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Contents

1. Adoption Panel Purpose and Function
2. Adoption Panel Membership
3. Adoption Panel Meetings
4. Appeals, Complaints and Child Protection Investigations
5. Adoption Panel Minutes
6. Reports to Adoption Panel

1. Adoption Panel Purpose and Function

1.1 Adoption Panel Functions

The Adoption Panel has a separate identity from the agency, with an important independent element. The Adoption Panel should promote good practice, consistency of approach and fairness in all aspects of the adoption service. The panel should receive annual reports and three-yearly reviews on the service and its performance.

The Adoption Panel is required to consider the case of every child; prospective adopter and proposed adoption placement referred to it by the adoption agency and to make recommendations as to:

The suitability of prospective adoptive applicants to adopt Whether a child should be placed for adoption Whether a child should be placed for adoption with particular prospective adopters Whether on the information so far available a prospective adopter is unlikely to be suitable to adopt a child. Whether a prospective adopter, following review, is no longer suitable to adopt a child. The agency may refer back to the panel any case under b.) d.) or e.) above:

Which has already been considered by panel Which the agency has been minded not to approve: and in relation to which agency has received a representation from the prospective adopter, within the prescribed 40 working days allowed for such representations

The recommendations must be unconditional and cannot be 'in principle'.

The Adoption Panel may also advise on the following issues:

1. Where prospective adoptive parents are recommended as suitable to adopt, the number of children the adoptive parents may be suitable to adopt, as well as their age range, gender, likely needs and background;
2. Where it is recommended that a child should be placed for adoption, what the contact arrangements for the child should be and whether a Placement Order should be applied for;
3. Where it is recommended that a child should be placed with particular prospective adopters, the proposed adoption support, future contact arrangements and whether/how the exercise of Parental Responsibility by birth parents and/or prospective adopters should be restricted;
4. Following Reviews of Adoption Support Plans, whether the plan should be varied or terminated.

The Adoption Panel monitors the progress of individual children for whom adoption is the plan up to the making of an Adoption Order, through progress reports as required under the Placement for Adoption Procedure, and receives Disruption Reports in relation to any breakdowns in adoptive placements (see Disruption of Placement Procedure).

If circumstances arise necessitating a change in plans in respect of a child, which have previously been agreed by Panel, it is obligatory to make a further application to Panel for any variation.

The Adoption Panel considers the prospective adoption of children whose Care Plan is Adoption.

The Adoption Panel makes a considered recommendation on the proposed placement of a child with particular prospective adopters within six months of the adoption agency's decision-maker deciding that the child should be placed for adoption.

Where these timescales have not been met, the panel records the reasons in the written minutes of the panel meeting.

The annual review of adopters suitability to adopt is presented to panel for information.

2. Adoption Panel Membership

There is no fixed Panel membership or maximum number of members or maximum tenure of office.

 A Central List needs to be maintained containing a list of persons considered to be suitable to be members of an Adoption Panel

When setting up an Adoption Panel, members will be drawn from this Central List. The same people do not have to be appointed to every Panel meeting.

The Central List should include (in addition to the Independent Chair):

• Adoption social workers with at least 3 years' relevant post qualifying experience in child care social work, including direct experience in adoption work (not necessarily employed by the agency)
• The Medical Adviser/s 
• Other persons whom the agency considers suitable including specialists in education; race and culture; child and adolescent mental health services; and those with personal experience of adoption.

The adoption agency must appoint a legal adviser to the panel who will not serve as a member of the panel.

The agency must also appoint a person with at least five years appropriate post qualifying social work and management experience, as professional adviser to panel. The professional adviser will not be a voting member of the adoption panel.

The Panel must have one, and can have two Vice Chairs (who are not necessarily independent members).

The Head of Service on adoption matters must not be on the Central List.

The agency should decide how many people should sit at each Adoption Panel meeting, provided that there is a quorum of 5, one of whom must be the Chair or Vice Chair, one of the adoption social worker representatives and at least one independent member.

2.1 The Panel Chair and Vice Chair

The Chair must be independent of the adoption agency, and is appointed by the Head of Service.

The Panel must have one, and can have two Vice Chairs (not necessarily   independent member), who are   also appointed by the Head of Service.

