Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance

AMENDMENT

In December 2019, this chapter was updated to note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final sections 11 and 12).

1. Adoption Applications - Annex A Report - Matters to be Dealt with in Reports for the Court

Section A: The Report and Matters for the Proceedings
Section B: The Child and the Birth Family
Section C: The Prospective Adopter of the Child
Section D: The Placement 
Section E: Recommendations 


Section A: The Report and Matters for the Proceedings

Part 1 - The Report

For each of the principal author/s of the report:

  1. Name;
  2. Role in relation to this case;
  3. Sections completed in this report;
  4. Qualifications and experience;
  5. Name and address of the adoption agency; and
  6. Adoption agency case reference number.

Part 2 - Matters for the Proceedings

  1. Whether the adoption agency considers that any other person should be made a respondent or a party to the proceedings, including the child;
  2. Whether any of the respondents is under the age of 18;
  3. Whether a respondent is a person who, by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing and administering his or her property and affairs. If so, medical evidence should be provided with particular regard to the effect on that person's ability to make decisions in the proceedings.

Section B: The Child and the Birth Family

Part 1

i. Information about the Child

a. Name, sex, date and place of birth and address including local authority area;
b. Photograph and physical description;
c. Nationality;
d. Racial origin and cultural and linguistic background;
e. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies);
f. Details of any siblings, half-siblings and step-siblings, including dates of birth;
g. Whether the child is looked after by a local authority;
h. Whether the child has been placed for adoption with the prospective adopter by a UK adoption agency;
i. Whether the child was being fostered by the prospective adopter;
j. Whether the child was brought into the UK for adoption, including date of entry and whether an adoption order was made in the child's country of origin;
k. Personality and social development, including emotional and behavioural development and any related needs;
l. Details of interests, likes and dislikes;
m. A summary, written by the agency's medical adviser, of the child's health history, his current state of health and any need for health care which is anticipated, and date of the most recent medical examination;
n. Any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications;
o. Names, addresses and types of nurseries or schools attended, with dates;
p. Educational attainments;
q. Any special needs in relation to the child (whether physical, learning, behavioural or any other) and his emotional and behavioural development;
r. Whether the child is subject to a statement under the Education Act 1996;
s. Previous orders concerning the child:
  1. The name of the court;
  2. The order made; and
  3. The date of the order.
t. Inheritance rights and any claim to damages under the Fatal Accidents Act 1976 the child stands to retain or lose if adopted;
u. Any other relevant information which might assist the court.

ii. Information about each Parent of the Child

a. Name, date and place of birth and address (date on which last address was confirmed current) including local authority area;
b. Photograph, if available, and physical description;
c. Nationality;
d. Racial origin and cultural and linguistic background;
e. Whether the mother and father were married to each other at the time of the child's birth or have subsequently married;
f. Where the parent has been previously married or entered into a civil partnership, dates of those marriages or civil partnerships;
g. Where the mother and father are not married, whether the father has parental responsibility and, if so, how it was acquired;
h. If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity;
i. Past and present relationship with the other parent;
j.
  1. Other information about the parent, where available:
  2. Health, including any known learning difficulties or known general medical or mental health factors which are likely to have, or may have, genetic implications;
  3. Religious persuasion;
  4. Educational history;
  5. Employment history; and
  6. Personality and interests.
k. Any other relevant information which might assist the court.

Part 2: Relationships, Contact Arrangements and Views

The Child

  1. If the child is in the care of a local authority or voluntary organisation, or has been, details (including dates) of any placements with foster parents, or other arrangements in respect of the care of the child, including particulars of the persons with whom the child has had his home and observations on the care provided;
  2. The child's wishes and feelings (if appropriate, having regard to the child's age and understanding) about adoption, the application and its consequences, including any wishes in respect of religious and cultural upbringing;
  3. The child's wishes and feelings in relation to contact (if appropriate, having regard to the child's age and understanding);
  4. The child's wishes and feelings recorded in any other proceedings;
  5. Date when the child's views were last ascertained.

