*Parents and Carers*

Getting information from foreign countries in care proceedings

Resources

The information set out here, is a summary from the three documents below.

The President’s Guidance from 2014 The International Child Abduction and Contact Unit (ICACU) (judiciary.uk)

The ICACU’s guidance on completing the request form icacu_request-for-co-operation-guide.docx (live.com)

Protecting Children and Families Across Boarders [CFAB] Kinship assessment guidance CFAB | International Kinship Care Guide. This guidance deals with

  • The steps which should be taken whilst identifying, assessing and preparing potential carers overseas for an international kinship care placement when the child is in local authority care.
  • The complexities in ensuring that orders are mirrored and/or recognised in the receiving country.
  • Recommendations for the ongoing relationship between the relevant authorities in each country to ensure that responsibilities are clear and are mutually agreed.
  • Barriers to permanency which would need to be considered before placement, or which would need additional support for the child and carer to ensure that the child has a successful and permanent placement.

This post is primarily concerned with cases where a local authority is looking to assess a family member who lives in another country. If you are considering transferring the proceedings themselves to another country, then see this Guidance from the President from 2016.

Care proceedings with an international element – how do you get information about family members? How do you assess them?

  1. An increasing number of cases have an international element. This brings with it almost inevitably great potential for delay and costs, in making inquiries and getting documents translated. It’s imperative that we do not add to these problems so we need to be alert when a case is likely to require consideration of the practices and procedures of another country, so we do not cause additional delay and we make sure that assessments or placement plans will be recognised by a foreign country.
  • As the introduction to the CFAB Kinship Care assessment guide sets out:

Both the Children Act 1989 and the UN Convention on the Rights of the Child place an emphasis on children remaining with family. The practicalities of supporting this across international borders are delicate and complex, requiring specialist guidance to ensure they are carried out properly and with the best interests of the child at the forefront. There is otherwise the risk of vulnerable children being placed with inappropriate carers, of children being returned to the originating local authority due to faulty legal procedures and of family breakdown because the right support measures were not proactively identified….Despite the risks, the scale of the problem for these vulnerable children is unknown. The charity Children and Families Across Borders (CFAB) estimates that there are 18,000 Looked After Children in England and Wales who may have family members abroad that could – and should – be explored as options for their long term care.

What is the 1996 Hague Convention?

  • The HCCH (Hague Conference on Private International Law  Conférence de La Haye de droit international privé) is an intergovernmental organisation which aims to secure the “the progressive unification of the rules of private international law”
  • The HCCH’s mission is …[to provide]  internationally agreed solutions, developed through the negotiation, adoption, and operation of international treaties, the HCCH Conventions, to which States may become Contracting Parties, and soft law instruments, which may guide States in developing their own legislative solutions.
  • Since the inception of the HCCH, it has created over 40 Conventions and instruments. One of its ‘core’ Conventions is The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children [the 1996 Hague Convention].  HCCH | About HCCH
  • The Hague Conference website[1] has helpful information and documents about each Hague Convention and explains which countries are party to that Convention and whether the Convention is in force between the UK and another country.
  • As of October 2022 the 1996 Hague Convention has 54 contracting states. HCCH | #34 – Status table and a broad scope. It aims to avoid conflicts between legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children and emphasises the importance of international co-operation. It provides the basic framework for exchange of information and collaboration by setting up ‘Central Authorities’ in each contracting state.
  • Article 3 sets out the issues within its scope HCCH | #34 – Full text which includes guardianship and analogous institutions, the placement of a child in a foster family or institutional care, and the supervision by a public authority of the care of a child – therefore if you want to carry out an assessment of a family member in a Hague Convention State you will be within scope.
  • If you want information from a country outside the 1996 Hague Convention then I am afraid we seem to be limited to the Working with foreign authorities: Child Protection cases and care orders. Advice template (publishing.service.gov.uk) This is not very informative and essentially tells you to contact the Embassy or CFAB.

What is the ICACU?

  1. The ICACU is the operational Central Authority for England for the 1996 Hague Convention. It’s a small administrative unit and its staff are not lawyers or social workers. It is set up to make requests for co-operation to another country, for the collection and exchange of information if the other country is a State Party to the 1996 Hague Convention; and the request for co-operation is within scope of the Convention.
  2. The ICACU is also the operational Central Authority for the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1980 Hague European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and Restoration of Custody of Children.
  3. The ICACU does not become directly involved in the court proceedings. Central authorities are not under any obligation to engage in proceedings and do not require a court order before discharging their duties and responsibilities under 1996 Hague Convention
  4. If you want to place a child in another country, this is a matter for the requested country – a placement which we may think is a private law placement, may be regarded as a public law placement by the requested country.
  5. A request for co-operation can be made to establish if, in principle, the consent of the other country would be required for placement even if the care plan for the child is not yet fully informed.
  6. For requests for co-operation under the 1996 Hague Convention to or from Wales, you should contact the Welsh Government. Scotland and Northern Ireland have their own Central Authorities.

What is within the scope of the ICACU?

  1. You need information from the other country to help you formulate a care plan, for example:
    1.  identifying and/or assessing potential kinship carers
    1. Confirmation if you need the other country’s consent to place children there
    1. the other country’s procedure for progressing a request to transfer jurisdiction under Articles 8 and 9 of the 1996 Hague Convention, because its considered that another country is best placed to make decisions about the child’s future.

What is outside the scope of the ICACU?

17. Article 4 of the 1996 Hague Convention explains what is not in scope of the Convention.  This includes adoption, measures preparatory to adoption, or the annulment or revocation of adoption.

  1. If your request is not in scope of the 1996 Hague Convention, it may be in scope of another European Regulation or international Convention and another central authority or body may be able to assist.
  2. With regard to serving documents abroad, or taking evidence abroad, the Senior Master is the central authority under Article 3 of the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘the 1965 Hague Convention’) and Article 2 of the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (‘the 1970 Hague Convention’). If dealing with these matters you need to contact the Foreign Process Section based in the Royal Courts of Justice. [[email protected]].
  3. A request for copies of foreign court papers is more likely to be in scope of the 1970 Hague Convention.
  4. If you wish to get information on someone’s criminal record outside the jurisdiction, contact the UK Central Authority for the Exchange of Criminal Records International Criminal Conviction Exchange Department ACRO Criminal Records [email protected]
  5. If you need to let a foreign jurisdiction know that one of its citizens is involved in care proceedings, following Re E (Brussels II Revised: Vienna Convention: Reporting Restrictions) [2014] EWHC 6 (Fam), [2014] 2 FLR 151, you must contact the relevant consular authorities. This applies also to inquiries about passports or other travel documents. A ‘Consular authority’ refers to an official appointed by a sovereign state to protect its commercial interests and help its citizens . It can refer to a High Commission, Embassy or Consulate.
  6. A request for an opinion on how a foreign country might recognise an order of the English court is not a question for central authorities. You will need to think about getting permission for expert advice on the law in the relevant jurisdiction.
  7. If you want someone to give oral evidence in the English court while they are physically present in a foreign state, for e.g. via video link or phone, you have to get permission from the foreign state. This is done via the Foreign Commonwealth and Development Office [FCDO] “Taking of Evidence Unit” [“ToE”]. HMCTS will contact the ToE on behalf of any party who notifies the tribunal that they want to rely on oral evidence from a person abroad, so all that that party needs to do is notify the tribunal of: a. the name of that person and case number; b. the country the person would be giving evidence from; c. if it is not the appellant what the evidence would be about; d. the date of any listed hearing This must be done as soon as it is known that a person wishes to give evidence from abroad, to avoid the risk of delaying any hearing.

