Reform to Contact arrangements post adoption

Suggested Reform to Contact arrangements post adoption, and what this will mean for you.

The benefits to adoption are sizeable, but are the current post-adoption contact arrangements really in the child’s best interest or are they archaic and in need of reform. New reports evidencing the benefits of continued face-to-face post-adoption contact, highlights the need for a subjective assessment rather than maintaining the standard approach, of letter box contact.

This blog considers how these urged changes may impact those involved.

The call for reform

Experts have stated that social work practice changes are necessary to engineer a shift towards a much greater direct contact between adopted children and their birth families.

A recent report by Public Law Working Group evidenced the benefits of face-to-face post-adoption contact for the child’s sense of identity, which despite being widely accepted, remains the exception rather than the rule, in England and Wales.

Most children only had indirect, “letterbox contact”, in which adoptive parents and birth families exchange information by letter once or twice a year.

In calling for a shift to much more direct contact, the group – which included representation from local government, Cafcass, the law, academia and the adoption sector – recommended significant practice changes for both adoption and child protection social workers.

While the report was broadly welcomed, concerns were raised about there being a lack of support to underpin safe and effective contact.

Restructuring the existing ‘outdated’ approach to post-adoption contact

Under the Adoption and Children Act 2002, the courts are required to consider whether anyone should have post-adoption contact with a child, before making an adoption order.

The court may make orders requiring or prohibiting contact, including with the child’s birth family, but these are rare.

The effect on the child

Letterbox contact is the predominant form of post-adoption contact, even though this could prove problematic. A high number of arrangements stall because of one (or both) parties failing to maintain the arrangement. This leaves many adoptees without any effective contact from birth families, resulting in unanswered questions and feelings of abandonment.

Face-to-face ‘safe’ contact could help adoptees with their sense of identity and understanding or accepting the reasons why they were adopted, enabling them to move forward with their lives.

Openness around the circumstances of the adoptee’s birth family has been deemed beneficial to the child.

The court should consider a more tailormade approach to contact for each child, considering face-to-face contact with prominent individuals in the child’s life, if it can be safely achieved, and is in the child’s best interests.

Practice proposals

Child protection social workers should identify relationships that are, or may be, important to the child during family group conferences or pre-proceedings, building on the existing process of identifying alternative carers, by way of an ‘ecomap’. This would provide an early understanding of the child’s network and who may be able to offer a positive perspective should direct post-adoption contact be considered appropriate at the conclusion of proceedings.

During proceedings for care and placement orders, practitioners should fully consider all possible forms of contact and balance the welfare benefits for the child against any safeguarding issues. This should encompass practical issues, such as frequency, duration and location, to assess the most appropriate form of contact, be it face-to-face contact, the use of digital platforms or letterbox contact.

Provisional recommendations for contact, along with any contact support plan should for part of the adoption support plan, which the court will consider before the making of a placement order.

Impact on prospective adopters

A suggested key barrier to contact between adopted children and birth families has been said to be the prospect of opposition from adoptive parents.

It is not proposed that contact be ordered routinely in the face of opposition from adoptive parents.

It is suggested that opposition was much less likely to occur where adoptive parents are given a thorough understanding of the child’s needs right at the start and are given the right continued support.

Traditionally adopters are characterised as being resistant to contact with their children’s birth family, but this is simply not the case. There is increasing openness towards it, if the right support is available.

Data shows that the majority of adopted people (75%) and prospective adopters (70%) think contact with birth family should be normalised, despite this being both daunting and difficult.

It appears more likely that the lack of support is the more likely barrier. Only 17% of adopted adults surveyed received professional support when they were children, to help with birth family contact. 

Should contact be recommended, adoption social workers should have a continuing role working with the families to monitor how well it is going, offering periodic reviews of contact plans.

Support for reform

Adoption England backs the proposals, keen to improve how adopted children stay in touch with their birth families in a supported, safe and meaningful way.

The FRG state the current position was archaic and that the proposals are a hugely important step in modernising the adoption process in England and Wales.

Adoption UK said that more adopted children should have opportunities for contact with their birth family because of the benefits that safe and well managed contact can bring in helping the children to understand their life story and stay connected to important people in their lives.

A careful balance

Contact has to be meaningful and safe for the child, if not, it can be harmful for them, both in childhood and into adulthood.

Enabling contact between a child and their birth family must be carefully managed and incorporating different methods of communication is part of that.

At present support for managing relationships between birth family and adoptive families is at best patchy, at worst non-existent.

The permanent separation between adopted children and their birth family, often leaves children with unanswered questions and a sense of loss, that can last a lifetime.

Contact should be considered and supported given the needs of the individual child.

If you or someone you know would benefit from legal advice or assistance in relation to the above issues, please do not hesitate to get in touch with a member of our experienced Child Care team at info@biscoes-law.co.uk or 0239266 0261.