Nagalro urges reinstatement of requirement for adoption agencies in England to consider religious persuasion, racial origin and cultural and linguistic background of child

Nagalro, the professional association for Family Court Advisers, Children’s Guardians and Independent Social Workers, has expressed concern about the impact on black children of the repeal of S1(5) of the Adoption and Children Act 2002 by the Children and Families Act 2014.

It has submitted evidence to the House of Lords Select Committee on the 2014 Act, arguing that this change was misguided and should be reversed.

The select committee is conducting an Inquiry: ‘Is the Children and Families Act 2014 fit for purpose?’ and examining the impact of the repealed provisions of s1(5) Adoption and Children Act 2002.

Nagalro’s submission was limited to only one of the areas being considered by the committee: “What has been the effect of the repeal of the requirement to consider ethnicity, religion, race, culture and language in England when placing a child for adoption?”

The repeal of S1(5) of the Adoption and Children Act 2002 removed the requirement that adoption agencies must “give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background.”

Nagalro argues there was no valid evidence that repeal of the requirement was in the children’s interests or that it would shorten waiting times.

It notes that:

  • Adopters “best placed to meet all of the needs of black children are those with a similar religious persuasion, racial origin and cultural and linguistic background”. [Nagalro's emphasis]
  • Race, religion, culture and language “are essential components of a child’s identity and the removal of s1(5) of the Adoption and Children Act treats these key elements of the child’s future sense of self as of no weight in the matching process”.

In its evidence to the select committee, Nagalro said: “Black children are in effect being treated differently from their white counterparts, who are almost certain to be placed with adoptive parents who reflect their cultural, religious and linguistic needs.

“The impact of the deletion of section1(5) of the Adoption and Children Act is that black children are more likely to be placed with families who do not reflect their heritage and who are not able to meet their cultural, religious and linguistic needs.

“They are likely to grow up not being able to connect with their own communities nor sure that they will be fully accepted into the communities in which they have been placed. This sacrifice was considered to be in the children’s interests, as long as it reduced waiting times.”

Nagalro’s submissions added: “Their visibility as adopted children becomes more obvious, and their sense of self and their identity and development as black children is significantly impaired. It is also likely to diminish their ability to deal with racism. In such circumstances, Nagalro considers this could be emotionally abusive and damaging to these children.”

The association also said it was “essential to, firstly, address the reasons why disproportionate numbers of black children find themselves in care and, secondly, why there are insufficient black adopters”.

Nagalro also expressed concern that there had been “no follow-up research to review this change in the legislation and to find out whether the amendment has achieved the results which were argued for when the 2014 Act was enacted”.

The full text of Nagalro’s evidence can be read at: https://committees.parliament.uk/writtenevidence/107853/html/