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Contents

1. Introduction
2. Veto
3. The Adopted Adult - Access to their Adoption Case Records
4. Applying to Other Agencies for Information
5. Counselling
6. Recording of the Provision of Information
7. Provision of Information from Adoption Records for other Agencies
8. Incomplete Information or Records Lost
9. Identifying Information

Appendix A - Adoption Person Confidentiality Agreement

Appendix B - Receipt of Adoption File

1. Introduction

The regulations require priority to be given to applications where the adoptions took place before 12 November 1975 See section 5 Counselling. If the adopted adult wishes to search, there is recognition that those who relinquished a child for adoption many years ago, are now elderly and access to successful searching may be time-limited.

Where the request includes for information about siblings adopted elsewhere (who may be young adults), although Kirklees is not required to routinely seek the views of the adoptive parents, it will need to exercise its discretion as to whether it is appropriate to do so having regard to the particular circumstances.  These views on their own will not be the decisive factor, but will be part of a range of factors that must be taken into account before a decision is made.

2. Veto

An adopted person may notify Kirklees in writing, as the adoption agency who placed them for adoption, that they do not wish their birth family to contact them and also put a VETO on the Adoption Contact Register, maintained by the Registrar General.  Kirklees will keep a written record of any veto on the Kirklees Adoption Register.

There are two types of vetos:

• An absolute veto, where the adopted adult specifies they do not wish to be approached in any circumstances
• A qualified veto, stipulating to intermediary agencies who may approach the adopted adult in what circumstances they would accept the approach (eg with vital medical information or a bequest).   Kirklees must have regard to this when deciding whether or not to proceed with an application for information from a birth family member.

Any veto registered must be registered by the adopted person and must be an informed veto ie Kirklees must be satisfied that the adopted person fully understands the implications of the veto.  Kirklees will explore with the adopted person the reasons for wishing to register the veto and will explain clearly the implications of doing so.

Kirklees must also explain to the adopted person their right to withdraw the veto at any time and the steps which will need to be taken to do so.

Kirklees will consider the need for counselling whenever working with an individual wishing to register, amend or withdraw a veto. Any discussion undertaken with the adopted person on this matter will be recorded on the case file.

If Kirklees feels that information from the birth family and the circumstances warrant contact with an adopted person who has registered an absolute veto (i.e. to pass on medical information) it may do so, but this decision will need to be made by an Adoption Team Manager or the Family Placement Unit Manager.  This contact would only be between Kirklees and the adopted person.  Any requested contact by the birth family member would not be explored if a birth relative has been able to establish the identity and/or whereabouts of the adopted person without assistance from Kirklees or any other agency, they may apply to Kirklees to make an initial approach.  If there is a Veto precluding this, Kirklees will not make the approach, unless the circumstances of the case warrant it.  If the birth relative holds enough information to enable them to make a direct approach, Kirklees will notify the adopted person of this.

Kirklees would also advise them of the situation and that the veto would need to be amended or withdrawn to enable Kirklees to facilitate the contact and provide counselling and support.  If the adopted person does not wish to amend or withdraw the veto, Kirklees must inform the adopted person that the birth relative may choose to make a direct approach anyway.

3. The Adopted Adult - Access to their Adoption Case Records

It has been a long established right for adopted persons to obtain information about their adoption and family history by applying to the appropriate adoption agency (Adoption Agencies Regulations 1983).  Their birth records can include identifying information about their birth parent(s), siblings and possibly, others who were involved in their adoption. There are two different aspects to the service:

1. Access to Records - assisting adopted persons aged 18 or over to obtain information in relation to their adoption (this does not constitute an intermediary service - it is a right under Adoption Agency Regulations 1983)
2. Birth Family Trace - facilitating contact between such persons and their birth relatives (this constitutes an intermediary service and is subject to Intermediary Services Regulations 2005)

This procedure concerns Access to Records only where an adopted adult is applying for Kirklees to seek information which may be used to establish the identity of, and facilitate contact with, the birth family and/or assist adopted persons in obtaining relevant historical information about themselves and their birth family.

As previously stated, where demand for service is high, priority will be given to applications in relation to adoption which took place before 12 November 1975 except where Kirklees is satisfied that the circumstances are sufficiently exceptional and time is of essence.

Upon an application being made, Kirklees must take reasonable steps to verify the identity of the applicant.  Kirklees will verify and photocopy the applicant's identity before sharing any information.  Kirklees will request the following:

• either a passport, driver's licence or another form of photographic identification from a reliable source
• a copy of the adopted person's original birth certificate or adoption certificate
• any other documentation it considers appropriate in order to be satisfied about the individual's identity

The adopted person has a right, at his/her request, to receive:

• From the appropriate adoption agency:
  1. any information which would enable him to obtain the original birth certificate (unless the High Court orders otherwise)
  2. the information prescribed to be provided to prospective adopters
• From the court that made the Adoption Order, any report other than protected information and the relevant order
• If  Kirklees feels it is appropriate to share information about a third party, all reasonable steps must be taken to obtain the views of that person about the disclosure
• In deciding whether it is appropriate to share information about another adult the agency must consider:
  1. the welfare of the adopted person
  2. any views of the parties concerned
  3. any other matters and circumstances of the case
• In deciding as above about a child, the agency must consider:
  1. the appropriateness of proceeding
  2. the views of the parent or guardian of the child
  3. the views of the child, if appropriate
  4. Where the information is about a young adopt, reasonable steps to obtain his/her views must be taken
  5. The child's welfare must be paramount
• Before deciding whether it is appropriate to proceed the adopted adult's welfare must be taken into account

