Adoption

Jessica Lee Excerpts

Wednesday 9th November 2011 Westminster Hall

[Jessica Lee (Erewash) (Con)]

It is, as ever, a pleasure to serve under your chairmanship today, Mr Davies. It is my privilege to be able to bring this debate to the Chamber. The issue of UK adoption rates is topical and extremely important. Last week was national adoption week, and the issue has caught the public imagination. There is much to be said about the adoption process in the UK.

I must declare an interest as a family law barrister who has represented, over the years, parents, children and local authorities, in the child protection arena, since qualifying about 10 years ago. That has given me an insight into the many strains and pressures on those who work in child protection, and how those factors impact on the adoption process in the UK. I hope to set out some context, showing the different complexities that need to work together to improve the adoption process. However, I also consider the debate a perfect platform from which to encourage prospective adopters to come forward and be assessed, and to thank those who have stepped up to the mark and are now parents. The attendance at today’s debate shows that it is of interest across the parties.

The recent figures on adoption levels in the UK should cause alarm bells to ring. In the past year, of the 3,660 children in care under the age of one year, only 60 were placed for adoption. Those figures are a matter of concern, but they continue a trend that has troubled the Department for Education since the formation of the Government last year. For those of us with an interest in that area, the commissioning by the new Government of the Norgrove and Munro reviews, and the appointment of Martin Narey to review the adoption process—among other things—was most welcome. I know that the Children’s Minister, the hon. Member for Brent Central (Sarah Teather), and the Secretary of State have taken a real interest in the subject matter.

I read this week a moving account by my right hon. Friend the Secretary of State for Education of his experience of childhood after being adopted.

[Ann Coffey (Stockport) (Lab)]

I was looking at the adoption statistics, and it seemed to me that the decline in the number of adoptions is associated with an increase in the number of special guardianships being granted. When those are combined, the absolute numbers, in terms of giving permanence to a child, have increased since 2006. Does the hon. Lady agree that special guardianship orders, as well as adoption orders, can give the permanence that we seek for children?

--- Later in debate ---

[Jessica Lee]

I agree that when special guardianship orders came in, they brought about something that was much needed in the system. It is often, although of course not always, relatives of the child who step forward, and the orders provide another avenue of permanence and security for the child.

[Mr Edward Timpson (Crewe and Nantwich) (Con)]

I congratulate my hon. Friend on securing the debate, about which many of us feel passionate. She has carried out a duty on behalf of us all in championing the matter in Parliament.

Although since 2005 special guardianship orders have been an important addition to the routes to permanence for children, is it not the case that the number of children being adopted had already flatlined in the two or three years before those orders were introduced? We need to be careful not to make a direct comparison between special guardianship orders and adoption orders and assume that one is replacing the other.

[Jessica Lee]

I pay tribute to my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), who has shown leadership in the House in taking forward the issue of outcomes for looked-after children. I agree with his point. Special guardianship orders have their place and have been very useful in the child protection arena, but I do not accept that there is a direct correlation between the introduction of those orders and the reduction in adoption figures. It simply is not that straightforward. It should be borne in mind that often other residence orders or long-term foster care arrangements have supported special guardianship orders.

To return to what I was saying about the Secretary of State, he has taken the view that his life chances were transformed by the childhood that he experienced. He hopes to support looked-after children who are waiting to be placed for adoption. I was very encouraged by the interest shown by the Prime Minister in the issue in his party conference speech and subsequent remarks. I was delighted to hear him comment on the importance of improving adoption rates. I was also delighted with his response to my question at Prime Minister’s questions, which included this comment:

“It is also important that the Government pledge that we will make the process of adoption and fostering simpler. It has become too bureaucratic and difficult, and the result is that it is putting people off. I am absolutely determined that we crack this.”—[Official Report, 2 November 2011; Vol. 534, c. 923.]

I am sure that we would all agree with the Prime Minister about that.