The Child's Parents (or Guardian) and Relatives

a. The parents' wishes and feelings before the placement, about the placement and about adoption, the application and its consequences, including any wishes in respect of the child's religious and cultural upbringing;
b. Each parent's (or guardian's) wishes and feelings in relation to contact;
c. Date/s when the views of each parent or guardian were last ascertained;
d.

Arrangements concerning any siblings, including half-siblings and step-siblings, and whether any are the subject of a parallel application or have been the subject of any orders. If so, for each case give:

  1. The name of the court;
  2. The order made, or (if proceedings are pending) the order applied for; and
  3. The date of order, or date of next hearing if proceedings are pending.
e. Extent of contact with the child's mother and father and, in each case, the nature of the relationship enjoyed;
f.

The relationship which the child has with relatives, and with any other person considered relevant, including:

  1. The likelihood of any such relationship continuing and the value to the child of its doing so; and
  2. The ability and willingness of any of the child's relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child's needs.
g. The wishes and feelings of any of the child's relatives, or of any such person, regarding the child;
h. Whether the parents (or members of the child's family) have met or are likely to meet the prospective adopter and, if they have met, the effect on all involved of such meeting;
i. Dates when the views of members of the child's wider family and any other relevant person were last ascertained.

Part 3: A summary of the actions of the adoption agency

  1. Brief account of the agency's actions in the case, with particulars and dates of all written information and notices given to the child and his parents and any person with parental responsibility;
  2. If consent has been given for the child to be placed for adoption, and also consent for the child to be adopted, the names of those who gave consent and the date such consents were given. If such consents were subsequently withdrawn, the dates of these withdrawals;
  3. If any statement has been made under Section 20(4)(a) of the Adoption and Children Act 2002 (the "2002 Act") that a parent or guardian does not wish to be informed of any application for an adoption order, the names of those who have made such statements and the dates the statements were made. If such statements were subsequently withdrawn, the dates of these withdrawals;
  4. Whether an order has been made under Section 21 of the 2002 Act, Section 18 of the Adoption (Scotland) Act 1978 or Article 17(1) or 18(1) of the Northern Ireland Order 1987;
  5. Details of the support and advice given to the parents and any services offered or taken up;
  6. If the father does not have parental responsibility, details of the steps taken to inform him of the application for an adoption order;
  7. Brief details and dates of assessments of the child's needs, including expert opinions;
  8. Reasons for considering that adoption would be in the child's best interests (with date of relevant decision and reasons for any delay in implementing the decision).

Section C: The Prospective Adopter of the Child

Part 1: Information about the Prospective Adopter, including suitability to adopt

a. Name, date and place of birth and address (date on which last address was confirmed current) including local authority area;
b. Photograph and physical description;
c. Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and, if habitually resident, for how long they have been habitually resident;
d. Racial origin and cultural and linguistic background;
e. Marital status or civil partnership status, date and place of most recent marriage (if any) or civil partnership (if any);
f. Details of any previous marriage, civil partnership, or relationship where the prospective adopter lived with another person as a partner in an enduring family relationship;
g. Relationship (if any) to the child;
h. Where adopters wish to adopt as a couple, the status of the relationship and an assessment of the stability and permanence of their relationship;
i. If a married person or a civil partner is applying alone, the reasons for this;
j. Description of how the prospective adopter relates to adults and children;
k. Previous experience of caring for children (including as a step-parent, foster parent, child-minder or prospective adopter) and assessment of ability in this respect, together where appropriate with assessment of ability in bringing up the prospective adopter's own children;
l. A summary, written by the agency's medical adviser, of the prospective adopter's health history, current state of health and any need for health care which is anticipated, and date of most recent medical examination;
m. Assessment of ability and suitability to bring up the child throughout his childhood;
n. Details of income and comments on the living standards of the household with particulars of the home and living conditions (and particulars of any home where the prospective adopter proposes to live with the child, if different);
o. Details of other members of the household, including any children of the prospective adopter even if not resident in the household;
p. Details of the parents and any siblings of the prospective adopter, with their ages or ages at death;
q.

