Assessment and Approvals and Review of Prospective Adopters

Prior to Stage One, prospective adopters should be given an explanation of the statutory duty on the Service to conduct checks into their background and into the background of any other adult members of their household. It should be made clear that the prospective adopters will not be able to proceed to Stage Two where criminal record checks identify them or an adult member of their household as having been convicted of a specified offence or police caution in respect of a specified offence.

In the absence of similar legislation Guernsey follows practice in England regarding offences it considers will prohibit people from adopting children. A ‘specified offence’ means:

• An offence against a child/ any offence involving bodily injury to a child, other than an offence of common assault or battery;
• An offence relating to indecent images of children under the age of 16;
• Sexual offences of rape; assault by penetration; causing a person to engage in sexual activity without consent; sexual activity/causing or inciting sexual activity/inducement, threat or deception to procure sexual activity with a person with a mental disorder impeding choice.

Criminal record checks with the Disclosure and Barring Service must be carried out on the prospective adopter and any members of their household aged 18 years and over. The administrative staff will arrange for the required checks to be made on all members of the household aged 18 and over. Enhanced Disclosure and Barring Checks are not transferable therefore copies of checks carried out for other purposes cannot be accepted. Checks will also be undertaken with the Probation Service.

Where an applicant is or has been a member of the Armed Forces, enquiries should be made from SSAFA organisation.

Where the applicant or any member of the household has been known to Children's Services, information should be obtained from the relevant social worker and records.

Where an applicant has lived outside of the UK overseas (within the last 10 years), checks may also be made through the relevant Consulate or agency on all members of the household aged 18 and over. The application process for criminal records checks or 'Certificates of Good Character' for someone from overseas varies from country to country.  For further information, see GOV.UK - Criminal records checks for overseas applicants. If the applicant is unable to gain clear evidence from the relevant country that they are 'not known' to the authorities then they must be willing to provide an additional character reference to vouch for their conduct while abroad, preferable someone who was with them or visited them.

Checks will be made regarding whether the applicant has a right to live and work in Guernsey.

Social Media checks will be undertaken. Where the prospective adopter’s full history cannot be ascertained by conducting a criminal record check and other background checks a decision should be taken as to whether to carry out any other checks or take up additional references. The agency should ensure it has sufficient information to justify continuing with Stage One but not delay the approval process. If it decides not to proceed, it should provide the prospective adopter with a clear written explanation of the reasons why.

The agency may not consider a prospective adopter suitable to adopt a child if they or any adult member of their household has been convicted of a specified offence committed at 18 or over, or has received a police caution in respect of a specified offence which they admitted at the time the caution was given. In such circumstances the agency must notify the prospective adopter in writing, with reasons, without delay.

Information obtained from the Disclosure and Barring Service (DBS) should be retained on the prospective adopter’s case record for a limited time only. This information should be destroyed when it is decided that the prospective adopter is suitable to adopt a child unless it is required for an adoption with a foreign element. It should be noted on the prospective adopter’s case record that the DBS information has been destroyed, and a note recorded on the file that this information had led the agency to form a particular view, without citing the information itself.

Where the criminal record checks disclose previous convictions or cautions for non-specified offences, the agency may consider that the prospective adopter is not suitable to adopt. In such circumstances, the agency must exercise its discretion and decide whether to continue with Stage One. If it decides not to proceed, it must notify the prospective adopter in writing, with reasons, without delay.

In circumstances where the application is a joint application, the agency may only inform the prospective adopter who is the convicted or cautioned individual of the specific reason for terminating Stage One. The social worker should explain to that person that the agency will not inform the other person of the specific conviction or caution but will inform them that because of information obtained from the checks the joint application cannot proceed.

Likewise, where the checks reveal information about an adult member of the household that indicates that the agency must terminate Stage One, the agency is restricted from disclosing information about that conviction or caution which prevents the application from proceeding. It may inform that individual and suggest that they inform the prospective adopter but it may not do so itself. In such a case, the agency should counsel the prospective adopter that its checks indicate that the agency must not continue with Stage One and that its checks indicate that the agency should not proceed with the application.

