Part of Adoption and Children Bill – in a Public Bill Committee am 9:30 am ar 10 Ionawr 2002.
Tim Loughton
Shadow Spokesperson (Health)
9:30,
10 Ionawr 2002
That is correct. We want to retain Clause 57 because it contains phrases such as ''must disclose'', which make matters absolutely clear. There is no ''may'', or ''regulations may prescribe''—the word is ''must'', and we want to retain that. The bone of contention is when the information is to be made available. It should be available much earlier in the adoption process. I shall give some examples of why that is so important.
To be fair to the Minister, she admitted in her letter that there had been concerns about and representations on making sufficient information available to prospective adopters at an early stage. That is supposedly why she came up with the changes, but we feel that they do not go far enough. One representation that all members of the Committee saw was from the Children's Society. Referring to the provision in clause 57 that required information to be given after the adoption order was made, it stated:
''This is too late. In order to consider whether they are able to care properly for a child, adopters must have all the necessary information about the child at the outset of the placement so that they can make an informed decision about whether to proceed. A finding of many disruption meetings is that a contributory factor to the breakdown of a placement is the lack of information given to adopters at an early stage. Anything that can be done to prevent the damaging effects of disruption on young people must be pursued.''—[Official Report, Special Standing Committee, 21 November 2001; c. 236–37.]
I agree wholeheartedly.
The Adoption Forum, referring to the same problem in clause 57, stated:
''without sufficient information at the time of matching . . . the prospective family''
cannot
''make an informed decision about whether they could or would want to become the child's parents. For example, a family may not feel it could deal with a child who had been sexually abused.''—[Official Report, Special Standing Committee, 21 November 2001; c. 169.]
If social services departments hold that information—such matters, of course, are sometimes revealed only when a child settles with a new and trusted family—it should be provided at the start, the Adoption Forum suggested. Again, I agree.
Barnardo's is an interesting case, as it was recently pulled up for not providing information. It stated:
''We cannot understand why the proposed timing for this is not consistent with current practice or the requirement of Regulation 12 (1983—Adoption Agencies Regulations). Adoptive parents need written information about the child and their background when they are considering whether to proceed with a placement not after the order has been granted. The Department of Health will be aware that, together with a local authority, we were recently sued for allegedly failing to provide full information at the time of a placement, which subsequently disrupted after the adoption order. We were successful in refuting the claim and the case was dismissed but we believe that we could have been legitimately accused of negligence had the information not been provided until after the child was adopted, as required by clause 57''.—[Official Report, Special Standing Committee, November 2001; c. 355.]
Mr. Robin Harritt, who has been in communication with me and made submissions to the Committee, has personal experience of adoption, having been adopted himself. He has spent a long time trying to contact his several siblings, with partial success. He said:
''It might interest the Committee to know that I have only just received some of my personal medical information from Barnardo's after ten years of complaints and legal threat, I still await from Barnardo's, the kind of information that Ms Gunn-Rosso required from Nugent Care''.—[Official Report, Special Standing Committee, November 2001; c. 295.]
That was a well known case. Mr. Harritt continues:
''In my search for my siblings I have found that one of my brothers died in his early thirties, from coronary thrombosis, apparently my maternal grandfather also died from a similar disease, everyone in our family needs to know this. I am aware of the service provided by the National Health Service Central Records department at Smedly Hydro, but very few other people who might want to make use of it, have.''— [Official Report, Special Standing Committee, November 2001; c. 298.]
Mr. Harritt draws my attention to a case that the BBC is taking up in a documentary. The subject of a news item on the internet last week, the case of the Gorry family is interesting and pertinent to our endeavours. The news item stated:
''Losing one member of your family in tragic circumstances is devastating, but when a third of your extended family is wiped out, it is a catastrophe.
This is what happened to the Gorry family.
But it was not until a doctor in Australia diagnosed a rare heart disorder in a member of the younger generation, the family realised some carry a life-threatening inherited rogue gene . . . Father-of-two Neil Halliday, who appears to have escaped the disorder, discovered the 'catastrophe' while researching his family tree . . . he discovered that nearly a third''—
of his family—
''had died suddenly while young.
He has since discovered that his brother Kevin, sister Yvonne, mother Phyllis . . . and other members of the family were the victims of Long QT syndrome—a type of sudden adult death syndrome''
Mr. Halliday is now desperately trying to make contact with all the members of the family—some of
whom have been adopted and with whom he has no links—to warn them that there is a serious family genetic problem of which he and, he assumes, other family members have until now had no knowledge. The condition can be treated using, among other things, beta blockers.
Two alarming aspects of that motivated the Amendment, which would emphasis the importance of providing the information as early as possible. The first is medical: it is essential that prospective adoptive parents know about a prospective adopted child's medical condition, so that they can assess whether they can cope with it. Later, it is essential that those parents are in possession of as full a medical record as possible, in case the sort of genetic disorder is present that could have a serious impact on the health of the child and his or her siblings in future. People should not have to wait for 10 or 20 years for medical records. It should be implicit that when a match is made, a full medical history is available to the prospective adopters so that the well-being of the child can be properly attended to.
The second aspect was mentioned by Professor Triseliotis, who spoke about his work in adoption during the witness sittings of the Committee. He mentioned the case of a child who had been abused at bath time. The child was subsequently adopted, but went berserk whenever his new parents tried to give him a bath. They could not understand the problem. Of course, the problem was that that child associated bath time with being abused and the horrific events of an obviously tragic case of abuse in his original home.
Surely it is essential that prospective adopters know about such things when a match is being made. Then, they can fully assimilate all the facts about a child and determine whether they can cope with him and give him an adequate environment. That is especially important if the child has a range of special needs and comes from a rather murky background. There should be no ''mays'', no ''it will come along if the regulations allow for it''. At as early a stage as possible, full medical, behavioural and other pertinent records on the prospective adoptive child should be made available to the prospective adoptive parents. Only on that basis can they hope to make an informed decision on whether they can offer the appropriate environment for that child. Only then can they hope to be in possession of all the facts that might affect the future medical well-being of that child and other siblings with whom contact might be made in future.
That would be in everyone's interests. It would not involve an enormous amount of extra work, because if the work is done properly, there may be savings later on the pain, angst and requirements for extra support—and the associated extra costs—if the placement breaks down because all the facts were not properly made available and assimilated out in the first place. That is what we are trying to achieve.
I appreciate that the Minister has gone some way to recognising the importance of such a provision, but, there is, as my hon. Friend the Member for Canterbury (Mr. Brazier) mentioned, a serious flaw: the new clause waters down the Bill's good intention.
Furthermore, the issue of timing needs to be beefed up. That is what the amendment is designed to achieve, and I strongly commend it to the Committee.
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