Pulling all the indicators together, the message is clear. There is a momentum in the House and the country to tackle the challenges affecting the adoption process. We must seize the opportunity. The starting point must be the assessment process for prospective adopters. Last week’s national adoption week was an excellent opportunity to showcase, across the country, the need for adoptive parents, and the need to raise awareness. It is hoped that families and individuals will reflect on the possibility of adoption and make that important phone call to local authorities to start the process. Sadly, there are many anecdotal examples of that first step in the process—contacting children’s services—being a hurdle to overcome. I worked with and for social workers for many years, and I assure hon. Members that I am not going to turn my speech into criticism of those who work in the field. The difficulties I mention are merely an example of the problems that occur all the way along the process of adoption.

Anecdotally, some applicants report being discouraged from the outset, and more needs to be done to ensure that all possible applicants are appreciated and encouraged to apply. Until we get people up to the starting line for the assessment process it is difficult to improve the number of applicants. With the current numbers of successful adoptions, we cannot afford to discourage people at an early stage. The entire assessment process needs to be streamlined and improved.

[Mr Marcus Jones (Nuneaton) (Con)]

I congratulate my hon. Friend on securing this important debate. Last year I spent an afternoon out with Warwickshire social services, and met foster carers, who were doing a terrific job looking after some of the most vulnerable young people. They were very concerned because of the delays in adoptions, which caused problems, leaving the young people uncertain for some time. Does my hon. Friend agree that streamlining and speeding up the process would help our most vulnerable young people?

[Jessica Lee]

I am grateful to my hon. Friend, who has essentially summed up the problems. There is not one individual, agency, organisation or Department at fault. We are dealing with an entire system that needs to be examined and improved throughout. A domino effect of improvements is required.

[Susan Elan Jones (Clwyd South) (Lab)]

Is the hon. Lady aware of developments in Wales? The Welsh Assembly Government are consulting on the possibility of unifying the adoption capacities of local authorities into a super-agency, with the idea of reducing duplication and, hopefully, providing speedier and better matches between adoptive parents and children. I imagine that the hon. Lady, like me, would welcome that approach.

[Jessica Lee]

I of course welcome any initiatives that are being taken, and I am sure that more information will be presented about the pilots and process in Wales, which will help us all, throughout the country.

Turning to the streamlining of the process, I ask the Minister this: do the Government consider that the process takes too long on occasion? Are the assessments too lengthy? Is there too much bureaucracy? Again, I am not criticising individual social workers—adoption is not an easy area to work in, and those working in adoption teams are often passionate and committed to seeking a placement for children for whom they are responsible. My concern is about the culture that has developed regarding assessment and the heavy-handed approach to form-filling. We need to reach a position where professionals feel confident to exercise their judgment to make decisions. That is perhaps reflected in the conclusions of Eileen Munro’s review into social workers and how we can improve prospects for professionals.

[Mr Andrew Smith (Oxford East) (Lab)]

The hon. Lady has been generous in giving way, and I congratulate her on securing this important debate.

May I reinforce the hon. Lady’s point? Does she agree that Martin Narey’s evaluation of what is going on in the area is striking? He reported that one local authority required

“prospective parents to go through 146 pages of assessment.”

He also met a couple who had had to spend

“12 days with a social worker in their home assessing their readiness for adoption.”

At a time when almost

“three quarters of councils failed to place a child with their new adoptive family within 12 months of the adoption being finalised”,

does she agree that on both sides of the House we need to give the strongest support to Martin Narey in sending out the signal that pace and purpose need to be brought into the whole process, in the interests of the children?

[Jessica Lee]

I agree with what the right hon. Gentleman has said. Of course we need to support Martin Narey, and I will come on to his report.