How do I contact the ICAU?

  • The ICACU’s general office telephone number is 0203 681 2608 and can be used by parties seeking “in principle” advice based on the ICACU’s experience of the other country but email contact is much preferred: [email protected].  
  • In public law children cases the ICACU prefers that the local authority contact the ICACU about a request for co-operation It is administratively more efficient and less likely to give rise to miscommunication if the ICACU is in contact with one party only.

Making a request for co-operation and timescales

  • The form is on line – see above. If as a social worker you are not sure if your request falls under the 1996 Hague Convention, you must get advice from your legal department as the ICACU does not give legal advice. The form requires you to identity the relevant Articles of the Hague Convention that inform your request.
  • But you can make a preliminary inquiry to the ICACU prior to a formal request if your legal team aren’t sure. Identify in the subject line of the email that this is a ‘general inquiry’ and set out your identity and country you are asking about. Make it clear if your request is urgent.
  • The ICACU does not open a case file in response to a general enquiry; it only does so when it receives a formal request for co-operation.
  • Article 37 of the 1996 Hague Convention says that the ICACU shall not request or transmit any information if to do so would be likely to place the child’s person or property in danger or constitute a serious threat to the liberty or life of a member of the child’s family. You will be asked to confirm that the request does not engage Article 37.
  • The ICACU cannot compel the requested central authority or foreign competent authorities to respond within a specific timetable and different countries have differing views as to what information or assistance can be provided. It is therefore difficult to predict how long it will take for you to get any useful information. Therefore, it is really important to do all you can at your end to keep things moving. You need to make a relevant and focused request as early as possible in the proceedings.
  • Do not simply send the court bundle – that is likely to slow things down. The following information is key:
    • The court timetable and when hearings are listed – and remember when fixing the timetable in the English court, to build in realistic timescales for a reply from the ICACU
    • The ICACU does not require a court order to act but if the court has ordered the local authority to make a request, include a copy of the sealed order – but remember that orders should not be made against foreign authorities.
    • A clear background case summary, agreed by all parties if possible. If it is not agreed, make this clear.
    • The full names and dates of birth of the children and relevant adults with explanation of family relationships – if complex, a genogram can help
    • Explain ‘technical language’. What do you mean by ‘section 20’? What do you mean by ‘kinship care’?
    • Avoid acronyms – the other country is unlikely to understand what is meant by ‘IRH’ for e.g.
    • If you are trying to identify potential kinship carers, provide as much information as possible to assist the other country to trace the individuals concerned; if current contact details are not known, provide as much information as possible about last known addresses etc.
    • Explain what you would find helpful for a kinship assessment to cover – but  you cannot require the foreign authorities to carry out an assessment in a particular way.
  • A rough timeline of an approach to the ICACU can look like this. You can see how each step of the process carries with it potential for delay.
    • The local authority decides to make a request for co-operation
    • The ICACU receives the request
    • The ICACU requests translation of necessary documents
    • The request is sent by the ICACU to the other country
    • The other country makes inquiries.
    • Arrangements are made to translate documents
    • The ICACU responds to the local authority or makes requests for further information
    • the ICACU sends the response to the local authority
  • Translation can be a big problem – the ICACU has a limited budget. It will translate the initial request but you will have to decide at your end who is preparing and paying for translation of any supporting documents. If you are able to arrange for translation of your initial request, that can help speed things up.

Central Authority contact details

Scotland and Northern Ireland have different legal systems from England and Wales and the law in Scotland and Northern Ireland also differs in some respects. England and Wales, Scotland, and Northern Ireland each have their own Central Authority for the Regulation.  Wales has its own Central Authority for the 1996 Hague Convention.  

  Central Authority for England (for the 1996 Hague Convention)   The International Child Abduction and Contact Unit The Official Solicitor & Public Trustee Office Post Point 0.53 102 Petty France London SW1H 9AJ   DX: Post Point 0.53 Official Solicitor & Public Trustee DX 152384 Westminster 8   tel: +44 (0)20 3681 2756 www.gov.uk   e-mail for new requests and general enquiries only: [email protected]  The International Child Abduction and Contact Unit (ICACU) is open Monday to Friday.  In an emergency outside these hours you should contact the Reunite International Child Abduction Centre on tel 0116 2556 234.   Please note that the office of the ICACU is not open to the public.   Emails received after 2.00pm will not be considered until the next working day except in cases of extreme urgency (please indicate in the subject heading whether flight risk / abduction in transit / imminent risk of harm)
  Central Authority for Northern Ireland   Central Business Unit
Northern Ireland Courts & Tribunals Service
3rd Floor Laganside House
23-27 Oxford Street
BELFAST BT1 3LA
Northern Ireland
United Kingdom
tel: +44 (0)28 9072 8808
fax: +44 (0)28 9072 8945

Internet: http://www.courtsni.gov.uk/
                                                                                                                                             email: [email protected] is used for applications under 1980 & 1996 Hague conventions along with Brussels II requests		   
  Central Authority for Scotland   Scottish Government
Central Authority and International Law Branch GW15 St. Andrew’s House EDINBURGH EH1 3DG Scotland United Kingdom   tel: +44 (0)131 244 4827 fax: +44 (0)131 244 4848 e-mail: [email protected]		 
  Central Authority for Wales   Welsh Government
Social Services and Integration
Cathays Park
CARDIFF CF10 3NQ
United Kingdom
tel.: +44 (29) 2082 1518
fax: +44 (29) 2082 3142
email: [email protected]    		      The Welsh Government is the Central Authority for Wales for the 1996 Hague Convention only. 

Other useful resources

  The Foreign Process Section Room E16 Royal Courts of Justice Strand London WC2A 2LL United Kingdom   tel.: +44 (0)20 7947 6691 +44 (0)20 7947 7786 +44 (0)20 7947 6488 +44 (0)20 7947 6327 +44 (0)20 7947 1741 fax: +44 870 324 0025 email: [email protected]    The Senior Master is the transmitting agency under Article 3 of the 1965 Hague Convention and the central authority under Article 2 of the 1970 Hague Convention.   The Foreign Process Section is the administrative unit which supports the Senior Master.     
  The Hague Conference on Private International Law Permanent Bureau
Hague Conference on Private International Law
Churchillplein 6b
2517 JW THE HAGUE
The Netherlands
Fax: +31 (0)70 360 4867  www.hcch.net		  The Hague Conference does not provide legal advice but their website has copies of all the Conventions, Explanatory Reports, a status table for each Convention and other useful documents.

 

[1]https://www.hcch.net: At Homepage scroll down to Sitemap, at Sitemap use the dropdown menu for ‘Instruments’ and go to ‘Conventions, Protocols and Principles’ for an interactive list of all the Conventions.

Care Proceedings involving parents with learning difficulties – a very short guide

It seems that I have been saying the same thing now for over 20 years. Parents with learning difficulties or disabilities have a compromised ability to understand and retain new information. This may be mitigated to some extent by help and support, but parents will not ‘get better’ and, depending on the degree of disability, may require help and support for the rest of their lives.

This poses particular challenges for parenting, which requires us not merely to be able to undertake efficiently and consistently a huge array of practical tasks around feeding, hygiene, clothing etc but also demands that we are able to respond -sometimes instantly – to an ever changing array of potential threats, on top of demonstrating emotional atunement and availability. ‘Good enough’ parenting is demanding for anyone. For those with learning difficulties who do not have access to a reliable support network, it is often impossible.