The applicant will be provided with the relevant CoramBAAF medical form to fill in with their details and will be asked to arrange and attend an adoption medical examination with their G.P. unless the Service does not consider such a medical examination is necessary, for example where the applicant is a foster carer and a recent health report is already available.

The prospective adopter must cover the cost of this medical (typically a double appointment but sometimes more). The GP is asked to return the completed medical form directly to the Administration Team. On receipt the Administration Team will pass the information to the Medical Adviser for comment. On receipt of the Health Checks the administrative staff will update the electronic record on the Carer Medical Checks Form on Mosaic.

The Service’s Medical Adviser will need to provide a summary of the prospective adopter’s state of health as part of the prospective adopter’s report. The Medical Adviser will need to form a view as to the adequacy of the medical reports received and to advise whether additional specialist opinion should be obtained. The prospective adopter’s current GP may not have a full health history of the prospective adopter. Prospective adopters should be helped to understand the importance of making their full health history available to the agency’s Medical Adviser.

Agencies have a duty to satisfy themselves that prospective adopters have a reasonable expectation of continuing to enjoy good health. Where the medical information suggests that the applicant may not be suitable for health reasons, this should be discussed in detail with the applicant and withdrawal may be advisable at this stage. Additional reports may be required and the Medical Adviser should explain and interpret health information from the prospective adopter, their GP, and consultants to facilitate Adoption Panel discussion. The opinion of the agency’s Medical Adviser needs to be given sufficient weight by the Adoption Panel and the Agency Decision Maker.

Mild chronic conditions are unlikely to preclude people from adopting provided that the condition does not place the child at risk through an inability of the individual to protect the child from commonplace hazards or limit them in providing children with a range of beneficial experiences and opportunities. The possibility of providing support in appropriate cases to assist in overcoming any possible negative consequences arising from disability or restricted mobility should be borne in mind. More severe health conditions may raise a question about the suitability of the prospective adopter, but each case will have to be considered on its own facts and with appropriate advice. 

Each applicant will be asked to provide the names of two personal referees, who are adults, have known the applicant for at least five years and are not related to the applicant and one other referee who is a family member. A written report must be prepared of the interviews held with each of the referees.

Referees should be people who know the applicants well in a personal capacity, and it is desirable that the referees have direct experience of caring for children, either in a personal or professional capacity. 

Where there is a joint application, referees should know both applicants, or additional referees will be required.

A written reference must be obtained from each applicant's current employer regardless of the applicant's occupation.  In addition, where the applicant has frequently changed jobs, written references should also be obtained from past employers. Self-employed applicants can provide a reference from co-workers / co-owners or a regular client.

Where the applicant has previously worked (either in an employed or voluntary capacity) with children or vulnerable adults, written references will be sought.

Where the prospective applicant has made a previous application to foster or adopt, the relevant agency must be asked to confirm in writing the outcome of the application and provide a written reference.

The referees should be asked to comment on the following:

1. The length of time the referee has known the applicant, in what circumstances, how they met and how regularly they are in contact;
2. Where there is a joint application, the couple's relationship including its stability and quality, the couple's strengths and ways of coping with stress and how mutually supportive the couple is;
3. The applicants' general physical and emotional well being;
4. How the applicants relate to children, with examples, and what experience the applicants have of caring for children;
5. How the applicants have adjusted to childlessness if this is the case, how they have prepared to become adoptive parents, how much they have shared with the referees and how open they are in talking about the issues surrounding adoption;
6. If the applicants have children of their own, how the referee thinks a child from a different ethnic background will impact on the other children in the family;
7. Any reservations the referee has and whether the referee wholeheartedly supports the application.

At the start of the interview, the referee should be informed that the written report of the interview will not be shared with the applicants but that any issues arising during the interview may be discussed with them.

Issues for discussion include the following:

• The applicant as a personality;
• The stability of the couple's relationship (if a joint application);
• The referee's impression of the applicant's general physical and emotional well being;
• The referee's opinion on the applicant's ability to relate to children, and the basis of the opinion;
• The referee's opinion on whether adoption is appropriate for the applicant;
• Any reservations the referee may have to express about any aspect of the application;
• Whether the referee wholeheartedly supports the application;
• What support the referee is able to offer the prospective adopters;
• Whether the referee has any reason to believe the applicant would harm the children in their care.