Another anecdotal example that one hears is that households are assessed through a form that is several pages long about the number of pets in the household, the fire drill process and so on. It prompts the question: where does the balance fall? Of course we need to safeguard children—no one would object to that. However, if every family of every newborn child who goes home from hospital with their natural parents had to produce a fire drill, a pet assessment form and details about its private life, the country would come to a standstill. We do not want to discourage people who have agreed to adopt and who have made an emotional commitment and a life-changing decision from applying. The concern, which we must tackle, is that such people are distracted or discouraged from continuing the process. In his report, Mr Martin Narey gives some excellent examples of where the problems lie.

[Mr Marcus Jones]

My hon. Friend is generous in giving way. Regarding the point that she has just made, does she agree that although we need, first and foremost, to ensure that adoptive parents are fit and proper to take on an adoptive role, by no means should the Government or the state tell the people who are fit and proper to look after children how to run their lives?

[Jessica Lee]

The point is well made by my hon. Friend, and I thank him for the intervention. It is exactly that balance that perhaps we should all refer to this morning. There is a clear dividing line between assessing and safeguarding children and deciding whether they would be in any risk in a household, and commenting on people’s lifestyle choices and intimate details, which is simply not relevant to whether people are fit and capable parents.

Another aspect to speeding up the adoption process is the time limit for courts in completing care and placement proceedings. The family justice review, headed by David Norgrove, has just produced its final report. Sections of the report are relevant to the debate on adoption rates in the UK.

It is broadly accepted that children make their main attachments in the earliest months and years of their lives. It goes perhaps without saying that the more secure are their relationships with their main carers, the more likely it is that they will form secure attachments and relationships in childhood and beyond.

It is important to remember that the paramount priority of the family court has been and always will remain the welfare of a child. Again, I make no criticisms of all the professionals and others involved in the court process; I know at first hand how hard-working and committed the court staff, lawyers, social workers and children’s guardians are. However, there are long delays in the completion of cases. Care and supervision cases now take an average of 56 weeks. One can say that a young child is subject to proceedings for a high percentage of their life—often 50% or more. There is no magic wand for that problem. It requires consideration of case management, court availability and judicial leadership.

We already have in place the public law outline, which sets out the parameters for how cases should progress. Judicial continuity and strict case management are just one important aspect of how we could speed along proceedings.

[Mr Timpson]

Regarding the court process, judicial continuity and case management, is it not also important that the initial allocation of a care case is done with the utmost expediency and by a judge with the right level of experience, to ensure that there is not even more delay built into the court process, so that the time limits that we are trying to adhere to are more likely to be kept?

[Jessica Lee]

I agree with my hon. Friend’s point. At the moment, all public law cases automatically go to the family proceedings court. They may then be transferred to higher courts, such as the county court or even the High Court. However, when we are dealing with strict time limits and concerns to create outcomes for children, every extra court date is time not best used. It is a waste of the child’s time, and we must improve the situation. I would support any proposals that allocate cases more efficiently and directly to the correct level, so that they can be properly managed by appropriate judges.

The Norgrove review proposes a limit of six months in which to complete proceedings. That is certainly a good aspiration, but if that is to be achieved, it will require the coming together of many aspects of how the courts function. I realise that the report has only just been published, but I ask the Minister for any preliminary response to it, and what the time scale is for a detailed Government response to that important document. Six months is a reasonable period in which to make an assessment. A court’s primary and first consideration and hope is that a child may be returned to their birth family and stays with it. Following that is an assessment and consideration of the parents and any other family members. We need to speed up the availability of court time.

Judicial continuity is important. If a judge is charged with the responsibility of a case from the outset, they will have a much better understanding of the dynamics, personalities and initial concerns of a social worker. They will have a grip on the background and chronology of the case; they will have seen it through. It is much more difficult for a judge to step in halfway through a case and make important and life-changing decisions for a child. I am sure that many judges would wish to have judicial continuity throughout cases—they aspire to that as well—so I hope that can be achieved over time.

