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Contents

1. Role of the Adoption Panel
2. Membership of the Adoption Panel
3. Appointment of Panel Members 
4. Tenure of Office of Members of the Panel
5. Legal Representation
6. Organisation of Panel Meetings
7. Presenting Information to the Adoption Panel
8. Chairing the Panel
9. Voting
10. Independent Review Mechanism

Appendix 1 Adoption Panel Member

Appendix 2 The Role of the Legal Adviser to the Adoption Panel

Appendix 3 The Role of the Medical Adviser to the Adoption Panel

Appendix 4 The Role of the Education Adviser to the Adoption Panel

1. Role of the Adoption Panel

To consider reports on prospective adopters and make recommendations as to whether the adopter is suitable to adopt a child, including giving advice as to the terms of any approval.

To consider the case of every child referred to Panel requiring Permanency Plans and to make a recommendation as to whether the child should be placed for adoption, including giving advice as to whether an application for a Placement Order should be made.

To consider any proposed adoptive placements referred to Panel and make a recommendation as to whether the child should be placed for adoption with a particular prospective adopter, including considering the proposals for provision of Adoption Support Services and any contact arrangements proposed.

To consider the progress of children's cases with a confirmed adoption plan but not placed within six months and review approved adopters without a placement at least annually. A review of service activity will be presented to the Panel six monthly, including children placed but not yet adopted. Other reviews may be brought to consider specific issues, for example:

1. Where there has been a major change in the adopter's circumstances
2. Following child protection concerns in an adoptive placement
3. Where there are serious concerns re the standard of care being provided
4. Where a placement has disrupted, feedback will be presented to Panel following the disruption meeting see Disruption of Adoptive Placements Procedure

To consider recommendations regarding termination of an adopter's approval (following a review or concerns having arisen) and to be provided with information regarding termination of carers who have resigned or where a specific child has left the placement. See Allegations Against Prospective Adopters Procedure

NB. Where the Adoption Panel, because of allegations of abuse, recommends the termination of the adopter's approval and this is agreed, the Regulatory Authority will be informed. A child protection Strategy Meeting will have considered whether the adopters who have been subject to allegations will be referred to the Independent Safeguarding Authority. The Adoption Panel will be informed of any decision to include adopters on the ISA List.

To consider the views of applicants in relation to recommendations for approval or otherwise and to consider the views of approved adopters in relation to recommendations to vary the terms of their approval.  New applicants or approved carers are invited to attend the panel or make written representations.

To consider issues of quality with regard to assessments and childcare planning, and ensure that a consistent approach is applied to all matters presented for consideration.

To receive management information twice a year to allow the panel to monitor the business of the adoption agency and the needs of children requiring placement.

In all cases the Adoption Panel will make recommendations and refer these to the Agency Decision Maker for his/her decision. The Agency Decision-Maker can choose to make a different decision from the recommendation made.

2. Membership of the Adoption Panel

There are to be no more than 10 voting members of the Adoption Panel. Recruitment to the Adoption Panel is delegated to the Family Placement Unit Manager by the Agency Decision Maker. The constitution of the Adoption Panel includes as follows:

1 x Independent Chair This person should have the skills and experience necessary for chairing an adoption panel.

Minimum 3 x Independent Members These members should include two people with personal experience of adoption.

2 x Members Two social workers each with at least three years post qualifying experience.

1 x Member The Medical Adviser to the Kirklees Adoption Agency. The Medical Adviser is a full Adoption Panel Member (See Appendix  3)

1 x Member With expertise in education matters (Education Advisor see Appendix 4)

1 x Member  An elected member of the Kirklees Council.

The Panel Chair is appointed by the Agency Decision Maker. He/she will be a person with extensive experience of family placement work and will have the skills and experience necessary for chairing an Adoption Panel.  The appointment will be for one term of three years but can be extended at the discretion of the Agency Decision-Maker. No Panel member may hold office for more than three terms in total.

Observers who are new panel members, social workers or other allied professionals may attend the panel.  A maximum of two observers may attend with the agreement of the Chair who should consider the sensitive nature of the cases to be heard before making a decision.

