« Previous | Contents | Next »
Listen
Regulation 3 - Adoption Support Services for persons outside the area
Question 3: Do you agree that the three year period is right?
Most respondents agreed to the three year period (starting from the date of adoption) and added comments such as, "the 3 year period is appropriate and in line with provision elsewhere", " appropriate and mirrors arrangements in England and Wales", and " consistent with English legislation which would make any cross-border support arrangements easier to agree, assuming that legislation will address cross-border placements." However, two respondents disagreed with the timescale, one finding it "too extensive and does not allow for the family to legally be a new family when there is still ongoing involvement from the placing authority" and the other "too short". Yet another respondent indicated that every case should be looked on its own merit, and that the authority that placed the child can withdraw support only when the other authority in which the child resides has assessed where necessary and agreed to provide sufficient support services to allow continuity.
Responses from a Local Authority further explained that it made sense that the local authority who is placing the child, and therefore knows the child and their needs best, continue contact with adoptive parents to offer support to the placement following the adoption order. They also indicated that it makes sense that, should the adoptive placement breakdown, the placing authority should have the continued responsibility for considering the child's needs and if appropriate arranging a further adoptive placement. Three years appeared to be an appropriate length of time before the child's needs may have changed to make a local arrangement more appropriate. The Local Authorities indicated that the onus should be on each local authority to provide an appropriate level of support.
Another respondent highlighted the need for the regulation to be compatible with similar in England and Wales as adoptive families in the UK may be mobile (geographically) and it is important that support during this initial period is readily available no matter where the family lives.
One respondent indicated;
"While it is important for the time period to be clearly defined in terms of local authority responsibility for adoption support, the real issue is about effective and reliable partnership-working. Where an authority has placed a child out of its area, there are often practical difficulties in providing support services at a distant. These shouldn't be hard to overcome (and can include the placing agency commissioning and paying for services from the receiving authority during the first three years after the adoption order), but in practice many authorities seem to struggle to do this. There needs to be clear regulation and/or guidance around how this is meant to work in practice, because whatever the difficulties it is the adoptive families that end up losing out, unable in many situations to access support services from either the placing or receiving authority. Individual authorities and the workers within them need to take responsibility for ensuring the delivery of services out of area, including making robust transitional arrangements at the time of placement and also at the end of the three-year time limit."
Scottish Government response
The majority of views agreed with the length of time adoption support should be provided by an adoption agency where the family have moved out with their area. Where there was disagreement the timescale were equally considered to be "too short" or "too excessive". Respondents highlighted the need to address partnership working with other agencies at an early stage to ensure the smooth transition of responsibilities. This is clearly an important area to address, however regulations would not be the appropriate place to make rigid arrangements, rather this will be addressed in guidance to support the 2007 Act.
Question 4: Is the general approach in Regulation 3 supported?
All respondents agreed and supported the approach in Regulation 3 in general, and have found it to be 'good practice'. However, one respondent noted a reservation commenting that "with regard to post adoption support the circumstances of the adopted child may be very different from that of the adoptive family and the adopted child needs to be able to access post adoption support/birth counseling wherever they are resident (this may not be the same place as where the adoptive family is residing)."
Some clarification in relation to adoption allowances for children placed out with the local authority was sought. The regulations appear to state that, at the end of 3 years, the authority where the adoptive family resides assesses their ongoing support needs - Would this include their need for adoption allowances? If so, it was indicated that there may be significant financial implications for some authorities.
Respondents indicated that the regulations need to clearly state that a local authority has responsibility to provide support services to children and their adoptive families who are in difficulty in their area within this 3 year period. The geographic restrictions on some placements may make practical support impossible for example how do you provide an emergency visit if you are 200 miles away? Success will likely depend on the ability of the placing authority and local authority to offer coordinated support to such placements.
Some respondents indicated that the sequence of this regulation does make it difficult to understand, especially as adoption support services apply within an area, and these are not referred to in this section. Making reference to Adoption Support Services outwith the local area can only make sense when the Adoption Support Assessment and Plan have been done.
Respondents suggested that guidance should be drafted to include positive collaboration between local authorities and to ensure that all councils accepted the responsibility at the end of the 3 year period.
Well before the end of the three year period, there must be negotiations between the placing agency and the agency where the family/recipient lives, about needs and provision for ongoing adoption support. If there is no duty about this in the regulations it must be explicit in the Guidance.
An adoption support worker should be identified within every agency for each child and family receiving adoption support. This should apply for all adoption support services but is particularly important in cases when the child is placed outside the area of the placing agency.
Families and children must be given information about their general rights to adoption services, to adoption support services, to assessment under s.9 and the process of transfer of responsibility to the agency where the family/recipient lives.
