https://childprotectionresource.online/forced-adoption/Forced Adoption
Here we look at the concept of ‘forced adoption’
I am a passionate believer in the value of adoption in appropriate circumstances. But I fear that, in making all those orders, I never gave much attention to the emotional repercussions of them. In particular, I fear that I failed fully to appreciate that an adoption order is not just a necessary arrangement for the upbringing of some children the order is an act of surgery which cuts deep into the hearts and minds of at least four people and will affect them, to a greater or lesser extent, every day of their lives.
Lord Wilson Denning Society Lecture 13th November 2014
‘Forced adoption’ is a phrase we often hear used by people like Ian Josephs and the former MP John Hemming. We have provided links to their sites under their names but we hope that if you visit their sites, you will also stay here and read what we have to say. See this post for a discussion of the case law which judges have to consider before agreeing to any care plan for adoption. See this post for a general discussion of the law around adoption and placement orders.
The debate begins
The historical development of adoption in England and Wales
Adoption is the means by which a child’s legal relationship with his birth parents is eliminated and the child becomes a legal member of a new family. The adoption did not become law in England and Wales until the Adoption Act 1926; sometime after the USA, Australia and Canada. Many babies born out of marriage in the Victorian era were ‘farmed out’ or placed with married couples who would pretend the baby was their own. There were increasing concerns about the lack of regulation of this private adoption industry which led to statutory intervention. Under the Local Government Act 1929, local authorities (LA) were given powers to remove children from parents, if the LA decided they could not care for them. See this post from the Guardian giving a timeline of the history of child protection. In 1968, 25,000 adoption orders were made, reflecting a society where illegitimacy was still stigmatised, birth control less reliable and welfare benefits less accessible. In 2014 only about 5000 adoption orders were made. Adoptions now rarely involve babies.
As the President of the Family Division commented at para 15 in the case of N (Children) (Adoption: Jurisdiction) [2015]:
"It is important to acknowledge, however, that, whatever the legal theory, the practice has changed dramatically over the 89 years we have had adoption in England. Non- consensual adoption used to be rare, but the position has changed radically. Initially, the courts took a very narrow view indeed of the final limb of section 2(3) of the 1926 Act: see Re JM Caroll [1931] 1 KB 317 and contrast H v H [1947] KB 463. Much more important, the entire focus of adoption has changed dramatically in recent decades. Until the late 1960s, the typical adoption was of an illegitimate child born to a single mother who, however reluctantly, consented to the adoption of her child. Non-consensual adoption was comparatively rare. A combination of dramatic changes in the 1960s the ready availability of the contraceptive pill, the legalisation of abortion, the relaxation of the divorce laws, and a sea-change in society’s attitudes to illegitimacy led to a drastic reduction in the number of adoptions of the traditional type. The result of various changes in the system of public childcare, culminating in the implementation in October 1991 of the 1989 Act, has led in recent decades to a correspondingly dramatic increase in the number of non-consensual adoptions. The typical adoption today is of a child who has been made the subject of a care order under the 1989 Act and where parental consent has been dispensed with in accordance with section 52(1)(b) of the 2002 Act."
The often highly polarised debate about ‘forced adoption’ and what this means for child protection work, gained increased traction around 2007 and became the focus of renewed attention towards the end of 2013. This followed discussion of Alessandra Pacchieri (the ‘forced caesarean case’ ) and media interest in reports of parents wrongly suspected of abusing their children who were actually suffering from various medical conditions. You can read comments on Ms. Pacchieri’s case and the judgment here. The court made an adoption order in relation to her child in April 2014. The case is here. For an explanation of what sparked John Hemming’s interest in the child protection system, see ‘Hemming’s Way’ the article by Jonathan Gornall in 2007.
The Conspiracy Theory and allegations of systemic corruption
However, despite the enormous reduction in adoption orders over 40 years, the debate about the entire concept of adoption continues to grow. There have been serious concerns about the child protection system for many years. Those unhappy with the UK’s approach to ‘forced adoption’ raised their concerns in November 2014 with the European Parliament’s Petition Committee. In fact, it was this 2013 ‘forced adoption’ debate that encouraged us to set up this resource as we were concerned that a lot of justifiable criticism about the system was getting lost or taken over by those who wanted to believe the more extreme ‘conspiracy theories’ i.e. that the entire system was corrupt and that social workers are paid bonuses to snatch babies from loving homes. For a sad example of the damage that can be done to a parent’s chances of keeping their family together, by a ‘siege mentality’ and belief that concerns about their parenting are fuelled by a conspiracy, see Hertfordshire County Council v F & Others [2014] EWHC 2159. We have attempted to debunk some of the more specific myths here and in particular the frequently made assertion that adoption targets exist to take babies away, rather than to promote finding adoptive families for children who have already been through care proceedings and don’t have a permanent home. People who are unhappy with the current child protection system often refer to it as a system of ‘forced adoption’ which is almost unique in Europe. However, this assertion is not supported by the 2015 Report by the Committee on Social Affairs, Health and Sustainable Development from the Council of Europe which notes that adoptions without parental consent are possible in Andorra, Croatia, Estonia, Georgia, Germany, Hungary, Italy, Montenegro, Norway, Poland, Slovenia, Sweden and Turkey. A further 7 countries permit adoption without parental consent in ‘rare’ circumstances. See further, this post from the Transparency Project. See also this post from Claire Fenton-Glynn confirming that EVERY European country has a mechanism to provide for adoption without parental consent. They say that children are taken from parents for no good reason in order to meet LA’s ‘adoption targets’ set by various Governments and this is shown by the increased numbers of children being taken into care. It is further alleged that family courts are secret and people who try to speak out will be sent to prison. Parents aren’t allowed to see the evidence against them and lawyers, experts and Judges are all in each other’s pockets and just rubber-stamp the decisions made by the LA and social workers. There are many online groups for parents who are convinced that their children were removed on the basis of deliberate lies. The view expressed here is typical:
"UK Social Services/CAFCASS are the most prolific and serious perpetrators of Domestic Violence in the country. UK Family Law Courts a close second. One day, history lessons will describe the horrific details of what is happening to families all across the country. The descendants of those who have perpetrated this abuse, will be ashamed of their ancestors and try to distance themselves from them."