Other information about the prospective adopter:

  1. Religious persuasion;
  2. Educational history;
  3. Employment history; and
  4. Personality and interests.
r. Confirmation that the applicants have not been convicted of, or cautioned for, a specified offence within the meaning of regulation 23(3) of the Adoption Agencies Regulations 2005 (S.I. 2005/389);
s. Confirmation that the prospective adopter is still approved;
t. Confirmation that any referees have been interviewed, with a report of their views and opinion of the weight to be placed therein and whether they are still valid;
u. Details of any previous family court proceedings in which the prospective adopter has been involved (which have not been referred to elsewhere in this report).

Part 2: Wishes, Views and Contact Arrangements

Prospective Adopter

  1. Whether the prospective adopter is willing to follow any wishes of the child or his parents or guardian in respect of the child's religious and cultural upbringing;
  2. The views of other members of the prospective adopter's household and wider family in relation to the proposed adoption;
  3. Reasons for the prospective adopter wishing to adopt the child and extent of understanding of the nature and effect of adoption. Whether the prospective adopter has discussed adoption with the child;
  4. Any hope and expectations the prospective adopter has for the child's future;
  5. The prospective adopter's wishes and feelings in relation to contact.

Part 3: Actions of the adoption agency

  1. Brief account of the Agency's actions in the case, with particulars and dates of all written information and notices given to the prospective adopter;
  2. The Agency's proposals for contact, including options for facilitating or achieving any indirect contact or direct contact;
  3. The Agency's opinion on the likely effect on the prospective adopter and on the security of the placement of any proposed contact;
  4. Where the prospective adopter has been approved by an agency as suitable to be an adoptive parent, the agency's reasons for considering that the prospective adopter is suitable to be an adoptive parent for this child (with dates of relevant decisions).

Section D: The Placement

  1. Where the child was placed for adoption by an adoption agency (Section 18 of the 2002 Act), the date and circumstances of the child's placement with prospective adopter;
  2. Where the child is living with persons who have applied for the adoption order to be made (Section 44 of the 2002 Act), the date when notice of intention to adopt was given;
  3. Where the placement is being provided with adoption support, this should be summarised and should include the plan and timescales for continuing the support beyond the making of the adoption order;
  4. Where the placement is not being provided with adoption support, the reasons why;
  5. A summary of the information obtained from the Agency's visits and reviews of the placement, including whether the child has been seen separately to the prospective adopter and whether there has been sufficient opportunity to see the family group and the child's interaction in the home environment;
  6. An assessment of the child's integration within the family of the prospective adopter and the likelihood of the child's full integration into the family and community;
  7. Any other relevant information that might assist the court.

Section E: Recommendations

  1. The relative merits of adoption and other orders with an assessment of whether the child's long term interests would be best met by an adoption order or by other orders (such as child arrangements orders and special guardianship orders);
  2. Recommendations as to whether or not the order sought should be made (and, if not, alternative proposals);
  3. Recommendations as to whether there should be future contact arrangements (or not).

2. Placement Order Applications

The Child Permanence Report serves as the Application for a Placement Order, once the document has been ratified by the Agency Decision Maker and the SHOPBA Decision has been made. The CoramBAAF Front sheet formally converts the Child Permanence Report into a Placement Order Application and, following the SHOPBA Decision from the Agency Decision Maker, must be completed and attached to the CPR, before being submitted to court.

3. Special Guardianship - Matters to be Dealt with in Report for the Court

Note: see also Guidance regarding the process of assessment in 'Timetabling and Timescales for Full Family and Friends Assessment' (Family Justice Council, May 2019).

