Getting started – Working with birth relatives (for adoptions before 30 Dec 2005)

Basic requirements

The enquiry

Providing an intermediary service for birth relatives

The meeting and consultation with a birth relative

Basic requirements

The following should be in place to ensure quality service is provided:

All staff

Access to:

• Legislation, Regulations and Guidance
• National Minimum Standards
• Agency Statement of Purpose
• Agency Policies and Procedures including Equal Opportunity statement
• Adoption: Access to Information and Intermediary Services A Practice Guide (UEA/CRCF)

For managers

• Participation in the design and delivery of services at a strategic level
• An understanding of referral prioritisation in accordance with Regulations and Guidance
• Resources to provide a quality service compliant with Regulations and National Minimum Standards
• Systems to enable statistical information to be gathered, analysed and disseminated
• Suitably qualified and experienced staff
• Access to advice and consultancy
• Access to professional development including training
• Knowledge of local, regional and national resources including information produced by agencies such as Family Rights Group’s birth parent map
• Knowledge of Health and Safety issues and procedures

For staff

• Supervision and support
• Administrative support including retrieval and archiving records
• Access to professional development including training; participation in regional network groups, such as South East Post Adoption Network (SEPAN), Adopted Adults Professional Group (AAPG)
• Access to an ethical/practice advisory panel.
• Knowledge of local, regional and national resources including information produced by agencies such as Family Connect Website
• Knowledge of Health and Safety issues and procedures

For birth relatives

• Written information about services and resources
• Information about other agencies including support groups
• Opportunities to link with individuals in the same situation
• Opportunities to comment on the service received at various stages
• Information about making a complaint
• Information about confidentiality Policy issues

The enquiry

Initial enquiries require a sensitive, informed and efficient response suited to the needs of birth relatives. Staff dealing with initial enquiries need to have adequate training, preparation, support and access to resources, e.g. translation services.

A framework needs to be in place for receiving and gathering information, some of which is necessary for statistical and monitoring purposes.

The response to birth relatives should be:

• Prompt, welcoming and without prejudice
• Respectful of ethnic origin, religion, culture, language, sexuality and gender
• Informed by a person’s experience and understanding of adoption
• Informed by written policies and procedures for those with physical, sensory or learning impairments, communication difficulties or for whom English is not a first language
• Inclusive of arrangements for feedback at various stages in the process

Information for birth relatives should include:

• Whether they are approaching the appropriate adoption agency, the services the agency can offer and their availability
• Whether the agency can offer a full range of services?
• Signposting to alternative or complementary services, organisations and agencies as appropriate
• Ways in which agencies work together, e.g. Regional Adoption Agencies, Local Authorities, Adoption Support Agencies and Voluntary Adoption Agencies
• Next steps if an appointment is given including information about the purpose of the appointment, whether there is a waiting list, and if so, how long; confirmation of arrangements and the address to which this should be sent; contact details of staff member to be seen; directions; requirement to bring identification, proof of relationship and in what form
• Confidentiality policies
• Rights to make representations and complaints
• Any fee charged or other financial matters to consider

The agency should ensure:

• Referral information is kept on all enquiries
• Information about enquiries is collated for statistical purposes
• Enquiries are linked with existing records, if appropriate
• Necessary leaflets or other documentation and links to relevant websites are made available to the birth relative
• Birth relatives are seen in a suitable environment by staff with the necessary training, qualifications, experience, and DBS checks
• Policies and guidance are available to staff including recording and access to records
• Procedures are in place for tracking documentation moving between agencies to ensure safe transit and record receipt

Providing intermediary services for birth relatives

Preliminary meeting with birth relatives

Before progressing the enquiry, check and explain any relevant points of the following:

• The birth relative’s identity and relationship to the adopted person
• When the adoption order was made. Priority to be given to birth relatives where the adoption order was made before 12^th November 1975, unless there are extenuating circumstances
• That the birth relative and adopted person are both 18 years and over
• The view of the Appropriate Adoption Agency (AAA) regarding the provision of an intermediary service
• That a veto may have been registered by the adopted person. An intermediary service cannot proceed if an absolute veto is in place. A qualified veto prescribes the circumstances in which contact can be made. See 4.4.2 Practice Guide 2025.
• Must have regard to the welfare of all parties. See the details in the regulations.
• That an account has to be taken of a registered wish for no contact on the Adoption Contact Register and on the agency’s adoption record
• Whether your agency will undertake the search or commission another agency to do so
• Whether there will be a charge and if so your agency’s invoicing arrangements

The meeting and consultation with a birth relative

Every consultation meeting will be unique and different depending on the needs, personal circumstances and amount of information the birth relative already has and the outcome they are seeking. The purpose and content of the interview may vary depending on the type of enquiry and whether the person has been known to the agency previously, for example, whether the birth relative knows the name of the AAA and has sought help from an intermediary agency. The variation will mean that not all the following will be relevant.

