Contact after Adoption – A Lifelong Focus

Telegram, letters, postcards are now considered a relic of a bygone era.

However, the phrase ‘letterbox contact’ has persisted past relevance and practicality and into the internet age. Letterbox contact for me as a mainly private family law lawyer, is a phrase concerned with the most serious of cases. Cases where ‘nothing else will do’. For the care lawyers among us, adoptions now spring to mind.

Simon Miller (Junior barrister of the year - Family Law Awards 2024) from Harcourt Chambers will address the key law and the importance of contact in these cases:

‘The statutory framework is found in Section 51A Adoption & Children Act 2002, which is headed ‘Post-adoption contact’. It is important to note at S51A(1) allows the court to make a contact order either when making an adoption order or has made an adoption order. The requirement, on the making of such an order, requires under S51A(2)(a) ‘the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order … or for the person named in that order and the child otherwise to have contact with each other …’ .

In Re B (A Child: Post Adoption Contact) [2019] EWCA Civ 29, [2019] 2 FLR 117 Sir Andrew McFarlane P sitting in the Court of Appeal noted although S.51A of the ACA 2002 introduced a bespoke statutory regime for the regulation of post-adoption contact following placement for adoption by an adoption agency, there was nothing to be found in the wording of s 51A or of S.51B which indicated any variation in the previously settled approach to be taken to the imposition of an order for contact upon adopters who were unwilling to accept it. In addition, the wording of ss 51A and 51B rather indicated that Parliament's intention in enacting S.51A was aimed at enhancing the position of adopters rather than the contrary.

It is important to recognise the importance post-adoption contact has now attracted over the last few years, particularly since the ‘Re B’ judgement Post-adoption contact has been the subject of much recent discussion at all levels within the social work and legal professions and amongst the judiciary.

‘The Public Law Working Group Interim Report: Recommendations for Best Practice in Respect of Adoption’ dated 27 September 2023, some four years after Re B, importantly sets out at paragraph 25:

25. In the course of this chapter, we set out a variety of recommendations aimed at making post-adoption contact a more fulfilling and helpful experience for the adopted child. Our main recommendation is that there should be a tailormade approach to the issue of contact for each adopted child which includes and promotes face-to-face contact with important individuals in that child’s life if it can be safely achieved. The issue of contact needs to be actively considered throughout the child’s minority, not only before the adoption order is made. The other recommendations are intended to support this overarching aim.

In his speech in November 2023 ‘Adapting Adoption to the Modern World’, stated with clarity:

I am not alone in considering letterbox contact to be outdated and no longer apt to meet the more sophisticated understanding that now exists of a young adopted person’s needs.

In addition, the model would seem to be based upon a fear of contact with the natural family destabilising the adoptive placement, when more modern thinking indicates that maintaining some continuing relationship with the natural family can assist the child.

Drawing together these various strands, it is clear to me that a bespoke plan for future contact between a child and their birth family should be developed at an early stage and well before that child moves on to be placed for adoption.

It should be the responsibility of the court, at this key stage when it has determined that a child is to be adopted, but before the adoptive placement has been identified, to establish the basis and structure for any continuing relationship with the birth family.

Sir Andrew McFarlane P, on 17th May 2024 at a conference entitled ‘Adapting Adoption to the Modern World’, further developed his views:

Rather than a degree of real contact unsettling an adopted child, research (as I will explain) suggests that it might have the opposite effect and be beneficial to the overall sense of stability and wellbeing for the child as they move through the choppy adolescent waters.

The court and the Family judiciary have an important part to play. Orders for contact made under ACA 2002, s 26 when making a placement for adoption order set the template for contact going forward. Where continuing contact in some form is ordered at that stage, this will be an important ‘known known’ about the child to be taken on board by any potential adopters with whom placement may be considered.

Firstly, and I would suggest most importantly, the likely template for contact arrangements post adoption should be set at the placement order stage. This is not a change in the current approach. A court making a s 26 contact order, in keeping with the duty under s 1 and its lifelong focus, should have regard not only to the short-term contact arrangements required in the pre-adoption stage, but also in setting the course for the maintenance of family relations over the longer term if that is in the child’s best interests.

The re-set of contact must be looked at afresh for post-adoption contact where, in particular, siblings are separated permanently. Permanence, without any realistic hope of future contact, can bring with it life-long loss.’

Our Family Wizard from my experience can help. I am the Family Law Clinic Manager at Dads House and help parents in private cases. I see the impact of OurFamilyWizard help build trust.

OurFamilyWizard encourages open communication, ensures safe communication and may allow for trust to be built.

OurFamilyWizard’s tone monitor regulates the tone of a sender, GDPR compliance ensures safety for the storage of medical documents and photo storage, multi-party accounts and professional oversight help in the most fragile of situations.

In these circumstances, where safety is often a novel concept, OurFamilyWizard can be the safe place for contact to take place.

Simon Miller (Barrister) Ceri Parker - Carruthers (Family Law Clinic Manager)

Dads House Family Law Clinic

Simon Miller

Simon was a children law specialist, having practised exclusively in children matters for more than 20 years since pupillage. He represents local authorities, parents and children’s guardians at all levels of court up to and including the Court of Appeal on a wide range of matters including cases of neglect, serious injury or death, sexual abuse and factitious illness.

In private law matters, Simon typically handles cases involving disputes over contact, alienation and domestic violence. He has also represented clients on matters of this kind where there is an international dimension to the case. 

Simon has also been involved in matters in respect of international adoptions, Court of Protection and mental health review tribunals. Other unique cases of interest have involved sperm donation, Jehovah Witnesses, human rights, and applications under the inherent jurisdiction.

Ceri Parker- Carruthers

Ceri is the Family Law Clinic Manager for Dads House. She has been a practicing lawyer for five years and uses her court advocacy experience to help Dads House Family Law Clinic clients. Ceri specialises in private child law, covering the full spectrum of private law matters.

Ceri is the winner of the Unsung Hero at the British Legal Awards 2024.

Ceri was a shortlisted finalist for Champion of the Year in the Family Law Awards 2024.

Ceri was nominated for the Champion of the Year for the Inspirational in Women in Law Awards 202