An update on the Ofsted regulations that obstruct counselling for adoptees in the UK

Jun 24

Jun 24 An update on the Ofsted regulations that obstruct counselling for adoptees in the UK

An update on the push for changes to the regulations that obstruct counselling support for those affected by adoption.

For those of you who may not be aware – there have been obstructive restrictions in place for many years in the UK, that dictate who and who can not offer counselling support to those adults affected by adoption.

As it currently stands, young adoptees up to age 21 (25 in special circumstances) can access counselling with specific counsellors - who have completed specific costly training with a few specific providers (that’s a lot of specifics right there) and who are registered with Ofsted (as this work comes under the Department of Education). This counselling is available to support families with adoptees and I wholeheartedly agree that this group should be protected by regulations and that indeed adoption-specific training is necessary and beneficial. So far so good. The problem here, is that adult adoptees and birth mothers who had to have their babies adopted – also come under this regulation.

Why is this a problem? Well – due to the costs, limited availability and the whole procedural machine that is entailed with Ofsted regulations – hardly any independent counsellors undertake this costly training - or have the will to create the processes and procedures required to meet Ofsted standards (hats off and thanks to the few committed souls who have by the way).

So – Ofsted registered counsellors are a rare breed and availability is very patchy around the UK. I researched provision in the North and searched all counties between Birmingham and the borders of Scotland and only found 7 Ofsted registered counsellors listed – that’s for half the country! I’m sure there is more provision in London and the South but this paucity of provision across the UK makes finding support incredibly difficult (happily on-line working eases this situation somewhat).

We have been doing what we can to get these restrictive regulations changed so that more adoptees and birth mothers can access the counselling support they need. We have badgered Ofsted (thanks go to Matthew Brazier who has been super-helpful and supportive) and generally made noise about this and have created our own support streams via blog posts, webinars and adult adoptee peer- support groups. So far so stuck. However – the GOOD NEWS is in!!

On May 25th 2022, there was a meeting in Parliament took place between The Joint Committee on Human Rights and representatives of the government – namely Mr. Nadhim Zahawi The Secretary of State for Education and Sarah Jennings the Deputy Director of Adoption, Family Justice and Care leavers, also from the department of Education.

The chair was Harriet Harman. The case put forward by the committee was entitled ‘A Right to a Family Life’ and covered the experience of unmarried women who had to give up babies for adoption between 1949-1976. (Bear with me here, adoptees are included too).

I have copied the exchange that occurred towards the end of the meeting that is relevant to adult adoptees below, If you would like to watch the whole meeting (it was actually more interesting than I expected) you can find it on line at Parliament TV Live – Wednesday 25th May 3.15- 4.08 pm, The Human Rights Joint Committee, ‘A Right to a Family Life: the adoption of children of Unmarried women 1949-1976’.

This is the exchange that relates to adult adoptees:

Sarah Jennings: Thank you, Baroness, for the question. The Secretary of State was just beginning to touch on the issue that we know has been raised through evidence to this inquiry about the barriers to accessing support because of the requirement that professionals providing therapy and support that relates to adoption services must be registered with Ofsted. We are aware that this has been raised as one of the reasons why people are struggling to access support. I think the Secretary of State was just going on to say that this is an issue that we are very keen to look at.

Nadhim Zahawi: Currently, the requirement that services are Ofsted registered can be a barrier to adult adoptees accessing and receiving support. I want to try to get rid of any bureaucratic barriers where this will, I hope, improve service delivery. However, we need to be careful that we do not sacrifice quality, which cannot be compromised in any way. I will give you my commitment and pledge that my officials will look at the options as to how we do this. We will consult very shortly on removing the requirement for providers of support services for adult adoptees having to register with Ofsted. In practice, that should make it much easier, and also more cost effective, for these providers to run their businesses. It will mean that support is more accessible for the adults who need it.

Baroness Ludford: I am a Liberal Democrat Member of the House of Lords. You have pre-empted my question. Like others, I appreciate the empathy that you have shown, referring to injustices and pain, and to the huge and unending suffering from these traumatic experiences. You have emphasised the importance of the ability to access therapeutic counselling and say that you want to try to get rid of the bureaucratic hurdles of the Ofsted registration process without compromising quality, and that you are going to consult. First, can you give us an idea of timescale of that consultation? Was it already in the pipeline before this 11 Oral evidence: The right to family life: adoption of children of unmarried women 1949-1976 inquiry prompted you to think about that? Secondly, does removing altogether the need to register with Ofsted contain some dangers of quality dilution?

Nadhim Zahawi: Baroness Ludford, thank you for the question. Because it is a regulatory matter, we need to consult on it. However, we have been following your deliberations and evidence here as well. When I looked at this with my officials, we thought that we should move on it quite quickly because it is something that we should be able to do reasonably well and rapidly, and in a way that does not compromise quality. I think we can do that, and it will, I hope, inject more capacity in the system.

Sarah Jennings: We are already in active discussions with Ofsted colleagues about it. I think your point about the balance of risk and how to avoid compromising quality, as the Secretary of State alluded to, is why we are very keen to make sure that we consult and that we balance those risks and seek views from the sector as well.

Baroness Ludford: Will that be soon?

Sarah Jennings: I hope so.

Chair: There have clearly been decades of unmet need in this respect and obviously you are addressing it now, as you have told us. Do you have a budget for this? Are you confident you will be able to resource this?

Nadhim Zahawi: I think so. My department will be spending £86 billion a year by 2024. It is a big department and I think we can do this and do it well.

Chair: Perhaps when you write to us you can give us a sense of whether there will be any ring-fenced budget of any sort and what sort of scale it might be on. For these services to be high quality and accessible to those who need them, there obviously need to be funding streams behind them.

Nadhim Zahawi: I do not want to repeat myself and repeat the numbers, but I can send you the numbers on the increased investment in the NHS that I outlined earlier.

(Joint Committee on Human Rights Oral evidence: The right to family life: the adoption of children of unmarried women 1949-1976, HC 270 Wednesday 25 May 2022 Watch the meeting Members present: Ms Harriet Harman MP (Chair); Joanna Cherry MP; Baroness Chisholm of Owlpen; Lord Dubs; Florence Eshalomi MP; Lord Henley; Baroness Ludford; Baroness Massey of Darwen; Dean Russell; David Simmonds MP; Lord Singh of Wimbledon. Questions 25 - 34 Witnesses I: Nadhim Zahawi, Secretary of State, Department for Education; Sarah Jennings, Deputy Director of Adoption, Family Justice and Care Leavers, Department for Education)

So – watch this space! Fingers crossed we will be reporting changes that affect adult adoptees sooner rather than later, although I do fully recognise that there is still a need for training so that counsellors fully understand the trauma and difficulties associated with adoption. Change must come, but it must be achieved with checks and safeguards in place to ensure that when we do get counselling – it is of the highest quality and meets the needs of adoptees and birth mothers who have suffered for too long. (Side note from Claire: this training should not be written by an adoptive parent, as we believe the current training provided by Barnardo’s is!)

- update from Gilli Bruce