Worcestershire loses adoption bid

By Stephen Green
A local authority has lost its bid to put four children from a Christian home up for adoption.
Sitting in Worcester Family Court in Worcester’s impressive old Shire Hall building, His Honour Judge Richard Rundell ordered instead that the children should stay in long-term foster care and enjoy regular contact with their grandparents and indirect contact – cards, gifts and letters – from their parents. Far from ‘nothing else would do’ (the legal test for adoption), adoption in this case wouldn’t do at all.
THREE MONTHS TO FIND ADOPTERS
Worcestershire County Council protested they would do their best to keep the children together. They would look for adoptive parents willing to take the children as a sibling group for a full three months, said Social Work Team Leader Glenn McWilliams. But Judge Rundell was unimpressed. To allow adoption, which would happen against the wishes of parents and grandparents, would inevitably split the children up, he ruled.

In addition, adoption would mean the children would lose their family identity and all contact with their parents and grandparents. If they were split up, Judge Rundell said, keeping the children in contact with each other would rely on the good will of the adoptive parents, and these might moreover be at opposite ends of the country.
On top of that, the eldest two children, even though not yet in their teens, were adamant in their opposition to adoption. In those circumstances, said His Honour, any adoption would be very unlikely to endure.
SOCIAL WORKER CHANGES SIDES
The Court heard a couple currently fostering the children had been doing so from early last year (2015) on a short-term basis. By the grace of God they decided in December they could now foster the children long-term. The court-appointed ‘Children’s Guardian’, Mrs Maggie Stephens, represented by solicitor Aiden Codd, was robust under cross-examination from Worcestershire’s barrister Greg Rogers.
She maintained that having the children adopted would mean splitting them up and that would be ‘cruel’. You could not ‘reinvent these children’, she told Mr Rogers, a reference to the new surnames they would be given upon adoption.
There was dramatic evidence on 10th May, the first day of the two-day hearing, when social worker Alison Davies took the stand. Ms Davies had been involved with the case from February 2014, but she resigned from Worcestershire in protest at their decision to press ahead with an application for adoption. They should ‘remain where they are’ she told Mr Rogers. She had been all for adoption, but seeing how the children were now ‘thriving’ in the long-term foster care she had changed her mind.
FINANCIAL CONSIDERATIONS
Asked why the foster parents did not want to put themselves up as prospective adopters, or apply for a Special Guardianship Order, Ms Davies said it was purely down to economics. They were being paid as foster parents and so could afford nice clothes, treats and holidays for the children. As adopters, they would lose out financially and be able to provide none of that. The financial considerations could also have been in the mind of Worcestershire and their advocate in pressing for adoption, but no-one was crass enough to say that.
The children came to the attention of Worcestershire Social Services when the youngest child was unruly at nursery. Social workers said there was a chaotic atmosphere in the home on one occasion when they visited. The mother was trying to home-school despite having bi-polar challenges, and the father resented the social workers being involved.
But Ms Davies said that if the parents improved their position there was no reason why they should not resume contact with the children, who at the moment wanted to stay where they were, and crucially did not wish to return home. But the grandparents should see the children together once a month.
ONLY SIX COUPLES ‘IN THE MARKET’
Barrister Andrew Bainham, representing all four grandparents, told the judge there were only six couples in England and Wales who could take a four-sibling group. His Honour asked Mr McWilliams direct if he knew anything more about them? He didn’t. How many four-sibling groups were ‘in the market’, he asked. Mr McWilliams said he didn’t know.
Judge Rundell went on to tell Worcestershire they should be ‘grabbing (the foster parents) with open arms. … If after three months you can’t find these saints who will take four children you will have to split them up’, he said. ‘Then you have to get adopters to facilitate sibling contact? It’s a risk. And scouring the countryside, distance increases the risk.’
Ending the first day of the two-day hearing, the Judge told Mr Rogers: ‘The local authority may wish to consider its position overnight’. That is the nearest he could come to telling him that his case for adoption was falling apart and that he shouldn’t waste any more of the court’s time.
DON’T NAME THE COUNCIL!
But the next day, in came Mr Rogers still pursuing the adoption line which the court had heard would split up the children, and separate them forever from their grandparents and parents. His page on his Chambers website, the St Ives set in Birmingham, says ‘common sense is frequently in short supply’ in the family court. It ‘requires a sensitive and pragmatic approach’.
Such an approach was conspicuously absent from his presentation. Indeed, in talks with the judge involving this author to do with a ‘reporting restrictions order,’ Mr Rogers not only did not want me to identify the children, their parents or family structure, which is becoming normal procedure, but any of the parties. He did not want me to name Worcestershire County Council, any of the experts, social workers, the ‘children’s guardian’, or any of the advocates. Judge Rundell had earlier expressed himself in favour of transparency, and every one of Mr Roger’s suggestions was thrown out.
WORCESTERSHIRE IGNORED JUDGE
The only real issue was the frequency of contact with the grandparents. With Alison Davies saying it should be twelve times a year and Mrs Stephens opting for six times a year, the Judge ruled with the ‘children’s guardian’, and said bi-monthly contact should be written into the care plan.
But when the case came back to rule on press restrictions and to check the care plan the following week, the Local Authority’s care plan had the grandparents seeing the children just twice a year. His Honour was not happy and sent Mr Rogers away to redraft it.
Social worker Toni Badham, responsible for the drafting, apologised to the grandparents afterwards, claiming she had only just become involved. But this author understands she was involved right from the start. One if the grandparents told this author the machinations of the Council meant they had been ‘to hell and back’.
But in the end, the hand of the Almighty was strongly on this case. The grandparents applied to be ‘interveners’ which delayed matters sufficiently for the foster parents to decide they would offer a long-term placement. If the matter had been heard last November it could easily gone the other way.
The mother was represented by Miss Nevine Zaki and the father by Mr Michael Phillips.
LESSONS WE LEARN
The case illustrates several important points:
1 Any teaching environment these days is watching your children.
2 Any shortcomings whatever in your parenting skills will be used by a local authority against you.
3 If you lose your temper with social workers it will only count against you.
4 The position of the court-appointed Children’s Guardian is crucial. It is a brave judge who will go against her.
5 Local Authorities are over-keen to get children adopted. And when adoption is not on the table, they are too keen to keep children in their care and resentful about them going back to families.
6 The rules about getting children adopted in 26 weeks are draconian, especially if it is to be a forced adoption in opposition to parents’ wishes.
7 Local Authorities are both incompetent and tricky. They do not honour their promises and even try blatantly to circumvent the clear orders of judges.
8 Judges do not have enough power to insist that details like particular foster parents are written into care plans. Instead, both judges and parents have to rely on the good nature of local authorities, which may be in short supply.
PRAY: Thank God for such a positive outcome in all the circumstances.
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