All new Panel members must undergo a recruitment process, providing evidence of identity, qualifications and any relevant memberships of professional bodies. Enhanced CRB checks are undertaken and new members must sign a Confidentiality Agreement prior to commencement of panel duties.  A file is held on each Panel member in the Family Placement Unit. Panel members should inform the Panel Adviser at once if they are charged, convicted or cautioned for any criminal offence.

At all times the membership of the Adoption Panel, will as far as possible, reflect the diversity of the Kirklees population and will include a balance of male and female members.

In the event of there being a possible conflict of interest, which occurs because of a panel member's personal/ professional involvement with a case which is being presented to the Adoption Panel, it is the responsibility of the Panel member to bring this to the attention of the Chair.  The Chair will decide whether that person should be withdrawn from the Panel while recommendations are considered.

A member of the Adoption Panel will be appointed as Vice Chair. This will be a member of the Panel suitable to act as Chair in the absence of the Chair or where that office is vacant.

Panel members must agree to attend a minimum of one training session  which will be arranged each year, jointly with the Adoption Service social workers in order to ensure the continuous development of the expertise of the Panel.

3. Appointment of Panel Members 

The process undertaken to appoint an Adoption Panel Member is described at Appendix 1 and includes the Job Description of a Panel Member and a Person Specification.

4. Tenure of Office of Members of the Panel

Members of the Adoption Panel are appointed for one term of three years.  However, members may be able to extend their period of office. No Panel member may hold office for more than three terms in total.

Regular attendance is crucial in order to ensure the quoracy and effective functioning of the Adoption Panel. All Panel members should aim for a minimum 75% attendance. Attendance will be scrutinised as part of the Annual Review of the adoption service.

Any panel member may resign his office at any time by giving one month's notice in writing to the Agency Decision-Maker.

Where a member of the Adoption Panel is deemed for some reason to be unsuitable, his or her membership may be terminated at any time by giving notice in writing.

5. Legal Representation

The Adoption Panel must seek legal advice on all cases of children coming before Panel and may, where necessary, seek other legal advice from the solicitor designated as Legal Adviser to Panel within the Kirklees Legal Services.  This legal representative may address the panel on a specific item at the discretion of the Chair. The role of the Legal Adviser is set out at Appendix 2.

6. Organisation of Panel Meetings

The panel will usually meet monthly on the third Monday of each month (subject to Bank Holidays) between 1.45pm and 5.15pm.  Meetings will be cancelled, or an additional meeting arranged as necessary. 

Panel meetings will be quorate where a minimum of 5 voting members are present, one of whom must be a member who holds independent status, one a social worker member and the Chair or Vice Chair.

A Panel Administrator is always present to take the minutes, alert the Chair to any matters requiring his or her attention and to collect the papers at the end of the meeting.

A Panel Adviser has been appointed to the Kirklees Adoption Panel, who is present to advise on regulations, policy and procedure and to take feedback from the panel to the Family Placement Unit.

The Kirklees Medical Adviser is in attendance to provide medical advice regarding applicants and children, but is also a full Panel member and takes a full part in the discussions.  In cases where the Medical Adviser is absent he will provide written reports to the panel.

All reports sent out by post to applicants or panel members must be sent out by recorded delivery. They must be received by the panel members 5 working days before the meeting at which they are to be considered.

The panel will reserve the right to defer discussion (of any items) if insufficient information is received on which to make a recommendation.

A written record is kept of the Adoption Panel's deliberations. Minutes of meetings, including recommendations made and the reasons for recommendations are forwarded to the Agency Decision Maker, who adds the Agency Decision and signs the minutes. Signed minutes are then filed securely by the Panel Administrator.

Prospective adopters are invited to attend the meeting of the Panel at which there application is being considered. If they wish to attend, the Panel will make their recommendation following the prospective adopter's attendance. Every effort is made to put visitors to the Panel at ease and to understand the process.

The Panel Administrator ensures that all panel papers sent to panel members are returned to the Family Placement Unit and securely stored or destroyed as appropriate.

It is Kirklees policy that the Unit Manager has delegated responsibility for the functioning of the Adoption Panel. He/she may choose to attend from time to time in order to scrutinise the servicing and operation of the Panel and to maintain links with the recommending body for which she has delegated responsibility from the Divisional Manager and Head of Service.

