Robin Swann
North Antrim · Ulster Unionist Party · Northern Ireland
“I thank the Minister for his detailed statement. I know how passionate he is about the subject and how many times he has brought it to the Executive.”
“It has been reported that today will potentially be the warmest day of the year. As we move into the summer and our summer holidays, I want to raise public awareness of wildfires across Northern Ireland, which have been detrimental to farmland and our environment over the past number of years.”
“Wildfires are still having a detrimental impact on our environment and, occasionally, on livestock, but that reduction shows the impact of the Northern Ireland Fire and Rescue Service's proactive approach to educating the general public and engaging with rural communities and schools on its fire safety message, which is to stay alert, not…”
“There has been a lot of talk of sport in this place over the past few days, with everybody concentrating on UEFA. One sport that is going on across Northern Ireland at the minute is cross-community and goes across all age groups without fear, favour or distinction: pigeon racing.”
“I want to put on record that, since this place passed the amendment that recognised pigeon racing as a sport under the 2016 Act, over the past five years, pigeon racing clubs across Northern Ireland have been able to obtain £113,000 of rates rebates through the sports and recreation rate relief, allowing many of those clubs to continue ra…”
“There was much coverage on social media over the weekend of an incident in Staines in England, in which a police car rammed a young calf to bring it under control. It has restarted the conversation about animal cruelty. <BR /> <BR />I am dealing with a specific case in my constituency.”
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“That is already in the Bill, and the Member will be able to get clarification through the Committee process. <BR /> <BR />I thank Mr Chambers for his support of the Bill and his appreciation of the work that has been done not only by stakeholders and officials but by departmental officials who have been working on it and looking forward to it being brought forward. <BR /> <BR />Somebody said that Minister Needham started this Bill in 2006. In fact, Michael McGimpsey designed the crux and bones of the Bill when he was Health Minister. The Bill has been a long time in the cooking and design, but it has been sought by practitioners, stakeholders and, as we heard from Mr Durkan, by the families who have come through the adoption process and would have been appreciative of the post-adoption supports that the Bill brings.”
“when placing the child for adoption. That is in line with the duty that is already placed on a trust by the Children Order when it takes a decision about a looked-after child. That duty includes where the child should be placed, and it reflects the changing demographic in Northern Ireland and the range of considerations that now applies. Ultimately, the paramount consideration must be the welfare of the child.”
“The current power for a parent to stipulate the religious background in which their child should be brought up when agreeing to their child being freed for adoption is not replicated in the Bill. However, the Bill places a duty on adoption agencies to give:”
“Trusts will also have a duty to provide information about the type of adoption support services that are available in their area. That should ensure that those interested in adopting, and adopters, are better informed about adoption support services, their rights and other services that are available to them. <BR /> <BR />Accountability arrangements will be put in place to assess the effectiveness of the implementation of the new legislative framework. Those build on the current performance and accountability arrangements, including the delegated statutory reporting functions. <BR /> <BR />Mr Gerry Carroll commented on consent and religious upbringing.”
“Ms Órlaithí Flynn talked about support services for those who seek to adopt or foster. When the new legislative framework is in place, it will be possible for any person to request an assessment of needs for adoption support at any time before or after an adoption order has been made. The trusts will be under a duty to undertake such an assessment if requested by a child who is to be adopted, their parents, prospective adopters, adopted adults or the adoptive parents and natural parents of adopted adults. In all other cases, the trust will have the discretion to decide whether to undertake an assessment. If, following that assessment, the trust decides that support services should be provided, it will be required to prepare a plan and keep it under review.”
“Officials will also look at whether there is read across with the 1923 Public Records Act — this touches on Mr Allister's point — and whether that may have implications for the development of the Bill or what may come in regulations.”
“It is important that I notify Members that, as of 31 March 2021, out of a total of 2,664 children placed with foster carers, 240 were placed with 197 independent sector foster carers. That compares with 2,219 foster carers registered with health and social care (HSC) trusts. <BR /> <BR />Ms Ní Chuilín asked detailed questions about the Bill. I have asked officials to review Hansard so that, when they come before the Committee, they will have detailed answers, especially regarding the language in clause 68(5)(a) about women who have reached the age of 55 and how that provision works.”
