Consent to publicity

England and Wales

Under the Adoption and Children Act 2002, it will not be possible for a local authority to place a child for adoption without the consent of their birth parents or a placement or freeing order.

To refer a child needing adoption to Be My Parent, the adoption agency should have either authority to place the child for adoption – either with the consent of the child’s birth parent/s, or a placement or freeing order – OR the consent of a court before featuring the child for adoption.

Care Order (section 31, Children Act 1989)

Children needing adoption: Where a child is the subject of a care order, the local authority should apply for a placement order under the new Act, if birth parent/s do not consent to adoption, prior to seeking publicity. In these cases, we would advise that the local authority’s legal department (either the lawyer who is responsible for the placement order proceedings and/or the legal advisor to the adoption panel) be informed and asked for their view on publicity.

Guidance issued informally by the Department for Education and Skills (see the frequently asked questions section of the Adoption Training website) was varied in October 2006 for children who are on a care order but not yet the subject of a placement order. This advice still stands until further notice. Be My Parent will accept referrals from agencies for children who are on care orders but not yet on placement orders if certain conditions apply. See DfES advice.

NB – The Be My Parent service will not accept referrals for children needing adoption without a placement or freeing order or Parental Responsibilities Order (Scotland) unless the birth parent(s)’/legal guardian(s)’ consent has also been given, and/or the referring agency can confirm they have the court’s agreement to publicity or they have satisfied the criteria outlined in the DfES guidance (England) regarding children and care orders. If you confirm that you have these consents and agreements, you will be accepting responsibility for the referral and any consequences of the referral.

Children needing permanent fostering: Where parental responsibility is shared by the birth parent/s and the local authority under a section 31 care order the local authority can override the birth parent/s’ disagreement to publicity.

Interim Care Order (section 38, Children Act 1989)

Children needing adoption: Where a child is the subject of an interim care order, in care proceedings, and the plan is for adoption, the local authority will issue an application for a placement order. In these cases, we would advise that the local authority’s legal department (either the lawyer who is responsible for the placement order proceedings and/or the legal advisor to the adoption panel) be informed and asked for their view on publicity. Guidance issued informally by the Department for Education and Skills (see the relevant section of the Adoption Training website) suggests that the court’s agreement to publicity should be sought.

Children needing permanent fostering: If the birth parent/s do not consent to publicity, it is essential to consult with your legal adviser about notifying the child’s Guardian appointed by the Court and the Court itself.

Placement order (section 21, Adoption and Children Act 2002)

The consent of the local authority is sufficient, although it is good practice to inform the birth parent/s, as they still have parental responsibility.

Scotland

Under a supervision requirement, birth parent/s retain their parental responsibilities and rights, and should agree to the child being featured. Legal advice should be sought if there are difficulties in this area.

For children under a parental responsibilities order, the birth parent/s’ consent will not be necessary at this stage as the local authority will have this parental responsibility, but birth parent/s have the right to consent to or oppose an adoption order.

England, Wales and Scotland

The local authority has parental responsibility for children subject to a freeing order, and may give consent to publicity.

Accommodated, section 20: For children accommodated by the local authority (S20, Children Act (England & Wales), or S25, Children (Scotland) Act 1989), as their birth parent/s retain parental responsibility, they will need to consent to the child being featured, either by completing the relevant section in the Be My Parent referral form, or an alternative document. The referring agency should attach a copy of this documentation with the referral.

If the birth parent/s cannot be contacted, we would advise that you contact your local authority's legal department.

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Last updated: 24 April 08

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