Sunday, June 26, 2011

Child abuse loophole to be closed

Child abuse loophole to be closed

Ministry of Justice

Child abuse loophole to be closed

22 June 2011

A legal loophole that could allow those who physically abuse children or vulnerable adults to escape justice is to be closed, the Government announced today.

There is already an offence (Section 5 of the Domestic Violence, Crime and Victims Act 2004) which makes it a criminal offence to cause or allow the death of a child or vulnerable adult. It was used successfully to prosecute Baby P ’s mother, boyfriend and lodger – where it was clear one of them caused Peter’s death, but police could not prove which of them was directly responsible. As a result they were all found guilty of causing or allowing his death.

However, causing serious physical harm, short of death, is not covered by this offence- meaning that those responsible could evade justice. That is why the Government has announced that it is backing Sir Paul Beresford’s Private Members’ Bill which will fill this gap in the law and help to ensure that some of the most vulnerable members of society are kept safe.

Justice Minister Crispin Blunt said:

'The Government intends to close the gap in the law which allows those who harm children and vulnerable adults to escape unpunished. We want to do everything possible to ensure that the most vulnerable members of society are kept safe in their homes and those that abuse their power do not evade justice.

'This is why we are giving Sir Paul Beresford's Bill our backing.'

The new offence will be used in cases where a child or vulnerable adult is deliberately seriously harmed and it is clear that one of a closed group of people has inflicted the injuries, but there is not enough evidence to prove who is responsible. This loophole in the law has enabled those who injure a child or vulnerable adult to escape justice by remaining silent or by blaming or lying for each other.

CPS data suggests there were more than 20 cases in 2010 where children and vulnerable adults have been seriously injured – broken bones, brain injuries – while their attacker has walked free. This new legislation will stop this injustice.

Notes to editors

1. For more information, please contact the Ministry of Justice press office on 02033343528.

Case study

Below is information from the CPS regarding cases where children were seriously harmed but no successful prosecution could be brought. We believe the proposed new offence would have allowed the CPS to prosecute these cases.

No one has been charged with causing the injuries in these cases, which are believed to be non-accidental.

  • The injuries inflicted on a two-week-old baby were:
    • Multiple fractures to left clavicle, left tibia, 6th, 7th, and 8th ribs;
    • Multiple bruises to left side of the upper neck, left cheek; left side of the face, left side of forehead; upper and lower eyelid;
    • Swelling/redness/ tenderness to the left clavicle region, lower leg;
    • Haemangioma on the back of the head.
  • The injuries discovered to a six month old child were:
    • An arm fractured in two places, one is a displaced fracture;
    • Fractured clavicle; and
    • Two ribs fractured.

Facts and figures

  • Sir Paul Beresford’s Private Members’ Bill which would extend the existing offence of causing or allowing the death of a child or vulnerable adult (in section 5 of the Domestic Violence, Crime and Victims Act 2004) to cover cases of causing or allowing serious harm (equivalent to grievous bodily harm) to a child or vulnerable adult.
  • The committee stage of this Bill will take place today (Wednesday 22 June).
  • CPS data suggests there is a real gap in the law in serious injury cases. Chief Crown Prosecutors in six CPS areas identified 20 potential cases involving children and three involving vulnerable adults in 2010 which could not be prosecuted under existing legislation but which they believe could have been prosecuted under the proposed new offence.
  • Between 2005-2008, the existing offence of causing or allowing the death of a child or vulnerable adult has seen 17 people successfully prosecuted.
  • To ensure that the maximum penalty for causing or allowing serious harm is proportionate when considered against both the maximum penalties for causing or allowing death and against other offences of serious harm, the Government is proposing a maximum penalty of 10 years imprisonment.

