Family and Friends Care Policy
Children Act 1989: Family and Friends Care: Statutory Guidance for Local Authorities about family and friends providing care for children who cannot live with their parents.
Family Rights Group, Initial Family and Friends Care Assessment: A Good Practice Guide outlines what a viability assessment for family and friend carers should look like, what social workers should consider and how to undertake international assessments.
AMENDMENTIn January 2022, this chapter was revised. A new Section 7, Education was added and information was added on the School Admission Code.
Children may be brought up by members of their extended families, friends or other people who are connected with them for a variety of reasons and in a variety of different arrangements.
This policy sets out the local authority's approach towards promoting and supporting the needs of such children and covers the assessments which will be carried out to determine the services required and how such services will then be provided.
According to the Family and Friends Care: Statutory Guidance for Local Authorities:
'4.8 Policies should be based on evidence of what works in supporting family and friend's carers to meet children's needs, and knowledge of the services which carers and children want to be available to them. Authorities must consult children and young people, family and friend's carers and parents as appropriate in drawing up their policies and set out how policies have been informed by their views' (DfE, P. 22).
For this policy to meet the needs of the families, friends and children and to offer the information necessary to ensure they have knowledge of the services available to them, a review of the most recent complaints and compliments received by Kent County Council has been completed (data from 01.04.17-20.06.18).
The manager with overall responsibility for this policy is the Assistant Director for Corporate Parenting.
This policy will be regularly reviewed and made freely and widely available.
2. Values and Principles
Consideration of children's welfare and best interests will always be at the centre of the work we do.
It is an underlying principle that children should be enabled to live within their families unless this is not consistent with their welfare. We will therefore work to maintain children within their own families, and facilitate services to support any such arrangements, wherever this is consistent with the child's safety and well-being. This principle applies to all children in need, including those who are looked after by the local authority. Where a child cannot live within his or her immediate family and the local authority is considering the need to look after the child, we will make strenuous efforts to identify potential carers within the child's network of family or friends who are able and willing to care for the child.
We will provide support for any such arrangements based on the assessed needs of the child, not simply on his or her legal status, and will seek to ensure that family and friends carers are provided with support to ensure that children do not become looked after by the local authority, or do not have to remain looked after longer than is needed. We will provide support and training in ways that are appropriate and encouraging for family and friends carers.
3. Legal Framework
The local authority has a general duty to safeguard and promote the welfare of Children in Need* living within its area and to promote the upbringing of such children by their families. The way in which we fulfil this duty is by providing a range and level of services appropriate to those children's assessed needs (Section 17, Children Act 1989).It is important to note that the local authority does not have a general duty to assess all arrangements where children are living with their wider family or friends network rather than their parents but it does have a duty where it appears that services may be necessary to safeguard or promote the welfare of a Child in Need.
*A Child in Need is defined in Section 17(10) of the Children Act 1989 as a child who is disabled or who is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by the local authority.To clarify the children who may come within the definition of Children in Need, the local authority has drawn up a 'Threshold to Children's Social Care Services' document, which is available through the Kent Safeguarding Children Multi-Agency Partnership (KSCMP) website.
Children in Need may live with members of their family or friends in a variety of different legal arrangements, some formal and some informal. Different court orders are available to formalise these arrangements.
Looked after children will always come within the definition of Children in Need, whether they are accommodated under Section 20 of the Children Act 1989 (with parental consent) or in care subject to a Court Order whereby the local authority shares parental responsibility for the child. The local authority has a responsibility wherever possible to make arrangements for a looked after child to live with a member of the family (Section 22 of the Children Act 1989).
For a detailed summary of the meaning and implications of different legal situations, the rights of carers and parents, and the nature of decisions which family and friends carers will be able to make in relation to the child, please see Annex A: Caring for Somebody Else's Child - Options. Section 4, Different Situations whereby Children may be Living with Family and Friend Carers, which sets out the local authority's powers and duties in relation to the various options.
In relation to financial support, the local authority may provide carers of children in need with such support on a regular or one-off basis, under Section 17 of the Children Act 1989. This may include discretionary funding based upon a financial means test. However, the status of the placement will determine the nature and amount of the financial support and who can authorise its payment. The legal status of the child may have a bearing on the levels of financial support which may be available to carers, however. There are different legislative provisions which apply to financial support for children living with family or friends in looked after/adoption/special guardianship/Child Arrangements Order arrangements. The following sections of this policy set out the financial support that we may provide to family and friends who are caring for children in these different contexts.
4. Different Situations whereby Children may be Living with Family and Friends Carers
4.1 Informal family and friends care arrangements
Where a child cannot be cared for within his or her immediate family, the family may make their own arrangements to care for the child within the family and friends network.
