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Change in law to ensure courts and councils pursue adoption when in a child’s best interest (20 January 2016)

Date: 20/01/2016
Duncan Lewis, Child Care Solicitors, Change in law to ensure courts and councils pursue adoption when in a child’s best interest

Education Secretary Nicky Morgan has confirmed that a change in the law will mean courts and councils will always pursue adoption when it is considered in a child’s interest.

The change in legislation will make it a legal requirement for councils and courts to prioritise giving lifelong stability to vulnerable children within a loving family.

Over the last two years, the number of decisions for adoption made by courts and councils has fallen by around nearly half. The government has issued important guidance to make clear that, where adoption is in the best interests of the child, they must be placed with their new family as soon as possible.

In November, the Prime Minister announced a radical step change to increase the number of children adopted – including news that the government was considering changing the adoption law to make sure the right decisions were being made.

David Cameron also announced plans to boost regional adoption agencies, allowing councils to merge – and cutting the amount of time children spend in care.

On Thursday (14/01/16), the government confirmed that it would seek to change legislation as soon as possible, to make “crystal clear” that councils and courts must place children with the person best able to care for them right up until their 18th birthday – rather than with carers who cannot provide the support children need in the long term.

The move is part of delivering on government’s commitment to extend opportunity to everyone – and make sure every child gets the best start in life.

Education Secretary Nicky Morgan said:

“Every single day a child spends waiting in care is a further delay to a life full of love and stability – and this simply isn’t good enough.

“We have a responsibility to transform the lives of our most vulnerable children, making sure they get the opportunities they deserve. That’s why we are changing the law on adoption to make sure decisions rightly prioritise children’s long-term stability and happiness, so that children are placed with their new family as quickly as possible – helping them fulfil their potential and get the very best start in life.

“This follows concerns that life-long stability and high-quality care that adoptive families can bring is not always given sufficient weight by councils and courts when they make decisions about where children should live – sometimes focusing on just who can support the child in the short term.

“For the first time ever, the law will explicitly state that councils and courts must prioritise the quality of reparative care the child will need in order to recover from episodes of devastating abuse and neglect – and whether the placement will last through the child’s adolescence.”

Children and Families Minister, Edward Timpson – who grew up with 90 fostered brothers and sisters, including two adopted siblings, added:

“Every child deserves a loving home and the chance to thrive – and I have seen firsthand the benefits adoption can provide, where it is in a young person’s best interests.

“Where adoption is in the best interests of the child, we must make sure they are matched quickly with carers who are right for them – those who can provide love and care for a vulnerable young person until their 18th birthday and into adulthood.

“Increased government funding totalling £200 million will also be made available – redoubling efforts to break down bureaucratic barriers in the adoption system, which can lead to children waiting in care for months longer than necessary.”

Government funding will speed up the adoption of harder-to-place children –
and support the creation of new regional adoption agencies to improve the recruitment of adopters and matching children with families.

The funding will also be used to strengthen voluntary adoption agencies and
ensure social workers have the right knowledge and skills to make “robust decisions” about the best placements for children.

In addition, the government’s successful Adoption Support Fund will be extended for the next four years, so adoptive families can access funding for crucial therapy services from day one of caring for their child, rather than waiting months for the adoption order to be finalised.

The government has also announced plans to change regulations, so councils have to carry out more thorough assessments of special guardians, to make sure children are in the right home and with the right relatives, rather than distant family members they have never met.

Duncan Lewis Children Lawyers

Duncan Lewis children lawyers can advise on a wide range of child care matters, including adoption, care proceedings and children taken into Local Authority care, Court of Protection cases – and child care arrangements following separation, divorce or dissolution of a civil partnership.

Duncan Lewis is a leading firm of Legal Aid solicitors and can advise on child care and family law under UK law and Islamic law.

For expert legal advice on adoption, child care and dealing with social services or children taken into Local Authority care, call Duncan Lewis children lawyers on 0333 772 0409.


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