A reference from previous partners must be sought. The focus of this is to obtain information regarding the relationship and if relevant, where children were born of that relationship, previous parenting and to ensure there are no child protection concerns. Adult children of such relationships must also be contacted. If the applicant cannot provide information regarding the whereabouts of the previous partner or has a valid reason for this referee not being contacted (for example, where there may have been domestic abuse) this should be recorded and a reference sought from a person who knew the applicant well when in that relationship.

Where the applicant has children, the relevant school(s), college, nursery, preschool or Health Visitor will be contacted.

Where applicable, the Service must ascertain whether the local authority in whose area the prospective adopter has previously had their home has any information about them that may be relevant to the assessment. If so, the Service must obtain from that authority a written report setting out the information. Local authorities asked for this information should comply promptly with these requests and provide this information within 15 working days wherever possible. In requesting information from a local authority, the Service should seek to ascertain whether records held by social services and education departments hold relevant information about the prospective adopter.

There is no reason in principle why information held by one part of the local authority should not be shared with another. Protocols operated by children’s services may, however, restrict access to cases where there is concern for the safety of a child. This means that an adoption check may not automatically involve a check to see whether a child of the family has been the subject of a Child Protection Plan unless such a check is specifically requested. The prospective adopter may have lived for only a short period in the area of their local authority. In such cases, the Service should obtain information from the prospective adopter’s former local authorities.

The administrative staff will send requests for written references to each referee.

On receipt of the references, the administrative staff will update the electronic records on the Carer Checks and References Form on Mosaic.

Where the checks and references information has been obtained in Stage One-Application and is considered suitable the assessment will be allocated to a social worker by the team manager

Where the decision from Stage One is that the prospective adopter is not suitable to adopt a child, the prospective adopter must be provided with a clear written explanation of the reasons why they will not be able to proceed to Stage Two. The pre-assessment decision may be made notwithstanding that not all of the required pre-assessment information has been gathered.  Prospective adopters who wish to complain if they are unhappy about the way their case has been handled can complain via the Service’s complaints procedure. The complaints process should address whether or not the applicant’s case has been handled in a reasonable way, rather than the question of the applicant’s suitability to adopt.  

Note that in certain agreed circumstances Stages One  and Two of the assessment process can be carried out concurrently, but the Stage One information must be sought as soon as possible, and the decision about whether an applicant has successfully completed Stage One must be made as soon as possible following receipt of all the information sought in Stage One.

Sharing information about a person that is held in their existing foster carer or adopter records is permitted for the purposes of informing a new assessment of a person’s suitability to foster or adopt. For instance, if previous partners have been interviewed in the past to verify facts, and the current assessing social worker is satisfied with the records in respect of these interviews, it should not be necessary to repeat the interviews if no further information is required. The assessing social worker should, however, satisfy themselves as to the quality and continuing relevance of the information before using it to inform the current assessment.

Information that should be shared, upon request, in order to inform a new assessment of a person’s suitability to foster or adopt includes:

• The report of the original assessment of the person’s suitability to foster or adopt (if it is considered by the body requesting the information to be recent enough to be relevant);
• A copy of the report of the last review of the individual’s continuing suitability to foster or adopt and any other review report considered useful to understanding the person’s current suitability to foster or adopt;
• Details of any concerns about standards of practice and what if anything is being done/has been done to address them;
• Details of allegations made against the foster carer/adopter or their household members; and

Any other information considered to be relevant to the assessment of the person’s suitability to foster/adopt. 

Information should only be shared with the informed, explicit consent of all parties referred to in the information, including young people where they have sufficient understanding to consent to the sharing of their information (if they do not have sufficient understanding, the consent of a person with Parental Responsibility would need to be obtained). This means that the person giving consent needs to understand why their information is to be shared, what will be shared, who will see their information, the purpose to which it will be put and the implications of sharing that information.

