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Contents

1. Responding to Requests for Information
2. Services Provided by the Inter country Adoption Centre
3. After the Adoption and Permanency Panel’s Recommendation
4. Representations/ Review Procedure
5. After Approval
6. After Arrival in the UK
7. Post Adoption Reports
8. Post Adoption Support
9. Placement Breakdown
10. Annex One
    
    Appendix One: Inter-Country Adoption Centre Assessment Information

1. Responding to Requests for Information

Applicants cannot bring a child into UK for adoption unless an assessment  has first been completed by an approved UK adoption agency.

Applicants must always apply to the borough in which they are currently resident. The Royal Borough provides this service to residents through the Inter country Adoption Centre (IAC) providing they meet the relevant requirements as to Domicile and Habitual Residence (all prospective adopters must have been Domiciled or Habitual Residence in the UK for a minimum of one year).

All requests for information about inter country adoption made by telephone, email or letter should be redirected to IAC.

Prospective applicants can dial IAC direct on 020 8443 2562 (10.30-1.00 and 2.30-5.00).

Social workers can refer enquirers through the subscribers’ telephone line 0208 440 2346 (9.00 - 5.00).

IAC charges prospective adopters a fee for their services at the point of accepting an application from them. The information on fees and charges is available in the IAC information pack which is sent to all enquirers within five days.

Family placement workers should enter every enquiry on the FPU data base ensuring the first screen is completed in full and the first field of the application progression is also completed.

2. Services Provided by the Inter country Adoption Centre

IAC provides the following services to Kensington and Chelsea residents interested in pursuing an application to adopt from overseas.

• Receives enquiries and sends out information packs which, amongst other material, include information about IAC’s Information Days;
• Arranges for enquirers to attend an IAC Information Day;
• If, after attendance at an IAC Information Day enquirers wish to proceed, invites them to a counselling interview for prospective inter country adopters;
• After the counselling interview, should prospective adopters wish to proceed and, should they appear to meet IAC’s eligibility and suitability criteria invites prospective adopters to make a formal adoption application to IAC. Thereafter IAC carries out all aspects of the adoption agency’s inter country adoption duties until the stage at which the child returns with the adopters to England;
• Informs RB Kensington and Chelsea as applications reach key stages of the process(1) and at any stage should the adopters move out of the RB of Kensington and Chelsea’s area;
• Makes one post adoption visit on the child’s return to England, which will be a joint visit with RB of Kensington and Chelsea in the event that the local authority is to take responsibility for monitoring and reporting under FER 2005;
• Furnishes RB of Kensington and Chelsea with such documents as are required for the local authority to undertake its duties under FER 2005, for those adopters and children where the children have entered the UK without a recognised overseas order having been made and for which the local authority intends to take responsibility for monitoring and reporting under FER 2005(2);
• Prepares post adoption reports as required by the State of origin in respect of all inter country adopters;
• Seeks adopters’ evaluation of the IAC services they have received;
• During the period prospective adopters are approved and awaiting a match invites them to join IAC Inter country Adopters’ Waiters Group and offers adopters places on one post placement/post adoption workshop, within two years of placement;
• IAC will also consider, on a case by case basis and subject to a separate agreement, undertaking other pieces of work as requested by RB Kensington and Chelsea where these concern a permanency placement with an international element.

A copy of IAC’s statement of purpose and information pack is available from the Tri Borough Adoption recruitment team. 

The IAC assessment procedure is in Appendix One: Inter-Country Adoption Centre Assessment Information.

(1) For example, withdrawal, Agency Decision Maker’s decision and DfE certificate issued, IRM, child match proposed, child due to return to England.

(2) In the unlikely event that IAC is required to attend court in connection with an inter country adoption application, Royal Borough of Kensington and Chelsea will be invoiced at the professional hourly rate pertaining at the time.

The administrative staff in the adoption service will provide IAC with the information for the local authority statutory checks on request.

When the assessment is completed the final report will be presented to the Inter country Adoption Centre’s Adoption Panel.

