Adoption: Adoption Legislation Committee Reports

Baroness Butler-Sloss Excerpts

Thursday 16th May 2013 Lords Chamber

Moved by

[Baroness Butler-Sloss]

To move that this House takes note of the reports of the Adoption Legislation Committee on Adoption: Pre-Legislative Scrutiny (1st Report, Session 2012–13, HL Paper 94) and Adoption: Post-Legislative Scrutiny (2nd Report, Session 2012–13, HL Paper 127).

[Baroness Butler-Sloss]

My Lords, I was delighted and honoured to be asked to chair the first post-legislative scrutiny Select Committee on the current adoption legislation. As we went along, we also became a pre-legislative scrutiny committee. Consequently, we published an interim report to express our views on the first two clauses of the Children and Families Bill in December 2012 and our final report in March 2013.

I begin by thanking the committee staff and our specialist adviser, Professor Harris-Short, for their dedication—I use that word deliberately—extremely hard work and the efficiency of their support in the evidence-gathering and in writing the two reports. I am also very grateful for the enthusiasm and enormously valuable input from the members of the committee. It would be invidious to single out any particular organisations among those which gave evidence, and we are extremely grateful to all of them for their invaluable contributions. In writing each report, we felt that we were running to keep up as we received, and had to digest, the Government’s adoption initiatives at short notice. Our committee staff wrote and rewrote the reports to meet those initiatives and our views on the adoption clauses in the Children and Families Bill.

We heard evidence over several months and made a considerable number of recommendations. In the time available, I will pick out several of those that I consider the most important and refer to the Government’s initial response. Inevitably, I shall omit important issues. As we considered the evidence presented to us, we had very much in mind the right of the child to be brought up in his or her birth family, whenever possible, and the right of parents and their children to respect for their family life. Children should not be removed from their birth family unless their welfare requires it, but, sadly, not all children are able to remain with their birth families. The welfare of the child is the paramount consideration.

It was abundantly clear to us from the evidence that there is no need for far-reaching changes to the adoption legislation. The main issues of concern we found were the unacceptable delays in the adoption process, failures of the processes and practice, and the shortage of adopters. Even for babies and young children, who are seen as easier to adopt, the delays are significant. The average age of a child at adoption is three years and eight months, and the average length of time taken from entry into care to adoption is two years and seven months. The longer children wait to be placed, the more difficult the adoption outcome for them and for the adopters.

From the evidence presented to us, we identified numerous failures of procedures and, particularly, of practice contributing to those delays. Consequently, much of the evidence we received focused on those failures and how they might be addressed effectively. Our recommendations have therefore been largely directed to those issues. They are set out at some length in our final report. The initial response of the Government sets out sensible steps to be taken—and steps that are being taken—to reduce delay, but there is nothing much new or that we did not know before we started our investigations.

There is undoubtedly potential for more children to be adopted. Adoption is unique as a change of the status of the child who becomes the child of the new family. The Government are to be congratulated on recognising the importance of adoption and seeking practical ways to improve the situation in guidance as well as proposed legislation. However, there are not enough potential adopters and, further, there are many children suitable for adoption and placed for adoption—that is, ready from the court procedures to be adopted—but who are not adopted for lack of available adoptive parents. In March 2012, there were 4,263 approved adopters and more than 4,600 children who had completed the adoption process and were ready to be matched with adopters. The process of matching is slow. In addition, there were many more children for whom an adoption decision had been made but who had not completed the court process. Until now, potential adopters have been largely recruited by individual local authorities and retained by them on their books. The national register is an excellent initiative and will, I hope, mean that approved adopters will be more widely available, which should improve the matching process from a wider pool.

However, adoption is only one relatively small solution to the large numbers of children entering the care system. For various reasons, adoption is not appropriate for many children. On 31 March 2012, there were 67,050 children in care, of whom more than 60,000 were placed away from their families. Proper provision has to be made for these vulnerable children who need to be looked after away from their birth parents. All these children need to be loved, cared for and provided with stability and long-term security. Most of them may be cared for by other members of their family, friends, special guardianship or long-term fostering. However, a danger was articulated to me by a district judge this week that the 26-week requirement for the completion of care proceedings may concentrate on process rather than on the welfare of the child and may create injustices through the inability of some social workers to make adequate assessments of the birth family and of the wider family who might otherwise be able to take over the care of the child. I therefore stress the importance of early family conferencing throughout all local authorities.

The committee was concerned that the Government’s proper concern with and focus on increasing adoption may risk disadvantaging those children in care for whom adoption is not an option. Improving the outcomes for all children should be the priority. All routes to permanence merit equal attention and investment. In the initial response, the Government have set out a number of steps already taken to improve the fostering process and commissioned research on special guardianship.