“Trusts that are notified of a private fostering arrangement must ensure that the welfare of the child is satisfactorily safeguarded and promoted and that advice is given to the private fosterer if the trust considers it to be needed. <BR /> <BR />The five trusts have responsibility for the welfare of all looked-after children in Northern Ireland. Each trust provides a fostering service in its area. Trusts' fostering functions include the assessment and approval of the majority of foster carers, including kinship carers, for the purpose of providing care to children who are looked after by the trust. They also monitor and review foster placements. The majority of children in foster care in Northern Ireland are placed with trust foster carers.”
“Private fostering is where a child under 16, or under 18 if disabled, is cared for by someone other than a parent, a relative or a person with parental responsibility for the child for more than 28 days. Although trusts do not place children in private foster care, they must be notified of such arrangements by the child's carer, parents or anyone else involved in the arrangements. As I outlined in my opening remarks, the Bill further strengthens the current duties and safeguards that are in place to protect children in private fostering by placing a duty on trusts to promote awareness in the area of requirements as to the notification of private fostering and by creating a power to make regulations that set out the actions that trusts must take if notified that a child is proposed to be privately fostered.”
“Any such amendments would have to be developed in close consultation with the Department of Education, which has lead responsibility for the 2015 Act. <BR /> <BR />Not only officials but the Chair of the Committee will have an indication of Ms Ní Chuilín's concerns about how much time will be needed to allow for the Bill's full scrutiny, and not just because of its size but because Members are seeking to strengthen it so that the child is put at its centre. <BR /> <BR />I touched on fostering when dealing with Ms Armstrong's contribution. Ms Ní Chuilín expanded on the issue by talking about private fostering and cross-border arrangements. Further points of clarification about private fostering may be of assistance.”
“My Department is of the view — this is supported by the Office of the Legislative Counsel (OLC) — that any new provision to establish a statutory children's partnership needs to be reconciled with the provisions in the Children's Services Co-operation Act 2015. That Act already requires statutory members of CYPSP children's authorities to cooperate with one another and children's service providers to improve the well-being of children and young people. It would be incongruous to introduce parallel legislation requiring the establishment of a partnership whose members are required to work together to improve children's well-being. We would simply be replicating an existing duty. The alternative would be to amend the 2015 Act to establish that priority.”
“That will allow time for the structures established under the children and young people's strategy to operate for a period, enabling the Department to assess both the role of the CYPSP in the structures and how its effectiveness might even be strengthened. Once that assessment has been made, the merits of establishing it in statute will be reconsidered. <BR /> <BR />To include such provisions in the Adoption and Children Bill at this late stage would be to risk delaying the Bill's passage and potentially prevent its receiving Royal Assent in the current mandate. With the agreement of other Departments, particularly the Department of Education, on the policy behind it, a separate strand of work could commence to develop a Bill for that purpose for introduction in the next mandate. That strand of work would need to be properly resourced.”
“If a father wishes to seek access or contact with a child in those circumstances, he will need to seek the leave of the court to apply for a contact order, and the child's welfare must be paramount in the consideration of the court when deciding whether to grant such leave or make such an order. <BR /> <BR />The final point that Ms Armstrong raised was about the regional Children and Young People's Strategic Partnership (CYPSP). She acknowledged that legislation other than what is specifically in this Bill would need to be changed. In working on the general principles of the Bill, my Department agreed with the Department of Education to delay the proposal to establish in statute the regional Children and Young People's Strategic Partnership.”
“The new standards for fostering services will be developed following the introduction of foster placement and fostering agency regulations. In the meantime, existing standards for foster care will continue to apply. <BR /> <BR />Ms Armstrong went on to raise an issue that her party colleague Ms Paula Bradshaw had raised with regard to rape and legal access to a child and the matter of parental consent in step-parent adoptions. There is no specific provision in the Bill on legal access to a child conceived as a result of rape, but existing legal provision is more likely than not to prevent legal access by a father to a child who was conceived as a result of a rape for which he was convicted.”
“As a result of insufficient time to consider the regulations in detail, the Committee Chair advised that the regulations should be brought back to the Committee in the following mandate. The then Health Minister was considering the draft regulations when the Assembly was dissolved in 2017. Given the passage of time since the original consultation, the intention is to undertake a short, targeted consultation on the draft regulations. That will make any changes necessary before submission to the Health Committee for scrutiny. I expect that the consultation will commence within the next two months. It is intended that, following consultation, the new regulations will be brought to the Health Committee for scrutiny in early 2022.”
