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4.1.4 Adoption Support

RELEVANT LEGISLATION AND GUIDANCE

Adoption and Children Act 2002

Adoption Support Services Regulations 2005

Chapter 9, Adoption and Children Act 2002 Guidance (issued February 2011)

National Minimum Standards for Adoption 2011

Guidance on Assessing the Support Needs of Adoptive Families (2008)

AMENDMENTS

These legislative references were updated in September 2011.


Contents

  1. Legal Context
  2. Guiding Principles
  3. General Responsibilities to Provide Adoption Support Services
  4. Financial Assistance
  5. General Adoption Support Services
  6. Cross Boundary Arrangements
  7. Assessment for Adoption Support Services and the Adoption Support Plan
  8. Provision of Adoption Support Services
  9. Support Groups and Information for Adoptive Parents and Children
  10. Support for Contact Arrangements
  11. Therapeutic Services
  12. Services to Maintain the Placement
  13. Counselling, Advice and Information
  14. Case Records
  15. Protocol for Carrying out the Role of Adoption Support Services Adviser
  16. Disruptions

    Appendix 1: Provision of Adoption Support Services – Tiers 1, 2 and 3

    Appendix 2: Assessment for Adoption Support Services

    Appendix 3: Adoption Support Service Map


1. Legal Context

1.1 The statutory requirements of an adoption support service are enshrined in the Adoption and Children Act 2002 and the Adoption Support Services Regulations and Guidance 2005.


2. Guiding Principles

2.1 At all times the adoption service seeks to act reasonably when deciding whether to provide support services following an assessment. However, the requirements as laid out in the regulations do not automatically require the provision of a service and where a service is not offered, clear reasons will be given. Where the adoption support service is unable to provide a service the service will, by agreement and wherever possible, refer the person to an appropriate agency or service. (Appendix 2, Assessment for Adoption Support Services contains full details of who may receive a service.)
2.2 The adoption support service covers both new and existing adoptions, including those from overseas, recognising the life long commitment and implications of adoption. Adoption support services may be available at any point in the adoption process.
2.3 It is important that adoption and other specialist services are not seen in isolation to mainstream services. The adoption support team will seek where at all possible to help adoptive families to access mainstream services.
2.4 The adoption support service is particularly targeted at those children adopted who have been previously Looked After by the local authority. However, families adopting through non-agency arrangements are entitled to Tier 1, universal adoption support services and those adopting from abroad are entitled to an assessment of need and may be entitled to targeted support services. (See Appendix 1: Provision of Adoption Support Services – Tiers 1, 2 and 3.)
2.5 The adoption service works in partnership with other agencies, both statutory and non-statutory, to offer a comprehensive range of services. Commissioning arrangements are underpinned by written agreements and are reviewed at regular intervals.
2.6 The adoption support services will be delivered in a manner that ensures equality of access, valuing all those affected by adoption and ensuring that they are treated with respect and professionalism.
2.7 The adoption support service recognises that the needs of children and families involved in adoption may change over time, reflecting the lifelong implications for all concerned. The service will therefore work together with all parties to help meet these changing needs.
2.8 The adoption support service actively seeks to promote the fullest possible access to the service. A comprehensive range of information leaflets is available for service users.  A range of languages and formats will be available on request. Oral and written communications are made available where necessary in a format which is appropriate to the service user.  Arrangements are made for those who are unable to understand any document to have it read, translated or explained to them.
2.9 The provision of services and service user satisfaction are monitored and evaluated. Service user involvement is actively encouraged in relation to individual service provision and in relation to service development.
2.10 All members of staff employed permanently or sessionally have access to Peterborough Safeguarding Children Board's Safeguarding Procedures Manual which is accessible via the button on the bottom left hand side of the page. Steps are taken through training and individual instruction to ensure that staff members are familiar with these procedures and comply with them.
2.11 Where the service provision involves a child, his or her wishes and feelings will be listened to and the welfare and safety of the child will be the paramount consideration.
2.12 Where the service provision involves an adopted adult and/or his or her birth relatives, the wishes, feelings and the welfare and safety of the adopted adult will take precedence over those of the birth relatives, in accordance with the National Minimum Standards for Adoption Support Agencies.  An exception to this may be when an adopted adult wishes to have further contact with a birth family member who does not wish to do so.
2.13 The adoption agency will inform service users of their rights to make representations and complaints under the Complaints Procedure.