I have not been able to discern much of a shift in how these cases are managed. I continue to be involved in cases where the most basic and obvious of lessons that by now should be second nature to professionals about their interventions, were ignored.

So all that happens is that the care proceedings turn into a particularly cruel piece of theatre, where we pay lip service to the notions of fair proceedings but we all know what the eventual outcome is going to be. Often a considerable amount of money is simply wasted on supervising the parents without any apparent agreement about or understanding of what work would be done to help them increase their parenting capacity and who was going to provide it.

I worry that the proliferation of ‘Equality, Diversity and Inclusion’ officers over the past decade has had precisely zero impact on inclusion for disabled people. I suspect this is because that to include us often costs a lot of money and investment in physical infrastructure. Our inclusion is not performative, it is not secured by a rainbow lanyard or concern about pronouns.

So I thought it might help to set out here, as concisely as I can, what every professional needs to have in mind when working with parents who have learning needs.

  • read the Guidance on working with parents with a learning disability. Internalise the five key components
    • accessible information and communication
    • clear and co-ordinated referral and assessment processes and eligibility criteria
    • support designed to meet the needs of parents and children based on assessment of their needs and strengths
    • long-term support, if necessary
    • access to independent advocacy

Further reading

Parents with Learning Disabilities/Difficulties

Court gives guidance on how to ensure fair proceedings for learning disabled parents

Research from the Nuffield Family Justice Observatory June 12 2024 – Babies in care proceedings, what do we know about parents with learning disabilities or difficulties? The Executive Summary states

Executive summary

This mixed method study, completed by the Institute of Public Care at Oxford Brookes University in September 2023, explored three important questions about parents with learning disabilities and learning difficulties in relation to care proceedings involving their babies.

  • What proportion of care proceedings cases regarding babies (children under 12 months old) involve parents with learning disabilities or learning difficulties?
  • What are the broader characteristics and circumstances of these parents?
  • What are their experiences from the point of referral to children’s social care services through to the conclusion of care proceedings?

The study findings indicated the likely high prevalence of learning disabilities or difficulties among parents involved in care proceedings regarding babies.  It underscores the importance of implementing both the Working Together with Parents Network (WTPN) 2021 Update of the 2016 Good Practice Guidance on Working with Parents with a Learning Disability (WTPN 2021) and the Best Practice Guidelines for When the State Intervenes at Birth (Mason et al. 2023) across public services in England.

Why are children being demonised by those who raised them?

This is a guest post by a 15 year old. It is sad to read because I suspect many would agree.

 

It takes a village to raise a child, yet the current generation seem to think the child will raise itself 

Legally a person is an adult at 18. A fact defined by law. So why are the current expectations forcing teens as young as 13 to ‘be mature’ when they are legally a child? The current expectation on our shoulders is crushing, overwhelming and debilitating. We are both expected to grow up and take an onslaught of pressure from every angle while simultaneously enjoy an enriching childhood. This a task I believe the majority of adults could not complete, so it seems to be passed to the teens of today. With so many adults washing their hands of responsibility towards the care of children, we have a generation growing up with no childhood. When was our right to just be a child stripped from us? Every adult seems to have a negative thing to say about how teens act but they are the ones who have created a system where these ‘disruptive’ teens are stripped of their childhood innocence and are shoved into the deep end of maturity before anyone has taught them how to swim. Children are drowning. A statement that once would have sparked action but now is ignored. 

Imagine a world where people would take responsibility for what they have created. Shame it is only a dream rather than reality. Teens are a product of this generation, anything this generation has to say about the actions of teens, surly speaks louder of them. The current parenting technique is coddle your child and squash any ideas of own independence, until the child makes a mistake then they are questioned on their lack of maturity. We don’t expect knowledge before its taught so why do we expect maturity when the opportunity to learn it is never given? When you have a child, you have made that decision to feed, house, care for and be part of raising the next generation. However current parents seem to be forgetting they signed on to that deal. They provide their child with necessities to life then abandon them when it comes to teaching them how to live a life. We are referred to as the snowflake generation and hated by our elders, but we are what they made us. Teens are just mirrors reflecting the mistakes of the current adult generation. Its time to point the finger of blame to the real culprits. 

Teens of today are having their wings clipped during childhood and then are expected to fly when it comes to their 18th birthday. Adults enforce rules on every aspect of life before soon there is only one option for children. A path of rules, exams, and no individuality. With no time to be a child, no time to develop the mind, no time to learn the skills needed for what the rest of life has to offer. There is a generation of scared and underprepared teens and all the adults have to say in response is grow up. Its like a twisted maze where the only exit is locked, and we don’t have the key. Its very clear to me why there is exponential growth in mental health issues in our generation of teenagers. Its black and white, clear as day; yet adults will close their eyes to it and claim we are just delusional. That every issue we face, they too faced and overcame meaning we are just snowflakes who cannot handle it. But these adults did not have their childhood ripped from them. They had no fear that they wouldn’t fit on the one pathway to success our society has created. They didn’t have numbers on a page that defined their worth in this world. The world is changing, and adults need to stop dragging their feet and support teens of today to face the 21st century before we lose hope of a brighter future. 

Role models, a universal way of showing those who are learning what the end goal is. A sports role model would inspire children and help grow the next generation of Olympic athletes. So, when our generation is looking for role models to show them how to be a good person, where do we look? With corrupt governments leading almost every major country, it’s not there. With the education system now based on exam results and Ofsted reports with overworked and underpaid teachers, it’s not there. With parents now so consumed with fighting for survival in an economy where only the top 10% survive, its not their either. Every option there is to consider have all been tainted by the current society’s obsession on money, there is no room for teens of today to simply learn how to be a good person. Climate change ignored. Racial inequality pushed aside. Gender bias dismissed. Our world is run by rich white men who will ignore or even aid in the failings of society to benefit their bank balance. When this is what the teenage generation have to follow no wonder we are considered ‘immature’ because the thought of growing up is met with the knowledge we will have to fight in a world where we won’t win. 

Teens of today have been set up to fail not just be those who raised them. Forced through an outdated and overlooked system to only inherit a dying world. Before adults talk about the failings of teenagers the question needs to be asked, why are they failing? It takes a village to raise a child and it’s time for that village to step up.

After the Adoption…

This is a post by Sarah Phillimore

What are the legal options or implications for an adopted child who wishes to spend more time living with their natural parents?

I read recently a very interesting post on the MummyTigerBlog about ‘When is a mum not a mum?’

The blogger adopted two girls and managed to forge a relationship with their natural mother – ‘mummy Jo’. She writes of the importance of that relationship for the girls and the questions they now ask:

The trauma of separation from natural family, their experience of foster care and subsequent adoption has had a lasting impact on my children, an impact that, despite rebuilding the severed natural family relationships that are so important to them, continues to hurt for both girls, although in very different ways. For both girls the re-established relationships with their natural family has been a huge help in their healing process and for their identity as they approach adolescence and the teen years but still brings up many questions of why? Why me? Why weren’t we kept together? Why weren’t we allowed to see our brother?  And more recently why can’t I live with Mummy Jo?

The emotional and legal implications for children in this situation are likely to be complicated. I cannot speak to the emotions, other than to agree that the importance of relationships with birth parents and siblings can be positive and significant and we need urgently to reconsider our historical clinging to adoption as ‘a closed shop’ – I have written about this in more detail in this post, Contact Post Adoption – Time for a new Default Position?

