 The agency should aim to meet the prospective adopter to discuss the proposed match

within 10 working days of receiving the information, where this is reasonably

practicable. The prospective adopter should be given time and reasonable assistance

to consider the information. The agency should:

l explain the need for the prospective adopter to carefully consider the child’s needs

and background and their capacity to meet those needs

l provide the prospective adopter with written information about requesting an

assessment of their needs for adoption support services. Where the agency is a VAA,

it should notify the prospective adopter that they may ask their local authority to

carry out an adoption support assessment

l provide the prospective adopter with its medical adviser’s view of the health needs

of the child.

42 As the agency counsels the prospective adopter, it should explain that:

l although the child may be described as being healthy and developing well, neither

the agency nor the DfES are able to verify the veracity of any health information

provided

l the child’s parents may provide little or no background or medical information

about the child or themselves

l uncertainty about the child’s background, health and development means that the

child may have or develop unrecognised health and behavioural problems. While

some children may respond well to therapy or treatment, other children may need

long term care and support in the prospective adopter’s home

l the prospective adopter should not feel obliged to make a swift decision,

particularly if they have significant doubts or concerns about their capacity to meet

the child’s needs


l where the prospective adopter decides not to proceed with the proposed match,

the prospective adopter may ask the relevant authority in the State of origin to

match them with another child. Generally the prospective adopter will be expected

to provide reasons in writing for not accepting the original match. In most cases the

relevant authority in the State of origin will try to match the prospective adopter

with another child

l where the prospective adopter decides to proceed with the proposed match, they

will need to make arrangements to visit the child in the State of origin. In the case of

a couple adopting jointly both of them must visit the child. If the prospective

adopter has visited the child and decides to proceed, they will need to notify the

agency in writing, including any additional reports provided on the child and their

expected date of return to the UK. The agency should remind the prospective

adopter that failure to visit the child or to provide written notification may prevent

a Convention adoption from going ahead and is an offence under section 83 of the

Act in non-Convention cases.

43 In Convention cases, where the agency receives written confirmation that the

prospective adopter wishes to proceed, FER 19 requires the agency to inform the

relevant Central Authority in England whether or not the agency is content for the

adoption to proceed. Without confirmation that the agency is content, the relevant

Central Authority in England will not be able to complete the necessary formalities for

the adoption to go ahead. See Annex C for further information on the process under

the Convention and agreements under Article 17(c).

44 If, at any stage before an agreement is made under Article 17(c), the agency determines

the prospective adopter is no longer suitable or the prospective adopter decides not to

proceed, FER 20 requires the agency to inform the relevant authority in England and

to arrange for the return of the relevant documents.

45 Where the agency is notified by the relevant authority in England that an agreement

under Article 17(c) has been made, FER 22 requires it to send written notification of the

proposed placement to:

l the prospective adopter’s GP, along with a report on the child’s health history and

current state of health, so far as it is known

l the local authority (if not the agency) and the PCT in whose area the prospective

adopter lives

l the local education authority, along with any information about the child’s

educational history and whether he is likely to be assessed for special educational

needs under the Education Act 1996.


adoption guidance - matching and proposing a placement

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