The committee believes that early intensive work with birth parents where there is capacity to change has the potential to allow the children to remain safely with their parent or parents and would reduce the number of children entering the care system. There are excellent government-supported early-intervention initiatives, but the committee was concerned that a substantial sum—£150 million—is to be removed from early intervention to help local authorities improve their adoption procedures. The Government’s initial response has, rather surprisingly, been to point out that fostering for adoption is a form of early intervention. That is true, but it removes the child from the birth family. Early intervention, working with the birth family, can be successful and, if so, the child can remain in the family and fostering for adoption would not be necessary. It would be most unfortunate if the potential benefit of early intervention were to be undermined by the greater focus on adoption.

We are told that a significant increase in the budget is being allocated to early intervention. I should like to hear from the Minister how that increase is to be distributed. I provided the Minister with my draft earlier today.

On post-adoption support, most children are adopted from the care system and most of them, other than babies, will have had unhappy experiences in their birth family, which is why they have been removed from the family. Adoption provides the opportunity for the adopted children to have a secure and stable childhood. It does not rid them of the unhappy early part of their lives. Some of these children present major problems for their new, adoptive families and both the children and their new parents often need a great deal of practical help, counselling and therapeutic help. It is much to the credit of the Government that they now recognise the importance of post-adoption support. The adoption passport will be available online to be accessed by potential adopters and sets out the help which may be available to them.

The committee recommended that there should be a statutory duty on local authorities and other service-commissioning bodies to co-operate, to ensure the provision of post-adoption support. The Government have not responded directly to that recommendation—it would be fair to say that they avoided doing so—and I hope that it will be seriously considered when the Children and Families Bill reaches this House.

We invited adopted and looked-after children to come and talk to some of the members of the committee; we are indebted to the Children’s Rights Director, Roger Morgan, for arranging for these children to come. Both groups ranged in age from about 17 down to eight and were most informative, particularly the younger children when they developed sufficient confidence to tell us what they really thought. The two points I pick out today were said by both groups of children. First, they were not consulted. They did not expect that their views would be accepted, but at least they might be asked. Most of them were very critical of independent reviewing officers whom they had not met or who were not helpful to them; to the contrary were one or two children whose independent reviewing officers had done a very good job with them. Some children were critical of their guardians, who neither spoke nor listened to them. I am disappointed that the Government have rejected our recommendation that IROs should be genuinely independent—it is an important issue—but I hope that something effective will be done about the IRO case overload.

The second point the children raised concerned the training in schools of other pupils about the meaning of adoption and the meaning of being “in care”. Much more importantly, however, they focused on the training needed by teachers. Two adopted children told us that they were criticised by their teachers for being unable to complete a family tree. They were actually put in front of the class and told that they were being unhelpful. I cannot believe any teacher could be so insensitive as to tell an adopted child that he or she was not supportive of the class when they were unable to produce a family tree of their new family. I am glad that the Government are looking at this important issue of teachers.

I turn briefly to outcomes and data. The Government have rightly concentrated on the importance of improving processes, but there has not yet been sufficient focus on outcomes. Some adoptions fail, with disastrous results for the child and for the adopters and with considerable additional cost to the state in taking a seriously damaged child back into care. We need much more data and research on breakdown and how it can be avoided. The Government say that they are looking at it. I hope very much that they take some effective steps to find out what lies behind these breakdowns.

It would also be helpful if a child’s passage from the moment of going into care to being placed in adoption, and thereafter, was monitored so that one has a graph of what happened to that particular child, which might also help with the issue of breakdown. We need much more data and research on breakdown and how it can be avoided, and I do not apologise for saying that again.

The other recommendations the Government have rejected are likely to figure in amendments to the Children and Families Bill when it comes to this House. I beg to move.

--- Later in debate ---

[Baroness Butler-Sloss]

My Lords, I thank all those who have contributed to the debate for the absolutely fascinating speeches that we have heard this afternoon. They have ranged widely over all sorts of areas of child need and welfare.

I say to the Minister that I personally accept the very good work that is already being done by the Government on adoption and, indeed, fostering, as well as in dealing with children’s homes, as my noble friend Lord Listowel said. However, will the Minister, and particularly his officials, look at the very cogent evidence that we received on the danger of entirely excluding ethnicity from the legislation? We got that evidence from people whom we thought were worthy of listening to and whom we would have thought the Government would think were worthy of listening to. My recollection is that Coram and BAAF were among them. As I think the noble Baroness, Lady Walmsley, said, there is a danger that social workers who make ethnicity too important a consideration will say, “Well, now it’s gone, we have to ignore it”. That is what the people on the ground who know about it were telling us. Therefore, I should be grateful if the Minister’s officials would have a look at the evidence that we received. They have all that evidence and it is well worth looking at.

In this debate there have been some preliminary shots across the bow concerning what is likely to be coming in the Children and Families Bill. As we heard from the Minister, that is now likely to be in July—and, I assume, well beyond July. The Minister is likely to be challenged by me, among others, over several issues to which I have not yet referred. I look forward to those opportunities and hope that the Government will be a listening Government on matters which we will press and on which the Government might be well advised to listen carefully.

Motion agreed.