If consent is refused, the current fostering service or adoption agency should consider whether there is any information in the records that is a cause for concern. Any information about an applicant’s conduct or suitability to foster/adopt that has caused concern should be shared even if the individual has refused consent. If there are no such concerns, and the individual has refused consent, information should not be shared. This may require documents to be redacted to remove information relating to individuals who have refused consent. 

Requests for access to information should be accompanied by the written consent of the applicant to the sharing of their information.

The receiving service should acknowledge the request within two working days, seek consent from all others referred to in the information within five working days and the information, redacted where necessary, should be provided within 15 working days.

In conducting the assessment, the social worker should analyse and consider the information they ascertain from and about the prospective adopter, including any issues identified during the adoption preparation. The approach should be objective and inquiring, with information evaluated and its accuracy and consistency checked. The assessment must be carried out by a qualified social worker with suitable experience. The assessment will comprise a series of interviews, the majority of which will take place in the applicants' home. Applicants should be interviewed at least once individually and a number of times with their partner, and all other members of the household will also be interviewed, including the children. 

The areas covered in interviews will include consideration of the following:

• Individual profiles of all members of the household, including a photograph and physical description, racial origin, cultural and linguistic background, religious persuasion, personality and interests, relationship (if any) to the child;
• Information about the home, the local community and the neighbourhood;
• Details of education and employment - past and present;
• Income and expenditure;
• Details of past and present relationships;
• Motivation to adopt/childlessness;
• Parenting capacity, experience of being parented and experience with children, awareness of how to promote secure attachments between children and appropriate adults;
• Support network, including wider family network;
• Views and feelings about adoption and its significance, attitudes to birth families and approach to openness in adoption, helping children make sense of their past and contact;
• Views about parental responsibility and what it means;
• Views about a suitable home environment for the child;
• Views about the importance and value of education;
• Views and feelings about the importance of a child’s religious and cultural upbringing;
• Any other information which indicates how the prospective adopter and anybody else living in the household is likely to relate to a child placed for adoption;
• Any other relevant information which might assist the Adoption Panel or the Service;
• A Genogram, Eco-Map, Safe Care Plan, Preparation Training feedback and Chronology of key events in the applicant's life from birth must be compiled, showing their educational, employment, marital and/or relationship history and addresses for the previous 10 years; any gaps and/or unusual patterns should be explored;
• All information provided by the applicant must be independently verified where possible, by checking it against other sources such as referees. Where an applicant has been divorced or separated, factors contributing to the breakdown of the relationship should be verified. This applies equally to significant relationships between couples who are not married;
• The assessing social worker may contact the previous partners of the applicant (taking care not to disclose confidential personal information about the applicant). Where there were any children of the relationship or where children were cared for jointly, the social worker will arrange to interview them face-to-face wherever practicable. All adult children of the applicant living away from home will also be contacted;
• The assessing social worker will visit and interview a minimum of three referees and provide a written record of the interview. Referees and any other family members spoken to during the preparation of the report should be informed in writing about the position in relation to confidentiality. A written reference will not be shown to an applicant unless the applicant requests disclosure and the referee consents to disclosure. The same applies to information and opinions shared in the course of conversation. The source will not be disclosed to an applicant without permission. However, referees and others should be made aware that it will often be necessary to discuss with the applicant information and opinions expressed, particularly regarding concerns, although where this happens, the particular source of the information or opinion will not be disclosed. Referees should be sent a written record of the discussion held with the assessing social worker and be asked to sign their agreement to it being a true record;
• The adequacy and safety of the prospective adoptive home and transport will be assessed and a Health and Safety Check will be undertaken by the assessing social worker;
• An assessment of the risks posed by any pets in the household must be undertaken together with assessment of any dogs in the household. Where necessary the assessing social worker will ask the Guernsey Society for the Prevention of Cruelty to Animals (GSPCA) to undertake further assessment of dogs within the household. For applicants with boats where a child may be taken out on the vessel a Boat Questionnaire will be completed. Any issues that arise through these checks will be recorded on the assessment. The assessment will consider the likely need for adoption support services of the prospective adopters and any member of their family - see Adoption Support Services. As part of this, the family's finances and the criteria for financial support should also be discussed;
• The assessment will also cover the applicants' willingness to notify the Service if the adopted child dies during childhood or soon afterwards, their views on post-placement and post-adoption contact and their willingness to pass on information to birth parents about the progress of the adopted child. These issues should be specifically reported on to the Fostering and Adoption Panel.

