Executive plans adoption overhaul

Most recommendations of Cox review group to be accepted

News, 10 June 2005

The adoption system in Scotland is to be radically reformed, Deputy Education Minister Euan Robson announced today.

The law has remained largely unchanged for over 25 years, during which time the number of adoptions has fallen from around 1,000 to 400 a year.

A review group chaired by Sheriff Principal Graham Cox made 107 recommendations in two reports to bring the law and procedure up to date with modern conditions. Speaking at the British Adoption and Fostering (BAAF) Scottish Legal Group conference in Dundee, Mr Robson announced that the Executive accepts the great majority of the changes.

A key recommendation is a new form of order known as a permanence order. This is aimed for example at older children who want continued contact with their birth family, and will offer an alternative that provides stability within their foster home.

Other recommendations will improve the way adoption cases are handled by the courts and the children's hearings system so that the risk of delays is reduced, while ensuring that adoption cases continue to be dealt with rigorously.

Unmarried couples, including same sex couples, will be allowed to adopt jointly. At present both partners are assessed, but only one can apply to adopt while the other must apply for a residence order. This confusing legal position will be amended, within the context of decisions being made in the best interests of the child: couples wishing to adopt would have to be living as partners in an enduring family relationship. They would undergo a rigorous examination of their relationship to make sure it provides stability for the child and to explore in depth their parenting abilities.

Mr Robson said:

"The Executive believes the vast majority of the recommendations made by the review group will make a real improvement to the lives of many looked after children who currently have to live with insecurity and instability. We owe all our children the best chances in life but, in particular, those who are most vulnerable deserve our utmost help and these proposals will help provide these children with the opportunity to thrive."

Welcoming the announcement, Sheriff Principal Cox said:

"On behalf of the members of the review group, I am greatly encouraged by the swift and positive response of the Executive to our report. I believe that the implementation of our recommendations will improve the lives of some of the most vulnerable children in Scotland. The early action proposed by the Executive is very welcome."

The Executive will publish its formal response, in the form of a consultation paper, later this month. Following the consultation, it intends to legislate "at the earliest opportunity".