3. General Responsibilities to Provide Adoption Support Services

3.1

The adoption agency will provide the following services in accordance with regulations:

  • Financial support. 
  • Support groups for adoptive parents and children.
  • Support for contact arrangements between adoptive children and their birth relatives or other people with whom they have significant relationships
  • Therapeutic services
  • Services to help maintain the success of the adoptive placement or adoption
  • Counselling, advice and information
  • Access to information for adoption orders made before 30 December 2005 (pre-commencement adoptions) and those made on or after 30 December 2005 (post commencement adoptions) – see Access to Birth Records and Adoption Case Records Procedure
  • Intermediary Services – see Intermediary Services Procedure.


4. Financial Assistance

4.1

This section was updated in November 2009.

The Statutory requirements of an Adoption Support Service are enshrined in the Adoption and Children Act 2002 and the Adoption Support Services Regulations and Guidance 2005.

The Adoption Support Service covers both new and existing adoptions recognising the lifelong commitment and implications of adoption.

It is not the intention of statutory regulations that fostering should become an alternative route to adoption, attracting preferential arrangements for financial support. Therefore, regulation and guidance must be applied in the spirit in which it is written and was intended. The specific regulations and guidance relating to foster carers adopting children in their care are designed to ensure that foster carers are adequately supported to adopt a child in their care where this has been identified as the most appropriate way of securing the child's welfare. Also, to make transitional arrangements to enable the carers adjust to the loss of remuneration for providing care. Only in exceptional circumstances may the local authority continue to pay beyond the transitional two years, a fee element in the ongoing financial support to a former foster carer adopting.
4.2

Financial support is not an entitlement and may be given for a set of specific circumstances to overcome any financial obstacles to a child being adopted at the discretion of the Local Authority.  In all cases any financial assistance will be means and needs tested and will need approval by the finance panel which is held on a four weekly basis. Any agreement to give financial assistance will be agreed for a specified time and is not necessarily a life long commitment.  Financial assistance if given to enable the family to financially adjust to their new responsibilities and is considered in the following circumstances;

  • Where the child needs special care which require a greater expenditure of resources because of, illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect. This financial support is where the child's condition is serious or lifelong. 
  • Where it is necessary to ensure the adoptive parent can look after the child, this circumstance is unusual as part of the prospective adopters assessment will look at their financial viability.
  • Where it is necessary for the Local Authority to make special arrangements to facilitate the placement or the adoption by reason of;  
  • The age or ethnicity of the child, or
  • The desirability of the child being placed with the same adoptive parents as his/her biological sibling or a child with whom he/she has previously shared a home.
  • Where the support is to meet recurring high costs of contact arrangements.
  • Where the local authority considers it appropriate to make a contribution to meet the following kinds of expenditure. 
  • Legal costs
  • For the purposes of introducing a child to their adoptive parents
  • Expenditure needed for accommodating and maintaining the child, including furniture and domestic equipment, adaptations to the house etc, which is not covered by the settling in grant.
All financial payments are less child benefit.

4.3


Settling in Grant

All prospective adopters receive £500 per child settling in grant. This is non means tested and allows the family to meet the basic costs of introducing a child to their home.  Where the child has very specific needs e.g. a disability which requires high cost adaptations, this will need to be presented to the finance panel for consideration. This grant is non means tested and proof of expenditure is not required.
4.4

Where financial support is paid as an ongoing grant, this will be means tested on an annual basis.  Needs assessments will be undertaken by the adoption team at no more than two yearly intervals from the commencement of the arrangement.

Prospective adopters MUST be informed that any financial agreement is not a life long obligation and is subject to both a means and needs test review which will be considered by the finance panel.
4.5

Financial support does not usually include the payment of remuneration i.e. fees or salaries to adoptive parents. However, where the adoptive parents previously fostered the child they are adopting, and they received remuneration as the child's foster parent, the local authority may continue to pay that remuneration for two years from the date of the adoption order. If the case is considered to be exceptional (under the reasons outlined above) the payments may continue beyond this point. Payments under adoption allowance will not attract the holiday, religious festival, birthday allowances or respite allowance contained within the fostering allowances.