Preparation for the interview

Check that:

• The birth relative is over the age of 18 years
• You have read any information held on your agency’s adoption record about the birth relative
• Consideration has been given to any disability, racial, cultural, religious and language needs
• The birth relative has received information about the identification that needs to be shown before the meeting
• The birth relative needs to provide birth and marriage certificates etc to prove the relationship with the adopted adult being sought
• Written and web information has been organised ready to be given at the meeting
• You are familiar with the layout of the building and where toilets and fire exits are, refreshment facilities, areas where people can smoke?
• A meeting room has been identified as appropriate and comfortable with paper tissues available
• Issues of personal safety and protection both in office-based meetings or if a home visit is considered to a birth relative not previously known to the agency
• You have considered the areas to be covered in the consultation meeting and anticipated any sensitive issues that might arise
•  Consider how you will undertake a risk assessment in relation to the birth relative (applicant) and the adopted adult (subject
• You are ready to advise the birth relative about personal support they might need

The meeting process

• At the start of the consultation meeting try and ensure if possible that the birth relative feels at ease
• Explain about the confidentiality and privacy issues involved and consent to contact or no contact from the adopted person
• Be aware and sensitive to the powerful emotions and feelings that might be evoked in the birth relative and/or you
• Check the identification that the birth relative has brought to the interview
• Acknowledge the historical, social and the changed legal context of adoption
• Explain your role as an adoption advisor/worker and relevant services offered by the agency
• Explain complaints procedures
• Explore the reasons and timing for applying to have information about the adopted person
• Ascertain the information that the birth relative might already have about the adopted person, the circumstances of the adoption as recalled by the birth relative and how they have coped with the adoption over time
• Explore the birth relative’s life history since the adoption of the child, current family circumstances, including marital status, details of any other children and occupation and the support networks of the birth relative, including the knowledge, attitudes and feelings of other birth family members about the adoption and current enquiry and possible impact on them
• Explore the birth relative’s expectations of contact and the p.ossible outcomes
• Enable and encourage the birth relative to ask relevant questions
• Support the birth relative with the feelings and emotions that might be evoked
• Do not make assumptions about what the birth relative expects from the adopted person
• Inform about the registration of absolute and qualified vetoes by the adopted person
• Inform them of the Adoption Contact Register and possible registration of wish for or no wish for contact
• Inform them of the closed NORCAP’s Contact Register and that this register is now held at PAC-UK advice@pac-uk.org  Although the contents are no longer updated it may hold useful information about whether the relative being sought had placed their name and contact details on this register
• Give written and web information relevant to the birth relative
• Clarify and explain to the birth relative any further actions and who will carry them out

Following from the meeting as appropriate

• Record the content of the consultation meeting (See appendix 5 PG 2025)
• Follow the action agreed to be taken
• Liaise with the appropriate adoption agency

Contacting the GRO for information

This should happen when:

• The Agency that arranged the adoption needs to be identified
• If this is not clear to the Intermediary agency, it may be identified through an application to the court where the adoption order was made. The Registrar General can advise the Intermediary Agency of the details of the court that made the order.
• It is necessary to establish whether the adopted person has registered a wish for contact or no contact on the Adoption Contact Register,

It may be necessary to contact the GRO to apply for the necessary information from the Adopted Children’s Register in order that a copy of the adoption certificate can be obtained. This is usually limited to the name of the person after adoption, name and address of adoptive parents and usually the occupation of the adoptive father. This may be the only information the Intermediary Agency has if the adoption record cannot be located within the AAA or from any other source.

Contacting the court for information

This should happen when:

• The GRO is unable to supply the name of the appropriate adoption agency.
• The form to obtain the name of the agency that arranged the adoption has been supplied by the GRO
• Additionally, if it appears that it was a private adoption and there is no adoption agency record available, application can be made to the court for access to other information held by the court. Application is made under 1984 court rules either Magistrates Court Rules 32(5) &(6) or the Adoption Rules 53(4) for cases heard in the County or High Courts.

Approaching the Adopted Person

Before doing this consider:

• Ensure the AAA has been approached for their view and whether or not the adopted person has registered a veto
• Has the birth relative received sufficient information and preparation for possible outcomes?
• Is there clarity and agreement regarding information to be shared? In exceptional circumstances the agency may decline to take an enquiry forward if the birth relative is unable to consent to sharing information considered essential to enable the adopted person to make an informed decision.
• Whether all decisions and agreements reached between the birth relative and the intermediary have been clearly recorded.
• The welfare of the adopted person and his or her adoptive family – particularly in relation to family members under 18 years of age. Link to relevant section in the PG.
• That the adopted person needs to decide whether to respond to the birth relative’s request for information or contact.