This list is not exhaustive and other issues relevant to the applicant or members of their household may need to be addressed as part of the assessment. Applicants will be encouraged to be actively involved in contributing towards the assessment and supported to provide their own written report/portfolio for Panel to evidence their capabilities and to support their application.

Discussion should take place with the prospective adopter about whether they may be interested in fostering a child for whom adoption is thought to be a likely outcome. This can be where, although the child’s plan is likely to become adoption, other options have not yet been ruled out for that child. There is no need for the Service to assess and approve the prospective adopter as a temporary foster carer at the same time as they are carrying out the adopter approval process although dual approval can be considered if the prospective adopter wish to do so.

The Service should indicate on the Prospective Adopter’s Report if the prospective adopter is interested in Fostering For Adoption. This will allow prospective adopters to be matched with a child requiring a Fostering for Adoption placement.

Fostering for Adoption carers should have access to appropriate supplementary/ specific preparation sessions as well as the usual preparation and training package available to all adopters. Meeting other adopters who have experience of these types of placements is an important part of this preparation. There should be appropriate exploration of the capacity of the foster carers/prospective adopters to manage the emotional and practical tasks of being foster carers until and if placement for adoption is agreed by the court. It is important to ensure that carers are fully informed about the nature of the placement, their role in that placement as foster carers and their understanding of the possibility of the court deciding to pursue an alternative plan to adoption.

Applications will be considered from married couples, civil partners, unmarried couples or single people. In the case of joint applications, there is no minimum requirement on the length of the marriage/civil partnership/relationship, but the Panel will need to be satisfied that there is evidence of an enduring relationship and about the stability of the relationship.

Applications will be considered from people of any or no religious persuasion.

Applications will be considered from people of any race or culture.

The ability of a potential adopter to meet the needs of a child related to their religion, language and other characteristics associated with their and the potential adopter’s 'ethnicity' can be a relevant consideration in determining the appropriate match for a child. In some rare cases, it may be an important consideration. A prospective adopter should be considered able to parent a child with whom they do not share the same ethnicity, provided they can meet the child’s most important identified needs throughout the child’s childhood. The Service must provide them with flexible and creative support. This applies equally whether a child is placed with a black or minority ethnic family, a white family, or a family which includes members of different ethnic origins. Only in very exceptional circumstances should matching a child with prospective adopters be delayed solely on the grounds that the available prospective adopters cannot meet all the child’s needs arising from their racial or cultural background. A prospective adopter can be matched with a child with whom they do not share the same ethnicity, if they can respect, reflect or actively develop a child’s racial identity from the point they are matched and as they develop throughout their childhood. The prospective adopter needs to demonstrate that they fully understand that having a child from a different ethnic group will present a number of challenges, not least that there may be visible differences that can affect a child’s self-esteem and increase their possible feelings of difference. For example, the child may have to deal with questions from their peers about why they are ‘different’ to their family.

There are specific requirements regarding age depending on the circumstances of the applicant and whether they are related to the child or not and clarification regarding the criteria of persons related to a child can be sought from the Service. For an individual the applicant must be at least 25 years of age unless they are a relative of the child in which case they should have attained at least 20 years of age; for an unrelated couple one of the applicants must be 25years of age and the other should have attained at least 20 years of age.

There is no specific upper age limit. Older and more experienced people could take on the care of older children, provided they will have the health and vigour to meet the child’s varied demands in their growing years and to be there for them into adulthood. Age is also not necessarily linked to general health, fitness and emotional wellbeing. The agency’s Medical Adviser should investigate and obtain relevant information about a prospective adopter’s health in order to be satisfied that they are able to take on the task of adopting a child and have the expectation of caring for the child through childhood and into adulthood.

Applications will be considered from all people of whatever their gender.

Applications will be considered from people of any sexual orientation.

Applicants may be in work or not. Whatever the applicants' income, they will need to consider the financial implications of increasing their family.