Monday, June 13, 2011

DfE | Families | Adoption | STATUTORY GUIDANCE

 Adoption
 This section contains information on adoption for practitioners working with children and families. General information about adoption can be found on the Directgov website [DirectGov – ADOPTION]. Information about intercountry adoption can be found in the intercountry adoption section.

http://www.education.gov.uk/childrenandyoungpeople/families/adoption/g0072314/guidance
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Statutory guidance
Updated: 08 June 2011

This statutory guidance explains the content of the different sets of regulations made under the Adoption and Children Act 2002, and the duties and responsibilities that they place on adoption agencies. It applies to domestic adoption in England only and should be read by everyone involved in the adoption of children - especially children’s social workers - and those who work with adopted adults and birth families. 
This guidance is issued under section 7 of the Local Authority Social Services Act 1970, requiring local authorities in their social services functions to act under the general guidance of the Secretary of State.  As such, the document does not have the full force of statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation.
Details of amendments to the statutory guidance can be found in  Amendments to the statutory guidance, which can be downloaded from the associated resources section on the right-hand side of this page. 

 The Department's updated statutory adoption guidance.
General Article June 8, 2011
Statutory guidance: Ministerial foreword
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Statutory guidance
Updated: 08 June 2011

We all know that children thrive and are happiest when they live as part of a stable family. When it is not possible for a looked-after child to return to live with their birth parents, even with support, they need an alternative that is right for them. 
One of the most successful ways in which those children can achieve stability, love and support is through adoption. We know that in the vast majority of cases adoption works. Education and health outcomes are as good as for children growing up with their birth parents.
It is therefore very disappointing that fewer children for whom adoption is the right plan are currently being found new families. I fear that after improvement following the 2002 Adoption and Children Act we are losing momentum. 
I want to raise the profile of adoption and to help remove obstacles, whether real or perceived, so that children who would benefit from an adoptive family can experience a happier childhood and loving family. That is why I have set up a Ministerial Advisory Group on Adoption to provide expert advice on a range of practical proposals to improve and share good practice. 
I have also written to directors of children’s services and lead members to emphasise the importance of adoption and to ask them to do everything possible to increase the number of children appropriately placed for adoption and improve the speed with which decisions are made. I am not talking about the old 'numbers game', but reassessing whether adoption would be right for children who they may have overlooked in the past, such as children who have been in care for a long time, older children and children with disabilities.
I want local authorities to see adoption as one of the possible permanence options for many more children as soon as it is decided that a child will probably not return to their birth parents. And I want them to look hard at how they deal with people who enquire about adoption. We cannot afford to lose potentially suitable parents simply because they are not needed by the particular agency they approach. These people should be directed instead to another agency, so that across the country we can increase the pool of prospective adopters. It is also essential that agencies do not reject people before their suitability to adopt is assessed because they are, for example, single, older or not of the same ethnicity as the children needing adoptive families. 
I want to move away from the situation where children are kept in care for a long time simply to find a family of the same ethnicity when a suitable family of a different ethnic background is available who can meet their other needs. To say the obvious, parents from one particular background can be loving, sensitive and successful adoptive parents for children from very different backgrounds and that must be our primary consideration. Local authorities must consider all of the child’s needs and not place the issue of ethnicity above everything else, though this must be taken into account. I know that children tend to do well when placed with a family who shares their ethnic or cultural background, but I know also that delay can have a very detrimental effect. It reduces the child’s chances of finding a family and has negative consequences on their future development. If there can be an ethnic match that’s an advantage, possibly a very significant one. But, it should never be a "deal-breaker". 
There are many dedicated and effective professionals working in the adoption sector, and much good practice. I want to see all local authorities delivering to the standard of the best, with good practice shared widely, to help benefit more children. This should include making full and effective use of the voluntary sector, adoption consortia and the Adoption Register. Many voluntary adoption agencies specialise, and are successful, in finding families for children who are perceived as difficult to place. These can include black and minority ethnic children, older children, children in sibling groups and those with disabilities. And there is clear evidence that there is little difference in the cost of placing a child with the local authority’s own adopters and adopters from a voluntary adoption agency. In many cases, it will yield savings for the local authority and free up a fostering placement, whilst providing an appropriate and timely permanent placement for the child.
For the large majority of children adoption is a success, but I recognise that  this is not the case for some children and they return to care. It is vital that everything possible is done to increase the likelihood of adoptions succeeding. Local authorities need to consider carefully the support children and families need.
Finally, I want adoption agencies and adoption support agencies to continue providing a good service to adopted adults who want to find out more about their past, and to provide a sympathetic intermediary service to them and their birth families. 
I recognise that improving the adoption service goes beyond the work of adoption agencies. The Government is currently conducting a review of the family justice system to examine its effectiveness and see what improvements need to be made. We have also asked Professor Eileen Munroe to look at the whole issue of child protection, with a focus on strengthening the social work profession by enabling them to make well-informed judgments. These may have implications for adoption in the future.
I am also pleased to be able to publish updated statutory guidance that reflects the findings of the Adoption Research Initiative and advice from the courts. The guidance is an important element in our programme of work to support adoption agencies continually to improve services for adopted children and children who would benefit from adoption. 

