Contact: Sue Kilbride - Ext 7344 e-mail [email protected]

1 Summary

1.1 This report outlines the background to the imminent changes to the legislation under which Adoption Panels operate. Under the new regulations any current Panel membership will cease and Panels constituted under the new regulations will have to be newly formed from 30 December 2005.

1.2 In addition the Children Act 2004 requires the Children's Services Authority to set up a Local Safeguarding Children Board (LSCB). The LSCB, unlike the Area Child Protection Committee, its predecessor, is a statutory body and is part of a wider strategy for safeguarding and promoting the welfare of children.

1.3 The decisions sought support Aim 1 of the Corporate Strategy, maximising life opportunities, and Aim 5, improving services, since one of the purposes of the new legislation is to encourage more people to adopt looked after children by helping to ensure that the support they need is available. The LCSB is part of the wider strategy of safeguarding and promoting the welfare of children.

1.4 The newly constituted Adoption Panels and the Local Safeguarding Children Board will contribute to the five outcomes specified in the Children Act, since the needs of the child are at the centre of the Adoption process which will contribute to their being healthy, enjoying and achieving, making a positive contribution, and achieving their full potential in life. The Local Safeguarding Children Board will also contribute to the five outcomes, in particular by ensuring children stay safe from harm .

1.5 The following decisions are therefore sought.

(a) That the below named Adoption Panels be newly established in
accordance with Regulations 3, 4 and 10 of the Adoption Agencies
Regulations 2005 with effect from 30 December 2005; and that the
following members be reappointed to the newly formed Adoption
Panels in accordance with Regulations 3 and 4 of the Adoption
Agencies Regulations 2005 as follows:


Southwest Hampshire Adoption Panel - Councillor K G Chapman (until 30 December 2008)


County Adoption Panel - Councillor G W Davies-Dear (until 30 December 2006)

North Hampshire Adoption Panel - Councillor G W Davies-Dear
(until 30 December 2006)

Southeast Hampshire Adoption Panel - Councillor Mrs P A West
(until 30 December 2008)

All the above appointments to be subject to annual performance review in accordance with the Regulations.

(b) Confirmation that the remaining appointments of officers and
independent members to the Adoption Panels be made by the Director
of Children's Services in accordance with his general power of
delegation as set out in the County Council's Constitution.

(c) That the new legislation requiring the setting up of a Local Safeguarding Children Board for the County be noted and that a further report be brought to the Lead Member for Children's Services regarding the constitutional arrangements for the Board in due course.


(d) Confirmation that the appointments of officers and independent members of the Local Safeguarding Children Board be made by the Director of Children's Services in accordance with the power of the delegation as set out in the County Council's Constitution.

2 Background

Adoption and Children Act 2002

2.1 The Adoption and Children Act 2002 is the first significant reform of the adoption legislation since the Adoption Act 1976. It modernises the existing legal framework for domestic and inter-country adoption. The Act will put the needs of the child at the centre of the adoption process by aligning adoption law with the Children Act 1989 to make the child's welfare the paramount consideration in all decisions in the adoption process.

2.2 The Adoption Agencies Regulations 2005 come into effect on 30 December 2005. These replace the Adoption Agency Regulations 1983 which currently stipulate the membership and business of the Adoption Agency's Panels. Under the new Regulations all current panel membership will cease and Panels constituted under the new Regulations have to be newly formed from 30 December 2005.

2.3 Existing Panel members who meet the criteria described in the Regulations will be able to be reappointed under the new Regulations, albeit for a time limited period, depending upon how long they have already been a Panel member.

2.4 All Panel members will be notified in writing of their performance objectives which must include: attendance at an agreed minimum number of panel meetings; participation in induction and training; and safeguarding the confidentiality of records and information submitted to the Panel by the Adoption Agency. Panel members' performance will be reviewed annually.

2.5 The current elected Members were formally appointed by the Executive Member for Children's Services on 14 July 2005. In order to comply with the new Regulations the decisions at paragraph 1.5(a) and (b) are sought.

Children Act 2004

2.6 As a result of the Children Act 2004 it is a duty of the Children's Services Authority to set up a Local Safeguarding Children Board (LSCB) which is a statutory body with multi agency membership. The LSCB will replace the non-statutory Area Child Protection Committee and have a wider remit since it must consider children in need generally as well as those in need of protection. The membership of the LSCB is prescribed by the Act and in Hampshire must include the following:

Children's Services Authority;

District/Borough Councils

Chief Officer of Constabulary

National Probation Service

Youth Offending Service

Strategic Health Authority

Primary Care Trusts


NHS Trusts

Connexions

CAFCASS

Secure establishments detaining young offenders, and

Learning and Skills Council

2.7 The proposed constitution of the Board is currently being drafted and authority to make officer and independent appointments to the Board will come under the delegation to the Director of Children's Services as set out in the County Council's Constitution.

2.8 It is requested that the new legislation be noted and that a further report on progress of the setting up of the Board be prepared in due course.

3. Impact Assessment

3.1 No adverse impact on race or equality has been identified in the respect of this report.

4. Personnel Implications

4.1 No personnel implications have been identified with County Council staff.

5. Financial Implications

5.1 No additional financial implications have been identified with this report.

Recommendations

1. That Adoption Panels are newly established in accordance with the
Regulations with effect from 30 December 2005 and Members of the County Council are re-appointed to the Adoption Panels as set out in paragraph 1.5 (a) above.

2. That the remaining appointments of Officers and Independent Members to
the Adoption Panels be made by the Director of Children's Services in
accordance with his general power of delegation.

3. That the new legislation requiring the setting up of the Local Safeguarding
Children Board be noted and a further report be brought to the Member for
Children's Services regarding the constitutional arrangements for the Board
in due course.

4. That the appointments of Officers and Independent Members to the Local
Safeguarding Children Board be made by the Director of Children's Services
in accordance with his powers of delegation as set out in the County Council's
Constitution.

Section 100D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this Report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this Report.

NB: the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in

the Act

Nil