Repeat Sex offenders rights for daughter

[TJ792]

Hi, i was wondering if someone can give me some advice. I have special guardianship over a family member and have done for 6 years when she was a baby (her mother passed away). Her dad is a repeat sex offender and is back in prison for a 3rd time. My question is where do i stand with applying for adoption. He's on her birth certificate but he's never been there. She has no idea who he is. He was due to come off his probation period this month but he broke it and he's back in prison for * committing a sexual offence against a child* i want to give her stability and I'm scared incase he can stop it.

[Uska]

Hello,

As a close relative you can make an application for non-agency adoption, providing that you satisfy certain legal requirements.

First, general requirements: your age (over 21) and applying either as a single person if you are single or as a couple if you are married/in a civil partnership (unless certain exceptions apply).

Second, the child needs to have his home with you for not less than three years (whether continuous or not) during the period of five years preceding the application.

Third, you will need to give notice to the local authority area in which you live. This is referred to as a section 44 notice of intention to adopt. On receipt of the notice, the local authority is required to ‘investigate’ the matter with a view to preparing a report to the court. Local authorities need to have procedures in place for responding to notices of intention, and allocating a suitably qualified social worker to deal with the case.

The local authority has an opportunity to discuss with the proposed adopters their hopes and expectations of adoption and to offer them advice and information. It will be important to ensure that the child, if of sufficient age and understanding, is aware of what is proposed and is given an opportunity to express a view.

You will need to be mindful that the child’s father will be a respondent to the application and can oppose the application for an adoption order. The court will be concerned with the welfare of the child and his best interests in reaching a decision. The court process could be lengthy depending on whether the parent is opposed to your application or not.

You are probably not entitled to Legal Aid.

Child Law Advice's article on non-agency adoption will provide you with more information https://childlawadvice.org.uk/non-agency-adoption/.

You can also contact Adoption UK helpline: 0300 666 0006.

[TJ792]

Im 24 and married. Shes been living with me and in our home for 6 years. No contact from her dad or his family since she was a toddler. Thankyou for your help. Shes my niece and i currently have Special guardianship at the moment but we are wanting to jointly adopt her

[Uska]

That sounds like you have fulfilled all the criteria to apply - I recommend that you follow the guidance on the Child Law Advice's website on how to apply. I wonder if you could also contact your local social services's department and discuss your intention to apply with them informally first...

If the local authority's assessment of you is positive, given the father's circumstances, it is very likely that there will not be many obstacles to the adoption order being granted - the local authority will discuss this with you in detail.

I wish you all the best!

[Suzie, FRG Adviser]

Dear TJ792,

Welcome to the Parent’s Forum. I am Suzie, Family Rights Group online adviser.
As you are a friend and family carer you should post on our friend and family carers board . I know that there are relatives who have asked similar questions and taken similar applications.

I can see that Uska has given you a lot of helpful advice about adoption applications and referred you on to organisations that can help.
Adoption is certainly a plan that you could pursue, and those organisations should be able to advise further. It will mean that dad will lose his legal parental responsibility.
However, itt is not often granted in family situations like yours as it severs all connections with the paternal family including the grandparents, aunts uncles, cousins etc. It also can skewwiff the relationships so to you will be a parent as well as an aunt/or uncle.

It will also mean that dad who has not been around will be contacted by the court and local authority and will have a voice in the proceedings. He could oppose it and ask for contact for example. It potentially brings him back into your niece’s life.

You have the alternative of remaining as a Special Guardian which is quite a secure order as it gives you enhanced parental responsibility. Dad would not be able to apply to discharge the order without first getting the courts approval to make an application. He has not had contact for years and so your niece does not know him, and he remains a risk to children. If he was to apply for contact with your niece there is a good chance that the court will say that it is not in your niece’s best interests. Here is our advice sheet for carers about SGO’s.

As Uska says, it is worth talking to children services about your options as they will be asked to complete a report for the court.
Good luck with your decision.
Best wishes,
Suzie