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4.1.12 Specialist Advisers and Roles

RELEVANT LEGISLATION AND GUIDANCE

Adoption and Children Act 2002

Adoption Agencies Regulations 2005, Regulations 8, 9 and 26

Adoption and Children Act 2002 Guidance, 2011 – Chapters 1, 2, 3, 4

National Minimum Standards 2011– Standard 17

AMENDMENTS

This chapter was amended in September 2011 to take account of the Adoption National Minimum Standards 2011 and Adoption Guidance 2011. Changes have been made to reflect that there is no longer a fixed membership of the Adoption Panel (but a Central List from which a Panel is drawn.)  Section 5, on the Agency Decision Maker, should be read in its entirety.


Contents

  1. Scope of Specialist Advisers
  2. Protocols for Specialist Advisers
  3. Appointment of other Advisers
  4. Individual Appointments
  5. Protocol for Agency Decision Maker


1. Scope of Specialist Advisers

The Adoption Agency has access to specialist advisers and services appropriate to its needs.  These include the Agency Adviser to Panel, the Medical Adviser and the Legal Adviser.

The Agency also has access to other specialisms according to the need. These include issues of race and culture and specialist advice associated with adopting from another country.

There is also a protocol to govern the role of the Agency Decision Maker.


2. Protocols for Specialist Advisers

There is a written protocol concerning the role of one Agency Adviser to Panel, and the Medical and Legal Advisers.


3. Appointment of other Advisers

There is a separate protocol governing the Agency’s commissioning of advice from other specialisms.

All specialist advisers will be suitably qualified and where applicable, registered by the appropriate professional body. Appointments will be in accordance with the Agency’s recruitment procedures.  All appointments will be subject to an appointment agreement. Appointments will be subject to annual appraisals and review. All advisers will be subject to three yearly CRB, enhanced, clearance. All advisers will have full regard to the requirements of confidentiality.  All advisers will agree to declare any conflict of interests.


4. Individual Appointments

Agency Adviser to the Adoption Panel

The Agency appoints a senior member of staff as the ‘Agency Adviser’ to the Adoption Panel.  This role is currently vested in the Adoption Team Manager. The Agency Adviser –

  • Assists with the appointment, termination and review of members of the Central List.
  • Is responsible for the induction and training of those on the Central List
  • Is responsible for liaising between the Agency and Panel, monitoring the performance of members of the Central List and the administration of Panel.
  • Gives advice to Panel as requested in relation to specific cases and generally.

The Agency Adviser to Panel will always be an individual with at least five years relevant post-qualifying experience; is not a Panel member, but attends Panel to give advice.

The Agency Adviser will be responsible for monitoring and undertaking an annual appraisal of the performance of those on the Central List. He or she will also maintain an overview of the quality of reports to Panel and where concerns arise, agree with Panel Chair the necessary actions.

The Agency Adviser also updates Panel regularly on the progress of cases.

Medical Adviser

The Medical Adviser is appointed by the Agency to provide consultation to staff and to advise the Adoption Panel. The Medical Adviser can access specialist medical advice, as required, on behalf of the Adoption Agency.

Role

The Medical Adviser is consulted where the agency –

  • Arranges for the child to be examined and reports on the child’s health;
  • Arranges for health information to be obtained about the child’s parents, relatives, especially siblings;
  • The Child’s Permanence Report  is prepared, for which the Medical Adviser provides a summary;
  • Obtains a report on the health of prospective adopters;
  • Prepares the Prospective Adopter’s Report for Panel, for which the Medical Adviser provides a summary;
  • Prepares the adoption placement report for Panel.
  • Prepares the Court report where  there is an application for a Placement Order, for which the Medical Adviser prepares a summary on the health of the child;
  • Reviews the child’s case, particularly the agency’s arrangements for assessing and meeting the child’s health needs.
  • Prepare a Court report when an application for an adoption order or section 84 order has been made, for which a summary report by a Medical Adviser is required.

The Medical Adviser plays a crucial role in the Agency’s adoption services.

He/she will have expertise in child health and  health related issues which are important in considering the needs of children who are to be placed for adoption. The Medical Adviser also provides expert opinion on health matters relating to applicants who wish to adopt.

The Medical Adviser is on the Central List of Panel members. He/she will interpret the implications of medical information to lay and professional members. He/she will however, also make a full contribution to the wider work of the Panel. The volume of the Medical Adviser’s work will be monitored by the Adoption Team Manager through the annual appraisal, and more frequently if required, by either party.