It is vital that foster carers who go on to adopt are made aware of these differences in payments at the earliest stages of discussions about adoption. 


4.6


Cessation of financial support

Financial support ceases to be payable to the adoptive parent if;

  • The child ceases to have a home with them.
  • The child ceases full time education or training and commences employment.
  • The child qualifies for Income Support or Jobseekers allowance in his/her own right.
  • The child reaches the age of 18 unless they continue into full time education.

4.7


Continuation of full time education post 18

It will be unusual for an adopter to continue to receive financial support for their adopted child once they reach 18. If the child continues in further education beyond 18 the payment of any financial support will only be given if the child's situation meets the criteria laid out above. The child or adopter will be expected to claim any benefits available e.g. student loans, EMA as with any other non-adopted child. Any payment will be means and needs tested and the case will be considered by the finance panel and will need supporting evidence by the assessing social worker as to why this payment is required and what will be the detriment to the young person if it is not
4.8

Where financial support is paid on an ongoing basis as a regular allowance the adoptive parent must agree;

  1. They will inform the authority immediately if they change address; the child dies, if any of the changes mentioned in the cessation of payments occur. Or if there is a change in the adopter's financial circumstances or the resources the child requires. 
  2. Where the information is given verbally the adopters will confirm it in writing within 7 days.
  3. To complete and supply an annual financial assessment and confirm annually the child still has a home with them.
  4. Failure to complete and return the financial assessment within 28 days of the due date will result in the cessation of payments at the 28 day point, which will not be reimbursed if the financial assessment is later completed.


5. General Adoption Support Services

5.1

Having regard to their entitlement to services, the local authority shall carry out an assessment for adoption support at the request of:

  • An adoptive parent
  • An adoptive child; or
  • A child of an adoptive parent
  • Persons wishing to adopt
  • Birth parents
  • Former Guardians
  • Natural siblings of adoptive children
  • Relatives of the adoptive child or other persons with whom the child has a beneficial relationship.

Appendix 2, Assessment for Support Services sets out the entitlement to services of each of the above categories.
5.2 In relation to adoptive parents and children, those eligible are those who are resident within the Peterborough borders. This will include both those families assessed and approved through Peterborough City Council and those who may have been assessed by other agencies but who now live within Peterborough borders.
5.3 Where a child being placed for adoption is Looked After and placed by Peterborough City Council, the adoption support team will carry out the assessment of a person entitled to be assessed, regardless of which adoption agency is responsible for the applicants’ approval.
5.4 Where the child has been adopted following placement by Peterborough City Council, the adoption support service will assess any related persons entitled to adoption support.
5.5 In relation to non-agency adoptive families resident in Peterborough requesting support, the adoption support team will carry out the assessment.  However, in the event of the family moving away from Peterborough, the responsibility for support will be exercised by the new local authority.


6. Cross Boundary Arrangements

6.1 As prescribed in the regulations, cross boundary arrangements between agencies will apply in relation to the responsibility to provide adoption support services.
6.2 The local authority where the adopters live is responsible for undertaking an assessment of need and provision of any adoptive support services in response to that assessment. The only exception to this is in cases involving an adoption arranged by Peterborough City Council.
6.3 Where an assessment for adoption support is requested in relation to a child placed outside Peterborough by Peterborough City Council and subsequently adopted, Peterborough City Council provides the assessment and provision of services for the child, the adopter and the children of the adopter and remains the responsibility of Peterborough City Council being the placing local authority for three years, beginning with the date of the adoption order.
6.4 Wherever the family lives during the three year period, if the family move during this period or if there are any significant changes in their circumstances, Peterborough City Council may undertake a re-assessment and alter the support plan as appropriate, including any contact arrangements that are part of the plan.
6.5 Regardless of where the adoptive family chooses to live, Peterborough City Council, as the placing authority, will continue to be responsible for managing and supporting contact arrangements, such as Post Box contact arrangements agreed in accordance with AAR 46 prior to the Adoption Order and any changes to those arrangements at any time.
6.6 All ongoing financial support agreed by a placing authority prior to the making of an Adoption Order remains the responsibility of the placing authority.  Those arrangements made subsequent to the making of the Order will be subject to the cross boundary arrangements.


