Chapter 8: Post-Adoption Contact
254. The Adoption and Children Act 2002 sought
to address issues of contact in recognition of the fact children
were much older at adoption than had previously been the case,
and therefore were more likely to have established links to their
birth families. Sections 26 and 27 of the Act place a duty on
the court to consider contact arrangements for birth families
and their children when making a placement order; section 46 (6)
comprises a duty to consider such arrangements when an adoption
order is made. The intention is for contact arrangements to be
agreed by the parties. If agreement is not possible, an application
can be made to the court for a contact order; it is unusual for
the court to make such an order, especially against the wishes
of adoptive parents.
255. Contact arrangements with birth parents
are usually indirect rather than face-to-face.[269]
Many families participate in 'letter-box contact', once or twice
a year, which involves exchanging information between the adoptive
family and the birth parents. This contact is usually facilitated
by the adoption agency to protect the identity and location of
the adoptive family. Direct contact with birth parents is rare;
it occurs more often with siblings[270].
256. The evidence we received did not suggest
that change was required to the legislative framework. As with
much of the Adoption and Children Act 2002 witnesses had concerns
in relation to practice, but not in relation to the legislation.
The principal concern was about understanding the purpose of contact.
Sue Berelowitz, the Deputy Children's Commissioner, told us that
decisions about contact needed "to be based on what is right
for this individual child, rather than blanket decisions being
made that this is always the right thing to do."[271]
257. It was important to remember that contact
should be for the benefit of the child, not for the parents or
other relatives.[272]
The reasons why a child might benefit from contact were spelled
out in evidence from After Adoption: "it is not about maintenance
of the relationships as they were with the birth family . . .
what [children] like is to have some continuity that enables them
to integrate the past with the present, and obviously then the
future. I think contact can play a very useful role for the child
in helping them understand their world and their life history."[273]
258. Helen Oakwater described the role that facilitated
contact could play in assisting a child to "integrate their
past, allowing them to form a coherent narrative and more robust
sense of self."[274]
Life-story work, the practice of sharing with a child, in an age-appropriate
manner, the reasons why they were adopted, was considered another
important part of creating that narrative. It could also help
to manage children's expectations of contact.[275]
259. The role and impact of social media in making
unauthorised contact possible, whether initiated by the birth
family or the child, was mentioned in several submissions. There
was concern about the potential for such contact to "jeopardise
the security of the placement."[276]
BAAF reported that there were many cases where this had "severely
disrupted existing placements, caused profound upset and disturbance
and put children at risk."[277]
There was, however, general agreement that legislation did not
provide a suitable remedy. It was suggested that this was most
effectively dealt with by communication and openness between adoptive
parents and their children.[278]
260. Practice in relation to post-adoption
contact with birth family members varies considerably. We are
concerned that the purpose of such contact may not be fully understood
when arrangements are made. Post-adoption contact should be considered
only in relation to the needs and best interests of the child,
with no presumption for or against allowing contact.
Government proposals on post-adoption
contact
261. The Government published a consultation
on post-adoption contact in August 2012. In the consultation document,
Sir Martin Narey commented that "although it is invariably
well intentioned, contact harms children too often."[279]One
of the options put forward in the document was a presumption of
no contact post-adoption. In his written evidence to us Sir Martin
suggested that the notion that adopted children belong to another
family with whom contact must be maintained was disconcerting
and hurtful to adoptive parents and off-putting to potential adopters.[280]
262. Clause 8 of the Children and Families Bill
would insert new sections into the 2002 Act, which provide for
the making of contact orders. These orders would be made at, or
after, the adoption order stage. The clause contains provision
to prohibit contact with a named individual where there is a risk
of contact disrupting the stability of the placement.
263. We have received no evidence in relation
to these clauses since they were published after our evidence
hearings were completed.
Contact with siblings
264. Contact with siblings was extremely important
to the children we met for an informal discussion. The children
were very keen to maintain links:
"Before you go into care that's all you've
got and you comfort each other when things are bad. You can support
each other because you're going through the same things and you
understand."[281]
"It's hard when you're separated from a
brother or sister because when contact is rare you stop getting
to know each other."[282]
265. Lack of contact, or infrequent contact,
was a source of frustration for many children. In some cases contact
had been lost entirely and children felt this loss very keenly.
"My sisters are being adopted and I don't
have contact with them. They don't have their Mum and Dad and
now they don't have me or my brother."[283]
266. We were told that, for many children, the
loss of a sibling could be "a more painful bereavement than
that of parents."[284]
The purpose of maintaining sibling contact is of course different
to that of contact with birth parents—it is about the maintenance
of relationships, and that is where direct contact is most appropriate.
267. Given the importance of sibling relationships
to many adopted children, we would be concerned if the new clause
on post-adoption contact in the Children and Families Bill presented
a barrier to maintaining such contacts. Arguments in favour of
contact with siblings are often made by the birth parents as respondents
to the adoption application. Under the new clause, parents would
need to seek leave to make a contact application, as would siblings,[285]
but the ability of the latter to do so may be constrained in practice.
We sincerely hope that the new provision on obtaining leave to
make an application for contact do not limit the potential for
sibling contact to be considered by the court, when it is desired,
and deemed to be in the child's best interests.
268. The burden of maintaining contact with siblings
falls to adoptive parents and this can present challenges. After
Adoption told us that once siblings are brought together "some
of their behaviour can be very challenging and difficult to manage,
and some adoptive families find it very, very difficult to come
back from that and resume normal family life."[286]
HH Judge Hindley conceded that making arrangements for sibling
contact was a challenge but she pointed to the importance of maintaining
the sibling relationship "because one's siblings are the
longest relationships one has in life."[287]
269. The maintenance of sibling contact, especially
where children have lived together, is extremely important to
some adopted children. Adoptive parents should be supported and
encouraged by the courts and adoption agencies to maintain contact
arrangements with siblings, when the child desires it, and provided
it is in the child's best interests. It would be highly regrettable
if the new provisions on contact in clause 8 of the Children and
Families Bill presented additional barriers to achieving sibling
contact.
269 BAAF, written evidence Back
270
ibid. Back
271
Q 547 Back
272
Q 750 Back
273
Q 448 Back
274
Helen Oakwater, written evidence Back
275
ibid. Back
276
Birmingham City Council's Adoption Service, written evidence Back
277
BAAF, written evidence Back
278
ibid. Back
279
Contact Arrangements for Children: A Call for Views, Department
for Education, August 2012: https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DFE-30011-2012#downloadableparts Back
280
Sir Martin Narey, written evidence Back
281
The views expressed in the discussions with children are summarised
in a report by the Children's Rights Director for England: Improving
Adoption and permanent placements, January 2013: http://www.parliament.uk/business/committees/committees-a-z/lords-select/adoption-legislation-committee/publications/ Back
282
ibid. Back
283
ibid. Back
284
Specialist Fostering, Adoption and Kinship Care Service, Tavistock
and Portman NHS Foundation Trust, written evidence Back
285
Children and Families Bill, clause 8, section 4(c) Back
286
Q 448 Back
287
Q 795 Back
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