Letter from Scottish Government. And reply.

Children, Young People and Social Care DirectorateCare and Justice (CYPSC) Division The-ScottishGovernment

T: 0131-244 3663 F: 0131-244 3547E: paul.wilson@scotland.gsi.gov.uk

Mr Jimmy DeucharsGrandparents Apart UK, 22 AIness Crescent, GlasgowG521PJ
Your ref: Our ref: 2009/0003231 ORMarch 2009

Dear Mr Deuchars

Thank you for your emailing, on 30 January, notification of the demonstration you areorganising for 4 March to Mr Ed Balls MP, Secretary of State for Education concerning the recently publicised adoption case in Edinburgh. As adoption is a devolved matter, and therefore is the remit of the Scottish Government, I have been asked to reply.

I understand that The City of Edinburgh Council have received a complaint from thegrandparents and are investigating the specific issues raised. As you will appreciate, Icannot comment on individual cases which involve highly personal and confidentialinformation regarding all the parties involved in the case and it would be inappropriate for me to discuss any allegations made in the Daily Mail concerning bullying by social workers. However, I hope I can address some of your concerns.

All children deserve a secure and stable home to grow up in and the removal of any child from their natural parents is always a difficult decision and one that is never taken lightly. That is why councils have a duty to make recommendations based on the best interests of the child. The Scottish Government firmly believes that, if a child, cannot live with their birth parents, the first option should be to consider the ability and capacity of kinship carers in the wider family to provide the child with a safe and permanent home. In making recommendations about the placement of a child local authorities, as a matter of policy and good professional practice, consider the possibility of the child being cared for by his or her extended family. I understand that, in line with this policy, the City of Edinburgh Council operates a family first policy when placing children who need to Iive away from their birth parents and currently supports in the region of 240 'kinship carers' ( extended family looking afre children in this way) the majority of whom are grandparents. As you know as with all potential carers for Looked After Children, kinship carers undergo a rigorous assessment of their capacity to care for the children in a safe secure and stable through-out their childhood. This assessment considers a number of factors and will not rely on age alone in its determination of the person's ability to supply a safe, secure and stable home for a child.

Before a child is placed with adoptive parents, an adoption agency (either a local authority or a voluntary organisation) will have to assess the adopters as suitable, that the adoption is in the best interests of the child and that the child is placed with adopters who can best meet the child's needs.

In deciding whether an applicant is suitable as an adopter the local authority will take into account a range of factors. No one has a right to adopt a child and if the assessment indicates that they would not be able to provide a safe, secure, and stable home then they will not be considered as adopters. Any recommendation of a person as suitable to adopt a child must be considered by both an independent panel of experts (an adoption panel), which includes independent social workers, as well as legal and medical advisers, and then the local authority's decision maker, who is also independent of the case. If a child is considered by the local authority to be suitable for adoption, and this is confirmed by both the adoption panel and the agency decision maker, the local authority can apply for an order freeing the child for adoption. This order places the parental rights and responsibilities for the child with the council and cannot be granted unless the consents of the parent or guardians have been given, or that the court is satisfied that they can be dispensed with under specific grounds1. In granting this order the court will appoint a Curator ad Litem, an independent expert, whose role is to represent the best interests of the children and ensure that they are at the centre of the proceedings. A Curator will also assess permanent options for the children, including the extended family, and advise the court.

Any potential match between a child and a potential adopter is scrutinised by the adoption panel. When this panel recommends a match as suitable, and the agency decision maker, considers the match to be suitable, an application to the court for an adoption order can be made. Although the adoption agency can make a recommendation to the court that a match is suitable, it is ultimately the decision of the court to grant an adoption order.
Finally, the law in Scotland requires that the views of children over the age of 12 are taken into account when making arrangements for adoption. Younger children's views are also considered and their views will have been taken during the case, and the Curator appointed by the court will ensure that they are heard by the court.

As you can see, there are several levels of scrutiny involved in granting an adoption order and each of these will need to be satisfied that the match is in the best interests of the children before an order can be granted.

I hope that this helps.Yours sincerely

Paul WilsonCare and Justice Division
' The grounds are: the parent or guardian—
(a) cannot be found or is incapable of giving agreement;
(b) is withholding his agreement unreasonably;
(c) has persistently failed without reasonable cause to discharge the parental duties in relation to the child;
(d) has abandoned or neglected the child;
(e) has persistently ill-treated the child;
(f) has seriously ill-treated the child


Victoria Quay, Edinburgh EH6 6QQ, http://www.scotland.gov.uk/


Answer to the Scottish Governments Letter

The Governments state that their Children’s policies are working in the best interests of children. Is the overwhelming amount of people complaining all wrong?

So where does the problem lie?

I have stated before. It is the administration of these policies that are to blame, a monster that has gotten out of control of its master. The Governments are so wrapped up in their self righteousness that they no longer listen to the people, but only to the administration that advises them on an unfeeling cost and personal financial basis,

With all the bad publicity Social Services, Courts, Professionals are receiving from the media and John Hemming MP http://www.youtube.com/watch?v=YNQFaBcwFlU surely even the Scottish Government must be able to make a connection here. It is sticking out like a sore thumb all over the UK.

Our demo on the 4th March in Glasgow, not a big one by any means, but the amount of media that was there is awakening the public, an even bigger force called people power to the incompetence of our Government. We did not just have grandparents protesting. There were mothers, fathers, grandparents and extended members of families that have suffered under the Government’s monster.

Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk/