Family and Friends Care

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Family and Friends Care

RELEVANT GUIDANCE

FRG Initial Family and Friends Care - This resource outlines what a viability assessment for family and friend carers should look like, what social workers should consider and how to undertake international assessments.

Looking after Someone 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.

AMENDMENT

In February 2019, the above link was added to 'Looking after Someone Child' (GOV.UK).

Introduction
Values and Principles
Legal Framework
Different Situations whereby Children may be Living with Family and Friend Carers
Provision of Financial Support - General Principles
Accommodation
Supporting Contact with Parents
Family Group Conferences
Complaints Procedure
Appendix 1: Caring for Somebody Else's Child - Options
Appendix 2: Financial Support & Initial Information for Special Guardians 2016-17
Appendix 3: Financial Support & Initial Information for Adoptive Parents 2016-17

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.

The manager with overall responsibility for this policy is Senior Manager Permanence and Leaving Care.

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 their 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 their 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

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). This can include financial, practical or other support.

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.

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.

*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.

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 their 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.

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 4.1 above, this can comprise a variety of different types of services and support, including financial support.

See Private Fostering Procedure.

4.3 Relative, Friend or Other Connected Persons 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 for up to 8 weeks. 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.

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.

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.

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.

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 below the Special Guardianship Order Allowances Policy, 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 make decisions under the policy.

Please see:

Appendix 2: Financial Support & Initial Information for Special Guardians 2016-17 - for information on Financial Support and Initial Information for Special Guardians.

Financial Assessment/Review Form 2016-17 Special Guardianship Order

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.

Please see:

Appendix 3: Financial Support & Initial Information for Adoptive Parents 2016-17 - for information on Financial Support and Initial Information for Adoptive Parents.

Financial Assessment/Review Form 2016-17 Adoption Order

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;
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;
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 their family 'where it is necessary to do so in order to safeguard and promote their 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 their 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 and Siblings Procedure.

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 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.

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 and Representations Procedure.

Appendix 1: Caring For Somebody Else's Child - Options

Click here to view Annex A: Caring For Somebody Else's Child - Options

Appendix 2: Financial Support & Initial Information for Special Guardians 2016-17

North Tyneside Council is committed to providing permanent placements for looked after children who are unable to be cared for by their birth parents and to remain within their extended family is in their best interests. It is recognised that the success of placing children under Special Guardianship Orders is due, in part, to the provision of support, which could include financial support.

It is recognised that children incur a financial cost and parents and carers are, in part, recompensed through taxation allowances and universal and specific state benefits. However, many children who have been looked after may attract additional expense over and above the costs of birth children. Family members who pursue a Special Guardianship Order do so as opposed to the child being cared for outside of the birth family. As such there is an implied acceptance of the attendant costs of raising the child.

In order to comply with legislation (Adoption and Children Act 2002) and introduce greater consistency and transparency, the Directorate has revised processes in relation to how decisions regarding financial support are made and reviewed.

The Special Guardianship Regulations 2005 can be found at (note that there have been subsequent amendments to these Regulations).

Section 6(1) - Financial support for Special Guardians can be made:-

To facilitate arrangements for a person to become the Special Guardian of a child where the Local Authority consider such arrangements to be beneficial to the child's welfare; or
To support the continuation of such arrangements after a Special Guardianship Order is made.

Section 6(2) – Such support is payable only in the following circumstances:-

Where the Local Authority consider that it is necessary to ensure that the Special Guardian or prospective Special Guardian can look after the child
Where the Local Authority consider that the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of his illness, disability, emotional or behavioural difficulties or the consequences of his past abuse or neglect
Where the Local Authority consider that it is appropriate to contribute to any legal costs, including Court fees, of a Special Guardian or prospective Special Guardian, as the case may be, associated with:-
1. The making of a Special Guardianship Order or any application to vary or discharge such an Order;
2. An application for an order under Section 8 of the Act;
3. An Order for financial provision to be made to or for the benefit of the child; or

Remuneration for former foster parents

Financial support under this chapter may include an element of remuneration but only where the decision to include it is taken before the Special Guardianship Order is made and the Local Authority consider it to be necessary in order to facilitate arrangements for a person to become a Special Guardian in a case where:
1. The Special Guardian or prospective Special Guardian has been a Local Authority foster parent in respect of the child; and
2. An element of remuneration was included in the payments made by the Local Authority to that person in relation to his fostering the child.
But that element of remuneration ceases to be payable after the expiry of the period of two years from the making of the Special Guardianship Order unless the Local Authority consider its continuation to be necessary having regard to the exceptional needs of the child or any other exceptional circumstances.