“They also achieve alignment between the Children Order and the Children's Services Co-operation Act (Northern Ireland) 2015 (CSCA), not only by defining the well-being of looked-after children in terms of the CSCA but by emphasising the need for cooperation between trusts and other agencies with duties to and responsibilities for children, including the Education Authority and the Youth Justice Agency. Ms Brogan also raised that point. <BR /> <BR />Ms Armstrong also raised an issue on fostering regulations, following on from Mr Butler's personal experience. The new foster placement and fostering agency regulations were developed and consulted on in 2014. They received the broad support of stakeholders. Following consultation, new regulations were drafted and tabled on 9 March 2016 for scrutiny by the Health Committee.”
“They include having and promoting high aspirations for them, delivering safety and stability for them and preparing them for adulthood and independent living. Trusts will have a legal and moral duty to enhance each child's quality of life and keep them safe, ensuring that they receive the opportunities and life chances that any good parent would seek for their child. <BR /> <BR />The principles capture in one place the duties of our trusts under the Children (Northern Ireland) Order 1995.”
“It is an indication of travel. The Member has heard me talk many times about how we can regionalise health services on a single basis. It is a direction of travel that the Bill, once it receives Royal Assent, will allow. The next holder of this office can then take that direction of travel; the Bill facilitates it. The Bill also allows trusts to work together on how they can more effectively and efficiently support children who can be adopted and parents who want to adopt so that there is consistency across the patch. <BR /> <BR />Ms Armstrong raised the issue of corporate parenting. The Bill introduces in law a set of principles, referred to as "corporate parenting", that trusts must follow when looking after children in care.”
“Regionalising aspects of the service could promote greater efficiency, more equal access to services and, as the two Members who raised the issue said, consistency of service and of user experience.”
“I am willing to consider that point, particularly if it helps to deliver a more effective adoption process that has the right balance between safeguarding children and supporting prospective adopters throughout the process. It is an option for consideration, because I want to make the Bill as strong and supportive as possible for children who might benefit and for those who want to adopt. <BR /> <BR />Ms Armstrong and Mr Allister are not often on the same page, but they each mentioned the five authorities. We are starting with five authorities based on the five trust areas. However, the Bill gives the Department a power to make regulations to enable some adoption functions or services to be undertaken or delivered regionally, for example by one trust on behalf of another trust or on behalf of the entire region.”
“As I said in my opening statement, the current law on who can make an application to adopt has been carried through in the Bill. Applications can be made by single people or couples, including married couples, civil partners or two people living as partners in an enduring family relationship. Applications can be made by men or women, including those in same-sex relationships. That was addressed by the courts a number of years ago as a result of a judicial review. Since the eligibility criteria were changed in 2013, the numbers have shown that adopters come from a range of backgrounds, reflecting the breadth of the designated criteria. <BR /> <BR />On that point, I refer to Ms Kellie Armstrong and Mr Jim Allister's question on whether clause 56 should be negative or affirmative.”
“The Bill contains a power to specify that certain categories of people, however, must be provided with special guardianship supports where they are assessed to be needed. <BR /> <BR />Mr Butler gave a personal contribution about his fostering and adoption experience. Many people in this place often forget that we bring personal experience to the legislation that we make. Mrs Cameron and Ms Armstrong talked about the challenges of a process that should not be challenging. As Mr Allister said and Mr Butler reiterated, it is about the power not just to make adoption right for people but to enable a child and a family to be wholesome and to provide support for a child when it is needed and a loving family to support the child. <BR /> <BR />Ms Cara Hunter raised the issue of the Bill's definition of individuals.”
“The Deputy Chairperson acknowledged the importance of special guardianship orders (SGOs), as did Mr Butler. I reinforce the point about the SGO's discretion to undertake assessments and provide services. Children's support needs will be assessed as part of the detailed suitability report that trusts must provide to the court when an application for an SGO has been made. Although there is no duty on trusts to conduct an assessment on request, the Bill provides a power to specific categories of people in respect of whom a trust must undertake an assessment of needs, if requested. Once an assessment of needs has been undertaken, the trust will decide whether to provide the support that has been assessed to be needed.”