The Panel Chair should have knowledge and experience of the area of adoption, be familiar with the regulatory framework of the Adoption Service and be able to analyse the discussion and summarise the views expressed.

2.2 Appointments to the Central List

Those on the Central List are appointed by the Head of Service .and will be able to continue their membership as long as they are able to carry out their duties.

All those on the Central List should have undergone a recruitment process that includes interviews, identity checks, verification of qualifications and right to work in the UK, references and CRB Checks, which are recorded.

New appointees will be asked to give signed agreement to checks being undertaken  as above   and cannot take up their appointment until the outcome of the checks are known. They are excluded from the Central List if they have any offences against children or of violence. They are required to notify the Panel Adviser immediately if they receive such a conviction or caution while serving as a Panel member.  Criminal Records Bureau checks will be renewed every three years.

They should have the opportunity to observe an Adoption Panel meeting before they sit as a member and to attend an annual joint training day with adoption agency staff; have induction training completed within 10 weeks of inclusion on the list and access to appropriate training and skills development and are kept abreast of changes to legislation, regulation and guidance.

They should also have access to the agency's whistle-blowing policy.

Written information about the expectations arising from their appointment should be given to new appointees to the Central List (in relation their performance objectives, participation in induction and other training safeguarding the confidentiality of information provided to the panel and their general conduct - see Section 2.3, Confidentiality and Section 2.4, General Conduct) and they should be asked to sign a written agreement confirming their acceptance of these before taking up their appointment.

Each panel member is supplied with an information pack containing:

• A copy of the panel policies and procedures
• A copy of "effective panels" - BAAF
• Any other relevant agency policies, procedures or practice guides

A confidential file will be maintained in respect of each panel member containing:

• Membership agreement
• Confidentiality agreement
• Training attended
• Reviews of panel members
• Dates when CRB's completed and outcome

2.3 Confidentiality

All written and verbal information given to Panel members in the course of their duties is strictly confidential. As indicated above, those included on the Central List are required to sign a written agreement, before   their appointment, to confirm that all information they receive will remain confidential.

Panel members are expected to keep all written information in a secure place and return all Panel documents to the agency immediately after each Panel meeting.

Panel members must not copy, in part or in whole, any documents that relate to a case.

If a Panel member has some knowledge of a case, whether in a personal or professional capacity, they should declare an interest and inform the Chair of the Panel  at the earliest opportunity, so that an alternative member can be invited if required to ensure that the Panel is quorate (see Section 2.5, Conflicts of Interest).

Failure to comply with the above paragraphs may result in the member's inclusion on the Central List being terminated.

2.4 General Conduct

All those on the Central List should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.

Panel members should have read the Panel papers carefully prior to the Panel meeting and come prepared to contribute to the Panel discussion.

The Panel Adviser will review the performance of those on the Central List on a regularly basis.

The Panel Adviser, in consultation with the Chair, will review their performance on a more formal basis at least annually.

If there are concerns about the conduct or behaviour of a person on the Central List, this should be conveyed to the Panel Chair who will raise these concerns with the person in private.

If  such concerns   cannot be resolved informally, the Chair, in consultation with the Panel Adviser, will write to the person concerned setting out the concerns and what action it is proposed to take. See Section 2.7, Termination of Appointment to the Central List for action that may be taken if the concerns continue.

The Chair's performance will be reviewed annually by the Head of Service, taking into account the views of   those who attend Panel meetings,  namely persons on the Central List, social workers and prospective adopters.

2.5 Conflicts of Interest

Panel members should consider any conflicts of interest in relation to Panel agenda items. A potential conflict arises if an interest may be seen to adversely affect a Panel member's capacity to act without prejudice or preference in a matter.

It is anticipated that in many circumstances there may be professional knowledge of a case which should be notified to the Chair but which will not affect a member's capacity to participate in the Panel. In other circumstances there may be a personal interest or connection which would require the Panel member to refrain from participation.  In cases where it is less clear, advice should be sought.

In the case of a potential conflict of interest where advice is required, Panel members should consult the Chair, Panel Adviser or Legal Adviser, giving as much advance notice as possible, particularly having regard to the implications for the quorum.