1. In respect of the child:

Caption: in respect of the child
   
a. Name, sex, date and place of birth and address including local authority area;
b. A photograph and physical description;
c. Nationality (and immigration status where appropriate);
d. Racial origin and cultural and linguistic background;
e. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies);
f. Details of any siblings including their dates of birth;
g. The extent of the child's contact with his relatives and any other person the local authority consider relevant;
  ga. Any harm the child has suffered;
  gb. Any risk of future harm to the child posed by the child's parents, relatives or any other person the local authority consider relevant.
h. Whether the child is or has been looked after or is or has been provided with accommodation by a voluntary organisation and details (including dates) of placements by the authority or organisation;
i. Whether the prospective Special Guardian is a local authority foster parent of the child; 
j. A description of the child's personality, his social development and his emotional and behavioural development and any related current or likely future needs;
k. Details of the child's interests, likes and dislikes;
l. A health history and a description of the state of the child's health which shall include any treatment the child is receiving;
m. Names, addresses and types of nurseries or schools attended with dates;
n. The child's educational attainments;
o. Whether the child is subject to a statement of special educational needs; and
p.

Details of any order made by a court with respect to the child under the Act including:

  1. The name of the court;
  2. The order made; and
  3. The date on which the order was made.

2. In respect of the child's family:

a. Name, date and place of birth and address (and the date on which their last address was confirmed) including local authority area of each parent of the child and his siblings under the age of 18;
b. A photograph, if available, and physical description of each parent;
c. Nationality (and immigration status where appropriate) of each parent;
d. Racial origin and cultural and linguistic background of each parent;
e. Whether the child's parents were married to each other at the time of the child's birth or have subsequently married and whether they are divorced or separated;
f. Where the child's parents have been previously married or formed a civil partnership, the date of the marriage or civil partnership;
g. Where the child's parents are not married, whether the father has Parental Responsibility and, if so, how it was acquired;
h. If the identity or whereabouts of the father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity;
i. The past and present relationship of the child's parents;
j.

Where available, the following information in respect of each parent:

  1. Health history, including details of any serious physical or mental illness, any hereditary disease or disorder or disability;
  2. Religious persuasion;
  3. Educational history;
  4. Employment history;
  5. Personality and interests.
k. In respect of the child's siblings under the age of 18-(i) The person with whom the sibling is living;(ii) Whether the sibling is looked after by a local authority or provided with accommodation by a voluntary organisation; and(iii) Details of any court order made with respect to the sibling under the Act, including the name of the court, the order made and the date on which the order was made.

3. In respect of the wishes and feelings of the child and others:

a.

An assessment of the child's wishes and feelings (considered in light of his age and understanding) regarding:

  1. Special Guardianship;
  2. His religious and cultural upbringing; and
  3. Contact with his relatives and any other person the local authority consider relevant, and the date on which the child's wishes and feelings were last ascertained.
b.

The wishes and feelings of each parent regarding:

  1. Special Guardianship;
  2. The child's religious and cultural upbringing; and
  3. contact with the child, and the date on which the wishes and feelings of each parent were last ascertained; and
c. The wishes and feelings of any of the child's relatives, or any other person the local authority consider relevant regarding the child and the dates on which those wishes and feelings were last ascertained.

4. In respect of the prospective Special Guardian or, where two or more persons are jointly prospective Special Guardians, each of them:

a. Name, date and place of birth and address including local authority area;
b. A photograph and physical description;
c. Nationality (and immigration status where appropriate);
d. Racial origin and cultural and linguistic background;
e.

If the prospective Special Guardian is:

  1. Married, the date and place of marriage;
  2. Has formed a civil partnership, the date and place of registration of the civil partnership; or
  3. Has a partner, details of that relationship.
f. Details of any previous marriage, civil partnership, or relationship;
g. Where the prospective Special Guardians wish to apply jointly, the nature of their relationship and an assessment of the stability of that relationship;
h. If the prospective Special Guardian is a member of a couple and is applying alone for a Special Guardianship Order, the reasons for this;
i. Whether the prospective Special Guardian is a relative of the child;
j. As assessment of the prospective Special Guardian's current and past relationship with the child;
k. A health history of the prospective Special Guardian including details of any serious physical or mental illness, any hereditary disease or disorder or disability;
l. A description of how the prospective Special Guardian relates to adults and children;
m. Previous experience of caring for children;
n.