7. Presenting Information to the Adoption Panel

Reports relating to applicants will be presented in British Association for Adoption and Fostering (BAAF) Form F format (See Procedure for conducting assessments - to follow).

BAAF Child's Permanence Report, Child Placement Report and Adoption Support Plan will be used when considering a child's case or a match for a child with an approved adopter.

Medical reports will be provided by the Medical Adviser in respect of all children and applicants. On preparing for presentation of cases at Adoption Panel, social workers should note:

• Reports regarding applicants should be no more than 2 years old.
• Reports regarding children should have been completed within 12 months, or 6 months for children under 2 years old.

Reports must be presented to the Adoption Panel in person by the Social Worker responsible for writing the reports or by their line manager in his/her absence.

8. Chairing the Panel

The Chair of the Kirklees Adoption Panel is an independent person who has been appointed following a recruitment process. In addition to the duties as Chair they have the same responsibilities as other members of the panel as set out at Appendix 1.

The person appointed should demonstrate the necessary skills and experience and would be disqualified from being appointed where in the last year they have been or are a member or employee of Kirklees Council or are related to an employee of Kirklees.

The most significant qualities to be sought in recruiting the Panel Chair are:

• authority and competence to chair a Panel
• the ability to analyse and explain complex information
• the ability to identify key issues, problems and solutions
• excellent interpersonal, oral and written communication skills
• a sound understanding of the adoption process

The Panel Chair and Agency Decision Maker meet from time to time to discuss and review management information and Panel issues. This enables the Agency Decision-Maker to give feedback on the quality of reports before the Panel and Panel minutes.

The Panel Chair has an annual Professional Development Review which is delegated by the Agency Decision-Maker to be completed by the Unit Manager, Family Placement. The Unit Manager will ensure he/she observes Panel at least twice a year.

The Panel Chair will be involved, with the Panel Advisor and Unit Manager, in recruiting and inducting new Panel members. He/she will contribute to the annual appraisal of Panel members against the responsibilities set out in Appendix 1.

On resigning the position of Chair, there should be one month notice given in writing.

9. Voting

Panel members will be asked their individual views regarding recommendations and panel members should try to reach a consensus. No one view will carry more weight than any other. Any dissension from the group should be clearly recorded with any reservations clearly stated.

Where the panel is evenly balanced with half agreeing to recommend approval and half not and it is not possible to make a positive recommendation, the panel may either defer for more information or refer the matter to the Agency Decision-Maker. The Agency Decision- Maker will decide whether to approve the item. In complex cases the Agency Decision-Maker may want to clarify points with the Chair, Legal Adviser or the Panel Adviser before making a decision.

10. Independent Review Mechanism

Where the Adoption Panel recommends that an applicant is not suitable to adopt a child, in reaching his/her decision the Agency Decision-Maker should in reading the minutes of the meeting have particular regard to the Panel's reasons and any particular concerns that are recorded. The Agency Decision-Maker's decision, the reasons for that decision and his/her views on the Panel's advice should be recorded with the minutes and placed on the prospective adopter's case record.

If the Agency Decision-Maker is minded not to accept the recommendation of the Panel, this will be discussed with the Divisional Manager/ Family Placement Unit Manager, who are not Adoption Panel members, and the outcome recorded on the prospective adopter's case record.

The Agency Decision-Maker will notify the prospective adopter in writing that he/she proposes not to approve them as suitable to adopt a child (this is known as a 'qualifying determination') together with the reasons. If the Panel's reasons for not recommending are different, these are also included in the notification.

The prospective adopter is advised in the same notification that they have 40 working days from the date of this letter in which to respond in one of the following ways:

1. They may submit any representations they wish to make to the Agency Decision-Maker
2. They may apply for a review by the Independent Review Mechanism of the 'qualifying determination' by writing to the Independent Review Panel Administrator. Details of how to do this will be given in the notification letter

If the prospective adopter does not make any representations to Kirklees or apply to the Independent Review Mechanism within 40 working days, the Agency Decision-Maker will proceed with the decision, together with the reasons, and notify the prospective adopter in writing.

