The majority of prospective adopters make their application to adopt through the normal ‘agency’ route – they are approved as adopters, matched with a child, the child is placed with them, the local authority (LA) supports them in making an application to adopt that child, and the LA (on the whole) manages the process on their behalf.

There is another route to adoption, which is less common and far more complicated – the ‘non-agency’ route.

I will not be able to cover all possible scenarios in this article, so it is more that I wish to flag up the complexities of being a ‘non-agency’ applicant for adoption and clarify when you should seek advice and representation.

By way of an example, Re J, K and L was a case in which I represented the applicants. They were foster carers who wished to adopt three children who had been in their care for many years. The case was ultimately unsuccessful because the court felt the applicants were not the best placement for the children long-term, due to difficulties within the placement that were very particular to that case. Despite that, the case sets out some of the challenges that non-agency applicants will face.

The procedure

Non-agency applicants are usually step-parents or foster carers, and the child must have lived with them for a prescribed time (it varies depending on which category you fit into) before they are allowed to even make the application to adopt. In some circumstances, the court can shorten that time requirement, but that too requires an application to the court.

Applicants must give their own local authority notice of their intention to adopt at least three months before making the application. This must be done in writing, which triggers the LA’s obligation to assess the applicant(s). It’s important to make sure you are sending that notice (which can just be an email) to the right place, so it’s a good idea to check that.

The LA must see the child in the placement and prepare a report on the suitability of the applicant to adopt a child (often referred to as an Annex A report). Bear in mind this applies to step-parents as well as foster carers. The report is sent to the court, not to the applicants (although they should see the part that applies to them). 

It’s also important to remember that birth parents are automatically respondents to these applications and can oppose them.

Applying to adopt without the local authority’s support: Seeking legal advice

The real difficulties arise where the Annex A report is not positive, or where the LA says they do not support the making of the adoption order, even when the report is positive.

At that point, it is very important to take legal advice because these proceedings can be very tricky.

For example, if you challenge the conclusions of the Annex A report (without seeing it), we need to get the report for you to read, put together evidence to refute the conclusions, and consider whether someone independent should prepare another assessment.

We will need to ensure that the LA cannot remove the children from your care in the meantime (if you are a foster carer) by asking for their formal agreement not to or applying for an injunction to prevent them from being able to.

The evidence we need to gather will depend on the reasons why the LA are opposing the adoption, for example, do they think the children should not be adopted at all, or should they be adopted by someone else? Do they have concerns about your care of the children or your ability to support the children’s relationship with their birth family? Do they think an alternative order would provide sufficient protection for the children in your care? All of these scenarios require a different response.

These proceedings can be difficult, time-consuming, and expensive, and it is essential that you speak to a solicitor who really understands adoption law.

If you’d like legal advice about this topic, head to our website to find out how I can help.

Head to the homepage to read more articles about the legal aspects of adoption

It’s a short article this month, but an important one. I represent prospective adopters in adoption proceedings all the time, all over the country. I also represent adopters in contact applications and other proceedings, but for this article, we are talking about adoption proceedings.

To begin adoption proceedings, an application has to be submitted for an adoption order. The prospective adopters are the applicants. Often, the child’s local authority (LA) supports the adopters in making the application, but they are not the applicants.

Once an application is made, the court makes some orders to make sure all of the information it needs to make a decision is available. It usually directs the LA to prepare a report on the suitability of the prospective adopters to adopt the child (called an Annex A report), and it directs the LA to inform the birth parents about the application. The order making these directions is often only sent to the LA, despite it being the prospective adopters’ application.

I have no doubt that some LAs are great at sharing information with prospective adopters, but in my experience, many are not. Sometimes the adopters do not know much about their own application as it proceeds in the court.

Perhaps this doesn’t matter. Most adopters have a lot going on, and if an LA will proactively progress the application and engage with the court, maybe that’s ok. But again, some are not proactive, and some do not meet deadlines so the proceedings become a bit more drawn out.

If adopters do not know what is expected and when, how do they know if delays are happening or are reasonable?

Legal representation in adoption proceedings

I often get involved when the proceedings are contested – when birth families wish to have permission from the court to oppose the application (read my article Legal Delays in the Adoption Process to find out more about this). I am usually consulted by adopters or by their adoption agency on their behalf. Sometimes I am asked by LAs to advise adopters.

At the stage at which I become involved, I will ask for copies of the documents – the application that was submitted, the orders that have been made and so on – and the thing that constantly surprises me is how many LAs still tell me I am not entitled to those documents. They are wrong.

When birth families make an application to oppose the adoption order, they make that application within the adoption proceedings. It is not a new freestanding application. When this happens, the birth family have to file evidence in support of their application, and yes, adopters are entitled to that too.

Entitlement to see the court documents

And really, that’s the point of this article. If you are an adopter, remember it is YOUR application, and you are entitled to ALL the documents.

There is one caveat, which is the Annex A report. If the court direction was for the Annex A to only be provided to the court, then the LA/adopters need to ask permission to receive a copy. That application should be granted, even if some information needs to be redacted.

I had one case where a senior LA lawyer repeatedly told me my clients were not even party to the adoption proceedings (that they had started). Thankfully, that was an exception, but it was very frustrating and hard to understand, especially as it increased costs and delays.

In adoption proceedings that go without a hitch, it may not be important to have all the documents. But when there are problems – delays or applications by birth families – it is essential that professionals understand adopters are entitled to the court bundle.

Adopters are often told they don’t need to attend the court hearings. It may be correct that they do not need to, but if they want to, they are entitled to. Most Judges will make arrangements for adopters to attend remotely, with no names visible and cameras off, so they can stay anonymous but still participate. I do have experience of adopters being told they cannot attend, and this is not correct.

I am always happy to be contacted by adopters who want advice on any of these issues.

Head to the adoption section to read Emily’s articles about delays in legal proceedings and other aspects of the adoption process.