Physical health, emotional maturity, psychological stability, mental health and resilience are key factors in assessment of suitability. Life limiting illness or conditions will influence decisions about suitability to adopt as will other caring responsibilities or psychological factors such as vulnerability to stress. Applicants will be required to have a specified CoramBAAF AH medical and undergo any further tests/checks that may be required by the Fostering and Adoption Panel's Medical Adviser. The Medical Adviser will advise on the applicants' ability, from a health point of view, to meet the needs of a child throughout their childhood.

The Service will not place young children or a child vulnerable to chest complaints in a household where one or both parents are smokers.

A person who is seeking approval as an adoptive parent will not be considered if they or any adult member of the household has been cautioned for or convicted of an offence against a child which involves violence or bodily injury (other than common assault or battery), cruelty (to a child under 16), indecency, abduction, the supply of Class A drugs or the importation/possession of indecent photographs of a child under 16 or a sexual offence against a child unless the offence was contrary to sections 6,12 or 13 of the Sexual offences Act 1956 and the person concerned was under 20 when the offence was committed.

Other convictions will not necessarily preclude an application, but this will depend on the seriousness of the offence and how long ago it was committed. The individual circumstances of situations where an applicant has other convictions or has been accused but not convicted of such an offence must be considered in light of the full details and an assessment of any risks that they may pose to children. If the applicant or a household member has previous convictions or a history of offending, the Service may not proceed with an assessment. Such offences would include violent offences, supply or possession of illegal drugs, dishonesty, fraud, racism, drink driving and serious motoring offences. Where an applicant has a conviction for any offence the Service will require information on the following factors to be available in order to consider whether to recommend that the application / assessment should proceed and in some circumstances a Brief Report may be presented to the Fostering and Adoption Panel for their recommendation on whether to proceed with the assessment:

• Age when offence committed;
• Age now;
• Circumstances of the offence;
• Any supporting / corroborative information e.g. police report, probation etc;
• Outcome of court case, i.e. custodial sentence (length), fine etc;
• whether disclosed on application form, and if not disclosed any explanation offered;
• Applicants attitude to offence;
• Any post-conviction work undertaken with the offender to address their offending.

Applications to adopt will not be considered from anyone who owns a pet that is registered or required to be registered under the Dangerous Wild Animals Act 1976 In cases of doubt or dispute, the matter will be referred to the manager of the Family Placement Service who may also consult the Panel Adviser and/or the Agency Decision Maker

Applicants may own their own home or live in rented accommodation. They will have to demonstrate that they have a secure home environment in which to bring up a child.

They will need a separate bedroom for the child with accommodation appropriate to the number and ages of the children they are seeking to adopt.

Childless couples wishing to adopt will  be required to have completed any fertility tests and treatment, and to have had a period of time, usually about 6 months, since completing the tests before an application can be accepted. This is because it is important for couples to have accepted their infertility and grieved before moving on to start the adoption process.

Applications will be accepted from people who already have a child, in which case any children should usually be at least two years older or younger than the age of the child an applicant is seeking to adopt. If the intention is to adopt a child in the middle of the family, there should be a three year age gap between the siblings.

Applicants must be domiciled and resident in the Island of Guernsey or Alderney and, depending on the circumstances of the applicant and child, there are specific requirements within the law regarding residence and domicile which can be sought from the Service. In the case of applicants where Guernsey or Alderney is not the domicile of origin (i.e. they were not born in Guernsey or Alderney) applicants must evidence that Guernsey or Alderney is their domicile of choice and that they have an intention and a lawful right to remain in Guernsey or Alderney.  In all these cases it is essential to see all relevant documents in order to fully establish nationality and immigration status.

Where there is doubt, potential applicants should be asked to seek independent legal advice.

It is important that the applicant who is going to be the main carer has some experience of children of the age group in which the applicants are interested.

Applicants will need to demonstrate that they have accessible and established support networks of family and friends who will be in a position to provide support with parenting.

Prospective adopters will be expected to comply with arrangements for post placement/post adoption contact with the child's birth family, where the Service considers it is in the child's best interests for such contact to take place.