Worries about social work practice come from a variety of sources. Colin Brewer wrote in the Spectator in the aftermath of the Rotherham child sex abuse scandal:
"The Rotherham report suggests, as June and I suggested 34 years ago, that social workers excel at empathy but lack the ability to carry out ‘coherently planned action’. Social work with troubled teenagers is doubtless even more challenging today than it was in the 1980s, yet the report’s conclusions reveal many of the unhelpful institutional and ideological features that we identified are still with us. It seems these were not just individual failures, occasional and regrettable exceptions in a generally efficient professional culture, but a persistent feature of a profession that emphasises doing good rather than doing it efficiently. This happens despite the fact that social workers have relatively modest caseloads, especially compared with doctors."
These are not fanciful concerns. We should all be interested in the state of our child protection services. However, while we accept that sadly there have been serious examples of injustice we don’t accept that this is a result of deliberate corruption within the system itself, or chasing after ‘adoption targets’. What is clear is that a growing number of people DO believe exactly that. We need to understand why and what we can do about it.
Adoption Targets: How did this belief take hold? do they exist, and what impact do they have?
In 2000, the government introduced a national target to increase the number of children adopted from care by at least 40% between 1999-2000 and 2004-5. Tony Blair had been horrified by the numbers of children who remained in care for long periods of time without a permanent home. Therefore, these were not targets to take children from their homes in order to get them adopted but a well-intentioned attempt to help children who were already in the care system and hadn’t been found a permanent home. Claire Fenton-Glynn describes the situation in her study on the UK system, presented to the European Parliament in June 2015:
"The Prime Minister’s Review of Adoption in 2000 put forward the belief that the system was not delivering the best for children, as decisions about how to provide a secure, stable, and permanent family were not addressed early enough. As such, it advocated an increase in the use of adoption to provide children with permanency at an earlier stage. The Review gave the opinion that there was too great a focus on rehabilitation with the birth family, at the expense of the child’s welfare. It emphasised that the first choice should always be a return to the birth family, but where this was clearly not an option, adoption should be seen as a key means of providing permanence. Foster care, on the other hand, was viewed as a transitional measure, which should be used only as a temporary option. Following on from this, the government produced a White Paper entitled Adoption: A New Approach, which outlined the government’s plan to promote the wider use of adoption for looked after children, establishing the target of increasing adoption by 40-50 percent by 2004-2005.39 The White Paper also announced that the government would require local authorities to make a plan for permanence returning home, placement for adoption, or special guardianship40 for a child within 6 months of being continuously looked after. It was in this context that the Adoption and Children Act 2002 was introduced, with the explicit aim of promoting the greater use of adoption. The Act changed the process of adoption itself, by making the welfare of the child the paramount consideration for courts and adoption agencies in all decisions relating to adoption, including in deciding whether to dispense with the birth parents’ consent to the adoption."
The Government’s official position about targets to get children taken into care is clear: they don’t exist. Matthew Dalby of the Ministerial and Public Communications Division of the Department of Education said in October 2014, in response to an email from a parent:
"I must explain that there are no targets on the number of children in care. In fact, the law is clear in that children should live with their parents wherever possible and that families should be given extra support to help keep them together. In most cases, support from the local authority (LA) enables concerns to be addressed and children to remain with their families."
The Transparency Project responded in September 2015 to John Hemming’s assertion that the London Borough of Merton has ‘targets’ to take children from their birth families. There are certainly concerns that ‘key performance indicators’ promoting adoption could risk impacting on the integrity of decision making for individual children. This was analysed in more detail after receiving responses to FOI requests to councils in England and Wales see the report of the Transparency Project in November 2016. Some of the responses raised concern that reliance on ‘adoption targets’ by some councils in England, could lead decisions being made about children to meet targets, rather than promote their welfare.