However, I thought it might be helpful for other families in this position to consider what are the legal implications of an adopted child wishing to spend more time with his or her family of birth – or even move to live with them.

The starting point is to remember the consequences of an adoption order – this removes parental responsibility from birth parents and the adopted child becomes the child of the adoptive parents. If the adoptive placement breaks down, this does not restore the parental responsibility of the birth parents. Some judges have gone so far as to say that adoption destroys ANY consideration of an Article 8 right between parent and birth child. Given that Article 8 protects psychological integrity, I have always doubted that this could be correct in law, but so far as I am aware there is no case that has looked at this point in the Court of Appeal or beyond.

Can adoption orders be overturned? Yes, but it is rare.

It is possible for the court to revoke an adoption order – i.e. discharge/end that order –  using its ‘inherent jurisdiction’ but this is a very exceptional and very rare step for the court to take given that ‘adoption’ is a statutory process that is supposed to facilitate the creation of the new ‘forever’ family.

The case of PK v Mr and Mrs K [2015] EWCH 2316 is one of the rare examples in case law where an adoption order was revoked – it highlights how exceptional this is. PK was nearly 4 when she was adopted by Mr and Mrs K in May 2004. However in 2006 Mr and Mrs K sent her to live with other family members in Ghana where she was subjected to significant abuse. In mid July 2014 PK returned to England and was reunited with her biological mother and grandmother. She became a ward of court on her own application and her mother was granted full care and control. PK was very clear she wanted to revoke the adoption, live with her mother and change her name. The court had no doubt that this was the right outcome for PK.

An adoption order was also revoked in the case of Re J (Adoption: Appeal) [2018] EWFC 8 but again, the circumstances of this were unusual; the child had been adopted by his stepfather and his mother had lied about the father’s whereabouts. When the father found out he applied for the adoption order to be revoked and the court agreed – but it made no difference to the child’s day to day life as he remained living with his mother.

But does the adoption order need to be revoked?

The situation described by the blogger is not one where the child is reacting against an adoptive placement where she has been mistreated – rather the child, now a teenager is expressing a wish to live with her natural mother. It’s interesting to speculate what the court might do if the child did want the adoption order revoked in these circumstances – but I am not aware of any similar reported case.

This is unsurprising, given how rare it is for an adoptive and birth mother to be able to work together in the way that the blogger and Mummy Jo have been able to do. But it may well become a more usual situation; and I hope it does. For a long time now I and others have thought that the ‘closed shop’ model of adoption does not serve children well.

However, this puts the blogger in the uncomfortable position of trail blazer. I am not aware of this situation ever coming before the courts before. What are the legal options or implications for an adopted child who wishes to spend more time living with their natural parents?

This does need to be thought about. A weekend here and there is unlikely to cause many problems – but if a child spends many months or moves permanently to live with a person who does not have parental responsibilty for them, this has the potential to cause problems.

There is a limited form of parental responsibility under section 3(5) of the Children Act 1989 which states that someone who has the care of a child but no PR may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

But this may not be sufficient to allow the carer to make decisions for the child that the child needs to be made – particularly if the child isn’t Gillick competent.

Could this situation be a private fostering arrangement? This is an arrangement whereby a child under the age of 16 (or 18 if the child has a disability) is placed for 28 days or more in the care of someone who is not the child’s parent(s) or a ‘connected person’. A connected person is defined as a ‘relative, friend or other person connected with a child’. A relative under the Children Act 1989 is defined as a ‘grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or step-parent’. The blogger writes:

Mummy Jo is very much a parent, blood relation and a ‘connected person’, the girls were connected to her via the umbilical cord however does this stand up legally? Currently she has no legal connection. What if the girls stay for over the 28 days, a month? the six weeks of the summer holidays? is this a ‘private fostering’ arrangement or just the girls staying with their Mum, because that’s who she is in their eyes, but not the eyes of the law. Any private fostering arrangement needs to be reported to the Local Authority to assess and monitor… an option none of us would relish!

I don’t think this is a private fostering arrangement – I agree that Mummy Jo is a ‘connected person’ – simply by virtue of her friendship with the adoptive mother or by her biological connection.

How should – or could – this situation be regulated?

So how could or should this situation be regulated? I discussed this with a newly qualified social worker and her reaction was very interesting – one of great concern for the emotional welfare of the child and what would happen if the living arrangements with her birth mum broke down. We discussed whether any local authority should get involved and whether the child’s school might want to refer it on. In this particular case, there seems little doubt that Mummy Jo is a tried and tested ‘safe parent’ – but what of cases where there is more doubt?

We batted back and forth the question of whether this kind of situation requires professional intervention. I argued that an adoptive parent has been assessed as able to be a child’s parent and should be allowed to get on and do what they think is right for their child – the state should not intervene without evidence of significant harm.

The social worker responded that I could not treat an adopted child in the same way as a biological child, as it was inevitable by the very fact that the child had been adopted that there had been significant trauma in that child’s life and there ought to be some professional oversight of any such move.

I can see the force in that argument. There is no doubt in my mind that social media has made it very easy for children to find their biological parents. I have no doubt that situations are going to arise where there is not the good working relationship between adoptive and birth parent that we see in this situation. We need to start thinking more about the legal framework whereby a child moves from adoptive to birth parent.

We ended our discussion by thinking that the solution here was a child arrangements order. That would provide a legal framework for the birth mother and also some oversight of the process by way of a section 7 report.

However – as the blogger comments, this route does not solve all the problems

Do we go to court to get a Child Arrangement Order (previously residence Order)? A child arrangement order would only last until the girls were 16 and they still wouldn’t have the legal ties to their natural family. Can an adoption order be dissolved in the UK? Where would that leave the girls if one wants to stay with me and another return to Josephine, their relationship with each other and their big sister legally severed if the adoption is no longer in place? What about visits, if they want to come back to stay with me for 28 days or more, or come abroad on holiday with me and their sisters, would we have the same issues? Wherever the girls live, they will always be family, we’ve shared good times and bad, learned from each other, laughed and cried together, and as long as any of my children want I will always be there for them, severing the adoption would allow them back to where they belong but in my heart, as with Mummy Jo, the girls will always be ‘our girls’, unfortunately legally it isn’t so easy!

In the end – is the only solution for the adoption order to be revoked and the birth mother to then apply to adopt her own child? This cannot have been a situation envisaged by any of those drafting the Adoption and Children Act! Although at para 20 of the PK case the court comments:

PK has extremely strong feelings about her legal status. It is very important to her that the court takes account of her wishes and firm views which are that she should no longer be the adopted child of Mr and Mrs K but instead revert to having legal status as a member of her biological family.

I do not know what the court meant by ‘revert to having legal status as a member of her biological family’ as revocation of the adoption order does not – so far as I know – restore the PR of the birth parents. So what is meant here by ‘legal status’ ? Am I wrong about revocation of an adoption order not restoring a natural parents’ PR? Or presumably, the powers under the inherent jurisdiction being theoretically limitless, the High Court could restore PR?

Maybe someone has to volunteer to be a test case.

I would be very interested to hear other’s views – particularly if there are any reported cases I have missed which deal with this situation. I am pretty confident that this will not be the first or last example of the complexities that can follow the ‘happy ever after’ adoption order.


When is it permissible NOT to tell parents that their child is involved in court proceedings?

This is a post by Sarah Phillimore

I was recently asked to write a summary of a case called LA v XYZ (Restriction on Father’s Role in Proceedings) [2019] EWHC 2166 (Fam) (18 February 2019). I thought this was a useful case to discuss the legal framework about how you can stop a parent being involved in care proceedings.

This issue was subject to wide public discussion in November 2018 when Sammy Woodhouse asserted that her child’s father (in prison at the time of the application by the local authority for a care order) had been ‘offered contact’ with their son in care proceedings. A number of politicians took this up and there was manufactured outrage about this so called ‘rapist’s charter.’ The reality – as ever – was more complicated than that. The child’s father retains a right to know about care proceedings unless application is made to the court to expressly disallow this.

I think this is a useful illustration of why its so difficult to present issues around the family courts in a way that reflects reality. Deciding whether or not to allow adults to continue to have a role in a child’s life requires careful analysis about competing ECHR rights. There is no ‘rapists charter’, there is no demand that violent men have contact at ‘any price’ – but you would not know this from the various ‘campaigns’ now on going which seek to change a law that doesn’t actually exist.

So how is it that we can’t just ignore the existence of fathers who are violent or abusive? And if we do want to restrict their access or remove them entirely from care cases, what are the requirements we have to fulfil to make this lawful?

Restricting parent’s access/participation in proceedings

The case of LA v XYZ (Restriction on Father’s Role in Proceedings) [2019] EWHC 2166 (Fam) (18 February 2019). case involved the child Z, who was in the home when her mother was murdered by her father. He was convicted and sentenced to life imprisonment, to serve a minimum term of 22 years.

The Local Authority applied for a care order and did not want the father to be a party to those proceedings. The LA didn’t want the father to have any contact with Z and made an application under section 34(4) of the Children Act 1989 to stop this.

Finally, the LA asked to be released from its statutory duty under section 22 CA 1989 to consult the father about or give him notice of any future decisions relating to Z. This would mean the court needed to use its ‘inherent jurisdiction’.

The Guardian supported the LA position and reported that Z had said she wanted no further indirect or direct contact with her father and did not want him to know anything about her.

The father argued that he did not wish to cause harm to Z, but simply wanted to participate in proceedings. He could not interfere in his daughter’s life as he did not know where and with whom she now lived. He would accept continued redaction of documents to maintain that position.

The court decided to grant the LA’s applications. It is clear that such orders are ‘exceptional’ but in this case were necessary; having conducted an analysis of the various considerations the court was clear that Y’s continued involvement in these proceedings was ‘deeply harmful to Z.’

It is important to consider such issues as early as possible. If such an exceptional application is made, it should set out the terms of order sought and evidence must then be provided to set out the evidential foundation for why such an order is necessary.

It is expected that such cases will be allocated to a judge of circuit judge or High Court level – not allocated to a judge of district judge level unless specifically released by the Designated Family Judge or nominated deputy.

Application to prevent a parent even knowing about care proceedings

Part 12 Family Procedure Rules [FPR] 2010 sets out who should be an automatic party to proceedings and who should be given notice of any application.

A father with parental responsibility is an automatic respondent to care proceedings while Practice Direction 12A sets out that the LA should inform fathers who do not have parental responsibility about the application for a care order.

If a father does not have parental responsibility, the application is made under r.12.3(3)(a) FPR 2010, which provides that the court ‘may at any time direct that any person or body be made a party to proceedings.’

See S (a Child) [2023] which sets out the guiding principles in such cases.

If someone is a party to proceedings, they should get copies of all the paperwork and be invited to attend court hearings.

It’s clear that the circumstances have to be ‘exceptional’ to justify not telling a father about the proceedings at all – see further, Re AB (Care Proceedings: Service on Husband Ignorant of Child’s existence) [2003] EWCA Civ 1842. Exclusion of a parent could only be exercised in “highly exceptional circumstances” and M v F [2011] EWCA Civ 273 – “A very high degree of exceptionality is required.”

In A Local Authority v B (Dispensing with Service) [2020] EWHC 2741 (Fam), a 17 year old child did not want his father involved in the proceedings as this would cause serious mental distress to the child. The court held that under FPR 2010 rule 6.36 the court has power to dispense with service on a parent of proceedings for an order under the inherent jurisdiction notwithstanding the requirement for service in rule 12.8(1). The court set out the following principles to apply when considering whether or not to serve a parent with notice of proceedings

i) The starting point is that a father should be able to participate (in a wide sense) in proceedings concerning his child. The court should start with full participation then consider partial participation and then, only as a device of last resort, the father’s exclusion from the proceedings.

ii) The court’s task is to identify the nature and extent of the harm in contemplation. The court should be rigorous in its examination of the risk and gravity of the feared harm.

iii) There is no requirement that a significant physical risk be demonstrated.  Harm and risk comes in many guises.

iv) When evaluating the risk of future harm, there is no minimum requirement.  The court must be alert both to the risk and to the magnitude of the consequences should the risk eventuate, and must also consider whether and to what extent that risk can be managed by the court’s control of its own processes. The greater the harm the smaller need be the risk.

v) The court is not determining a question with respect to the upbringing of the child so the welfare of the child, whilst an important consideration, is not paramount.

vi) Authorities in the Strasbourg jurisprudence put a high bar on excluding a parent with parental responsibility.  In this context, where a parent has parental responsibility or a right to respect for family life under Art 8, a high degree of exceptionality must be demonstrated by strong countervailing factors to justify their exclusion from participation in the proceedings. 

vii) It must be remembered that exceptionality is not, in itself, a test or a short cut and a fair balance must be struck between the factors that are present in the individual case.

See further the discussion in CD (Notice of care proceedings to father without parental responsibility) [2017] EWFC 34

Stopping a party getting access to certain papers

The court has case management powers under rule 4.1 and 12.2 FPR 2010 to restrict a party’s access to material filed within proceedings. But this is an ‘exceptional’ course of action.

As the former President of the Family Division Sir James Munby commented in Re B (Disclosure to Other Parties) [2001] 2 FLR 1017. such cases will remain very much the exception and not the rule. It remains the fact that all such cases require the most anxious, rigorous and vigilant scrutiny.

In LA v XYZ (Restriction on Father’s Role in Proceedings) [2019] EWHC 2166 (Fam), the LA required permission to make the application to keep information from the father, and needed to satisfy the requirements of section 100(4) CA 1989.

The court was satisfied the relevant grounds were made out; the declaration sought can only be made under the inherent jurisdiction, and the welfare of Z was clearly engaged. It is clearly a serious matter to permit the LA to be released from its duty to inform and consult with parents pursuant to section 22 CA 1989.

With regard to exercise of the inherent jurisdiction, the court referred to the ‘extremely helpful analysis’ by Knowles J in Re X and Y (Children) [2018].

Hayden J stated in Re O (A Child) [2015] EWCA Civ 1169 (paragraph 27)

The objective of the process here is to ensure not only that there is proper planning but the plan for the child continues to be the correct one, developing and evolving as the child’s needs change. It is to fortify the rigour of review that the section imposes a wide-ranging duty to consult, not least with the parents. Even a parent who has behaved egregiously may nonetheless have some important contribution to make in the future. The requirement to solicit the views of a parent is not contingent upon a moral judgment of parental behaviour; it is there to promote the paramount objective of the statue as a whole, i.e. the welfare of the child. These duties are a statutory recognition of the need appropriately to fetter the corporate parent.

Of particular relevance in this case was the evidence that the father had continually attempted to breach an order of 2015 which set out the limited parameters of his involvement in Z’s life. In January 2018 it was suggested that the father’s associates tried to force their way into Z’s new address, causing her significant distress. The court commented on the father’s inability in any of his written documents to recognise or understand the impact of this on Z.

The court therefore accepted the submissions of the LA – Article 6 would, all other matters being equal, favour disclosure to the father of information about Z, but when looking at the competing rights, in particular the Article 8 rights in relation to Z, there was ‘weighty justification’ for compromise of the father’s rights.

Further reading

See discussion of S (A Child) [2023] EWCA Civ 706 here https://www.pinktape.co.uk/rants/beyond-belief/

“Neither the local authority nor the children’s guardian oppose the appeal. They each accept that the appeal must be allowed on each of the three grounds on the basis that the judge fell into error in: (a) holding that the father had to demonstrate an arguable case; (b) reversing the burden of proof by holding that it was for the father to justify joinder; (c) holding that the father had not established an Article 8 right to family life and accordingly had no Article 6 rights to a fair trial; and (d) failing to consider whether the impact of joining the father could be sufficiently ameliorated by making a case management decision of the type identified in paras. [15-19] above”

What happens when one parent wants to leave the country – but the other parent doesn’t

This is a post by Sarah Phillimore

If you are a person ‘connected to a child’ who is under 16 – i.e. you are that child’s parent – and you take the child out of the jurisdiction of England and Wales without getting permission from the other parent, then you could find that you are committing the criminal offence of child abduction.  See the Child Abduction Act 1984. However section 4 gives you a defence IF you have a child arrangements order which sets out that you are the person the child lives with AND you are out of the country for less than a month.

Therefore, if either parent wants to leave England and Wales – to either return to their home country or start a new life with a new job etc – that parent will either have to get the agreement of the other parent or a court order.

Such applications to court are known as ‘leave to remove’ applications. There is no specific provision in the Children Act dealing with relocation cases. The child’s welfare is paramount and the court will go through the welfare checklist.  It may need to ask CAFCASS to provide a section 7 report to help it determine the weight to put on the different items in the checklist.

The case of Payne v Payne [2001] for a long time was the key authority in this area, but there was increasing concern growing about how the courts interpreted this case and a perception that too much weight was being put on the disappointment of the parent who wasn’t allowed to leave.

Therefore, there has been a shift in more recent case law to considering more carefully the impact on the child of the loss of direct contact with the parent who remains behind.

Each case turns on its own facts and case law can be no more than a guide. The court will be keen to understand the motivations behind the move. Is it a genuine wish to return to a familiar place, with possibly more family support? Is it a wish to take up a job offer that represents a real opportunity? Or is the move possibly a tactic in an acrimonious relationship breakdown to prevent continuing contact between child and parent?

There have been a number of cases decided since Payne v Payne. One useful case is S v G (Relocation to Russia) [2015] EWFC 4 which considered if there should be any distinction between those cases where before the suggestion of relocating, one parent had ‘primary’ care or where both parents had more or less equal time with the child.

The legal principles can be summarised in this way

  • The child’s welfare is the court’s paramount consideration.
  • The court is to have regard to the welfare checklist in section 1(3) of the Children Act 1989.
  • Courts should not categorise cases in terms of concepts of shared or primary care but should use the facts of the case and the answers arrived at in consideration of the checklist to
    • describe the arrangements for care on the ground as they have been;
    • as they are at date of the hearing; and 
    • as the parties intended them to remain had it not been for the question of relocation.

In applying these principles the court will examine:

  • The applicant’s proposals for relocation; a ‘going home’ case may be less arduous than an entirely new venture;
  • The applicant’s motives – in particular is a significant motivation to exclude the other parent?
  • The motives of the respondent – are any objections truly child centred?
  • The impact of relocation upon the respondent.
  • The impact of refusal to permit relocation upon the applicant, insofar as this impacts upon the child.

How do you assess motivation?

In essence, by examining how well planned and researched any proposed move is. What plans have been made for where the child will live and go to school? What language will the child be speaking? What plans for contact with the other parent have been made? How easy is it to travel? If direct contact isn’t going to be possible more than a few times a year, what other arrangements such as Skype can be put in place? Is the child simply to too young to be able to benefit from that kind of indirect contact?

it is clearly very important to make an application to relocate in good time. These applications are unlikely to be dealt with in less than six months so if a move is planned to coincide with a new school term, it is important to give enough time for the court process to conclude.

Similarly if a parent is objecting to a move even when remaining in the UK would mean the other parent facing poverty, insecure accommodation and lack of support for e.g. then this will inevitably impact on the weight the court gives to the objections against relocating.

An example of a case where relocation was refused

See Re R (A Child – Relocation) [2015] EWHC 456 (Fam). The court set out a number of reasons why the mother’s application failed. The child was 2 1/2 years old and had been born in America following IVF treatment of a donor egg and the father’s sperm. The mother wished to leave the UK and go to Hong Kong. No issues were raised about the father’s ability to care for the child and the court noted a strong bond between the. On the facts of this case, the court rejected the view of CAFCASS that it was a ‘finely balanced’ one.

  • The father’s work commitments made it almost impossible for him to travel to Hong Kong even for short periods.
  • No argument was made, nor would the court have accepted such an argument on the evidence, that the mother was isolated or lonely in England.
  • The court didn’t accept the mother’s arguments that remaining in England would cause her financial hardship, for example, accepting the father’s evidence that there were a number of agencies that the mother could have approached for work but had failed to do so.
  • The court concluded that the mother had presented barriers to the father spending time with the child, some of which disappeared without any explanation and she had been disdainful of the father when making holiday arrangements. 
  • The mother’s proposals for contact between the child and father following relocation were insufficient to make up for the loss in the relationship. This harm to the child would be compounded by the likely sense of abandonment upon the child finding out, as he will in the future, that the father was his only natural parent.

 

Conducting a comparative analysis of standards of living in different countries

What if one parent argues that the living conditions in the country of relocation are significantly inferior to those in the UK?  Unless the situation is so dire the that – for example, the Foreign Office advises that a particular country is not safe, i argue that the English court can go no further than to scrutinise the information offered by the parent wishing to relocate, to be satisfied that the parent has made reasonable plans to meet the child’s basic requirements for accommodation, education and health care.

An attempt by the English court to carry out an analysis of standards of living in two very different countries is inappropriate for two main reasons:

  • this exercise risks diverting the court’s focus away from the welfare of the particular children before them, as demanded by the Children Act 1989. The court must consider what advantages/disadvantages of the move pertain particularly to them. For young children the focus will be largely upon the quality of the relationships they can sustain with their adult carers. A variety of factors go into assessing quality of life in various countries, not all of which have relevance to the experiences of the particular children before the court.
  • The overriding objective for the court under both the Family and the Civil Procedure Rules is to deal with cases justly but proportionately. To conduct a comparative analysis of life in  different countries would be a lengthy and expensive exercise, which is likely to require possibly contested expert evidence and consideration of a variety of reports from the United Nations and other organisations. By argument with analogy as to how the court have approached attempts at ‘comparative country analysis’ in immigration/asylum cases, in Re A (Care Proceedings: Asylum Seekers) [2003] 2 FLR 92 the court found that absent any established risk to the children on being returned to their country of origin, it was an abuse of process to continue care proceedings to prevent the parents and children being returned.

The Hague Convention 1996 and Mirror Orders in the foreign court.

The Hague Convention provides that all contracting states shall recognise by operation of law all measures taken by the authorities of another contracting state. Therefore, if the parent wants to relocate to a country that has ratified the HC, a ‘mirror order’ may be made in that country’s court,  permitting the respondent to take enforcement action if the applicant does not abide by its terms.

