5.2.10 Family and Friends Care Policy

This chapter was introduced in October 2011.

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
Support Groups
Complaints Procedure
Consultation and Participation of Children and Young People
Provision of Training
Operation of Staff within the Framework of this Policy
Management Accountability
Review and Availability of Policy

Appendix A: Summary of Consultation Findings

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

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 at Appendix B: Caring for Somebody Else's Child - Options.

This policy will be regularly reviewed and made freely and widely available.

This document describes Wakefield's policies and procedures regarding children and young people who are unable to live with their parent(s) and are being brought up by members of their extended families, friends or other people who are connected with them. This document aims to ensure that carers and people working with family and friends carers understand when such children should become looked after and what has to be done to deliver effective services to these children who are living under any one of the following 6 situations:

An informal arrangement with a relative;
An informal arrangement with friends or family members which lasts for a period of less than 28 days;
A Private Fostering arrangement;
When the child or young person is a looked after child and the carers are regarded as foster carers;
Under a Residence Order or Special Guardianship Order; or
In arrangements which may lead to an adoption order.

2. Values and Principles

Consideration of children's welfare and best interests will always be at the centre of the work we do. This will include wherever appropriate actively seeking the views of children and young people about the decision that effect their wellbeing.

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. Family Group Conferencing is just one means of promoting permanence whilst ensuring the needs of children and families remain paramount.

Where a child cannot live within his or her immediate we will work with families to encourage them to identify family members or 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 endeavour 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. This supports Wakefield's Vision that "Children and Young People in the Wakefield district will be safe and will feel secure within their homes, schools and communities".

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.

To clarify the children who may come within the definition of Children in Need, the local authority has drawn up a 'Thresholds to Children's Social Care Services' document, which is available through the Council's website.

Children in Need may live with members of their family or friends in a variety of different legal arrangements. Some of these will be made through the court process and a court order will be made in respect of the child and some are made informally without an order being made, for example Private Fostering, as these arrangements are made between a parent and family/friend.

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).

In relation to financial support, local authorities 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/residence 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 for a period that is less than 28 days.

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.

Where there is informal agreement between those holding Parental Responsibility and the person(s) caring for the child or young person, providing they are a relative of the child as defined by s105 of the 1989 Children Act as amended by s75 of the Civil Partnership Act 2004), then there is no requirement to notify the local authority of the arrangement.

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."

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.'. In a private fostering arrangement, the parent still holds parental responsibility and agrees the arrangement with the private foster carer. The financial arrangements for the child should be agreed by the parent and private foster carer at the onset of the placement. The Private foster carer is entitled to obtain information on child benefit and other such benefits.

The local authority will become involved with a child in a private fostering arrangement that exceeds 28 days. The Local Authority must be notified at least 6 weeks before the arrangement is to begin or where the arrangement is to begin within 6 weeks. Any person such as professional who is involved directly or indirectly the child should notify the local authority as soon as possible they become aware of the arrangement. The local authority determines the suitability of the care arrangements and a Private Fostering Assessment is undertaken. A privately fostered child must be visited every 6 weeks during the first 12 months and in any second or subsequent years at intervals of not more than 12 weeks.

Where the local authority has concerns in relation to the welfare of a child and support services may be required, the local authority has a responsibility to assess the 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. This can comprise a variety of different types of services and support and in some cases this could include some financial.

In such circumstances Wakefield will follow those policies and procedures relating to Private Fostering that are contained within its Children's Social Care services procedure manual. Key drivers to ensure that children's needs in private fostering are met are the National Minimum Standards for Private Fostering and the Children (Private Arrangements for Fostering) Regulations, which both came into force in 2005.

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. In some circumstances, a child can be placed with family and friends in an emergency situation without the need of a full assessment under Care Planning, Regulation 24, 2010. The carer will be given temporary approval once the local authority is satisfied that the placement is suitable to safeguard and promote the welfare of the child. The local authority must assess the suitability of the accommodation and any person aged over 18 years of age living the household. The Agency Decision Maker is the designated person for agreeing to a carer's temporary approval.

The child can be placed with the family members prior to approval, 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 as defined by the Care Planning Regulations 2010.

In addition the child will have a fostering 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. Where children are of an age and understanding the local authority will ensure that the views of children are listened to and form part of the fostering placement plan.

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, training and supervision; and they will receive fostering allowances for as long as they care for the child as a foster carer.

All approved foster carers sign a Foster Care Agreement that outlines roles and responsibilities of the carer and the local authority. As an approved foster carer you will have an annual foster carer review where support and training will be discussed. Within the first year of a carers approval this review will be presented to the Fostering Panel in accordance with the Fostering Regulations 2011

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 Residence Order

Where a relative, friend or other connected person wishes to make a long term commitment to caring for a child, they may apply for a Residence Order or a Special Guardianship Order to obtain Parental Responsibility for a specific child.

