Nottingham City Safeguarding Children’s Board Procedures Manual
Nottingham City Safeguarding Children’s Board Procedures Manual Nottingham City Safeguarding Children’s Board Procedures Manual

1.1.4 Family and Friends Care Policy

RELATED GUIDANCE

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.

AMENDMENT

In May 2017, a new Related Guidance Section was added to this chapter (above).


Contents

  1. Introduction
  2. Values and Principles
  3. Legal Framework
  4. Different Situations whereby Children may be Living with Family and Friend Carers
  5. Provision of Financial Support - General Principles
  6. Accommodation
  7. Supporting Contact with Parents
  8. Family Group Conferences
  9. Complaints Procedure

    Appendix A: Caring for Somebody Else's Child - Options

    Appendix B: Summary of Consultation Findings

    Appendix C: Family and Friends Policy - Consultation Questionnaire

    Appendix D: Family and Friends Policy - Tell Us What You Think


1. Introduction

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.

In drawing up this policy, we have consulted children and young people, family and friends, carers and parents. A summary of findings from these consultations, showing how their views have informed this policy, is included at Appendix B: Summary of Consultation Findings.

The Head of Children in Care has overall responsibility for this policy.

This policy will be reviewed on an annual basis (if not before) to ensure it reflects current practice and contains accurate information on resources available. It will be 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.


3. Legal Framework

All local authorities have a general duty to safeguard and promote the welfare of Children in Need living within their area and to promote the upbringing of such children by their families. The way in which they fulfil this duty is by providing a range and level of services appropriate to those children's assessed needs (Section 17, Children Act 1989). This can include financial, practical or other support.

It is important to note that local authorities do 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.

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 Appendix 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 or 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.

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 arrangement 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 Section 4.1, Informal Family and Friends Care Arrangements 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.

Once the Fostering and Adoption Service has been notified that a Connected Person assessment is being carried out, financial support will be initiated. Connected Person carers will receive the weekly Fostering Allowance (see Fostering Rates and Allowances).

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 previously indicated. 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 Carers Procedure. Information regarding the assessment process is included in the information pack that is made available to all potential foster carers.

Once approved as foster carers, they will be allocated a supervising social worker who will provide them with support and supervision. They will receive the weekly 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.

Training and Support

All of the mainstream foster carer training programme is also made available to ‘Connected persons’ carers. In addition there are specific quarterly information and Support Group meetings at which new applicants, approved carers and workers can meet informally to discuss issues relevant to this type of fostering. These meetings are a good way of consulting carers about their support and training needs as well as helping them develop support networks.

A tailored training programme is then devised around the needs arising from these evenings.

Supervision and Review

On full approval all “Connected Persons” carers are allocated a supervising social worker who will visit them on a regular basis- in the first year of approval this will be a minimum of monthly. After 12 months this could move to a minimum of three monthly by agreement of carer and supervising social worker and if this is deemed appropriate to the needs of the placement.

Annual carers reviews - first review is presented back to Fostering Panel where supervising social worker and carers also attend. Subsequent reviews are chaired by an Independent Reviewing Officer.

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.

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.

Those applying for a Child Arrangements Order may be eligible for means tested financial support. Applicants are required to complete a financial assessment application form and provide evidence of their income and expenditure. This information is then used to calculate the level of financial support (if any) that will be available to them if the order is granted. Request for financial support should be made prior to a court request for a Child Arrangements Order.

In order to apply for an allowance, the child’s social worker must request a financial assessment application form from the Fostering and Adoption Payments Team. Once completed, the application form must be returned to Fostering and Adoption Payment Team who will then carry out a means test. The outcome of the means test will then be fed back to the child’s social worker. If the outcome is that the applicant is eligible for financial support, approval of the level support must be obtained from the Fostering and Adoption Service Manager by the child’s social workers.

Those in receipt of Income Support will receive the maximum financial support available. Rate are in line with Adoption Allowances.

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 Special Guardianship Policy and Procedure for details of what financial assistance may be available to holders of Special Guardianship Orders, the applicable criteria and who within the local authority will makes 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 Adoption Support Procedure for details of what financial assistance may be available to holders of Adoption Orders, the applicable criteria and who within the local authority will makes 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:

  1. Subsistence Crisis (one-off) Payments

    These should be used to overcome a crisis, following the best assessment that can be achieved in the circumstances;
  2. Setting-up

    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;
  3. 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;
  • 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.


6. Accommodation

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.


7. 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 Contact with Parents/Adults and Siblings Procedure for information on how contact between children in foster care or residential care and those significant others will be approved, planned, supervised and supported by the local authority.


8. 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 intervention at an early stage meeting. 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.

Family Group Conferences (FGCs) are currently co-ordinated by Family Intervention Project (FIP) Practitioners. Each FGC takes approximately five weeks to arrange and will involve the Practitioner meeting with identified family members on an individual basis to discuss the process and the purpose of FGCs. These initial meetings can take up to an hour and are important to the overall success of the FGC.

FGCs are usually scheduled for early evening and last for approximately three hours. Typically FGCs will have two halves. The first half will consist of family members and professionals discussing the presenting issues. Professionals will leave during the second half of the meeting and family members will meet separately where they will create their own plan to resolve the issues. The plan will be reviewed by professionals to help ensure the plan can be followed and supported.


9. 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 Procedure.


Appendix A: Caring For Somebody Else's Child - Options

Click here to view Appendix A: Caring for Somebody Else's Child - Options


Appendix B: Summary of Consultation Findings

In August 2012, Connected Person carers and young people being cared for these carers were sent a copy of the draft Family and Friends Policy, along with corresponding documents. These documents included:

They were asked to complete one of two questionnaires - the questionnaire you completed depended on whether you were a carer, or being cared for (see Appendix C: Family and Friends Policy - Consultation Questionnaire and Appendix D: Family and Friends Policy - Tell Us What You Think).

Results

This exercise produced no feedback from those consulted.

Recommendations and Amendment to Family and Friends Policy

With no feedback on which to base recommendations or make amendments to the draft Family and Friends policy, no additions or deletions were made.

In the September of 2013 Family and Friends carers were invited to attend a focus group to explore if they felt the Family and Friends policy is informative and easy to understand. Following from this will be the opportunity to suggest necessary amendments.


Appendix C: Consultation Questionnaire

Click here to view Appendix C: Family and Friends Policy - Consultation Questionnaire


Appendix D: Tell Us What You Think

Click here to view Appendix D: Family and Friends Policy - Tell Us What You Think

End