There may be situations where it is considered appropriate to involve their adoptive parents, particularly where there are concerns over the capacity or mental health of the adopted person’

Avoiding the arrival of letters at weekends, public holidays and other significant dates

• The availability of the intermediary when the letter is received
• The amount of information to be shared during the initial contact and how this will be shared
• Sometimes other forms of introductory communication e.g. email, Facebook etc-are used when appropriate

Once contact has been made

Has the Adopted Person:

• Received information about Adoption Support Services with particular reference to the role of the intermediary?
• Received information about how they can access information from adoption records?
• Been offered a consultation meeting, support, information and advice as appropriate?
• Received explanation that the intermediary is only able to provide information the birth relative has authorised them to give?
• Had enough time and support to make an informed response to the birth relative’s enquiry?
• Received explanation about the ways a wish for contact or no contact could be progressed?
• Reached a decision about any information, if any, that can be shared, and whether this will be direct or via the intermediary?
• Received information about registering a veto

If contact is desired

Have the parties been given:

• Options and choices for taking contact forward including exchanging emails, letters, photographs, phone calls, text messaging and meeting face-to-face?
• An explanation of the role of the intermediary and the services that can be offered.
• Information about ‘reunions’ and the different outcomes these can have in the short, medium and longer term?
• Information about local support groups and networks and other agencies that can offer help, advice and support if appropriate
• The opportunity to meet others who have had similar experiences.

If contact with the Birth Relative is refused by the Adopted Person

Consider:

• The reasons for this and how they may be received by the birth relative
• Whether the adopted person is willing to write to the birth relative explaining their reasons
• Whether key questions the birth relative has can be answered
• Whether an exchange of photographs is acceptable/possible
• Providing information for the adopted person on how to contact the agency if they wish to reconsider any issue relating to this in the future
• What ongoing services can your agency offer the birth relative and any charges that may be incurred.
• Inform the adopted person about registering a veto and the Adoption Contact Register

Complex situations

Consider the range of possible outcomes and situations such as:

• The adopted person is unaware of their adoptive status
• The adopted person has died or is very ill
• Complexities associated with one or both parties such as mental health problems, a history of violence, drug and alcohol dependency, imprisonment, experience of abuse, gender reassignment
• Issues that arise as a result of a risk assessment in relation to any party
• Some information on the adoption record is proved incorrect, for example regarding paternity, or reasons for placement
• Genetic sexual attraction
• What support can the agency offer, by whom and for how long?
• When to refer to another agency and what is the procedure for this?
• What systems are in place to enable staff to consult line managers, colleagues, and receive supervision and expert advice? Recording the Consultation Meeting with the Birth Relative

The necessity to maintain accurate and clear records cannot and should not be underestimated. It is a way of accounting for the service that is being and has been provided and the decisions that have been made in any particular case. Also it evidences the work you have done. However, it is also a way of recording the events that show how the case has unfolded. It is important to record the meeting in a succinct, factual and non-judgmental way.

Agencies may have their own guidance or pro-forma about how best to record a case. However, it might be helpful to consider the following when recording a consultation meeting with a birth relative:

• Reason for contact/enquiry: the reason for the enquiry and what the birth relative hopes to achieve? Why have they contacted the agency? Has any particular event spurred them on at this time?
• Current circumstances: What information about adoption do they have? What is their relationship to the adopted person? If they are a sibling or other relative, is/are the birth parent(s) aware of their enquiry? What is their employment and marital status? Do they have any disabilities? Do they have children? What is their network for support? Who else is aware of their enquiry?
• The circumstances of the adoption: what the birth relative recalls? What have they been told if not the birth parent? Is there new or different information from what is held on the adoption record that should be recorded? Are there any factual errors? How they have coped with the adoption? How openly is the adoption discussed?
• The impact of the enquiry: How will it affect their family? What insight and understanding do they have of the effects this may have on the adopted person and his or her adoptive family? Are there any circumstances that would deter the birth relative from pursuing contact with the adopted person?
• Action taken: Has a risk assessment been undertaken if agency policy to do so? What information was given at this interview? What was discussed, what other information was given about support from other agencies? What information was given and agreements about fees and costs? Have their contact details been clearly recorded, including any constraints on when and how contact can be made?
• Future plans: What other work needs to be done and what was agreed with the birth relative? To what extent will other services/agencies be involved?