Where the prospective adopters are being assessed in relation to a particular child, the social worker should obtain the maximum available information on the child and the assessment before referring to IAC.

3. After the Adoption and Permanency Panel’s Recommendation

After the Adoption Panel has considered the report and made a written recommendation and the IAC Agency Decision Maker makes a decision as to the approval of the applicant based on the Panel’s recommendation.

IAC informs the Royal Borough and processes the paper work and sends to the DfE so that a certificate of eligibility can be issued.

4. Representations/ Review Procedure

If the Agency Decision Maker (Adoption) decides not to approve the application, IAC will advise the Royal Borough and administer the representations procedure  including any referral to the Independent Review Mechanism. 

Independent Review Mechanism

Prospective adopters being assessed under the 2003 Hague Regulations to adopt a child under the Hague Convention (1993) will have the right to apply to an Independent Review Panel for a review of their adoption agencies qualifying determination (i.e. that the adoption agency does not propose to approve them as suitable to be adoptive parents).

The British Agency for Adoption and Fostering (BAAF) operates independent review panels on behalf of the Secretary of State for Education and Skills. The review panel is not a higher appellate authority and it cannot overturn this agencies determination.

The function of the panel is to review the agency’s determination taking into account the information that was before the agency Panel and any relevant information the agency received after the Adoption Panel hearing. The Review Panel will also consider the grounds set out in the application for review and make a new recommendation to the agency on the applicant’s suitability to be an adoptive parent. The applicants’ written application for Review must be received by the Independent Review Panel Business Support Officer within 40 working days of the date of this letter. The application should be sent to:

The Independent Panel Review Business Support Officer,
Dolphin House,
54 Coventry Road,
Birmingham,
B10 ORX.

Tel: 0121 766 8086,
E-mail: irm@baaf.org.uk

Further information can be found on BAAF’s website.

5. After Approval

Convention Countries and Designated Countries

Where there is a possible match, the DfE will receive information about the proposed match from the overseas authority and send this to the adoption service and the prospective adopters. An IAC adoption worker will be allocated to share the information with the prospective adopters and must meet with them to discuss the proposed match within 10 working days.

Where the prospective adopters receive this information directly from the overseas country, they must share this with the adoption worker who must keep the DfE informed.

The arrangements for the placement will then proceed and will vary from country to country: the placement will proceed on the basis of an Interim Adoption Order, full Adoption Order or on the least likely basis that an Adoption Order will be obtained in the UK.

The prospective adopters must obtain a British passport or seek clearance for the child to enter the UK, as necessary, from the nearest British Embassy, Consulate or High Commission.

Before the child’s arrival in the UK, IAC will  notify details of the proposed placement to the child’s GP (with as much information as is available about the child’s health), the local authority where the child will live (if different) and the relevant local education authority (if the child is of school age or is considered to have special needs).

Where there are no suitable children to match with the prospective adopters, the overseas authority will usually notify the DfE, and they will notify the adoption service. An adoption worker will be allocated to inform the prospective adopters and assist them to decide what further action to take, including a further report to the Adoption and Permanency Panel seeking approval for a different country.

Non-Designated Countries (Overseas Adoptions)

The prospective adopters will often be notified directly by the overseas authority or their agent in which case they should notify the IAC adoption worker who should in turn notify the DfE and the Royal Borough (Tri Borough) adoption service.

Where the prospective adopters receive this information directly from the overseas country, they must share this with the adoption worker who must keep the DfE informed. 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.

The  adoption worker will meet with the family  to discuss the proposed match with the prospective adopters and must inform the DfE using the prescribed  DfE template A. The allocated worker must meet with the prospective adopters and discuss the proposed match with them within 10 working days. This discussion should cover the following:

• Consider the prospective adopters capacity to meet the needs of the child;
• If necessary, provide counselling service and any further information the prospective adopter may require, this may include liaison with the Medical adviser;
• Provide information, written, about assessment of their needs for adoption support services if requested (see Adoption Support Services Procedure);
• Inform the prospective adopter that neither the agency nor the DfE are able to verify the veracity of any health information provided and there may be uncertainty about the child’s background, health and development needs;
• The prospective adopter should not feel obliged to make a swift decision;
• Where the prospective adopter decides not to proceed they may ask the relevant authority in the State of origin to match them with another child. Generally they will be expected to provide reasons in writing for not accepting a match.

