How to contact us for advice
We provide advice to parents, grandparents, relatives, friends and kinship carers who are involved with children’s services in England or need their help. We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.
Our advice service is free, independent and confidential.
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). For Textphone dial 18001 followed by the advice line number. Or you can ask us a question via email using our advice enquiry form.
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Our get help and advice section describes the processes that you and your family are likely to go through, so that you know what to expect. Our webchat service can help you find the information and advice on our website which will help you understand the law and your rights.
These are show in the diagram below. Click on the dropdowns below for more information about each step.
All options that are realistically possible for a child’s long-term care must be explored. This must happen before children’s services consider adoption. This was said by judges in the case of Re B-S (Children) [2013] EWCA Civ 1146). This is a decision made in the Court of Appeal.
What does this mean in practice for children’s services?
It means children’s services must look at whether:
A family group conference is a good way to do this. A family group conference is a family-led decision-making meeting. It brings together the whole family, and others who are important to the child. Together, at the family group conference, they make a plan for child.
What does this mean in practice for families?
If there is anyone in the family who might be a suitable carer, parents should tell their solicitor and the social worker straight away.
Government statutory guidance called Volume 1 Children Act 1989: Court orders and pre -proceedings says children’s services should consider making a referral for an FGC ‘if they believe there is a possibility that the child may not be able to remain with their parents… unless this would place the child at risk.’
If a family group conference has not been suggested, the family can request one. And can remind children’s services of what that government guidance says.
See our Family group conference: advice for families page for more information
And what does it mean in practice for the Family Court?
It means when children’s services present a plan of adoption to the Family Court during care proceedings:
Children’s services must provide parents with specific support when they are considering a plan of adoption for a child. This includes counselling and information about adoption.
Where is this requirement set out in law?
The Adoption Agencies Regulations 2005 and the National Minimum Standards on adoption require children’s services to:
What can parents do to access this help?
So if there is a plan for a child to be adopted, parents should ask the social worker to put this support in place for their family.
Some parents may feel unsure about receiving counselling from the same agency that is arranging the child’s adoption. But there are independent organisations which can provide this. The key worker should arrange for parents to be referred.
See the Adoption section of our Useful links page for details.
Children’s services must seek parents’ wishes and feelings about specific things. This is required under Regulation 14 of the Adoption Agencies Regulations 2005.
Will this include speaking with the child’s father?
It is important that the child’s mother and father are involved. Even if a father does not have parental responsibility for his child, social workers must ask him about the plan for adoption. The only exception is if the Family Court has said this should not be done. The discussion with a father should include looking at whether there is anyone in his family and friends’ network who could potentially care for the child.
Where a child is old enough, the social worker should speak to them about the plan for adoption.
The information gathered should go into the child’s permanence report. This report is used by children’s services and the Family Court when making decisions about the adoption. And the information about the child and family in the report helps to identify prospective adopters who will be able to meet the specific needs of the child.
What if parents find it hard to share their wishes and feelings with the social worker?
It is important for parents to have the chance to share their wishes in relation to adoption with the social worker. This helps to make sure what is in the report is right and accurate. But parents may find talking about adoption very difficult and upsetting. Even if they are agreeing to the adoption. So, thinking through with a trusted friend or family member how to best to share information, may be a good idea.
A plan for adoption of a child is a very serious step. Adoption has lifelong implications for a child and their family. Before the plan reaches the Family Court, it must be looked at by a senior person in children’s services.
Who is the senior person and what exactly is their role?
This senior person is called the Agency Decision Maker. They:
Only if the Agency Decision Maker approves the plan, can it then be presented to the Family Court.
But the exact process that an Agency Decision Maker must follow will depend on whether the parents agree to their child being adopted or not.
Open or download this table which explains what happens where parents do not agree with a plan for adoption. And the process which should be followed where they do.
No. This is still only internal approval for children’s services to proceed with a plan for adoption.
If parents do not agree with the plan for adoption, there are further legal procedures that must be followed before a child can be placed for adoption. See Placing a child for adoption for more information.
But those procedures do not apply where a child is going to be cared for by foster for adoption foster carers. Foster for adoption is a type of foster care used when adoption is being considered for a child.
The idea is that the child is able to form a strong, early relationship with the people who may go on to be adopt them.
Children’s services and the court have to follow strict legal procedures before a child can live with a family who wants to adopt them. But the law and process is different if children’s services want to place a child in a foster for adoption placement.
Our Foster for adoption: information for parents advice sheet covers:
What parents should do if a social worker tells them they want to place their child in a foster for adoption placement.
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