An example of a case where a mirror order was made when relocating to South Africa can be seen in the case of Re MM (A Child: Relocation) [2014] EWFC B176






The futility of opposing adoption orders

Parents are going to stop trying to break the cycle if there is no chance of of opposing adoptions or having contact with an adopted child.

This is a post from a parent who talks about the adoption of her children and her attempts to either oppose the adoption or get a post adoption contact order. She asks the important question – what is the point of a law existing when parents never seem able to succeed? Even if parents are granted leave to oppose an adoption order on the basis of a change of circumstances, all seem to fall at the the second stage of the test which asks what is in the child’s best interests.

I can think of only one case since the Adoption and Children Act 2002 where the court refused to make an adoption order and the child went to live with a paternal aunt – but even this case was based on the presumption of placement in a birth family which has been rejected by subsequent authorities. I do not agree with the poster that the court never grants leave to oppose – I have successfully applied for leave. However, I am not aware of a single case where a birth parent succeeded on the second limb of the test and successfully opposed the making of an adoption order. I would be grateful to know if there are any out there!

With regard to post adoption contact I first discussed this in 2014 and the need for shift in position; nothing seems to have changed. 

 

I am a 37 year old mum. I have 8 delightful children. 4 girls, 4 boys.

The girls are D 17, S 16, L 11 and G 10.

The boys are R 15,  J 14, E 7 and P 4.

My mum was in care. I was in care. The local authority tried to take my eldest at birth. We kept her at home.

I walked out on my marriage to A in December 2002. I was pregnant with R. I stayed with a friend (SG) Gave birth to R and fell pregnant with J. I left (way too late) in March 2006 due to it being a violent relationship.

I then met a great man (M) and had L and G. We stated together until February 2010. I ended the relationship to restart the relationship with my ex husband. (A) We had my 7th child E a year later.

A year (2012) after he walked out with our 3 eldest children (D,L and R) and failed to return them. My eldest returned the same night. My 4th child J went to stay with my (abusive) ex (SG) for 3 months and failed to return him. Then ex (M) took our daughters and social services insisted he returned them.

I got into a relationship with an old friend (GM) and had baby P in 2014 and my eldest moved back to her father.

My children had been subject to numerous child protection plans and at this point only the eldest 3 were subject to plan. We were in court for child arrangement orders. My eldest 3 lived with A. Youngest 4 stayed with me.

A few weeks later A and his uncle hurt R and my 3 returned home.

Suddenly my partner (SG) started drinking. He didn’t want my eldest 3 at home and threatened to take our child (P) and tell social services I couldn’t cope. The children moved to paternal grand mother. The eldest returned a few months later and my partner threatened to take baby P if I let her stay. My daughter moved in with a friend.

Then S and R returned.

R went into care in March 2015.

L went into care in October 2015.

SG was being abusive. I kicked him out. Returned hours later to find out he had broken in and was refusing to leave. He said if I made him leave he would break into the house and take baby P from his cot. He had ultimate control. He wouldn’t engage with the local authority. Blamed me when they wanted him to work with them saying I wanted it not them.

then late Jan 2016 he was violent. I called the police. He was arrested. Then I failed my children AGAIN.

I made an additional statement. His bail was dropped and he came to the house to visit our child. The next day the local authority started care proceedings.

SG said he wanted to take me to the doctors to get me help because “I was mental”. If I didn’t let him come home then the children would go into care and it would be my fault.

An ICO was granted for D (stayed with father) L and R. I agreed L and G could live with M and they went that weekend on a supervision order

E and P were put on a supervision order to at home with me.

then D was removed from her father.

twice more the local authority requested ICO and removal of E and P. Twice more the judge refused. The last time she said if the psychological report was similar to the social report then she would agree adoption. If not then the LA should close the case.

On the final day of proceedings E and P were made subject to full care orders and placement orders and removed the same night.

I tried to revoke in August but the local authority placed them the same day. On advice from CAFCASS the judge did not grant leave to revoke. However the judge said she wanted to see me back before December 2017 to oppose the adoption.

The paperwork arrived in July and we went to court in August. I was granted legal aid in the changes I have made. The LA were doing a new assessment.

Now the adoption hearing is upon us with a final decision next week.

the LA and guardian believe I have not made enough of the RIGHT changes. They believe I have a man visiting or living with me. They want adoption.

The LA were given 28 weeks to place E for adoption or he would go into long term foster care. The LA extended this deadline on their own back WITHOUT having it RATIFIED by a judge.

I met my barrister who told me opposing is a 2 stage test. Is there changes? Yes there is.

With that in mind would the judge grant leave to oppose. My barrister said NO. the point is a lot of parents make changes. However this is never enough to “open the door” to grant leave. To grant leave the judge has to believe that the parent has a solid change of opposing the order. They have to keep in mind the welfare of the children. Their welfare is paramount.

On this basis parents always fail. Judges do NOT give leave to oppose.

So I have to question this.

Why is it written into law that parents can oppose if the Judge refuses permission EVERY TIME.

It either needs to be taken out of law as a null point or judges need to start granting leave to oppose.

As it stands parents can show significant change and still not be granted leave.

Either uphold the law and grant parents leave or remove it. This law is dangled in front of parents as a possibility and then snatched away by the court. Same as contact with an adopted child. The law states it can happen then refuses parents who apply for it.

Parents are going to stop trying to break the cycle if there is no chance of of opposing adoptions or having contact with an adopted child.






Seeking help for adopted children should be safe

Living with the long term effect of abuse and neglect.

This is a post by an adoptive mother, who shall remain anonymous.

Adoption is a cornerstone of social policy in the UK for children living with abuse and neglect, and without legal reform, adoptive families are at high risk of having their children removed as a crisis measure when they seek help for a child’s extreme difficulties as a result of earlier abuse/neglect. This piece is written by an adoptive parent and many of the experiences described may be common to parents of children with disabilities including cognitive disabilities and mental health difficulties, who seek help in the form of respite or specialist support for challenging behaviour.

A new round of joint targeted inspections by Ofsted, the Care Quality Commission, and probationary inspectorates into the impact of childhood neglect, will have begun this month focussing on middle age children (age 7-15) who are at risk of exploitation and/ or showing challenging behaviours (Community Care, 17th April 2017). The impact of childhood neglect may last a lifetime and it is not clear whether the inspections will focus solely on children whose needs for love and care are not being met currently and children that may have entered the Care system for reasons of neglect and abuse, and they and their carers are living with the effects of previous neglect.

As an adoptive parent I know that neglect can occur in isolation but often involves abuse too. Concerns were raised by the Selwyn report (2014) about adoptive families accessing appropriate support for what can be extremely challenging behaviours, well beyond the bounds of normal parenting, stemming from abuse and neglect. The report identified that parents struggled to access services, especially crisis support, and that children’s disabilities are often not recognised or acknowledged in adoption, in terms of accessing post adoption support and services, even for relatively well known conditions such as autism.

My son experienced profound early life neglect and abuse. When problems emerged in the early years of adolescence and I reported problematic behaviour that was clearly related to my son’s abuse history, it seemed removal, which neither my child or I wanted, was the only option considered by the authority. Only after a period of several years, and a number of court proceedings, did my son return home with no public law orders in place, and when this happened our reunification was not planned or supported. We found ourselves back to square one, albeit with a capped Adoption Support Fund, that we had been unable to access whilst my son was living away from home. The Pathway team say that their support, which runs out 6 months after Supervision Order discharge, is not for young people like my son, who live with their family. As a result of our family’s experiences I believe that the child protection system, particularly as it relates to adoptive families, needs to change. It seems too divisive of parent and child and totally unsupportive of parents reporting and seeking help.