2.6 Resignations from the Central List

All those on the Central List are expected to give a minimum of one month's written notice of their wish to resign, except where personal emergencies e.g. accidents, illness, make this impossible. Resignation letters should be addressed to the Head of Service with a copy to the Chair of the Panel.

Initial verbal resignations may be given, but    should always be followed by a written resignation.  Those on the Central List are asked, as a matter of courtesy, to inform the Chair of the Panel of their intention to resign, before making any public announcement.

Those on the Central List wishing to withdraw a submitted written resignation must do so before the one month notice period expires by writing to the Head of Service, who reserves the right not to accept a withdrawal of notice and to allow the original letter of resignation to stand.

2.7 Termination of Appointment to the Central List

Where it is considered that someone is unsuitable to be on the Central List, they must be given one month's notice in writing and reasons for the decision to end their appointment.

Where there are concerns about the behaviour of a person on the Central List either inside or outside the meetings, and the difficulties have not been resolved by discussion and correspondence between the Chair, Panel Adviser and the person concerned, the matter will be raised by the Panel Adviser with the Head of Service who will decide whether to propose the end of the appointment and if so, will advise the person concerned in writing giving clear reasons for the proposal.

The person concerned will be given the opportunity to make observations on the matter before a final decision is made by the Head of Service.

3. Adoption Panel Meetings

Adoption Panel - Function

The Regulations require the Adoption Panel, in the case of every child; prospective adopter and proposed adoptive placement referred to it by the adoption agency for consideration, give consideration to the following, prior to making it's recommendation:

Whether a child should be placed for adoption Whether a prospective adopter is suitable to adopt a child, Whether a child should be placed for adoption with a particular prospective adopter Whether on the information so far available, a prospective adopter is unlikely to be suitable to adopt a child Whether a prospective adopter, following review, is no longer suitable to adopt a child The agency may refer back to panel, a case under b.) d.) or e.) above:

Which has already been considered by panel Which the agency has minded not to approve; and in which the agency has received a representation from the prospective adopter within the prescribed 40 working days for such representations

When considering items a.) above, the panel must;

• Obtain legal advice
• Must consider and give advice to the agency on the proposed contact arrangements for the child and whether an application for a Placement Order should be made

When considering item b.) above the panel;

• Must invite the prospective adopter to attend panel
• May consider and give the agency advice on meeting the number, age range, gender, likely needs, background of children, the prospective adopter may be suitable to adopt

When considering item c.) above the panel must consider and may advise the agency on;

• The authority's proposal for adoption support services for the adoptive family
• The proposed contact arrangements
• Whether the parental responsibility of any parent, guardian, or prospective adopter should be restricted and if so, to what extent

Adoption Panel - Meeting

The Adoption Panel meets every three weeks.  The Professional Adviser will arrange additional special meetings at short notice as necessary, with the Chair's authority, where for example there is a need to consider an urgent placement.

The venue is usually New Life Centre, Newland, Lincoln.

The Professional Adviser, who must be a senior practitioner or manager in the adoption service with at least 5 years' relevant post-qualification and management experience, attends all Panel meetings to advise the Panel but is not a member of the Panel.  His or her role is to ensure all the necessary reports are available for the Panel, to advise the Panel on social work and procedural matters and to report to social workers and their managers on issues arising from Panel meetings.

Where the Panel is considering a matter relating to an intercountry adoption, the Professional Adviser must arrange to provide legal and specialist advice and any relevant information required.

The Professional Adviser's role is also to assist with appointments to the Central List, to arrange induction and other training for those on the Central List, monitor and review their performance and monitor and review the administration of the Panel.

The Panel Administrator, in consultation with the Professional Adviser, will prepare the agenda for each meeting and draw members from the Central List.

The agenda and Panel papers should be sent to members, and legal adviser, at least 5 days before the meeting. Panel papers should include:

• The agenda
• Minutes of the previous meeting
• Papers relating to the items scheduled for discussion at the meeting

On receipt of the assessment reports, any panel member who considers that they have knowledge of a particular applicant, their referees, a child or his/her family that could prejudice the case, should contact the panel adviser immediately. The professional adviser should consult with the panel chair and the panel member will be advised to withdraw from that item.