Where the prospective adopter makes further representations to the Agency Decision-Maker, he/she will consider the representations and MAY refer the case to the Adoption Panel for further consideration. In such circumstances, the Panel are required to make a fresh recommendation to the Agency Decision-Maker as to whether the applicant is suitable to adopt a child.

Alternatively, where a prospective adopter has applied to the Independent Review Mechanism for a review of their assessment, the Independent Review Panel will make a recommendation, which will then be sent to the Kirklees Agency Decision-Maker. The Agency Decision-Maker must inform the IRM of his/her decision. 

In either of the previous circumstances the Agency Decision-Maker makes his/her decision, taking into account the recommendations made and notifies the prospective adopters of the decision including the reasons for it. As before, the notification includes the Panel's reasons where these were different from those of the Agency Decision-Maker.

NB: The Independent Review Panel does not have the power to overturn the Agency Decision-Maker's decision.

Appendix 1 Adoption Panel Member

Job Description

Purpose of Role:

Kirklees Adoption Panel undertakes important and complex work in fulfilling the statutory obligations as an Adoption Agency. The core work of the Adoption Panel is to consider the assessment of prospective adopters and to make recommendations as to whether they are suitable to adopt a child/children; to consider the needs and circumstances of individual children and to make recommendations as to whether they should be adopted; to consider a match between a child/children and prospective adopters and to make recommendations regarding the prospective placement and the related adoption support plan.

Accountable To:

Unit Manager, Family Placement and Chairperson, Adoption Panel

Duties and Responsibilities

1. A Panel member is required to consider reports presented to him/her, meet at Panel meetings prospective adopters who accept an invitation to the Panel, and recommend to the Agency Decision-Maker in relation to the following:
   • Whether a prospective adopter is suitable to adopt a child
   • From the reports may consider and give advice regarding the number, age, sex, likely needs and background of children that the applicant is suitable to adopt
   • Whether a child should be placed for adoption
   • From the reports must consider and may give advice about any contact arrangements and whether the agency should apply for a Placement Order 
   • Whether a particular approved adoptive family is suitable for a child/sibling group
   • Whether the adoption support plan is appropriate with regard to post placement and post adoption support
   • Periodical review of children where adoption is the plan but he/she is not yet placed
   • The review of adoption placements where the child/children has been placed for more than 1 year prior to the making of an adoption order.
   • The continuing approval of an adoptive family awaiting a placement and any changes of profile to be considered
   • Review of adoption placements which disrupt
   • Case discussions/consultation to assist in decision making
2. To assist the Panel to meet and maintain its statutory requirements under the Adoption Agencies Regulations 2005, ensuring advice is obtained from the Legal Advisor and a request is made for any further information that the Panel member feels is necessary to have in relation to matters brought before it.
3. To monitor and feedback to the Panel Chair and Professional Advisor, views on the quality of the Kirklees Children and Young People Service work in the area of adoption.
4. To monitor the Kirklees MC's ability to meet the National Adoption Standards targets and to receive and comment upon six monthly reviews of the service.
5. To ensure the safe and confidential storage of all documents sent to the Panel member for consideration prior to a meeting and the return of all such documents to the Panel Administrator at the conclusion of the meeting to which they relate.
6. To understand the importance of quoracy in fulfilling the Adoption Agencies Regulations 2005, to ensure their personal and professional commitment to attendance is maximised and any non attendance be notified to the Panel Administrator with as much notice as possible.
7. As part of continuing development as a Panel member, to attend a minimum of one training day per year together with the social workers and managers of the Adoption Agency and to keep up to date an information file containing all information and training related to the Panel member's role.
8. To work in an anti-discriminatory way and be sensitive to issues of diversity and promotion of equal opportunities.
9. To undergo an annual Professional Development Review, usually undertaken by the Panel Chair and a manager of the Adoption Agency, related to all the above matters.