“My Department will develop a mechanism for capturing and monitoring the provision of support to determine whether, at a future point, to use the new power to prescribe categories of persons to whom a trust must provide such support. Individuals will be entitled to raise any issues or make a complaint to their trust about the adoption support services that they have or have not received. The independent advocacy service will be available to support any child making such representations or complaints.”
“Most kinship care in Northern Ireland is informal, with limited or no trust involvement. Ms Ní Chuilín covered that, and I will cover it when I get to her points. <BR /> <BR />I will move on to points raised by the Deputy Chair of the Health Committee, Mrs Pam Cameron, and reiterated by Mr Robbie Butler about adoption support and providing services that have been "assessed as needed". Initially, a trust will have the discretion to decide in all cases whether to provide services that have been assessed as needed. The Bill will also provide a power for the Department to specify by way of regulation certain categories of people to whom the trust must provide the support that has been assessed as needed.”
“<BR /> <BR />The definitions of "ill-treatment" and "abusive behaviour" and whether they can be fully aligned require further careful consideration, but I have asked my officials to explore that further with Department of Justice officials and counsel with a view to tabling any amendment during Consideration Stage of the Bill. <BR /> <BR />I will turn to further points raised by the Chair and Ms Kellie Armstrong about support for kinship care arrangements under the Bill. The point was made that kinship care requirements should be supported. Kinship care is when a child is looked after by a relative or family friend who has a prior connection to the child. Kinship care can be formal, where a friend or relative has been approved as the child's authority foster carer, or informal.”
“As a result, courts, police and authorities will be required to consider the effect on a child of witnessing domestic abuse when making critical decisions about the child's care. The amended definition of "harm" in the Bill is broadly in line with the Domestic Abuse and Civil Proceedings Act 2021 in how it recognises the impact of domestic violence on children who witness it. The Act recognises it as an "aggravating factor", and the Bill recognises it as "harm". It is accepted that the Bill and the Act could be further aligned in that respect.”
“<BR /> <BR />A point about the definition of "harm" was raised by the Chair and reiterated by a number of other Members. There is provision in the Bill to amend the definition of "harm" in the Children Order to include a child being witness to or:”
“Any changes to the law on that area would require engagement with the Government of the Republic of Ireland and would have implications for each country's commitment under the Hague convention on the protection of children and cooperation in respect of inter-country adoption. I am committed to ensuring that all adoptions, domestic or inter-country, are conducted in the child's best interest. To that end, I am prepared to consider measures for improving the process for adoptions between Northern Ireland and the Republic of Ireland subject to them being consistent with the rights and welfare of the child being adopted and to our commitments under international law. I emphasise that I do not foresee any circumstances in which a kinship carer who provides a home to a child through inter-country adoption will be charged a fee.”
“The protocol provides a framework to assist relevant social work authorities in Northern Ireland and the Republic of Ireland to work together on children and/or families known to social services and who move or are placed across the border. That includes children known to social services who are in need; the subject of child protection assessments or investigations; on the child protection register or child protection notification system; subject to public law orders, voluntary accommodation arrangements or placements for therapeutic or assessment purposes; or recorded as missing. <BR /> <BR />I confirm that adoptions of children between Northern Ireland and the Republic of Ireland are conducted in accordance with international agreements and conventions. Those are enshrined in Northern Ireland law.”
“Additional funding will be sought as part of the spending review process, taking account of the timescales for phased commencement and the implementation of provisions once the Bill receives Royal Assent. <BR /> <BR />A number of Members raised the cross-border placement and inter-country adoption of children between Northern Ireland and the Republic of Ireland. Child cases that have an inter-jurisdictional or cross-border dimension must be handled in compliance with international and domestic law. There is a North/South protocol for handling such cases that has been in place since 2011. It was reviewed most recently in 2021, and the revised protocol came into effect on 1 August this year.”
“<BR /> <BR />The Committee Chair raised the issue of the cost of implementing the Adoption and Children Bill. My Department has estimated that the total cost over three years will be £38·8 million: £17·5 million to support implementation of the adoption provision and £19·5 million to support implementation of the wider children's provision, with the remaining costs relating to training, updating systems, and costs to other Departments and agencies. That issue was also raised in relation to training for the Courts and Tribunals Service. <BR /> <BR />In year 1, estimated combined costs will be £13·9 million, with recurrent costs of £12·6 million in year 2 and £12·3 million in year 3. The costs are not expected to begin to be incurred until 2023-24 at the earliest.”