There is no automatic entitlement to financial support and financial support may not be paid if the family is assessed not to be in need. To ensure the financial assessment process is transparent and consistent the financial assessment/review form and supporting documents are then passed to the Service Manager Fostering and Adoption Services to complete the DfES standardised means test model.

The Local Authority takes account of the following circumstances in calculating the financial support to be paid to a Special Guardian:-

The person's financial resources including any Tax Credit or Benefit which would be available to him/her if the child lived with him/her;
The amount required by the person in respect of their reasonable outgoings and commitments (excluding outgoings in respect of the child);
The financial needs and resources of the child.

The Local Authority maximum Payment is a percentage of the Fostering Allowance based on the child's age, which is at the discretion of the Service Manager. In North Tyneside the components that are utilised are:-

Projected family income;
Child's long term physical illness;
Child's disability;
Emotional or behavioural difficulties experienced by child;
Child receiving therapeutic support;
Child's age at placement (not granting of Legal Order);
Did agency place child with their siblings;
Child's special requirements in relation to their ethnic origin.

The costs related to facilitating direct contact (with birth parents or siblings living outside of the North East) is not included in the calculation model. The Local Authority will pay any reasonable expenditure incurred (for example second class rail travel) separately on provision of receipts. However reimbursement of such expenses is only for the frequency and purpose of contact as specified in the Care Plan.
The DfES model calculates the family's income and disregards the first 20% of this; it also considers the projected family expenditure. The 'core regular family expenditure' is then added, which is an amount of money the Benefits Agency identifies as the core expenditure for any family. The model then adds an additional 25% to this figure.

The model then calculates the amount payable and deducts the Child Benefit and where the final figure is a minus it indicates that there is no financial payment due. Where the final figure is not a minus figure this is the maximum monthly amount payable to the family, not per child.

A 14 day representation period follows from the date of the notification letter to enable Special Guardians to make representation regarding the decision including providing evidence of hardship if applicable. Any representation must be in writing and provide evidence to support the reasons as detailed in the Special Guardians representation.

If it is agreed that financial support is to be paid on a regular basis there will be some terms and conditions attached to this.

The main conditions are:

That the Special Guardians informs the Local Authority if they change their address;
That the Special Guardians informs the Local Authority if the child dies;
That the Special Guardians informs the Local Authority if there is a change in their financial circumstances or the financial needs or resources of the child, out with the annual review process;
That the Special Guardians completes and returns the annual financial assessment/review form detailing their financial circumstances. This form is used to carry out an annual review of the Special Guardians financial support requirements;
The Local Authority will send the annual financial assessment/review form. Failure to complete and return the completed annual statement within 14 days will result in the suspension of the payments until the Review Form is received.

The Special Guardians are required to inform the Local Authority if any of the above situations occur.

Financial support will no longer be payable if:

The child no longer has a home with the Special Guardian;
The child ceases full time education or training and commences employment;
The child qualifies for benefits in their own right;
The Special Guardian's financial circumstances change or the financial needs or resources of the child which may affect the amount of financial support payable change.

The Special Guardian can request a review of their circumstances at any time to appeal against a decision made as to the amount of the adoption allowance paid.

Full consideration will be given taking into account:-

The family's individual circumstances;
Issues of need and the risk of any hardship should the allowance cease.

This information is provided as an initial summary of the most important conditions which apply in respect of regular payments to Special Guardians.

Click here to view the Financial Assessment/Review Form 2016-17 Special Guardianship Order.

Address:

North Tyneside Council, Fostering & Adoption Service,
Quadrant West, The Silverlink North,
Cobalt Business Park,
North Tyneside,
NE27 0BY

Appendix 3: Financial Support & Initial Information for Adoptive Parents 2016-17

North Tyneside Council is committed to providing permanent families for looked after children who are unable to be cared for by their birth families or within their extended family. It is recognised that the success of placing children for adoption is due, in part, to the provision of support, including financial support.

It is recognised by all parents that children incur a financial cost and parents and carers are, in part, recompensed through taxation allowances and universal and specific state benefits. However, many children who have been looked after may attract additional expense over and above the costs of birth children. Adopters choose adoption as opposed to other forms of care for a child, in order to claim a child and to change the composition of their family forever. As such there is an implied acceptance of the attendant costs of raising a child.

The Adoption Support Services Regulations 2005 (note that there have been subsequent amendments to these Regulations).