Guidance will need to make clear that placing agencies should establish contact with the agency where the family/recipient lives, whether it is in Scotland or not. Guidance should indicate where Scottish agencies may find information about agencies elsewhere in the UK and the adoption support duties in the other three UK countries.
Scottish Government response
The general approach outlined in Regulation 3, the responsibilities for adoption support services where the adoptive family lives out with the adoption agencies area, was supported by the respondents. Again, the need for early planning and collaboration between agencies was highlighted to ensure the smooth transition of responsibilities. As stated earlier, this will be dealt with in guidance. Other comments made by respondents, such as emergency support and support workers will also be picked up in guidance as suggested.
Clarification was sought concerning whether adoption allowances were included in this regulation. This regulation specifically refers to adoption support services and not adoption allowances. The Adoption Support Services and Allowances (Scotland) Regulations deal with the payment of allowances separately from support services and there are specific regulations on the termination of allowances. However, where payment is made to the adopters in lieu of support services (as provided for by s12 of the 2007 Act) then this payment is covered by the regulations. This is due to this payment being considered to be the support service and not an allowance.
Question 5: How far should "outside the authority's area" extend, within Scotland, the UK or wider?
This question received varied views, however the majority felt that "outside the authority's area" should extend to all of the UK.
Within Scotland - One respondent noted that in previous discussions with stakeholders, it was agreed that any adopted child and their family, living in Scotland should be afforded the opportunity to receive a post adoption support service in line with supporting the best interests of the child. Meeting the needs of the child irrespective of where the child was adopted from should be made explicit in the regulations.
Within UK - Most respondents agreed that "outside the authority's area" should extend to " within", " throughout" or " as far as" the UK; with one respondent adding the need for consistency with English and Welsh practice, so that all operate to the same principles. Only one respondent explicitly also mentioned, " including Northern Ireland". One response stated that there should be no geographical limit specified out with the UK.
Wider - As noted by a respondent, it would become very complex to provide a service outwith the UK. Further work would have to be undertaken to extend beyond UK.
Inter-country Adoption - It was highlighted by two respondents that intercountry adoption(s) may also need to be considered.
Scottish Government response
The majority of views indicated that the provision of adoption support services under this regulation should include such provision whether the adopters lived in Scotland or elsewhere in the UK. The regulation making power indicates that the regulations can be made for the assessment of adoption support needs where one person moves from one local authority to another or to Scotland from outwith Scotland. s119 of the 2007 Act defines Local Authority as "councils in Scotland" therefore the regulation can only apply to the duties of a Scottish Local Authorities. However, this regulation refers to the need to continue support for a person outwith the area, therefore imposes a duty on an Local Authority in Scotland which placed the child.
With respect to where the adopted person resides, given the time limit of 3 years from the date of the adoption order and the need to ensure that those people who require the support (most likely, though not exclusively, the adopted child and the adoptive family) receive it, this regulation could apply where the person resides outwith Scotland. This can include the rest of the UK and, potentially outwith the UK. However, this would not include intercountry adoption as this is not considered to be an occasion when a Local Authority in Scotland places the child.
Question 6: Should the provisions for providing support services to those residing out with the local authority area be extended to cover such other persons identified in section 1(3) of the 2007 Act, if so, which persons?
A minority of respondents felt that the key persons identified in the regulation were " sufficient" or " adequate". Further added that the regulation allows this to be wider if the authority feels it is appropriate, which is helpful. However, most respondents recognised that there may be circumstances where the local authority would need to take into account the persons identified in Section 1(3) of the Act, and had nearly the same additions to the regulation, with one respondent emphasizing that the adopted individual should be the priority.
One respondent indicated that, " cover should be extended to all parties involved in the adoption process. With particular reference needing to be made to supporting sibling contact for adopted children where there is a wide geographical spread."
Other such "persons" to whom services/provisions should be extended to included, birth children of an adoptive parent, birth siblings of the adopted child (particularly important in relation to contact issues), wider adoptive family, including grandparents who may well be taking an active role in the support of the adoptive parenting.
Scottish Government response
The responses to the consultation indicated that further "other persons" should be added to the list of people that can access adoption support from out with the placing agencies area. These further additions generally followed those people indicated in section 1(3). The policy intention was to ensure that those affected by an adoption greatly, such as the child, the natural parents and the adoptive parents and the children of the adoptive parents had access to adoption support from the agency no matter where they reside. The agency could provide support for other persons if appropriate, however, these persons were not as affected by the adoption and could seek support from other agencies or sources. We feel that the caveat at regulation 3(3) sufficiently covers other persons and this will be expanded on in guidance.
« Previous | Contents | Next »