Once the court process has been exhausted and a placement order made, allowing local authorities to match a child with prospective adopters, there are further hurdles and challenges. A local authority has to consider the pool of adopters within its authority. Again, one has to think about the cost and other complications of looking further afield from the outset. However, is that a sensible, child-centred approach? Surely, we need a more straightforward structure in which adoption teams across the country can consider as wide a pool of prospective adopters as possible from the earliest opportunity. That could save months when matching children with prospective carers.

[Claire Perry (Devizes) (Con)]

I apologise for arriving late to this extremely important debate. I have considered adoption. I am 47 years old and have successfully brought up three children. I know that there is a big question over whether MP mothers are fit people to adopt, but I am also considered too old to adopt because of some absurd guidance on the age spread between the adopted child and the adoptive parents. Surely it is time to stop that insanity and allow these vulnerable children to be placed in loving homes regardless of ethnic background and age. We need a return to common sense.

[Jessica Lee]

I agree with my hon. Friend. Of course we need a common-sense approach. There are thousands of children in care who are waiting to be placed, and we must do all that we can to help them.

The issue of concurrent placements is important. Foster carers who are caring for children throughout the court process—the care proceedings—can also become the adoptive parents without having to be assessed all over again. The advantage is that children are in their prospective home and able to form those important attachments from an early stage. That is surely desirable and needs to be encouraged. Organisations such as Coram are skilled and successful in implementing such an approach, and authorities, including the London borough of Harrow, have championed it.

Of course there are consequences to such an approach. We are asking foster carers to make an emotional investment, and yet they are often left for months on end waiting for the outcome of the assessments of everyone else to see whether they can keep the child for the longer term, so it is not for the faint-hearted. None the less, there are many advantages to the concurrent placement approach. I hope that the Government will consider increasing the number of concurrent placements and also how they are undertaken across the country.

Another aspect of the adoption debate is the question of how important it is to secure a cultural and ethnic match between prospective parents and the child. In my experience, this is a debate in which feelings can run very high, and professionals and parents hold a variety of views. Of course there are many who have a greater knowledge and insight into this issue than I, but for what it is worth my view is that we have taken a step in the right direction with the recent change in the legislation that says that a culturally appropriate match is desirable but is by no means a prerequisite or a deal-breaker.

It is easy to be simplistic about this topic, but it is difficult to accept that it is better for a black and minority ethnic child to have to remain in care for all of their childhood instead of being placed in a loving home because there is not an ideal ethnic match.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this debate to the Chamber today. Often foster parents and those who wish to adopt go overseas to adopt. Does that not illustrate the problem that we are trying to highlight today—that it is quicker to adopt overseas than at home? Surely there needs to be a quick change to the system for the very reasons that the hon. Lady has stated.

[Jessica Lee]

I agree with the hon. Gentleman. I have many anecdotal examples of this issue. I have met many adoptive parents who have spent years hoping to adopt children and who have, eventually, had to turn to agencies overseas. It has taken years and cost them a huge amount to parent a child. That is a tragedy and must come to an end. Society has moved on considerably on this issue and those not involved in any way with the court or adoption process are often amazed to hear that they may not be considered as parents for a child because there is not a good cultural match. I do not think it is fair on BME children who are in foster care to be disadvantaged in such way. We must make progress on this issue.

On the issue of sibling placements, there is evidence that the loss of contact with birth siblings is a real regret to adopted children. We need to do more to support successful sibling placements and to encourage contact and communication between siblings throughout their childhood. I have friends who went from having no children to having three overnight, aged three, two and one. It was a life-changing moment for them, but it ensured that the sibling group were able to stay together. I can now report that those children are flourishing and experiencing a very happy childhood.

It is easy to be over-simplistic about this issue and there will be many examples of situations where it is not in a child’s best interests to maintain such relationships. None the less, if such relationships can be sustained they should be, and this is where the care plans that are devised at court and the role of the independent reviewing officer come to the fore.