Tim Loughton , MP
Parliamentary Under-Secretary of State for Children
22 February 2011
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Statutory guidance: Introduction
Page 3 of 272
Statutory guidance
Updated: 08 June 2011

1. The importance of family life to a child cannot be overstated. It is the fundamental right of every child to belong to a family; this principle underpins the 1989 United Nations Convention on the Rights of the Child which the United Kingdom ratified in 1991. Where children cannot live with their birth parents for whatever reason, society has a duty to provide them with a stable, safe and loving alternative family. 
2. It is important to remember that delay can have a significant effect on achieving permanence for children. That is why the legislation makes clear that delay in coming to decisions, and in the subsequent stages of the process, is likely to prejudice the child’s welfare. Research by the University of Bristol shows that delay in the adoption process can have negative consequences for the child’s psychosocial outcomes and reduces the likelihood of finding an adoptive family.  
3. Improving the adoption service means, as part of this, improving the family justice system. The Government has agreed to continue the Family Justice Review to examine the effectiveness of the family justice system. It has also asked the Munro review to look at the whole issue of safeguarding, with a focus on strengthening the social work profession, to allow them to make well-informed judgments. 
4. This refreshed and improved statutory guidance is another important element in the Government’s programme of reform to support adoption agencies to remove barriers to adoption and reduce delay, and continually to  improve their adoption services.
Page 3 of 272

Statutory guidance: Making the adoption process work well
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Statutory guidance
Updated: 08 June 2011

5. We know how successful adoptions can be. Experience and research has made clear the factors that make the adoption process work well for the child, birth parents and adoptive parents:
  • actively promote adoption. The local authorities that are most successful in finding adoptive families for looked-after children will generally be those with a very clear care planning process that always considers adoption as a possible permanence option and not an option of last resort;
  • encouraging people to come forward to adopt. Prospective adopters are important and they must feel valued, respected and supported;    
  • avoiding delay in the adoption process, including starting the family finding process as soon as adoption becomes the plan following a statutory review. Any delay which prevents the needs of the child from being met is unacceptable.  Legislation makes clear that delays in coming to a decision, and in the subsequent stages of the adoption process, are likely to prejudice the child’s welfare. Chapters 2-5 and 8 of this guidance are particularly relevant;
  • taking the fullest account of the views and wishes of the child.  This is covered in detail in chapter 2;
  • placing a child with a prospective adopter who can meet most or all of the child’s identified needs. Any practice that effectively stops a child from being adopted because the child and prospective adopter do not share the same racial or cultural background is not child-centred and is unacceptable;
  • providing an effective adoption support service;
  • effective collaboration with the local authority’s other social services and with voluntary adoption agencies so that services may be given in a coordinated manner.  This avoids delay and duplication; 
  • developing and sustaining constructive links between adoption and looked-after children’s teams and the courts in order to minimise delays in court proceedings; 
  • a practical and balanced understanding of the circumstances in which special guardianship may be more appropriate than adoption and how to manage the different processes and legal requirements.
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Statutory guidance: The Legislative Framework
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Statutory guidance
Updated: 08 June 2011

