There has been considerable press coverage over the last few months in relation to concerns that children are being held up in the care system by over rigid policies of local authorities where they insist on only placing children with adoptive families who replicate the children's ethnic and racial backgrounds, regardless of how long this might take and giving lesser priority to a child's many other needs. 

In the course of care proceedings, every effort will be made to decide whether a child can be safely looked after by their birth parents or if not by members of their extended family.  If the court decides that neither are possible, the child becomes available for adoption and a search for an adoptive family begins. 

The Adoption and Children Act 2002 states that when a child is being placed for adoption, 'due consideration' must be given to the child's racial, cultural and religious background.  It is increasingly felt that adoption agencies are being over rigid in their interpretation of this duty. 

Particularly in big towns and cities, such as London, children in care and waiting for adoption come from increasingly diverse racial and ethnic backgrounds.  They are frequently of dual or mixed heritage and despite efforts by adoption agencies they do not currently have sufficient families who match the profiles of a very large number of these waiting children.  

Long stays in care with the risk of multiple moves to different foster placements have been shown to damage children and sadly those who have been in care for significant periods of time are over represented in criminal and mental health statistics and also risk their future children being equally disadvantaged.  This is not only damaging to the children but also to society in general in supporting these damaged individuals. 

Naomi Angell who specialises in both adoption and child protection cases has recently been involved in policy initiatives to support moves by the government to relax these restrictive social work practices towards adoption placement. 

She has assisted with proposed new guidance on adoption for social workers and adoption agencies which is likely to state that all of the child's needs, including to be settled in a new family speedily, must be considered in adoption placements and that race and ethnicity, although very important should not be the trump cards which are prioritised over all other needs. 

Currently, many prospective adopters who make their first phone call to a local authority or voluntary adoption agency to enquire about adoption are turned away or advised to consider intercountry adoption or surrogacy, because there are no children in the care of that authority who match their racial and ethnic background.  

Hopefully the new adoption guidance will reduce the time that children wait in care to be placed for adoption and the negative response that families desperate to adopt encounter from local authorities looking for adopters for their children in care.

If you are considering going through the adoption process and would like further advice please contact Naomi Angell.

Similarly if your intentions are to adopt from a foreign country, as the number one specialist in the UK, Naomi will be able to assist.

For more information please visit our adoption law pages. You can also find out more about what family law services we offer in general.