7. Assessment for Adoption Support Services and the Adoption Support Plan

7.1 An assessment of need for adoption support services will be carried out in accordance with the principles of the Framework for the Assessment of Need of Children and their Families.
7.2 An assessment for adoption support will be carried out in preparation for Peterborough’s Adoption Panel to consider whether a named child should be placed for adoption with approved prospective adopters – see Adoption Planning for Children Procedure.
7.3 An Adoption Support Plan will be developed for all Peterborough City Council proposed adoption placements.  Where there is a resource implication above Tier 1 Universal Services (see Appendix 1: Provision of Adoption Support Services – Tiers 1, 2 and 3), an Adoption Support Plan will be presented to the Designated Manager (Adoption Support) for approval.
7.4 Cases should be presented to the Designated Manager (Adoption Support) for approval of the plan as early as possible and in all cases before presenting to the Adoption Panel and/or before the final Care Plan is prepared for submission to court.
7.5 An adoptive family’s support needs as recorded in the Adoption Support Plan will be reviewed at the time of writing the Adoption Placement Plan and during the Placement Planning Meeting – see Adoption Planning for Children Procedure.
7.6 A further review of adoption support will be carried out at the first statutory Adoption Review of the placement and at all subsequent reviews until the Adoption Order is made.
7.7 Following the assessment, notice will be given to the adopters as to the recommendation from the agency and the proposed Adoption Support Plan. The applicants will have 28 days in which to reply in writing, either to make representation or to agree to the plan. The decision will be confirmed in writing to the adoptive parents, and where appropriate the child, within 10 working days.
7.8

The Adoption Support Plan will contain the following:

  • the objectives of the plan and the key services to be provided
  • the time-scales for achieving the plan
  • those responsible for implementing the plan, the respective roles of others - what will be provided by whom and by when
  • the criteria that will be used to evaluate the plan
  • the procedures that will be put in place to review the plan.
7.9 The local authority will consult with education and health professionals in relation to the contents of the Adoption Support Plan. Where a child is to be placed outside Peterborough, this will involve consultation with the relevant agencies in the area of the proposed placement.
7.10 In circumstances where a one off service is to be provided, an Adoption Support Plan will not be needed and the notification letter of the outcome of the assessment will confirm the arrangements.
7.11 A copy of the Adoption Support Plan will go to all those involved in implementing it and to the recipients of the service.
7.12 All plans will be reviewed annually by the adoption support team following the Adoption Order, unless there is a change in circumstances necessitating an earlier review.  The recommendations of the review will be subject to the same notice and representation arrangements as the initial plan.
7.13

An assessment in respect of support to contact arrangements will only be provided at the request of:

  • a birth parent or relative of the adoptive child
  • a person with whom the adoptive child has an important relationship.


8. Provision of Adoption Support Services

8.1 Adoption support services are represented by three tiers within which eligibility is determined according to need (see Appendix 1, Provision of Adoption Support Services - Tiers 1,2, and 3).
8.2 Tier one or universal services are available to all Peterborough residents without recourse to an assessment of need.
8.3 Targeted and Specialist services will require an assessment of need, either following referral or where they have been identified as part of an adoption support package agreed at the point of matching or placement.
8.4 In the event of services being over subscribed, families and children will be informed of how services will be prioritised.  Whenever possible, alternative dates or resources will be offered and timescales given within which applicants can expect to receive services.


9. Support Groups and Information for Adoptive Parents and Children

9.1 Regular monthly support groups will be available. They will vary in response to demand and user feedback. However, some will be arranged around a topic, others may be a workshop format.
9.2 The Newsletter, with details of groups will be available at least twice a year and sent to all local adopters and Peterborough City Council arranged adoptions.  Specific flyers may also be sent out at other times.
9.3 Children’s activities will also be available through the adoption support team.