These are my thoughts.

Reporting of problems needs to be safe

There should be an expectation of support for parents dealing with challenging behaviour, especially in the child’s middle years when the repercussions of removal can be life altering. We cannot have a situation – which we have now – where there is fear to report the problems because the consequences of reporting may be worse than keeping silent.

Recognition that removal of the child brings its own new set of problems

Removal of children from their home and family, sometimes, at a great distance, may solve the problems (although this may be necessary), but more problems may be created when the focus remains almost exclusively on risk and if intervention continually comes between parent and child. Risks and benefits need to be carefully considered, with parents involved, and both short and long term outcomes need to be thought about.

Children can be traumatised by their removal from family, feel rejected and frightened by the enormity of what is happening to them, and they can express their frustration towards those it is safest to do so with – their parents. There will be a natural move towards independence in adolescence and parents can be pushed away by their child and at the same time find themselves marginalised by the responsible authority. Identity issues come to the fore in the middle years, and in adoptions, the approaches taken can push a child or young person to seek contact with birth families. This is in itself an emotionally intense situation to deal with and the reasons for the child being taken into care may have not been addressed. Risks can be far greater than they ever were before.

Recognition that reunification can be problematic after a child has been in care

One recommendation of the Selwyn report was that reunification should never be ruled out – but coming together as a family can be problematic after a child is living away from home, especially after a Care Order is made, for example, if secure accommodation was needed.

Law orders and court proceedings should not be an obstacle and barrier to family life for the child, particularly children living with neglect. Family life, and parental love can offer protective benefits and ameliorate risks associated with neglect.

Reunifications can be especially challenging if a child has suffered corporate trauma or negligence as a result of their being in care and it is highly unlikely this will be recognised by the agencies involved.

Infrastructure change and new models of support are urgently needed

New models of support are required, to support the family as a whole, when middle age children exhibit challenging behaviour resulting from neglect, trauma, disability and cognitive impairment. Timely respite and periods of separation may be necessary and it should be much easier to come together again afterwards. Infrastructure and legislation must support partnership working with agencies and authorities. It is regrettable in my view that adoptive families cannot access the ASF (Adoption Support Fund) – administered by Mott MacDonald, if there is no intention to reunify on the part of the local authority – and that this fund, recently capped at £5k, is only accessible through the local authorities. Effectively this can mean that adoption support via the ASF is potentially not available to the adopted children and families that need it most.

An approach that sees parents blamed and removes children instead of supporting families is not just a systemic failing, which sees the Rights of the Child violated, it is likely to be extremely costly. Residential care costs £3k per week on average according to a recent review by Sir Martin Narey. Parents are key to the future welfare of their children, especially so where there is previous neglect, abuse and disability, and they should be seen as a resource. Committed parents are not adversaries of our children or the state. Legal reform is needed so that we are not treated as such, and the decisions, actions and performance level of agencies can be better scrutinised, with repercussions for organisations where there has been corporate negligence.

Finally, becoming an adoptive parent has been the best thing that I’ve done and I believe in the Care system. I want no child to enter it who does not need to be there and I want the Care system to have the capacity to meet the complex needs of the children who enter it. Without comprehensive change for children in need, at the edge of Care, including children who have been adopted, living with the long term effects of neglect, I believe that this dream of a Care system ‘fit for purpose’ will remain just that – a dream.






Why don’t social workers have a sense of humour?

I had a very interesting conversation with a young parent recently and she was happy for me to tell you what she said.

We were talking about why relationships between parents and social workers can get so bad so quickly. Just what is going wrong? Obviously it is often a difficult and tense time for parents and social workers to try and talk about really important things involving people’s children and lifestyles, particularly if there are court proceedings looming and on going.

But at the end of the day we are all human. And we should be able to talk to one another as humans.

Is this another consequence of the ‘child rescue narrative’ that seems to be driving so much of current care proceedings? Sally’s experiences seem very common; a lot of parents complain that their behaviour and reactions are consistently seen in a negative light, whereas similar behaviour from professionals (such as being late to contact) is excused or explained by external events (such as traffic jams).

‘Sally’ speaks

Why don’t social workers have a sense of humour? Has it been removed from them? My partner and I coped with difficult situations by making light of it. I will give you an example

We were asked some intrusive questions about our sex lives and we tried to make a joke about it. It would have really helped if the social worker could have reacted in a more relaxed way, rather than making it obvious that she was shocked and upset by what we said.

It goes beyond ‘having a sense of humour’ . I really noticed that everything we said or did was seen in the most negative light possible.  So making lighthearted comments or jokes was used against us.

I know this is a serious situation and it isn’t always the right thing to try and joke about. But sometimes if we were scared or nervous we would try and lighten the mood. But anything we said that we thought was obviously a joke was taken seriously.

My partner jokingly kissed my neck and scooped me into his arms during an assessment. The assessor wrote that she thought we were intending to have sex in the office! and that we probably indulged in ‘inappropriate sexual activity’ in front of our child.






Adoption Breakdown – Why is ‘blame’ required? Does the law need to change?

This is a guest post from an adoptive parent who is concerned about what happens when adoptive placements break down and the local authority apply for a care order for the adoptive child. There are obvious difficulties when the legal test to satisfy a care order seems to be based on ‘blaming parents’ by focusing on the impact of parenting upon the child’s behaviour. For many adoptive children who have suffered trauma in their early lives, their behaviour is most likely to arise out of those traumatic experiences and not because of anything their adoptive parents did or did not do.

Making the court process about ‘blaming’ such parents when an adoption very sadly breaks down, does not seem to help any one. Is it time to amend section 31 of the Children Act 1989? Rather than asking the court to look at issues of ‘significant harm’ and ‘beyond parental control’ should we add ‘complex medical or psychological needs’ as reason to justify the making of a care order – and thus put the focus on the child’s needs rather than the parents’ blame. 

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https://petition.parliament.uk/petitions/125814

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We have an our adopted daughter (now 14) and unfortunately at the beginning of February we had to give her up for foster care due to her complex health needs.

The LA are blaming us as ‘bad parents’ but we agree with their recommendations to go for family therapy and help with how to deal with difficult teenagers. We are currently in court proceedings and as we have no dispute in the end result of LA going for interim court order, envisage no problems, it is just the way we get there is what we are disputing.

The PC report was written jointly with a student SW (who we really did not see eye to eye with) and also our AD SW, who we get on great (who is fairly new). While we understand a lot is based on opinion, they have based these on inaccurate, misquoted and even fabricated statements we made in the assessment meetings. We understand their agenda but to simply quote these inaccurate facts is simply unprofessional. We have written our objections back to them in writing and it is with their solicitors.

The PLO meeting earlier in March, went well very accordingly to our solicitors and the LA seems almost sympathetic to our situation, so we do not understand why their reports has been written in a such a way. Maybe to actually have something for the judge to approve on their decision?

We have another AD half-sibling, who LA have agreed can stay with us and who is not attached at all to the one who we gave up to foster carer.

The good news is, the foster carer (who are also close by) have agreed to have our 14 AD till she is 18, they are very nurturing and AD has settled in very quickly (as she has attachment condition as well).

I have got a petition actually published in Parliament (No blame approach to adoption) requesting for an addition to the Children’s Act part IV sec 31, which is to add “has complex medical and/or psychological reasons”.

This is the link: Petition: https://petition.parliament.uk/petitions/125814

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