Financial support in adoption can be made to an adoptive family:

For the purpose of supporting the placement of the adoptive child; or
The continuation of adoption arrangements after an adoption order is made.

Such support is payable only in the following circumstances:-

Where it is necessary to ensure that the adoptive parent can look after the child;
Where the child needs special care which requires greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect;
Where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of the age or ethnic origin of the child; or the desirability of the child being placed with the same adoptive parent as his brother or sister or with a child with whom he previously shared a home;
Where such support is to meet recurring costs in respect of travel for the purpose of visits between the child and a related person;
Where the local authority consider it appropriate to make a contribution to meet expenditure on legal costs, expenditure for the purpose of introducing the child to their adoptive parent; expenditure necessary for the purpose of accommodating and maintaining the child.

There is no automatic entitlement to financial support and financial support may not be paid if the family is assessed not to be in need. To ensure the financial assessment process is transparent and consistent, an assessment of need will be completed by an Adoption Social Worker with the adopters. The financial assessment/review form and supporting documents are then passed to the Service Manager Fostering and Adoption Services to complete the DfES standardised means test model.

The Local Authority takes account of the following circumstances in calculating the financial support to be paid to an adoptive parent.

The persons financial resources including any Tax Credit or Benefit which would be available to him/her if the child lived with him/her;
The amount required by the person in respect of their reasonable outgoings and commitments (excluding outgoings in respect of the child);
The financial needs and resources of the child.

Projected family income;
Child's long term physical illness;
Child's disability;
Emotional or behavioural difficulties experienced by child;
Child receiving therapeutic support;
Child's age at placement (not granting of Legal Order);
Did agency place child with their siblings;
Child's special requirements in relation to their ethnic origin.

The costs related to facilitating direct contact (with birth parents or siblings living outside of the North East) is not included in the calculation model. The Local Authority will pay any reasonable expenditure incurred (for example second class rail travel) separately on provision of receipts. However reimbursement of such expenses is only for the frequency and purpose of contact as specified in the Care Plan.

The DfES model calculates the family's income and disregards the first 20% of this; it also considers the projected family expenditure. The 'core regular family expenditure' is then added, which is an amount of money the Benefits Agency identifies as the core expenditure for any family. The model then adds an additional 25% to this figure.

The model then calculates the amount payable and deducts the Child Benefit and where the final figure is a minus it indicates that there is no financial payment due. Where the final figure is not a minus figure this is the maximum monthly amount payable to the family, not per child.

A 14 day representation period follows from the date of the notification letter to enable adopters to make representation regarding the decision including providing evidence of hardship if applicable. Any representation must be in writing and provide evidence to support the reasons as detailed in the Adopters' representation.

If it is agreed that financial support is to be paid on a regular basis there will be some terms and conditions attached to this. Many of these are specific requirements of the Adoption Support Services Regulations 2005 and they are summarised below.

The Adopter will have to agree to certain conditions before the allowance can be paid. The main conditions are:

That the Adopter informs the Local Authority if they change their address;
That the Adopter informs the Local Authority if the child dies;
That the Adopter informs the Local Authority if there is a change in their financial circumstances or the financial needs or resources of the child, out with the annual review process;
That the Adopter completes and returns the annual financial assessment/review form detailing their financial circumstances. This form is used to carry out an annual review of the Adopters financial support requirements;
The Local Authority will send the annual financial assessment/review form. Failure to complete and return the completed annual statement within 14 days will result in the suspension of the payments until the Review Form is received;
Financial support will no longer be payable if:
- The child no longer has a home with the Adopter;
- The child reaches the age of 18 years and is not in full time education/training;
- The child commences paid employment, training or becomes eligible for benefits in their own right;
- The Adopters' financial circumstances change to an extent where financial support is no longer required.

The Adopters are required to inform the Local Authority if any of the above situations occur.

The adopter can request a review of their circumstances at any time to appeal against a decision made as to the amount of the adoption allowance paid.

Full consideration will be given taking into account:-

The family's individual circumstances;

Issues of need and the risk of any hardship should the allowance cease.

This information is provided as an initial summary of the most important conditions which apply in respect of regular payments to Adoptive parents.

Click here to view the Financial Assessment/Review Form 2016-17 Adoption Order.

Address:

North Tyneside Council, Fostering & Adoption Service,
Quadrant West, The Silverlink North,
Cobalt Business Park,
North Tyneside,
NE27 0BY

North TynesideChildren's Services Procedures Manual