“<BR /> <BR />We engaged with stakeholders throughout the development of the Bill, particularly in recent weeks to ensure that we will be ready to respond as efficiently and effectively as possible to any issues that they might wish to raise in evidence to the Committee. That is why some of today's detailed questioning was useful. <BR /> <BR />I thank the Committee and the Speaker for their agreement, in recognition of the challenging time frame for scrutiny of the Bill, to publish the final version of the Bill, and the explanatory and financial memorandum, prior to its introduction. That was to give Members, stakeholders and the public as much time as possible to consider its content. We also provided Committee members with a comprehensive summary of the Bill at that stage, again to assist with the early scrutiny.”
“I thank the Member for that. Comments were made by me, the Member and the Chair of the Committee with regard to what we are hearing today but also what the Bill brings about and how it can be utilised to help those people who were so sadly wronged by the state, the Church, and society in general at that point. <BR /> <BR />I turn now to comments on the general principles of the Bill that were discussed and to points raised, initially by the Chair of the Committee and then a number of Members, about the challenging timescales for the Bill. I realise that the time frame is now extremely challenging. My officials will work closely with Assembly and Committee officials to identify and address, at the earliest possible stage, any issues that might arise in order to minimise the risk of delay.”
“That includes the difficulties experienced by some in obtaining access to their adoption records and inconsistency in practice across trusts. To address those issues and to provide greater clarity on the issue of disclosure, work is under way to develop guidance for adoption agencies on the disclosure of adoption records held by them. That work is being taken forward on a co-design basis, with survivors of the institutions working alongside social workers. <BR /> <BR />I will now turn to comments and points raised —.”
“<BR />This afternoon, with the First and deputy First Ministers, I will meet the panel to discuss the report, its findings and its recommendations and to fully understand the thinking behind them. Those were truly shameful events, which were allowed to happen by the state, by Church and by wider society. Those women and, now, adult children deserve to have their stories told, and the truth recovery design panel was established to facilitate that. I welcome the publication of today's report. <BR /> <BR />At this stage, I know that the panel has made five recommendations. One relates to access to records and their statutory preservation. Access to records has emerged as a matter of particular concern for victims and survivors of mother-and-baby institutions and Magdalene laundries.”
“There has been a thorough and detailed debate, not just on the general principles of the Bill but on its core principle of putting the child at the centre. <BR /> <BR />Before I move to that, a number of Members raised the matter of mother-and-baby institutions, the disclosure of information and access to the report that was produced today. In response to the queries about the disclosure of information and access to adoption records, I can advise Members that the truth recovery design panel has published its report and recommendations today. The panel was established in April, following a decision by the Executive to undertake a future independent investigation into historical mother-and-baby institutions and Magdalene laundries. The investigation was co-designed with victims and survivors.”
“I thank the Members who have contributed to the debate for their remarks. It is clear from today's debate that we all agree that the permanence of arrangements for children and young people, particularly those who cannot remain at home, and their families are of the utmost importance. As corporate parents, we want to do the best we can for the children in our care and for those who have left our care. I, therefore, look forward to progressing the Bill through the House to enable my Department to start the detailed and substantial work required to give effect to its provisions. <BR />Mr Deputy Speaker, with your indulgence, I will turn to comments made by a number of Members across the House.”
“I hope that the Member has brought that to the appropriate authorities, if she is aware of it.”
“It will also give those who offer a permanent family home to children, and who might otherwise be denied that opportunity, the confidence that their commitment will be matched by a commitment to properly support them.”
“Following the successful enactment of the Bill, implementation will be on a phased basis from 2023. <BR /> <BR />I am proud to be able to introduce the Bill in the House, and I commend it to Members. It is long awaited and much needed to better serve the needs of some of the most vulnerable children in Northern Ireland, and it is even more important as the number of vulnerable children continues to grow. I am in no doubt that the Bill's provisions will improve outcomes for them. It will keep them safer, improve their life opportunities and, importantly, give them access to family, with the comfort of knowing that it is intended to be permanent and that everything possible that can be done will be done to make it work.”