The prospective adopters must then decide if they wish to proceed with the proposed match. Whatever their decision, they must inform the adoption worker, and the adoption worker must inform the DfE who will notify the overseas authority.

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 must visit the child. Where the local authority (RBKC) intends to take responsibility for monitoring and reporting under FER 2005 an adoption social worker will make a joint visit with the IAC social worker to effect a formal transfer of the case.

If the prospective adopter has visited the child and decides to proceed, they will need to notify the agency (RBKC) in writing, including any additional reports and their expected date of return to the UK. The social worker should remind the prospective adopter that failure to visit the child or provide written notification may prevent a Convention adoption going ahead and is an offence under section 83 of the Act in non-Convention cases.

If they intend to accept the match, the adoption worker should notify the DfE of their decision.

The arrangements for the placement will vary from country to country; the prospective adopters will either adopt the child in the child’s country or bring the child to the UK for the purposes of adoption in a UK Court. Any adoption order that is made in a non-designated country, however, will not be recognised in the UK.

The prospective adopters must seek clearance for the child to enter the UK from the nearest British Embassy, Consulate or High Commission.

6. After Arrival in the UK

The prospective adopter must accompany the child on entry in the UK. In the case of a couple, both must accompany the child unless the relevant authority in the State of Origin has agreed only one needs to do so.

Where the child was placed with the prospective adopter without any of the following:

• A Convention Adoption certified under Article 21;
• An interim adoption that will become a Convention Adoption;
• An overseas adoption under section 87 of the Act;
• Or an interim adoption that will become an overseas adoption under section 87 of the Act.

Regulations require that the prospective adopter must contact their local authority (RBKC), or the authority in which they live if different, within 14 days of the child entering the UK to notify the local authority of the child’s arrival in the UK and their intention to apply for an adoption order in accordance with section 44(2) of the Act or not to give the child a home.

Prospective adopters should be made aware that they commit an offence if they fail to give notice within 14 days and, if convicted, the maximum penalty is 12 months imprisonment and an unlimited fine.

The Local Authority must:

• Set up a Case Record in respect of the child with information from State of origin, the agency that assessed the proposed adopter, the prospective adopter, the Entry Clearance Officer and the DfE;
• Send and put on the record copies of notifications to the GP, Primary Care Trust and local education authority;
• Put on record a copy of any adoption or interim adoption order from the State of origin;
• Put on record, records of visits and reviews and any reports to the State of origin;
• Once an adoption application is made, prepare a Court Report in relation to the application.

Convention Countries:

1. Where the child is the subject of an interim Convention Adoption order, the adopters must notify the adoption service of the child’s arrival and the child should be treated as Privately Fostered until the full adoption order is made. The same duties to visit and review the case will apply as in 1) above.
   
   Convention countries may require post placement reports to be made on the progress of the child prior to the adoption being finalised. Adopters have a duty to make arrangements for these to be provided. Where a request is made to the adoption service, an adoption worker will be allocated to complete the report as required by the Convention country.
   
   Once the adoption order has been finalised, the overseas authority will issue a certificate; a copy of which will be forwarded to the adoption service.
   
   The adopters should then be advised to change the child’s immigration status and arrange for the adoption to be registered;
2. Where the child is the subject of a full Convention Adoption order at the time of arrival, a copy of the certificate confirming the child’s status will be sent to the adoption service. The adopters should then be advised that they may arrange for the adoption to be registered.