When the case completes in court, the judge will sign off and approve the final care plan. A section in that will include the contact—contact with birth parents and with birth family, which will include siblings as well. A real regret for judges is that they do not know what happens after that point; they have no judicial role once the case has concluded. The case then moves to the management of the local authority and the independent reviewing officers, who have a key and pivotal role to play in the whole adoption procedure. I hope the role of such officers is supported and perhaps even increased and improved over the years. They are charged with the responsibility of checking on that care plan and seeing how it is being implemented. The loss of birth parents can be difficult for children as they grow up, but the loss of siblings with whom they may have been very close can be something of real regret. More needs to be done to improve and encourage not just the placement of siblings together but sibling contact if children have to be separated.

The issue of Criminal Records Bureau checks also needs to be considered and changed across many Departments. A constituent of mine wanted to volunteer to work with the local Home-Start charity. Erewash is lucky to have such a good Home-Start team who do great outreach work, especially for young mums, and work very well with the local authority. The constituent put in for her CRB check and she was confused with another lady who did not even share the same name. The check came back saying that she had a number of convictions. That is simply not the case and it has taken months to resolve the matter. My concern is again with the system that we have. We are dealing with an individual who wants to help; she wants to volunteer in her community and help young mums, and the system has done everything it can to try to prevent her from doing that. We must not let such problems with bureaucracy get in the way. Such problems are also reflected in the adoption process, but I have already covered them in this debate.

Martin Narey, the former head of Barnardo’s, has been appointed by the Government to advise on adoption. He has worked extremely hard and been bold and direct in his conclusions about how we move forward. Both his work and the campaign that has been championed by The Times have done a huge amount to raise the issues across the country.

[Richard Graham (Gloucester) (Con)]

I warmly congratulate my hon. Friend on today’s debate. On the campaign organised by The Times, would she join me in paying tribute to the newspaper for its leadership on the issue, to Martin Narey and to the Children’s Minister, the Under-Secretary of State for Education, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who commissioned Martin Narey to write his report and who has adopted his recommendations? The Prime Minister has both warmly welcomed the report and called for an overhaul of the adoption process. Does she not agree that for the first time in many years, this Government are showing real leadership on the issue of tackling these problems?

[Jessica Lee]

I agree with everything that my hon. Friend said. I reiterate that there is a real momentum—within Government, across parties and across the country through The Times and other publications—to raise the profile of this issue, so we really must do more.

There are many threads and complexities to this issue, but at the heart of this debate is a wish to raise the profile of adoption, to encourage adoptive parents to come forward and to point out how rewarding and valuable adoption of children can be. Like any life-changing decision, it will not be without its challenges and ups and downs, but from the many, many discussions that I have had with adoptive parents I know that their lives have been enriched by the decision to open their homes and to care for children.

As politicians, what we need to focus on now are the real challenges of making the system of adoption as streamlined and as efficient as it can possibly be.

[Ann Coffey]

I congratulate the hon. Lady on securing this debate, and she is making a very thoughtful contribution to it. Does she agree that although we must of course have more adoptions, we must also have more successful adoptions? The research indicates that about 11% of adoption placements break down and that is heartbreaking, both for the adopted child and the adopting parents. Does she think that the Department for Education could take more of a lead in commissioning research into adoption breakdowns, so that we have a better perspective on what goes wrong and can secure more successful placements in the future?

[Jessica Lee]

I thank the hon. Lady for her intervention. In my view, the Department is doing exactly that; it is examining the entire process of adoption, root and branch, in detail. So I am confident that those points are being considered. Her point about the need for post-adoption support is a good one, and it needs reflecting on. Perhaps it takes us back to the points that I made about the role of the independent reviewing officer in reviewing case plans and reviewing the position of children.

I conclude by saying that better outcomes for looked-after children should be our goal. It is attainable; I feel that the momentum towards achieving it is there, and I ask everyone to do their bit to improve the adoption system.