The local authority does not have a duty to assess any such informal family and friends care arrangements, unless it appears to the authority that services may be necessary to safeguard or promote the welfare of a Child in Need. In such cases, the local authority has a responsibility under Section 17 of the Children Act 1989 to assess the child's needs and provide services to meet any assessed needs of the child. Following assessment, a Child in Need Plan will be drawn up and a package of support will be identified. This can comprise a variety of different types of services and support, including financial support.
Parental responsibility remains with the birth parents, but the carer may do what is reasonable to safeguard or promote the child's welfare.
See Financial Assistance Section 17 (s17) Children Act 1989 Procedure for details about the provision of financial assistance Section 17 payments. It should also be read in conjunction with Financial Assistance for a Child in Need Section 17 Children Act 1989: Practice Guidance for Social Work Staff.
4.2 Private fostering arrangements
A privately fostered child is a child under 16 (or 18 if disabled) who is cared for by an adult who is not a parent or close relative, where the child is to be cared for in that home for 28 days or more. Close relative is defined as 'a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent.' It does not include a child who is Looked After by a local authority. In a private fostering arrangement, the parent still holds parental responsibility and agrees the decision-making arrangements with the private foster carer.
The local authority has a duty to assess and monitor the welfare of all privately fostered children and the way in which they carry out these duties is set out in the Children (Private Arrangements for Fostering) Regulations 2005. However, the local authority may also become involved with a child in a private fostering arrangement where the child comes within the definition of a Child in Need. In such cases, the local authority has a responsibility to provide services to meet the assessed needs of the child under Section 17 of the Children Act 1989. Following assessment, a Child in Need Plan will be drawn up and a package of support will be identified. As in 4.1 above, this can comprise a variety of different types of services and support, including financial support.
4.3 Family and friends foster carers – 'Connected Persons'
Where a child is looked after by the local authority, we have a responsibility wherever possible to make arrangements for the child to live with a member of the family who is approved as a foster carer (Section 22 of the Children Act 1989). The child can be placed with the family members prior to such approval, subject to an assessment of the placement, for up to 16 weeks. This temporary approval can only be extended in exceptional circumstances. In this context the carer is referred to as a Connected Person and the process of obtaining approval for the placement is set out in the Placement with Connected Persons Procedure. Where temporary approval is given to such a placement under the procedure, the carers will receive financial support on a regular basis. This may cover placements at very short notice.
Connected persons carers may undertake the training that is offered to all Kent foster carers. This includes the Skills to Foster training along with the initial and core training. Where this is completed the full fostering payment (i.e. maintenance and fee) will be made. If training is not undertaken, then the maintenance payment in accordance with the age of the child will be made. For more information please see Payments (Kent Fostering website).
In addition, the child will have a placement plan which sets out the specific arrangements surrounding the child and the carers including the expectations of the foster carers and the support they can expect to receive to enable to fulfil their responsibilities for the child.
The assessment and approval process for family and friends who apply to be foster carers for a specific Looked After child will be the same as for any other foster carer except that the timescales for the assessment are different where a child is already in the placement as indicated above. In all other respects the process is the same as for any other potential foster carers and is set out in the Assessment and Approval of Foster Carer Procedure. An information pack will be available to potential foster carers about the process and they will be given the name and contact details of the social worker from the Fostering Service allocated to carry out the assessment.
Connected persons will be required to meet the same rigorous standards as mainstream applicants although there is some discretion within the assessment for these carers where it is in the interest of the child for whom they wish to care.
They will be treated with respect, and an acknowledgement of the difficulties the family situation which has led to the child becoming looked after.
Once approved as foster carers, they will be allocated a supervising social worker from the fostering service to provide them with support and supervision; and they will receive fostering allowances for as long as they care for the child as a foster carer.
While the child remains a looked after child, as a foster carer, they will be expected to cooperate with all the processes that are in place to ensure that the child receives appropriate care and support, for example, contributing to reviews of the child's Care Plan, cooperating with the child's social worker and promoting the child's education and health needs.
Authority for day-to-day decision making about the child should be delegated to the carer(s), unless there is a valid reason not to do so.
4.4 Child Arrangements Order
A Child Arrangements Order is a Court Order which sets out the arrangements as to when and with whom a child is to live, spend time or otherwise have contact.
These orders replace the previous Contact Orders and Residence Orders.
A Child Arrangements Order may give parental responsibility to the person in whose favour it is made. Parental responsibility is shared with the parents.
Authority for day-to-day decision making about the child should be delegated to the carer(s), unless there is a valid reason not to do so.
Child Arrangements Orders may be made in private family proceedings in which the local authority is not a party nor involved in any way in the arrangements. However, a Child Arrangements Order in favour of a relative or foster carer (who was a 'Connected Person') with whom a child is placed may be an appropriate outcome as part of a permanence plan for a Child in Need or a 'Looked After' child.