4. Applying to Other Agencies for Information

If Kirklees does not hold the adoption records, Kirklees must take all reasonable steps to establish whether an adoption agency was involved and if so, to identify the appropriate adoption agency.  This can be done by:

• Written request for the information to the Registrar General. If the Registrar General holds no information about the adoption he is obliged to disclose this to Kirklees.
• Written request to the court that made the adoption order.  If the Registrar General does not hold information as to regarding which adoption agency was involved, they are obliged to inform Kirklees of the details of the court which made the adoption order.
• Written request to other local authorities in the area.  Another Local Authority may have placed the child, or may be able to signpost Kirklees to the agency which holds the relevant case records.

If Kirklees decides to proceed, it may seek information from the adoption records of the other agency.  The adoption agency must take reasonable steps to provide the requested information to Kirklees, provided it is satisfied that the reasons for the information are in line with the Adoption Agencies Regulations 1983.  Kirklees must respect any conditions or restrictions that the adoption agency may impose as to safeguarding the disclosure of that information.

5. Counselling

Where a person applying for information from his/her adoption record was adopted before 12 November 1975, the information must not be given to the applicant unless he/she has received counselling in accordance with Schedule 2, Adoption and Children Act 2002

This counselling must be provided by the Registrar General, any Local Authority or registered Adoption Agency.

At the commencement, documentation will be received from the General Register Office (GRO) requesting that Schedule 2 work be carried out with the applicant. The details will be entered onto Carefirst. In accordance with a letter that the service user receives from the GRO it is expected that they will contact the Adoption Team to arrange an appointment. If no contact is made within two months of receipt of the documentation, then the papers should be returned to the GRO.

If an appointment is made then the applicant will be invited to attend the office of the Adoption Team to see a social worker. The role of the adoption worker is to be helpful as possible in establishing and meeting the adopted person's need for information, and to try and help him/her to understand the consequences of any action they may take.

The worker does not have the right to withhold the basic information which will give the adopted person access to his/her birth records. This applies in all but the most exceptional cases where the worker is worried about possible consequences from the information in the records. In such an instance the worker should obtain the advice of the Registrar General. Potential problems may be explored by contacting individuals or agencies involved, but additional work after the first interview will need to be by mutual agreement with the applicant. The applicant will have been asked to bring with him/her some evidence as to his/her identity, e,g, medical card, passport/identity card, driving licence, and this should be checked before disclosing any information from the record

It is important that records are kept of all interviews and that all documents received from the GRO should be scanned onto Carestore.

Where counselling has been provided the applicant signs to state this has been undertaken using the attached relevant form.

6. Recording of the Provision of Information

The case record will contain details of the counselling offered and any undertaken, along with a list of the documents provided from the file which is signed by the applicant.

If any Veto has been lodged on the Adoption Contact Register maintained by the Registrar General, details of this will be recorded on the adoption case file for future reference.

7. Provision of Information from Adoption Records for other Agencies

There may be requests from other Local Authorities and Voluntary Adoption Agencies (VAA). The process to be followed is firstly to carry out a check of the Adoption Register and the index for records held prior to the Adoption Register commencement. A request is made to the Admin Officer to retrieve any records held from storage.

The Local Authority or VAA are informed that we do hold records and that a request as been made for them to be retrieved from storage.

Details of the application are entered onto Carefirst.

When records are received from storage, these are examined and relevant information extracted and photocopied from the documents. They are forwarded by recorded delivery to the relevant Local Authority or VAA along with Adopted Persons Confidentiality Agreement and Receipt of Adoption File and Schedule 2 (Access to Records) documents. See copy of these documents attached.

On receipt of the above two documents. These will be scanned onto ESCR along with any other relevant information received from the LA/VAA and the case will be closed.

8. Incomplete Information or Records Lost

The Registrar General may hold information that would enable an application to be made for a certificate from the Adopted Children Register.  This may be for private adoptions or where the adoption records have been lost or incomplete.  It may be necessary to apply to the Registrar General for the information which links an entry in the Register of Births to an entry in the Adopted Children Register. The Registrar General may charge a fee of £10 for disclosing this information. Depending on the circumstances this cost may be requested to be met by the applicant.

If the identity of the appropriate adoption agency is unclear, a request as to this information can be made of the Registrar General. If the Registrar General does not hold information about the appropriate adoption agency, he is required to notify the intermediary agency in writing and provide details of the court that made the adoption order.  The court is then required to disclose the information it may hold or notify the intermediary agency in writing, specifying the searches that have been made.  If it believes this information is held by another court, it must provide written details of that court.  The court may charge a fee for this service, not to exceed £20. This cost should be met by the applicant.

9. Identifying Information

Identifying information is information which, whether taken on its own or together with other information possessed by the applicant, enables the subject to be identified or traced. Sensitive identifying information must be properly safeguarded where the subject has no wish to be traced or to have their details passed on. To contravene this is an offence.

End