Designated Countries:

1. Where the child has been placed on the basis that an adoption would take place in the UK, the prospective adopters must notify the adoption service within 14 days of arriving in the UK with the child of their intention to apply for an adoption order. (Failure to do so is a criminal offence). An adoption application cannot, however, be made until the child has lived with the adopters for 6 months or more. A Court Report will be necessary.
   
   The child has the status of a ‘Privately Fostered’ child until an adoption order is made and the adoption worker will monitor the child’s welfare by regular visits to the family home as set out above.
   
   Where the child is the subject of an interim Adoption order, the adopters must notify the adoption service of the child’s arrival and the child should be treated as Privately Fostered under sections 66 and 67 of the 1989 Children Act until the full adoption order is made;
2. Regular welfare visits should be carried out until the full adoption order is made. When an interim adoption becomes a full Convention or overseas adoption no further action is needed as the adoption is automatically recognised in UK law. In a Convention adoption the relevant authority in the State of origin will issue a certificate stating that the adoption is a convention adoption. A copy will be provided to the adopters and the Agency.
   
   Designated countries may require post placement reports to be made on the progress of the child prior to the adoption being finalised. Adopters have a duty to make arrangements for these to be provided. Where a request is made to the adoption service, an adoption worker will be allocated to complete the report as required by the designated country.
   
   The prospective adopters should be requested to notify the adoption worker once the adoption order has been finalised.
   
   The adopters should then be advised to change the child’s immigration status, apply for British citizenship and arrange for the adoption to be registered;
3. Where the child is the subject of a full adoption order at the time of arrival, the adoption is automatically recognised in the UK. The adopters should be advised that they may arrange for the adoption to be registered.

Non-Designated Countries:

In the case of children adopted from non-designated countries, the adoption order is not recognised in the UK and an Adoption Order will need to be made in a UK Court. The prospective adopters must notify the  local authority  within 14 days of arriving in the UK with the child of their intention to apply for an adoption order. (Failure to do so is a criminal offence). An adoption application cannot, however, be made until the child has lived with the adopters for 6 months or more. A Court report will be necessary.

Upon receipt of notification from the adopters, the tri Borough adoption service will arrange for a suitably qualified social worker  to visit the child - the first visit will be made with the assessing IAC social worker. Thereafter it is the local authority’s duty  to monitor the child’s welfare under the FER 2005. The child is a privately fostered child until an adoption order is made and the local authority social worker will monitor the child’s welfare by regular visits to the family home as set out above.

The allocated worker must meet the same qualifications and experience criteria as the authors of reports to the Adoption and Permanency panel.

Written reports must be made of each visit and placed on the child’s Adoption Case Record.

The child should be visited within one week of receipt of the notice of arrival in the UK and then at weekly intervals until the first review of the placement which should be 4 weeks after notice of arrival has been received.

The reviews should consider the child’s needs, welfare and development, any assessment for adoption support services needed, and the need for further visits and reviews. A further visit and/or review should be considered to take place after 3 months and then at 6 monthly intervals until the child is formally adopted in the UK. In the case of children adopted form Hague and designated countries reviews are not necessary but the state of origin frequently requires the UK adoption agency to send reports to the state of origin until the adoption is finalised there. Requirements vary from country to country.

Adoption Applications in the UK - All Cases

When an adoption application is made to a UK court, the Court will notify the local authority for the area where the child lives and request that a Court Report is supplied directly to the court.

Upon receipt of notification from the Court, the tri Borough  adoption service will arrange for  the relevant locality social worker  to prepare the Court report. The worker must include in the report the content and outcome of the Home Study/assessment which will be provided by IAC..

The child must have lived with the adopters for at least 6 months before an Adoption Order can be made or, if the adopter has failed to comply with Regulations, 12 months.

When an Adoption Order is made in a UK court, the child automatically receives British nationality on the date of the Order where one or both of the adopters is a British citizen.

Where the adopters are not British citizens, they will need to seek clearance to allow the child to remain in the UK, on the same basis as them.