The local authority may pay Child Arrangements Order Allowances to relatives or friends, unless they are a spouse or civil partner of a parent, with whom a child is living under a Child Arrangements Order. This is set out in paragraph 15 of Schedule 1 of the Children Act 1989, however this is discretionary.
See the local authority's Special Guardianship Order and Child Arrangements Order Allowances Procedure for details of what financial assistance may be available to holders of Child Arrangements Orders, the applicable criteria and who within the local authority will make decisions under the policy.
4.5 Special Guardianship Order
Special Guardianship offers a further option for children needing permanent care outside their birth family. It can offer greater security without absolute severance from the birth family as in adoption.
Relatives may apply for a Special Guardianship Order after caring for the child for one year. As Special Guardians, they will have parental responsibility for the child which, while it is still shared with the parents, can be exercised with greater autonomy on day-to-day matters than where there is a Child Arrangements Order.
Special Guardianship Orders may be made in private family proceedings and the local authority may not be a party to any such arrangements. However, a Special Guardianship Order in favour of a relative or foster carer (who was a 'Connected Person') with whom a child is living may be an appropriate outcome as part of a permanence plan for a Child in Need or a 'Looked After' child.
Where the child was Looked After immediately prior to the making of the Special Guardianship Order, the local authority has a responsibility to assess the support needs of the child, parents and Special Guardians, including the need for financial support.
See also the local authority's Adoption Order, Special Guardianship Order and Child Arrangements Order Allowances Procedure for details of what financial assistance may be available to holders of Special Guardianship Orders and Special Guardianship Orders Guidance for the applicable criteria and who within the local authority will make decisions under the policy.
4.6 Adoption Order
Adoption is the process by which all parental rights and responsibilities for a child are permanently transferred to an adoptive parent by a court. As a result the child legally becomes part of the adoptive family.
An Adoption Order in favour of a relative or foster carer (who was a 'Connected Person') with whom a child is living may be an appropriate outcome as part of a permanence plan for a Child in Need or a 'Looked After' child.
Local authorities must make arrangements, as part of their adoption service, for the provision of a range of adoption support services. They then have to undertake assessments of the need for adoption support services at the request of the adopted child, adoptive parents and their families, as well as birth relatives. The support required is then set out in an Adoption Support Plan and this may include financial support.
See also the local authority's Adoption Order, Special Guardianship Order and Child Arrangements Order Allowances Procedure for details of what financial assistance may be available to holders of Adoption Orders and the local authority's relevant procedure for details of the applicable criteria and who within the local authority will make decisions under the policy.
5. Provision of Financial Support - General Principles
There are three categories of payment, which may be considered. One or more of these may be applicable, depending on the particular circumstances of the case:
- Subsistence crisis (one-off) payments
These should be used to overcome a crisis, following the best assessment that can be achieved in the circumstances;
These are for such items as clothing, furniture, or bedding. The social worker must be satisfied that the carers' financial position justifies the payment through a financial assessment. Assistance may be given subject to conditions, including repayment in certain situations. However, in most situations, it will be inappropriate for the Department to seek to recover money provided under these circumstances;
- Weekly living contribution
It is possible for the local authority to make regular payments where family members or friends care for a child whether or not the child is not Looked After. Where regular payments are to be made, relative carers should be assisted to maximise their Income/Benefit as regular payments may adversely affect an individual's claim to income support.
In all cases where regular financial support is agreed, a written agreement will be drawn up detailing the level and duration of the financial support that is to be provided, and the mechanism for review.
The following criteria will be applied to all such payments:
- The purpose of the payments must be to safeguard and promote the welfare of the child and in line with Legislative expectations depending on circumstances;
- As part of the assessment, a view should be taken as to whether the carers need financial support based on their reasonable requirements in taking on the care of the child;
- There are no other legitimate sources of finance;
- Payments will be paid to the carer, not the parents;
- The payment would not place any person in a fraudulent position.
The authority works with landlords to ensure that, whenever possible, family and friends carers living in social housing are given appropriate priority to move to more suitable accommodation if this will prevent the need for a child to become looked after.
From 1 September 2021, the School Admissions Code provides that children being raised by family and friends carers under a Special Guardianship Order or Child Arrangements Order, who struggle to get a school place during the year, will be supported in finding one.
8. Supporting Contact with Parents
The authority is under a duty to promote contact for all Children in Need, although this differs depending on whether or not the child is Looked After.
Where the child is not Looked After, we are required to promote contact between the child and his/her family 'where it is necessary to do so in order to safeguard and promote his or her welfare'. As part of the support arrangements, it may be identified that specific assistance is required to ensure that any such contact can be managed safely. If necessary, information will be made available to family and friends carers about local contact centres and family mediation services, and how to make use of their services.