6. The Adoption and Children Act 2002 (the Act) is the principal piece of legislation governing adoption in England and Wales. It has been in force since 30 December 2005, and has been amended by other legislation since 2002. While the Children Act 1989 sets the general framework for the support of children in need and planning for their future if they become looked after, the Act provides the framework for implementing plans for adoption. Much of the detail of the adoption system is set out in regulations; a list is on the National Archives legislation website and the Department for Education website.
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Statutory guidance: Needs and welfare of the child
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Statutory guidance
Updated: 08 June 2011

7. Section 1 of the Act places the needs and welfare of the child at the centre of the adoption process. It makes the welfare of the child the paramount consideration for a court or adoption agency in all decisions relating to adoption, including whether to dispense with a parent's consent to adoption. It provides under section 1(4) a welfare checklist that must be applied by a court or adoption agency.
8. Section 1(2) sets out  the general and overriding duty on a court or adoption agency: that in coming to any decision relating to the adoption of a child the paramount consideration should be the welfare of the child, throughout their life.  Adoption agencies must be very aware of where delays may occur and ensure that their own internal procedures do not inadvertently contribute to this.  A day here and a day there may not mean, in themselves, very much in terms of delay, but added together the time lost can be substantial.  It must be remembered that time is not on the side of the child.
9. It is therefore essential that an adoption agency, insofar as is reasonably practicable, involves and consults the child at all stages of the adoption process, ascertaining and taking into account their views in a way which is sensitive to, and consistent with, their age and understanding. Section 1(4)(a) of the Act places a duty on a court or adoption agency to have regard to the child's ascertainable wishes and feelings about adoption (considered in the light of the child's age and understanding).
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Statutory guidance: The provision of an adoption service
Page 7 of 272
Statutory guidance
Updated: 08 June 2011

10. Section 3 of the Act places a duty on local authorities to maintain an adoption service within their area, and sets out the minimum facilities that must be made available in the provision of the service. The local authority is not obliged to provide all the facilities itself but may make use of services provided by voluntary adoption agencies and adoption support agencies, or other suitable service providers who are permitted to provide the service in question.
11. This guidance, particularly in chapters 1 and 9, sets out some of the matters that a local authority will need to consider in planning its strategy for delivering an adoption service. The local authority’s staffing and budgetary plans will need to take account of the duties imposed on it by the legislation, regulations, statutory guidance and the National Minimum Standards for Adoption.
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Statutory guidance: Offences
Page 8 of 272
Statutory guidance
Updated: 08 June 2011

12. As part of the framework for safeguarding children in the context of adoption, the Act restricts who can lawfully arrange adoptions, and advertise about adoption. It also imposes restrictions on the preparation of adoption reports, provides safeguards to the confidentiality of adoption records, prohibits certain payments or rewards in connection with adoption, and restricts the bringing of children into the UK and taking of children out of the UK for adoption. It makes provision for the protection of adoptive placements from interruption and the recovery of children unlawfully removed from placement. The Act creates a number of offences in connection with this framework, particulars of which are set out in Annex A. It is important that staff working in adoption agencies, adoption support agencies and children’s services departments are aware of the procedures to be followed if they become aware that an offence may have been committed or is likely to be committed.
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Statutory guidance: Statutory guidance

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Statutory guidance

Updated: 08 June 2011




13. This statutory guidance explains the content of regulations made under the Act, and the duties and responsibilities that they place on adoption agencies. It is issued under section 7 of the Local Authority Social Services Act 1970. This requires local authorities in their social services functions to act under the general guidance of the Secretary of State. As such, the document does not have the full force of statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation. The guidance applies to England only and should be read by everyone involved in the adoption of children - especially children’s social workers - and those who work with adopted adults and birth families. 