If two years after placement, no application to adopt has been made the Local Authority must review the case and consider:

• The child’s welfare and any changes needed to meet the child’s needs, including health and education;
• Arrangements in regard to the exercise of Parental Responsibility for the child;
• The immigration status of the child and the terms on which leave to enter UK was granted;
• The reason/s why no adoption application has been made and the options for the child’s future permanence;
• A plan should be discussed with the proposed adopter for securing permanent legal status for the child and set out action required to secure the child’s immigration status until such time as permanence is secured. This may need discussions with the Home Office.

7. Post Adoption Reports

Many countries expect to receive progress reports on the child to be sent at regular intervals. It is for the adopters to commission such reports from a suitably qualified and experienced worker at their own cost. IAC will provide these reports to the sending countries consistent with any undertakings given to the child’s state of origin. The reports, once prepared, must be provided to the adopters who will forward them to the overseas authority or the DfE as necessary.

8. Post Adoption Support

Families who have adopted from abroad are eligible for assessment for adoption support as set out in the Adoption Support Services Procedure.

1. An assessment of the need for post-adoption support should be carried out at the request of an adopted child or a member of the adoptive family;
2. The assessment will be carried out by a social worker in the Adoption Service; a referral should be made to the Locality Team for the area where the child lives if there are child protection concerns or a possible need for the child to be Looked After;
3. The assessment will involve consultation with the child, the adopters and other agencies as appropriate, following the same principles as contained in the Assessment Framework;
4. Whilst there is an expectation that individuals will only adopt children from overseas where they are able to support them financially, circumstances may change and inter country adopters may request an assessment for financial support in the same way as other adopters;
5. The assessment should be written and copies provided to the child (if old enough) and the adoptive parents. Services should be provided as soon as practicable thereafter where the need for services is identified.

The services should be incorporated into an Adoption Support Plan and a copy of the Plan should be supplied to the child (if old enough) and the adoptive parents.

Where there is on-going work involved in an Adoption Support Plan, this should be reviewed after six months or earlier if necessary. The review date should be determined at the time the Adoption Support Plan is agreed.

9. Placement Breakdown

If, after the child is placed, the prospective adopters decide not to proceed with the adoption or an adoption order is refused or a Convention Adoption order is annulled, the child must be considered as a Child in Need and the child’s social worker must assess the child in accordance with the Assessment Framework, including whether it remains in the child’s interests to be placed in the UK and be placed with an alternative adoptive family.

With help and support the adopters may feel able to resume the care of the child and this should be explored. A referral should immediately be made to the relevant local area Family Services team.

Where it is determined that it would not be in the child’s best interests to remain in the UK, the child’s social worker must notify the DfE. The DfE will notify the relevant overseas authority, which will make arrangements for the return of the child.

Where it is determined that it would be in the child’s best interests to remain in the UK, the child’s social worker must notify the DfE and take the necessary steps to identify a suitable alternative placement in accordance with the Placement for Adoption Procedures and amend the child’s immigration status. A referral should immediately be made to the relevant locality Family Services team.

Once an adoptive family has been identified, the child’s social worker will notify the DfE. The DfE will advise the child’s country of origin of the change.

10. Annex One

• Adopters wishing to adopt from overseas must be either domiciled or habitually resident in the UK. If at least one prospective adopter of a couple is a British Citizen and THE UK is their main residence where they intend to stay this would meet domicile criteria as would a situation where a prospective adopter has been given indefinite leave to remain in UK by the Home Office. However, others may also meet the criteria where UK is their domicile of choice and they can prove their intention to settle in the UK and adopt its laws. Being a citizen in the European Union does not automatically confer domicile and it is unlikely that anyone who is resident in UK on a time limited work permit would meet the criteria;
• To meet the habitual residence criterion both partners of a couple wishing to adopt from overseas must have been habitually resident in the UK for at least one year ending with the date of the application to the Court for an adoption order;
• This is an extremely complex area where legal advice is essential where there is any uncertainty.

Appendix One: Inter-Country Adoption Centre Assessment Information

Click here to view Appendix One: Inter Country Adoption Centre Assessment Information.

End