Person Specification

Essential Requirements for all Panel Members:

1. Must be prepared to develop a working knowledge and keep up to date with adoption agencies legislation, regulations and practice as they relate to the operation of the panel
2. Must be able to use their expertise independently - of agency, family, etc  in carrying out their role.
3. Must be able to read and analyse reports.
4. Must be committed to regular attendance.
5. Must be committed to taking part in discussion and prepared to accept responsibility for an equal role in the recommendation process.
6. Must be committed to permanency and long term planning for children and young people.
7. Must be committed to the Kirklees MC values, principles and objectives, as laid out in the Statement of Purpose of the Kirklees MC Adoption Service.
8. Must acknowledge the complete confidentiality of all information they receive in connection with their duties as Panel members, and follow protocol in relation to receipt and storage of confidential papers.
9. Must be willing to participate in training provided by Kirklees MC to incorporate heightened awareness of implications of new legislation and current professional practice issues in relation to adoption work and the best interests of children.

Terms and Conditions of Appointment

1. Panel members are required to provide proof of identity and membership is subject to a satisfactory enhanced Criminal Records Bureau check.
2. Panel members are required to provide proof of relevant qualifications and any membership of professional bodies related to their role.
3. All Panel members must sign a confidentiality statement.
4. A bi-annual or annual training day will be arranged by Kirklees MC; there is a clear expectation that Panel members will attend.  Members will be consulted on the content and format of the training day.
5. Panel members are entitled to claim expenses for travel, mileage, parking fees and child care costs.
6. It is possible for a Panel member to have some knowledge, either in a personal or professional capacity, of a case under consideration. In such circumstances a member should declare an interest and inform the Chair or Vice Chair of the Panel accordingly.
7. Panel members should be committed to anti-discriminatory practice and should be prepared to consider each case on its own merits.
8. An information package will be provided to Panel members who will   also have the opportunity of observing Panel prior to taking up appointment.
9. There is an expectation that Panel members will attend a minimum of 75% of meetings in a year. Members are also expected to advise the Panel Administrator if they are unable to attend panel giving as much notice as possible. This avoids panel having to be cancelled at the last minute avoiding distress for applicants and additional delays for children.
10. Panel members should have read the panel papers carefully, should attend panel meetings prepared to contribute to the panel discussion and to work within panel protocols.
11. The papers should be left with the Panel Administrator immediately after the meeting.
12. If a Panel member has any concerns about another Panel member's behaviour or conduct in the Panel, these should normally be raised in private with the Panel Chair.   The Panel Chair will discuss any issues of this nature with the Professional Advisor to Panel and if necessary will then address these with the Panel member in question. If these concerns cannot be resolved informally, the Unit Manager, Family Placement will put in writing the reasons why it intends to end the Panel member's appointment.
13. Members are expected to give a minimum of one months notice if they decide to resign. This enables the agency to seek a replacement to ensure that panel remains quorate.
14. Panel members must inform the Unit Manager, Family Placement at once if they have been convicted or cautioned for any criminal offence.
15. Panel members may hold office for a term not exceeding three years, and may not hold office for the adoption panel of the same adoption agency for more than three consecutive terms.

Appendix 2 The Role of the Legal Adviser to the Adoption Panel

Introduction:

There is a statutory requirement to seek legal advice on all matters referred to the Adoption Panel. However, the Legal Advisor is not a full member of the Adoption Panel, as with the Medical Advisor.

Legal Advice will be sought by the Adoption Managers on matters pertaining to the development of Kirklees Adoption Agency in line with statutory requirements.

1. Legal Adviser to the Kirklees Adoption Panel will, in conjunction with the Unit Manager, provide the Kirklees Adoption Agency with legal advice to facilitate the carrying out of its duties in relation to pre and post-adoption work within the laid down procedures and remit.
2. The Legal Adviser will consider any request in relation to adoption services made through the Kirklees Adoption Agency staff or its authorised agents and provide the necessary advice to facilitate the carrying out of its duties.
3. In Inter-Agency placements, the Legal Adviser may, after consultation with the relevant Adoption Team Manager, make further enquiries with the Legal Adviser of the placing local authority in relation to the adoption plan of the child's agency. The Legal Adviser should obtain sufficient information to establish the level of legal risk to which prospective adoptive families may be subjected.
4. The Legal Adviser will provide sufficient information on cases, the law and statutory regulations or guidance issued from time to time, to facilitate the Adoption Panel in the course of their duties.
5. Adoption Support issues may arise at the Adoption Panel or in relation to the requirements of the Adoption Support Services Regulations 2005. It will be part of the Legal Adviser role to provide consultation and legal advice appropriate for the Adoption Panel, the management team and Adoption Support Services Advisor on complex cases referred for an assessment of need or with an established Adoption Support Plan.
6. The Legal Adviser may be called upon in respect of staffing, complaints and other matters in connection with the work of the Kirklees Adoption Service, as agreed by the Assistant Director, Children and Families Service.