Changes to the previous guidance

14. Since the original guidance was published in 2005, there have been no substantial legislative changes, but there are planned changes to adoption panels (see chapter 1).  However, there have been changes in case law and the completion of the Adoption Research Initiative. This revised guidance benefits from the knowledge and expertise of both Deborah Cullen, who was the principal drafter of this revised guidance, and a wide range of stakeholders representing local authorities, voluntary adoptions agencies, adoption support agencies, the courts, Cafcass and others. We are very grateful for the time and energy they have given to making this guidance as accurate and helpful as possible to practitioners who will use it on a regular basis.
15. The main changes are:
  • a reorganisation of the guidance. Most of the information from the annexes have been incorporated into the main chapters, and the guidance on domestic and intercountry adoption has been separated into two volumes. The intercountry adoption guidance is being revised and will be issued later. In the meantime, the 2005 statutory guidance on intercountry adoption remains in force;  
  • a new chapter on court proceedings (chapter 8);
  • new guidance relating to adoption panels with effect from 1 April 2011; 
  • updated guidance to take account of recent case law and key messages from the Adoption Research Initiative. We have incorporated current circulars into this guidance so that all statutory adoption guidance is in one place; 
  • a summary of offences and penalties;
  • there is no longer guidance on adoption pay and leave, social security benefits and tax credits, but instead hyperlinks to relevant websites e.g. DirectGov.
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Statutory guidance
Updated: 08 June 2011



16. Chapter 1 describes the structures needed by adoption agencies in terms of the establishment of an adoption panel, the appointment of an adviser to the panel and a medical adviser to the agency, who may write adoption reports, the responsibilities of the agency’s designated decision maker and how they should approach a case. It also explains the responsibilities of the adoption agency in dealing with the independent review mechanism (IRM).
17. Chapters 2-5 of the guidance broadly follows the path of a looked-after child through to an adoptive placement.
18. Chapter 2 explains the duties of an adoption agency where the agency is considering adoption for a child, including babies relinquished for adoption. It makes clear the importance of keeping to the court timetable so that there is no delay for the child. This chapter also includes guidance around concurrent planning.
19. Chapter 3 explains the duties of an adoption agency towards prospective adopters, both before and after approval, but before the placement of a child with them. It requires an adoption agency to direct potential adopters to other adoption agencies when they are not needed by that agency, so that nationally we can increase the  number of prospective adopters. This chapter requires adoption agencies to ensure that their recruitment strategies do not overlook potential adopters who are older or when their ethnicity and culture is not shared with those of the children waiting to be placed with adoptive parents. 
20. Chapter 4 explains the duties of an adoption agency when it proposes to place a child with an  adoptive family. It includes guidance on matching arrangements, the use of the Adoption Register, and the importance of minimising delay. It reminds agencies that a child’s ethnicity is not the primary consideration in deciding the type of adoptive family for the child; adoption agencies must give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background, but should not delay placing a child if an otherwise suitable adoptive family is available.
21. Chapter 5 explains the duties of an adoption agency where it places a child for adoption; when it reviews the child’s case; where consent to placement is withdrawn; where a placement is terminated; and in preparing the life story book and later life letter.
22. The remaining chapters cover a range of specific issues that may arise during and after the adoption process.
23. Chapter 6 contains guidance on the storage of and access to adoption records both before and after adoption, but further detailed guidance on access to adoption records after adoption is contained in chapter 11.
24. Chapter 7 contains guidance on contact issues.
25. Chapter 8 provides guidance on court proceedings for placement and adoption orders, and on the writing of court reports for adoption cases, including non-agency adoptions.
26. Chapter 9 sets out the duties of local authorities for the provision of adoption support services, including assessment for adoption support services and financial support, and the making of an adoption support plan.
27. Chapter 10 explains the regulations with regard to access to information and intermediary services in respect of adoptions which took place before 30 December 2005, when the Act came into force.
28. Chapter 11 contains guidance on the provisions regarding the management and disclosure of adoption information in respect of adoptions where the order was made on or after 30 December 2005.
29. Chapter 12 explains the Registrar General's role in respect of the Adopted Children and Adoption Contact Registers, and provides guidance on agencies' duties in respect of the provision of counselling for those seeking intermediary services or access to information post adoption.
30. Annex A lists offences and penalties under the Act and regulations.
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Statutory guidance: Practice guidance