10. Support for Contact Arrangements

10.1 Peterborough City Council is responsible for managing and supporting    contact arrangements, including letterbox arrangements agreed prior to the making of an Adoption Order and to manage any changes over time.
10.2 Indirect contact arrangements and direct contact arrangements following the making of an adoption will be supported via the Post Box contact system and the adoption support team. The adoption support team will handle enquiries which require the assistance of a social worker. A response will be made within 48 hours.
10.3 Direct contact which involves an adopted child or children and a child or children Looked After by Peterborough City Council will be co-ordinated by the relevant child’s social work team.
10.4 Direct contact arrangements will be supported by a named worker who will contact all parties prior to contact, assist in the arrangements and review post-contact.
10.5 In all cases, there will be an annual review of all direct contact arrangements to ensure best practice.
10.6 An annual evaluation form will be sent to all users of the letterbox service.


11. Therapeutic Services

11.1

The provision of therapeutic services may be agreed following an assessment of need.  Once agreed, therapeutic services may be delivered through:

  • the adoption support team
  • the Child and Adolescent Mental Health Services, subject to their acceptance of the referral
  • arrangements which Peterborough City Council may make with voluntary agencies and individual providers.


12. Services to Maintain the Placement

12.1 There will be regular training sessions available for adoptive parents on a variety of issues, particularly those issues which are known to be related to disruption.
12.2 An adoption preparation course is held regularly to support the understanding of prospective adopters.
12.3 Child behaviour management courses are available for adopters at regular intervals throughout the year, aimed at different children’s age groups.
12.4 Individual support by a named social worker from the adoption support team may also be offered by the adoption support team, both to families, adults and children. 


13. Counselling, Advice and Information

13.1 A series of leaflets is available, for all those affected by adoption. These can be dispatched within five working days. An initial response will be available within 48 hours.
13.2 A duty system operates daily and calls will be returned by a social worker if appropriate within one working day.  This will provide information, signposting and initial counselling as appropriate.
13.3 Individual counselling can be offered by members of the adoption support team or an independent worker.


14. Adoption Case Records

14.1 Peterborough City Council is responsible for maintaining Adoption Case Records for all those cases where it is the Placing Authority. All adoption support records regardless of whether Peterborough City Council is the Placing Authority will be treated in the same way and maintained for 100 years from the Adoption Order being made.  See Adoption Case Records Procedure.


15. Protocol for Carrying out the Role of Adoption Support Services Adviser

15.1 The statutory responsibilities of Adoption Support Services Adviser are vested in the post of Head of the Adoption Service.  The Head of Adoption Service will be directly responsible for promoting and maintaining the necessary agreements at strategic level across agencies and for the overall management of the financial support budget.
15.2 In order to be able to respond quickly and constructively to problems and signposting issues as they arise, the responsibility for agreeing financial support within departmental criteria and financial delegation will be delegated to the Adoption Service Manager, who also holds responsibility for ensuring that assessments of need are carried out in accordance with departmental policy and procedures and that resources are allocated appropriately within the adoption support service.
15.3 The Adoption Support Services Adviser will be the point of contact for other agencies seeking to negotiate adoption support packages and cross boundary issues, referring matters to the relevant manager where they cannot be resolved at team manager level. However, in relation to individual requests for adoption support services, the Adoption Team members will be the first point of call on a duty basis.
15.4 The Adoption Support Services Adviser will report to the Service Manager with responsibility for Adoption on a regular basis, and will produce an annual report for elected members


16. Disruptions

16.1 Adoptive families will be supported should the placement disrupt either prior to the Order or post Order (Section C).  Where a disruption occurs before an adoption order is made, see Adoption and Fostering Disruption Meetings - Responding to Unplanned Placement Endings Procedure.


Appendix 1: Provision of Adoption Support Services - Tiers 1,2, and 3

Click here to view Provision of Adoption Support - Tiers 1,2, and 3


Appendix 2: Assessment for Adoption Support

Click here to view table


Appendix 3: Peterborough Adoption Support Services

Click here to view Support Service Map

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