Foster carer who would like to adopt (Local authority full care order)

[Contessa]

I have had a little lad in my foster care for 15 months. I sent an official letter with my request to adopt him. Members of little boys family are fighting for legal custody, going back to court in September (local authority are opposing this). As it was a parent and child placement the parents know where the little boy lives. As I wish to adopt, I have agreed to move out of the area. My age is 56 and local authority will consider my application, however, I strongly feel that for various reasons, they may decline. What are my legal options if they come back to me and say "No, you cannot adopt the little boy". There is a chance that if family members are given the right to adopt. Would I have the right to contest? I have suggested that an injunction be taken out on the parents in the interim whilst I try to sell my house?

[jaguarsuk]

We have recently been joined by someone whom is a family lawyer, so whilst I can't help I can tag them in to possibly assist. SandraF will hopefully come along soon.

[Contessa]

Okay, thankyou.

[Peridot]

Hi Contessa,

As I'm sure you already know the Court has very wide discretion when dealing with the placement of a child with adoptive parents. However the child's welfare will always be the most important thing in these situations. It is a serious issue removing children completely from their birth families and the Court's have to try and weigh up what is best looking at all the circumstances of the removal, other family options, prospective adopters situations and of course in your position your relationship with the child.

You haven't gone into too much detail about the background surrounding why the child was placed in a foster placement and I suspect this is not really the place to be going into details. Having worked in the family courts in the past I can imagine what has lead to the placement, although all cases are different of course.

Unfortunately there is little you can do with regards to any application that you make. As I mentioned above the child's needs are paramount and no doubt there will be numerous reports on any prospective adopters to try and ensure the child is adopted by the most appropriate person. All avenues will be considered including the child's age, needs and the prospective adopters situation as well as considering future contact with the birth family, if any and whether this should be encouraged.

Have you discussed your options with the social worker? It sounds like as the Local Authority have recommended that you move they may be behind you in this case? They will be your best support if they are on your side and have recommended you make the application. Unfortunately the final decision will be with the Court all you can do is everything asked of you as a foster carer and follow any recommendation made during the process.

If the child is placed with a member of it's family then you as a prospective adopter do not have any right to contest this. Unless the Court's have made an error in law there cannot be options for prospective adopters to effectively appeal the decision. As foster carer I'm not sure but suspect you will have an opportunity to report anything that has been going on with the child and your views would be considered. I'm sure you can understand it wouldn't be appropriate for a prospective adopter to be able to contest a decision.

Speak to your social worker and wish you all the best. I hope the right decision for this child is made in September and they can be allowed to grow in a safe supportive environment in the future. If you can bear it do let us know how it goes. You deserve a medal taking on the fostering role you have.