The Panel's legal adviser attends all Panel meetings, but is not a Panel member.

No more than two persons would normally be allowed to observe a Panel meeting and this is only with the prior agreement of the Adoption Adviser and Panel Chair.  The observer will be required to sign a form of undertaking regarding confidentiality

The agenda will include at the beginning an opportunity for any Panel member to declare an interest in any item on the agenda.  If an interest is declared, the Chair must then decide whether the Panel member should withdraw during consideration of the item.

The panel cannot make an "in principle" recommendation however can provide the agency with advice.

The panel chair should encourage all members to contribute to the panel's recommendations

In the event that panel members cannot reach agreement regarding the recommendation of panel, the Chair will consider whether further information is required or whether the Panel should go ahead and make a recommendation on the basis of the majority view. 

In the event of a disagreement, each panel member will be asked in turn for their views and the advice of panel adviser will be sought.  The number of dissenting or abstaining members will be recorded and a summary of their reasons will be noted in the minutes along with the reasons for the majority recommendation and the minutes be attached to the recommendation. 

The panel chair is responsible for ensuring the accuracy of the minutes.

Social workers presenting reports to the Panel must send 14 copies of their report to the Panel Administrator 21 working days before the date of the Panel meeting. 

Where the adoption panel requests other relevant information the agency is required to obtain it, as far as is reasonably practical, and that this it is sent to panel. In such instances a case may be deferred until the information is available.

At the end of each Panel meeting, the Panel Administrator will collect all members' papers.  Panel members unable to attend a meeting will be asked to return his or her papers to the Panel administrator.

4. Appeals, Complaints and Child Protection Investigations

Where the panel recommends that a prospective adopter should not be approved or that the agency should not proceed further with an assessment as the applicants are not likely to be approved, and the Agency Decision Maker is minded to accept that recommendation, the applicants should be advised in writing by the Agency decision Maker. The applicants must be advised of their right to appeal to the agency or to apply to the Independent Review Mechanism. The applicants must be made aware that they cannot do both and must therefore decide which route to pursue.

Where a prospective adopter has been the subject of a serious child protection complaint or child protection investigation, the matter should be referred back to the panel at the earliest opportunity, whether or not the case was proven, for consideration about continued approval. See Lincolnshire Safeguarding Children Board Procedures, Allegations Against Persons who Work with Children Procedure.

5. Adoption Panel Minutes

The Panel minutes will always record the information in relation to the following:

1. The reports received.  (The Panel's requirements as to reports are specified in the relevant procedures elsewhere in the Manual; see Placement for Adoption Procedure and Assessment and Approval of Adopters Procedure)
2. Who attended and for which part of the discussion
3. Medical advice
4. Legal advice
5. The Panel's discussions (main points) and conclusions
6. The information provided by prospective adopters if present
7. The Panel's recommendations and reasons, including any reservations expressed by any member

The Panel minutes will be written in accordance with the agreed format and extracts relating to the case kept on every child's or prospective adopter's Adoption Case Record.

The draft Panel minutes will be approved by the Panel Adviser and the Chair. They will then be sent to the Agency Decision Maker. The Agency Decision Maker may request copies of any reports presented to Adoption Panel.

6. Reports to Adoption Panel

Reports to the Adoption Panel in relation to matters upon which the Panel are asked to make recommendations must be prepared by qualified social workers with at least 3 years' post-qualification experience.  This must include direct experience of adoption work either in assessing prospective adoptive parents or implementing an adoption plan for a Looked After Child.  Where the author of the report does not have the requisite qualifications and experience, he or she must have either a qualification in social work or be a social worker in training, and must be supervised by a qualified social worker with 3 years' relevant experience.

Where the person preparing the report is an independent social worker, they must always be suitably qualified and experienced (including satisfactory CRB checks, two satisfactory references, GSCC registration and experience of adoption work) and be supervised by a member of staff with the suitable qualifications and experience.

The same qualifications and experience are required for social workers undertaking visits to children placed for adoption (see Supervision of Adoptive Placements Procedure) and authors of Court Reports in adoption cases. See also Court Reports in Adoption/Special Guardianship Procedure.

End