New provisions on the disclosure of information
Adoption and Children Bill
10:10 am
That is difficult. I suppose that the closest parallel would be the current situation involving freeing orders. About 40 per cent. of looked-after children who are adopted have previously been freed. We do not have regular information about the numbers of cases that are contested but, speaking from memory, I think that research in the early '90s indicated that about 75 per cent. of freeing orders were made without the active consent of the individuals involved, although only about 20 per cent. of the actual court cases were actively contested.
I suppose that similar proportions will arise here, although, as Sandra Walker says, because consent or dispensing with it is being dealt with earlier in the process, through the placement provisions, there may be an increase in the number of cases contested at that point. A criticism of the current adoption process is that it leaves too much to the final hearing and that birth families can feel faced with a fait accompli then. Because we are giving them a more substantive chance to address such issues earlier in the process, there may be a higher number of opposed cases. However, the court will take that into account and make a substantive decision after having heard all the parties' views.