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Statutory guidance

Updated: 08 June 2011



31. Practice guidance and tools are available on a range of topics relating to adoption. Although not under a statutory duty to follow practice guidance, we recommend that the materials be used to help adoption agencies and adoption support agencies to improve their practice in adoption. 
  • Preparing and assessing prospective adopters (2006)
This practice guidance is for practitioners assessing the suitability of prospective adopters.
  • Practice Guidance on Assessing the Support Needs of Adoptive Families (2008)
This practice guidance is for practitioners who need to assess the support needs of people affected by adoption.
  • Adoption: Access to information and intermediary services (2008)
This practice guidance is for practitioners working with adopted adults and birth relatives who wish to find out about an adoption, and who may wish to trace and establish contact with their birth relatives through the provision of intermediary services.

Adoption Research Initiative (ARi)

32. Over the years, there has been a wealth of research conducted on adoption. In 2004, the Department for Education and Skills commissioned further research through the Adoption Research Initiative. The research evaluates the implementation of the Act and its impact on outcomes for children. The seven research studies outlined below focused on permanence planning and decision-making, linking and matching, adoption support and adoption costs. 
The characteristics, outcomes and meanings of four types of permanent placement
This study compared four types of permanent placement for looked-after children: carer adoption, stranger adoption, long-term foster care and Special Guardianship. It also investigated the outcome of placements for children for these various types of placements, except those for Special Guardianship. The research provided new data on which children, in which circumstances, may benefit from each type of placement.
Protecting and promoting the well-being of very young children
This study explored whether very young children with similar needs or at similar risk of significant harm were looked after by some authorities, but remained at home with family support in others. It examined the reasons for variations found.
An investigation of linking and matching in adoption
This study mapped adoption agencies’ policies and approaches to linking and matching children to prospective adopters. It described and classified agencies’ current approaches and compared their relative effectiveness, outcomes and costs. In addition, the study identified the indicators of a good match and suggested ways in which matching can be improved.
Pathways to permanence for children of black, Asian and mixed ethnicity
This was a comparative study of planning and decision-making by professionals as it affects the progress of black and minority ethnic (BME) children, and non-BME children, towards permanent placements. The outcomes of placements for children were compared.
Researching adoption support
This study mapped, costed and evaluated services that support face-to-face contact after adoption, and those that support the birth parents and families of adopted children. The study explored the possible links between outcomes for service users, and service provision, service costs and case factors.
Enhancing adoptive parenting
This study explored which programme was more effective at enhancing adoptive parenting - either a cognitive behavioural parenting programme or an educational programme about parenting special needs children when added to the standard service.
Adoption and the interagency fee
This study explored the costs for local authorities and voluntary adoption agencies of recruiting and preparing prospective adopters, and placing children in adoptive families. It also looked at the costs of providing adoption support and the overheads for adoption agencies.
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 Statutory guidance: Cancellation of statutory guidance and circulars
http://www.education.gov.uk/childrenandyoungpeople/families/adoption/g0072314/guidance/introduction/cancellation
Page 12 of 272
Statutory guidance
Updated: 08 June 2011

33. The following statutory guidance and circulars are now cancelled:
  • Adoption and Children Act 2002 statutory adoption guidance (in respect of domestic adoption) published by the Department of Health in 2005
  • LAC(2004)27:  The Adoption Register for England And Wales: New Arrangements  - dated 22 November 2004 
  • LAC(98)20: Achieving the Right Balance – dated 28 August 1998
  • CI(99)6:  Care Proceedings: Amendment to LAC(98)20 – dated 25 June 1999.
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