An assessment of the prospective Special Guardian's parenting capacity including:

  1. Their understanding of, and ability to meet the child's current and likely future needs, particularly, any needs the child may have arising from harm that the child has suffered;
  2. Their understanding of, and ability to protect the child from any current or future risk of harm posed by the child's parents, relatives or any other person the local authority consider relevant, particularly in relation to contact between any such person and the child;
  3. Their ability and suitability to bring up the child until the child reaches the age of eighteen.
o. Where there have been any past assessments as a prospective adopter, foster carer or Special Guardian, relevant details as appropriate;
p. Details of income and expenditure;
q. Information about the prospective Special Guardian's home and the neighbourhood in which he lives;
r. Details of other members of the household and details of any children of the prospective Special Guardian even if not resident in the household;
s. Details of the parents and any siblings of the prospective Special Guardian, with their ages or ages at death;
t. The following information:
  1. Religious persuasion;
  2. Educational history;
  3. Employment history; and
  4. Personality and interests.
u. Details of any previous family court proceedings in which the prospective special guardian has been involved (which have not been referred to elsewhere in the report);
v. A report of each of the interviews with the three persons nominated by the prospective Special Guardian to provide personal references for him;
w. Whether the prospective Special Guardian is willing to follow any wishes of the child or his parents in respect of the child's religious and cultural upbringing;
x. The views of other members of the prospective Special Guardian's household and wider family in relation to the proposed Special Guardianship Order;
y. An assessment of the child's current and future relationship with the family of the prospective Special Guardian;
z. Reasons for applying for a Special Guardianship Order and extent of understanding of the nature and effect of Special Guardianship and whether the prospective Special Guardian has discussed Special Guardianship with the child;
aa. Any hopes and expectations the prospective Special Guardian has for the child's future; and
bb. The prospective Special Guardian's wishes and feelings in relation to contact between the child and his relatives or any other person the local authority considers relevant.

5. In respect of the local authority completing the report:

  1. Name and address;
  2. Details of any past involvement of the local authority with the prospective special guardian, including any past preparation for that person to be a local authority foster carer or adoptive parent or Special Guardian;
  3. Where the prospective Special Guardian lives in the area of another local authority, details of the local authority's enquiries of that other local authority about the prospective Special Guardian;
  4. A summary of any Special Guardianship support services provided by the authority for the prospective Special Guardian, the child or the child's parent and the period for which those services are to be provided; and
  5. Where the local authority has decided not to provide Special Guardianship support services, the reasons why.

6. A summary prepared by the medical professional who provided the information referred to in paragraphs 1(l) and 4(k).

7. The implications of the making of a Special Guardianship Order for:

  1. The child;
  2. The child's parent;
  3. The prospective Special Guardian and his family; and
  4. Any other person the local authority considers relevant.

8. The relative merits of Special Guardianship and other orders which may be made under the Act or the Adoption and Children Act 2002 with an assessment of whether the child's long term interests would be best met by a Special Guardianship Order.

9. A recommendation as to whether or not the Special Guardianship Order sought should be made in respect of the child and, if not, any alternative proposal in respect of the child.

10. A recommendation as to what arrangements there should be for contact between the child and his relatives or any person the local authority consider relevant.

11. The prospective carers should have time to read the assessment report before it is filed and comment on the report.

Following the filing of the report, the prospective carers should be given the opportunity to seek independent advice and legal advice to understand fully the implications of any Orders made and if need be, make applications of their own.

12. A Special Guardianship Support Plan will need to be provided around the time of filing the Special Guardianship Order report and its recommendation, detailing the support to be provided to the carers and the child and include contact for the child with their birth parents. The potential applicants should be able to seek legal advice about the Support Plan.