Where a child is Looked After, we are required to endeavour to promote contact between the child and his or her family 'unless it is not practicable or consistent with the child's welfare'. The overall objective of the contact arrangements will be included in the child's Care Plan and the specific arrangements will be set out in the child's Placement Plan - see the local authority's Contact with Parents/Adults and Siblings Procedure.
9. Family Group Conferences
Family Group Conferences are meetings held between professionals and family members, which aim to achieve the best outcomes for children. They promote the involvement of the wider family to achieve a resolution of difficulties for Children in Need and may help to identify short-term and/or permanent solutions for children within the family network.
We will offer a Family Group Conference or other form of family meeting at an early stage. If a child becomes Looked After, perhaps following an emergency, without a Family Group Conference having been held, then (where appropriate) we will arrange one as soon as possible.
The process is set out in the local authority's Policy and Guidance for Using Family Group Conferences in Children's Social Services.
10. Complaints Procedure
Where a family or friends carer is not satisfied with the level of support provided to enable them to care for the child, then they have access to the local authority's complaints process. Our aim would be to resolve any such dissatisfaction without the need for a formal investigation but where an informal resolution is not possible, then a formal investigation will be arranged.
The timescales and process are set out in the Complaints and Representations Procedure.
Annex A: Caring For Somebody Else's Child - Options
Annex B: Local Sources of Information
ANNEX B – Local Sources of Information for family or friends caring for children
Action for Prisoners' Families - to follow
Works to reduce the negative impact of imprisonment on prisoners' families. Produces publications and resources, and provides advice, information and training as well as networking opportunities.
Advisory Centre for Education (ACE)
Offers free independent advice and information for parents and carers on a range of state education and schooling issues, including admissions, exclusion, attendance, special educational needs and bullying.
Association for Adoption and Fostering (CoramBAAF)
Provides information and advice about adoption and fostering and publishes resources.
Citizens Advice Bureaux
Helps people resolve their legal, money and other problems by providing free, independent and confidential advice through local bureaux and website.
Contact a Family
Provides support and advice to all families with disabled children. Also enables parents to get in contact with other families with similar experiences, both on local and national basis.
Advocacy organisation for children living away from home or in need.
Department for Education
Lists details of telephone help lines and online services to provide information, advice and support on a range of issues that parents and families may face in bringing up children and young people.
Family Fund Trust
Helps families with severely disabled or seriously ill children to have choices and the opportunity to enjoy ordinary life. Gives grants for things that make life easier and more enjoyable for the disabled child and their family.
Helpline Provides information and advice about family mediation services and eligibility for public funding.
Family Rights Group (FRG)
Provides advice to parents and other family members whose children are involved with or require children's social care services because of welfare needs or concerns. Publishes resources, helps to develop support groups for family and friends carers, and runs a discussion board.
The Fostering Network
Supports foster carers and anyone with an interest in fostering to improve the lives of children in care.
Supports grandparents and their families, especially those who have lost or are losing contact with their grandchildren because of divorce, separation or other family problems, those caring for their grandchildren on a full-time basis, and those with childcare responsibilities for their grandchildren.
HM Revenue and Customs
Information about child benefit and guardian's allowance.
Contact a service linked to Kent County Council i.e. specialist children's services and childcare, children and families information service.
Kent Procedures on-line
This manual contains the policies, procedures and guidance for Kent Children's Services.
The Law Society represents solicitors in England and Wales, it does not itself provide legal advice for members of the public. Its WebPages allow a search for solicitors in a particular geographical area who specialise in Children Law.
Looking after Someone Else's Child (GOV.UK)
Government advice on the support and financial help you can get if someone else's child is living with you full time.
Migrant Children's Project Advice Line
An advice line with a dedicated solicitor on all issues affecting migrant, asylum-seeking and refugee children and young people, whether they are separated or in families.
Provides help and support in all aspects of family life, including information, an online chat facility and a 24 hour helpline.
Prison Advice and Care Trust (PACT)
Provides practical and emotional support to prisoners and to their children and families. The Kinship Care Support Service provides support and advice to family members and friends who care for children whose parents are in HMP Holloway.
Shelter helps people who are struggling with bad housing or homelessness through advice, support and legal services.
Looking After Someone Else's Child
Provides information about how to spot a privately fostered child and legal requirements of private foster carers.
The government's national drugs helpline which offers free confidential drugs information and advice 24 hours a day. Information and advice is also available via the website.
Childhood bereavement charity. Practical support and guidance to bereaved children, young people, families, professionals and anyone concerned about a grieving child.
Works to improve the emotional wellbeing and mental health of children and young people and empowering their parents and carers.