Legal Adviser

The Agency appoints a Legal Adviser who will provide advice to the staff of the agency and to the Adoption Panel. The Legal Adviser is not on the Central List  but is expected to attend the Panel Meetings. The Legal Adviser is consulted where the agency –

  • Is considering whether a child should be placed for adoption and then the Agency must obtain legal advice;
  • Is considering whether a Placement Order should be applied for;
  • Is considering in relation to prospective adopters whether to make a brief report to the Adoption Panel; when in undertaking an assessment of prospective adopters, there are matters of domicile/habitual residence, previous convictions. In such circumstances the Agency may seek the advice of the Legal Adviser.
  • Is considering whether a particular child should be matched with specific adopters; in which case the agency may seek the advice of the Legal Adviser.
  • Is considering whether to recommend that a prospective adopter’s approval should be withdrawn.
  • Where other aspects of the work of one adoption agency require legal opinion and advice.

The Legal Adviser plays an important role in the work of the Adoption Agency. He/she will have knowledge of current proceedings relating to children being discussed at the Panel. He/she should be able to give a professional opinion regarding the likely outcome of any proceedings which the local authority is pursuing.

The role of the Legal Adviser is therefore, crucial in relation to the work of the Panel, and in relation to advice offered to staff of the Agency. Within Panel, the Legal Adviser will assist lay and professional members to have an understanding of legal issues.

The Legal Adviser will be a qualified Solicitor well experienced in child and family law and also a member of the Law Society’s Children’s Panel. 

The Legal Adviser should also be able to advise on legal issues related to inter-country adoption.

The Legal Adviser is able to contribute to training members of the Adoption Panel and the Agency’s staff.  The volume of the Legal Adviser’s work will be monitored by the Agency Team Manager annually and more frequently if required by either party.

Specialist Adviser Inter-Country Adoptions     

Peterborough City Council has an agreement with Parents and Children Together (PACT) to undertake the preparation, agreement and approval of inter-country adopters on its behalf, and referrals are made to that agency.

Where advice is required by the Agency in respect of inter-country adoption, the agency will consult with one or more of the following:

  • The agency’s Legal Adviser
  • PACT
  • Department for Education (Adoption from Abroad Section).

The Agency’s agreement with the Legal Adviser and with PACT incorporates the requirements in relation to appointment procedures, confidentiality, conflict of interests, appraisal and review.

Other Advisers

Where one agency seeks to access advice from other specialists, for example psychologists, it is the responsibility of the Adoption Team Manager to:

Ensure that the proposed adviser is appropriately qualified, and registered with any relevant professional body.

  • Is subject to a current enhanced CRB clearance check.
  • Understands requirements in relation to confidentiality
  • That there are no conflicts of interests
  • Is instructed with regard to the expectations of a specific engagement
  • Agrees any relevant terms and conditions.
  • That the outcome of the engagement is evaluated.

That any matters of concern are communicated if necessary during the period of engagement and certainly at the end of engagement, to the Head of Service.

5. Protocol for Agency Decision Maker

Reference: Adoption National Minimum Standards 2011 : Standard 17

The role of the Agency Decision Maker is again a crucial role within the Agency and should be vested in a senior person within the Agency who is not a member of the Central List of Panel members. This responsibility is currently vested in the Head of Service.

The role of the Agency Decision Maker is to receive recommendations from the Adoption Panel in respect of:

  • Whether a child should be placed for adoption
  • Whether a prospective adopter is suitable to adopt
  • Whether an individual child should be placed with particular prospective adopters.

Before reaching any decision, the Agency Decision Maker should:

  • Take into account all the information surrounding the case, including the minutes of the panel meeting at which the recommendation was made, the reports submitted to that Panel Meeting.
  • In reading the Panel Minutes, the Agency Decision Maker should have particular regard to the Panel’s reasons for making the recommendation and any particular concerns that are recorded in the minutes.
  • It should be noted that AR27.2 prohibits any members of the Panel from taking part in the Agency’s decision.

Where the Agency Decision Maker is minded to disagree with the Panel recommendation, he/she must first discuss the case with another senior officer with relevant experience, who must not be a Panel member, before arriving at a final decision. This discussion must be recorded and placed on the child's and the prospective adopter's Adoption Case Record.

The child’s birth parents and prospective adopters, as appropriate, are informed orally of the Agency Decision Maker’s decision within two working days and written confirmation is sent to them within five working days.

End