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8.5 Court Reports in Adoption

This chapter was added to the manual in February 2022.


Contents

  1. Policy and Purpose
  2. Procedure
  3. Introduction: Persons Responsible for Writing the Report
  4. Part 1 - Information About the Child
  5. Part 2 - Each Natural Parent, Including Where Appropriate, the Father of an Illegitimate Child
  6. Part 3 - Prospective Adopters (prepared by the Family Placement Service)
  7. Part 4 - Actions of the Adoption Agency supplying the report
  8. Part 5 - Generally
  9. Part 6 - Conclusions


1. Policy and Purpose

Policy

The Family Placement Service of Manx Care will complete a report for the Court where an application has been made for an Adoption Order.

Purpose

Reports for court will be prepared in accordance with the requirements of the Adoption Act 1984 and the Adoption Rules 2003.


2. Procedure

Adoption applications must be made by the prospective adopter, and application forms obtained from the Isle of Man Courts of Justice. An Adoption Order can be made where the Court agrees that adoption is in the best interests of the child and parental consent to adoption has been given or dispensed with by the Court. In accordance with Rule 11 (1) of the Adoption Rules 2003 (reports by adoption agency) a Schedule 3 Report will then need to be prepared by the Supervising Social Worker and the child’s Social Worker. The report will need to cover the following:


3. Introduction: Persons Responsible for Writing the Report

For each of the principal author(s) of the report, the following details must be included:

  1. Report prepared by;
  2. Role in relation to this case;
  3. Sections completed in this report;
  4. Qualifications and experience;
  5. Name and address of the Social Care Department/Adoption Agency; and
  6. Case reference number.


4. Part 1 - Information About the Child

Schedule 3 of the Adoption Rules 2003 sets out that the report should include, so far as is practicable, the following information in respect of the child. This part of the report should be prepared by the child’s Social Worker:

  1. Name, sex, date and place of birth and address;
  2. Whether legitimate or illegitimate at birth and, if illegitimate, whether subsequently legitimated;
  3. Nationality (and immigration status where appropriate);
  4. A photograph and physical description;
  5. Personality and social development;
  6. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies);
  7. Details of any wardship proceedings and of any court orders or resolutions relating to parental responsibility in respect of the child or to his/her custody, residence and maintenance;
  8. Details of any brothers and sisters, including dates of birth, arrangements in respect of care and custody and whether any brother or sister is the subject of a parallel application;
  9. Extent of access to members of the child’s natural family and, if the child is illegitimate, his/her father, and in each case the nature of the relationship enjoyed;
  10. If the child has been in the care of the Department, details (including dates) of any placements with foster parents, or other arrangements in respect of the care of the child, including particulars of persons with whom the child has lived with, to include any home observations of the care provided;
  11. Date and circumstances of placement with prospective adopters and, where a Convention adoption is proposed, details of the arrangements which were made for the transfer of the child to the Island and that they were in accordance with regulation 11(10) of the Convention Regulations;
  12. Names, addresses and types of schools attended, with dates, and educational attainments;
  13. Any special needs in relation to the child’s health (whether physical or mental) and his/her emotional and behavioural development and whether a report under section 19 of the Education Act 2001 is in force in respect of him/her;
  14. What, if any, rights to or interest in property or any claim to damages, under the Fatal Accidents Act 1981 or otherwise, the child stands to retain or lose if adopted;
  15. Wishes and feelings of the child in relation to adoption and the application;
  16. Any other relevant information which may assist the court [Attach the Justices Decisions and Reasons for Care Order granted on (insert date)].


5. Part 2 - Each Natural Parent, Including Where Appropriate, the Father of an Illegitimate Child

Mother - prepared by the child’s Social Worker:

  1. Name: Date of birth:
    Place of birth:
    Address:
  2. Marital status and place of marriage (if any);
  3. Past and present relationship (if any) with the other natural parent, including comments on its stability;
  4. Physical description;
  5. Personality;
  6. Religion;
  7. Educational attainments;
  8. Past and present occupations and interests;
  9. So far as available, names and brief details of the personal circumstances of the parents, and any brothers or sisters of the natural parent, with their ages (or ages at death);
  10. Wishes and feelings in relation to adoption and the application, including any wishes in respect of the child’s religious and cultural upbringing;
  11. Reasons why any of the above information is unavailable;
  12. Any other relevant information which might assist the court.

