The Transparency Project and Adoption Targets
The Transparency Project have today produced a blog English councils confirm they set targets for the number of children to be adopted
. That in itself is not news. Councils have prioritised adoption for many many years. What is new is that they recognise that when I say rather than being used to get children out of the care system, such ‘targets’ instead risk impacting on decision making at the stage where people are deciding if children should enter the care system i.e. when a decision is made to apply to the courts for a care order, and whether they should be adopted as opposed to some other care arrangement being chosen.
I may be right.
I would like to thank them for this. BASW warned that the effect of adoption targets would be to stop children being with their birth families. That warning was ignored by government. I have seen a number of cases where local authorities have delayed telling pregnant mothers of their intentions until after the date for a legal termination. Many mothers have decided they prefer a termination to care proceedings. I have even had a case referred to me where a woman with learning difficulties was reportedly encouraged to get pregnant. The local authority, of course, would plan for her child to be adopted.
There is, however, a bit of confusion on their blog about the issue of adoption of babies. Many of the children taken into care compulsorily spend some time in care. Hence if a baby is removed in care proceedings it is likely that the baby will be over 1 before being adopted. I ask the government to produce figures on movements in and out of care. In this case it also includes Section 20 although ideally I would exclude S20.
In the year to March 31st 2016 90 children looked after aged under 1 ceased to be looked after through an unopposed adoption. 80 children aged under 1 ceased through an opposed adoption. One would assume that the 90 are babies essentially voluntarily given up by their mothers. It is statistically the right order of magnitude. However, even including S20 5,530 children aged 1-4 ceased to be looked after. Of those 1,650 were adopted without opposition and 1,660 were forced adoptions (consent dispensed with). 810 returned home to live with parents or relatives of which 670 returned to their parents). 1,170 had either SGOs or residency orders.
That, of course, is a very high percentage for the traditional measure of "permanence" (81%) and about 60% to adoption. I would congratulate the transparency project on finding the national adoption percentage performance management framework. I didn't find that myself although I didn't try that hard as it was obvious what was going on given the ministerial letters etc. I obtained the detailed records for Merton because I put that to the Supreme Court who refused permission to appeal (on a case involving a Latvian mother) arguing that independent experts were not necessary.
Interestingly the new performance management look at the proportion adopted as a proportion of those ceasing to be looked after. That, of course, includes:
a) Children in care under S20
b) Teenagers whose parents cannot cope with them
c) Teenagers who become 18.
Hence the percentages look lowish, but are misleading. If I had the energy I would try to get the department to sub analyse the information they have sent me separating out S20 from children in care. In terms of definitions children "in care" are those who are compulsorily in care. When you add those on S20 to those in care you get children "looked after". However, I have other things to do, the department are difficult about FOI requests and it does not make any material difference although it does improve the accuracy of the information
Teresa Kirk - a question for the Official Solicitor
There is no sense me sending this question to the Official Solicitor himself because his view is that he is not accountable to anyone other than the secret courts. The question is why did his representative on behalf of MM (the protected person) argue that Teresa Kirk should be kept in prison?
If people remember the case of the Italian woman forced to have a C section when she visited the UK, there the Official Solicitor was acting and did not really defend her against the forced medical treatment - which various expert commentators at the time the judgment was published decided was unnecessary. There is also the case of Lee Gilliland who was evicted from his house without notice because the OS was appointed to represent him and did not tell him what had happened. Obviously the RP case where RP's case was conceded against her by the Official Solicitor on the papers without a hearing is another example of something where questions need to be answered.
There is also the question of who pays what for the operation of his office. Obviously he is making some form of charge to the estates of protected people where they have assets. Who monitors those charges?
17e Assises nationales des avocats d’enfants
is a link to the agenda of the 17th national conference of French family lawyers. Here is part of the agenda:
Vendredi 4 novembre 2016
9 h – Accueil
9 h 30 à 12 h 45
Jean-Marc ANDRE, bâtonnier Versailles
Dominique ATTIAS, vice-bâtonnier Paris, présidente groupe de travail mineurs du CNB
Geneviève AVENARD, défenseure des enfants auprès du défenseur des droits (sous réserve)
Les maîtres du temps : Martine PERON et Josiane OLEOTTO-GUEY
30 ans d’application de la CIDE par les pays européens : Renate WINTER, vice-présidente du Comité des droits de l’enfant de l’ONU, ex-présidente du tribunal spécial pour la Sierra Leone et juge internationale au Kosovo
Angleterre : John HEMMING, ancien député, avec Florence BELLONE, correspondante RTBF au Royaume-Uni
Suède : Ruby HARROLD-CLAESSON, avocate, présidente du Comité nordique des droits humains
It is interesting how lawyers across Europe are unhappy with what is being done in England (and Wales). There is also a group of Portuguese lawyers who are building up steam to challenge the system. Renate Winter's speech was interesting particularly given her long experience as a judge and on the Childrens Rights committee of the UN. There is also a meeting scheduled at the end of the month in Estonia looking moreso at issues relating to Norway.
This organisation in France is equivalent to Resolution in England. However, Resolution do not appear to wish to invite people to speak who are critical of how the system works (well they have never asked me to speak unlike the French and a Polish event in September.)