Appendix 3 The Role of the Medical Adviser to the Adoption Panel

Introduction

The Medical Advisor is a full member of Adoption Panel whose term of office is ongoing for as long as he/she is the local authority's Medical Advisor.

1. The Medical Adviser, as a member of the Adoption Panel, will evaluate the health information available to the Panel about children, birth families, and prospective adopters and advise Panel Members of any implications in relation to adoption.
2. The Medical Adviser advises Kirklees social work staff on:
   • arrangements for access to disclosure of medical information;
   • on provision of information to a prospective adoptive family;
   • on the provision of information to prospective adoptive family's GP and notification to Area Health Authority 
   • on the extent to which a child's health should be monitored during placement.
3. The Medical Adviser may be called upon in respect of complaints and other matters to do with Kirklees Adoption Agency work, as agreed by the Divisional Manager
4. Where an applicant is unsuitable to adopt and some or all of the basis for this lies with medical issues, the Medical Adviser will be involved in discussions with the GP and may be personally involved in discussing the reasons with the applicants as agreed with the Chair of Panel and the Professional Advisor to the Panel.
5. The Medical Adviser will meet regularly with Family Placement Unit managers and offer advice with regard to policy in relation to medical aspects of adoption.
6. The Medical Adviser will guide the Adoption Service on the information about the child's health, which should be provided to a prospective new family before placement. The Medical Adviser may choose to give this information personally to the new family and will advise on how the child's health should be monitored during the placement.
7. The Medical Adviser will liaise, as appropriate, with specialists and other medical personnel.
8. The Medical Adviser will be available to the Family Placement Unit for medical advice on general medical matters in connection with family placement work.
9. Following the placement of a child with prospective adopters, once an adoption application is to be lodged in court and dependent on the length of placement, the Medical Adviser may be required to complete a Summary for the Annex A Report of the child's health and the applicant's health. To achieve this, the social worker supervising the placement must request administration send to the Medical Adviser the previous medical information Form MB, Form C, D, School Health History, birth parent's Health History; Adult Medical Forms for Prospective Adopters; to obtain up-to-date information about the child and applicants. The completed Medical Summary will be incorporated into the Annex A Report.
10. Up-dating of Medical Records: The Family Placement Administration Team will maintain a system which requests of the Medical Adviser an up-date following a new medical for applicants, approved adopters, or children in placement.
    
    When new medical information on any of the parties is passed to the Adoption Service (including after an adoption is completed), the Medical Adviser should be consulted about the advisability of following this up and / or how best to up-date records held by Kirklees.

Appendix 4 The Role of the Education Adviser to the Adoption Panel

1. The Education Adviser to the Panel provides Kirklees Adoption Agency with the expertise to be aware of its duties with regard to a child's educational needs and how it is proposed these are met in relation to pre and post adoption work.
2. The Education Adviser will consider proposed matches for adoption regarding the provision of education services for a child to be placed with a particular adoptive family and will provide the necessary advice to assist recommendations and future actions needed to facilitate the provision of those services.
3. In Inter-Agency placements, the Adoption Team Manager may make further enquiries with the Education Adviser in relation to the identified education needs of the child to be placed with prospective adoptive parents.
4. The Education Adviser should feel he/she has sufficient information to establish a level of confidence in the prospective adoptive parents in matters relating to education services.
5. The Education Adviser, at the request of the Adoption Team Manager, may provide information to facilitate the Adoption Panel's ongoing development of expertise in relation to their duties.
6. The Education Adviser may, at the request of the Adoption Team Manager, liaise with particular schools where a child in placement may be experiencing difficulty or may need further support of a particular nature.

 

End