Father - prepared by the child’s Social Worker:

  1. Name:
    Date of birth:
    Place of birth: Address:
  2. Marital status and place of marriage (if any);
  3. Past and present relationship (if any) with the other natural parent, including comments on its stability;
  4. Physical description;
  5. Personality;
  6. Religion;
  7. Educational attainments;
  8. Past and present occupations and interests;
  9. So far as available, names and brief details of the personal circumstances of the parents, and any brothers or sisters of the natural parent, with their ages (or ages at death);
  10. Wishes and feelings in relation to adoption and the application, including any wishes in respect of the child’s religious and cultural upbringing;
  11. Reasons why any of the above information is unavailable;
  12. Any other relevant information which might assist the court.

Guardians - prepared by the child’s Social Worker
Give details required under paragraphs 2 (a), (f), (j) and (i).


6. Part 3 - Prospective Adopters (prepared by the Family Placement Service)

Prepared by the Family Placement Service:

  1. Name: Date of birth:
    Place of birth:
    Address:
  2. Relationship (if any) to the child;
  3. Marital status, date and place of marriage (if any) and comments on stability of relationship;
  4. Details of any previous marriage;
  5. If a parent and step-parent are applying, the reasons why they prefer adoption to an order relating to custody of the child;
  6. If a natural parent is applying alone, the reasons for the exclusion of the other parent;
  7. If a married person is applying alone, the reasons for this;
  8. Physical description;
  9. Personality;
  10. Religion, and whether willing to follow any wishes of the child or his/her parents or guardian in respect of the child’s religious and cultural upbringing;
  11. Educational attainments;
  12. Past and present occupations and interests;
  13. Particulars of the home and living conditions (and particulars of any home where the prospective adopter proposes to live with the child, if different);
  14. Details of income and comments on the living standard of household;
  15. Details of other members of the household (including any children of the prospective adopter even if not resident in the household);
  16. So far as available, names and brief details of the personal circumstances of the parents, and any brothers or sisters of the natural parent, with their ages (or ages at death);
  17. Attitudes to the proposed adoption of such other members of the prospective adopter’s household and family as the adoption agency, or the case may be, the local authority considers appropriate;
  18. Previous experience of caring for children as step-parent, foster parent, child-minder or prospective adopter and assessment of ability in bringing up the prospective adopter’s own children;
  19. Reasons for wishing to adopt the child and extent of understanding of the nature and effect of adoption;
  20. Any hopes and expectations for the child’s future;
  21. Assessment of ability to bring up the child throughout his/her childhood;
  22. Details of any adoption allowance payable;
  23. Confirmation that any referees have been interviewed, with a report of their views and opinion of the weight to be placed thereon; and
  24. Any other relevant information which might assist the court.


7. Part 4 - Actions of the Adoption Agency Supplying the Report

Reports under rule 11(1) - complete jointly.

  1. Brief account of the agency’s actions in the case, with particulars and dates of all written information and notices given to the child, his natural parents and the prospective adopter;
    Social Services Department;
    Family Placement Services;
  2. Details of alternatives to adoption considered;
  3. Reasons for considering that adoption would be in the child’s best interest (with date of relevant decision); and
  4. Reasons for considering that the prospective adopters would be suitable to be an adoptive parent and that he would be suitable for the child (with dates of relevant decisions) or, if the child has not yet been placed for adoption, reasons for considering that he is likely to be so placed.


8. Part 5 - Generally

  1. Whether any respondent appears to be under the age of majority or under a mental disability; and
  2. Whether in the opinion of the body supplying the report, any other person should be made a respondent (for example, a person claiming to be the father of an illegitimate child, a spouse or ex-spouse of a natural parent, a relative of a deceased parent, or a person with any of the parental rights or duties).


9. Part 6 - Conclusions

This part of the report should contain more than simple synopsis of the information above. As far as possible, the court should be given a fuller picture of the child, his natural parents and, where appropriate, the prospective adopters.

  1. Except where the applicant or one of them is a parent of the child, a summary by the medical adviser to the body supplying the report, of the health history and state of health of the child, his/her natural parents and, if appropriate, the prospective adopter, with comments on the implications for the order sought and on how any special health needs of the child might be met (complete jointly);
  2. Opinion on whether making the order sought would be in the child’s best long-term interests, and on how any special emotional, behavioural and educational needs of the child might be met (child’s Social Worker to complete);
  3. Opinion on the effect of the child’s natural parents of making the order sought (child’s Social Worker to complete);
  4. If the child has been placed for adoption, opinion on the likelihood of full integration of the child into the household, family and community of the prospective adopter, and on whether the proposed adoption would be in the best long-term interests of the prospective adopter (Family Placement Service to complete);
  5. Opinion, if appropriate, on the relative merits of adoption and custody (complete jointly);
  6. Final conclusions and recommendations whether the order sought should be made (and, if not, alternative proposals). Completed jointly by the child’s Social Worker and the Assessing Social Worker.

End