“They deal with the registration of adoptions; the disclosure of birth records by the Registrar General; minor and consequential amendments; transitional and transitory provisions; and savings and repeals. <BR /> <BR />I thank everyone for their patience while I provided the overview of the main provisions. I hope that Members will agree that it is vital that this substantial and complex legislation proceeds in order to enable us to achieve the adoption reform that is required and strengthen the support and services for children in need, children who need to remain in care and our care leavers. The work is only beginning. The Bill provides the overarching framework. Most of the operational detail will be set out in a substantial number of statutory rules and guidance.”
“Currently, any person who proposes to foster a child privately is required by law to notify the appropriate trust before the arrangement commences. However, to date, no such notifications have been received. The Bill will introduce a new duty on trusts to raise public awareness of the requirement to notify the trusts of such arrangements. My Department is currently required to produce an annual report on the operation of the Children Order. Taking into account the other reporting mechanisms that we have, which are now well established and working well, it is considered that the production of a report under the Children Order would replicate or duplicate other reporting mechanisms. The duty in the Children Order will therefore be repealed. <BR /> <BR />Finally, the Bill contains five schedules.”
“The Northern Ireland Guardian Ad Litem Agency will be known as the Children's Court Guardian Agency for Northern Ireland. The services provided will not differ, but the proceedings in which a children's court guardian are required to be appointed will be extended to include applications for the making of, or the revocation of, an adoption placement order, orders for contact during placement for adoption and applications for the making of a special guardianship order in respect of a child who is subject to a care order. <BR /> <BR />The Children Order will also be amended to enable children's court guardians to be directly employed and appointed by the courts to represent children in family law proceedings.”
“The definition of "family proceedings" will also be amended to include proceedings for female genital mutilation (FGM) protection orders. As a result, a court, when dealing with an application for an FGM protection order, will be able to make other orders at the same time to protect a child. They include an interim care order, a care order or a supervision order, and that change will enable a court to act quickly and effectively to protect girls who are at risk of FGM. <BR /> <BR />The guardian ad litem, who represents the interests of children in specified proceedings, will be renamed the children's court guardian. That will, among other things, address the concerns that children and young people had about the current title.”
“<BR /> <BR />The Bill makes other, miscellaneous amendments to the Children Order. The definition of "harm" will be amended to cover harm caused to a child from seeing or hearing the ill treatment of another person. As a result, courts, police and trusts will be required to consider the effect on a child of witnessing domestic abuse when making critical decisions about his or her care or upbringing.”
“<BR /> <BR />Under the Bill and where required, special guardians and the children for whom they care will be provided with support. That is similar to adoption. There will be a right to request an assessment of need for SGO support services. Support will include counselling, advice and information and financial support. Regulations will set out additional support services that are to be made available. It is anticipated that they may include mediation to assist with contact arrangements; access to support groups and therapeutic services; and training for the special guardian to meet the needs of the child. We are in no doubt that the introduction of the additional order will enable some children and young people to exit the care system, with relevant support and assistance continuing to be provided to them and their special guardians.”
“Those additional residence requirements have been introduced to ensure that, before an SGO is made, the child has lived with the proposed special guardian for long enough to enable a proper assessment to be made of whether the arrangement is in the child's best interest and more likely than not to work for them and their carers. <BR /> <BR />Trusts will be required to prepare a court report about an applicant's suitability to be a special guardian. That includes any support that will be required. It is anticipated that, for looked-after children, regulations will place a requirement on trusts to submit reports to a panel for review. That will be done prior to submitting the report to court in order to ensure that a robust and comprehensive assessment has been carried out.”
“An SGO will offer a new option for those children and young people. Unlike the position with residence orders, special guardians will have full parental responsibility for the child's day-to-day care, and, unlike the position with adoption, the legal ties between the child and their birth family will remain in place. While the Bill's SGO provisions are similar to those in operation in England and Wales, we have strengthened some of the requirements, including the requirement that the child has to have lived with the person for at least one year before that person can apply for an SGO.”
“<BR /> <BR />A special guardianship order is a new order that is being introduced in Northern Ireland, although SGOs have been operating in England and Wales since 2005. The options currently available to children and young people to leave care include going home to their parents, living with family under, for example, a residence order and adoption. We know that adoption is not suitable for all children. For example, an older child may not want to be legally separated from birth parents, even though that child may not want to or be able to live with them. Moreover, with support and greater legal certainty, some children may be able to be cared for on a permanent basis by members of their wider family. At present, permanence and legal certainty outside of the care system can be offered to children only by way of adoption.”