An amendment to the 1989 Children Act in the 2008 Children & Young People's Act allows relatives to apply for a Residence Order or Special Guardianship Order without the permission of the court after having cared for the child for one year.

A Residence Order is a Court Order which gives parental responsibility to the person in whose favour it is made, usually lasting until the child is 18. Parental Responsibility is shared with the parents.

Residence 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 Residence 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 Residence 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 Residence 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 Residence 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.

If applying for any one of the above orders, family and friends carers will have parental responsibility for the child which is still shared with the parents. In circumstances where an SGO is applied for carers will be able to exercise greater autonomy on day-to-day matters than where there is a Residence Order.

For those who have been granted or considering applying for one of the above orders they can obtain further information from the child's social worker or your legal representation about the manner in which Wakefield Council exercises its duties and powers in relation to the orders.

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 as detailed within the Adoption Support Services Regulations 2005 and Adoption Guidance: Adoption and Children Act 2002, chapter 9.

5. Provision of Financial Support - General Principles

Wakefield supports the notion that no child or young person should have to become looked after for the sole purpose of financial support to the carer.

Where it becomes clear that an informal arrangement or private fostering arrangement exists, carers will be signposted to those targeted and specialist services that can advise on entitlement to state benefits such as child benefit, child tax credit and Education Bursary Scheme (for young people aged 16-19 and in full time learning).

The eligibility criteria for financial support from the local authority under s17 are based on the individual assessed needs of the child and must be to safeguard and promote the welfare of the child whilst supporting permanence for the child.

Fostering allowances to foster carers will be at least sufficient to meet the cost to the carer of caring for the child and should be the minimum set annually by the Department for Education. The allowances paid for family and friends foster carers must be calculated on the same basis as for all other foster carers, and any variations related to the child's needs, the skills of the carer or other factor(s) that is used as a criterion for all of the service's foster carers.

In the case of children who were looked after immediately prior to the making of a Special Guardianship Order, the child, special guardian or parent has a right to be assessed for further local authority support which may include financial support.

There is no similar right to an assessment for support for holders of Residence Order, but the Service Director (Safeguarding & Family Support) has discretion to approve a Residence Order Allowance based on the needs of the child. Part of the assessment should consider a view as to whether the carers need financial support based on their reasonable requirements in taking on the care of a child.

For looked after children, Wakefield has a scheme of allowances payable to approved foster carers that takes into consideration the child's assessed needs and the level of skills required by the foster carer.

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.

6. Accommodation

In exceptional circumstances, where specific family and friends arrangements for care of a child or young person are prevented because of carers living in social housing, Wakefield will endeavour to support carers in seeking alternative accommodation, whenever possible.

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 promote contact between the child and his or her family 'unless it is not practicable or consistent with the child's welfare'. In some cases the legal process may determine the frequency of contact with family. 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 (FGC) 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.

Wakefield MDC undertakes FGCs through the Intensive Support Team. The service is targeted at those family situations that are most complex and where the possibility of the child becoming looked after is very high. The process for accessing this service is through an Initial Assessment of need under the Framework of the Assessment of Children in Need and Their Families. FGCs can also be facilitated after completing a Common Assessment Framework (CAF), as part of preventative measures.

FGCs will seek to provide the mechanism by which family and friends will be supported to agree how to meet the needs of the child or young person in the short or long term.

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 FGC having been held, then (where appropriate) we will arrange one as soon as possible. FGCs will be considered as part of a restoration home plan or an alternative to a child remaining looked after.

There is well established research into the value of FGC as a mechanism for exploring alternatives to children becoming looked after; as well as being a good model for ensuring that relevant people within the child's immediate family and friends' network are involved in decision making and identifying support needs.

9. Support Groups

Wakefield Council recognises the benefits to carers of meeting others who may be in a similar situation to themselves. At present there are 4 support groups across the district of Wakefield for those carers who are foster carers for the local authority.

10. Complaints Procedure

The Children Act 1989 Representations Procedure (England) Regulations 2006 govern how complaints and representations to the local authority must be dealt with.

Wakefield has a dedicated Complaints section, whose role is to ensure that any complaint is dealt with fairly and within a reasonable timescale.

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.

11. Consultation and Participation of Children and Young People

A cornerstone of Wakefield's approach will be to continue to develop formal and informal consultation processes to ensure that children, young people and families are listened to as we take forward our aim to achieve best practice in this area of work.

Staff should ensure the views and opinions of children are recorded and acted upon and that they receive feedback. This can be achieved via the formal Reviewing process for both children and foster carers, during home visits, complaints procedures or at recognised 'participation' events such as the Children in Care Council.

12. Provision of Training

Wakefield Council will deliver services in a way which ensures that family and friends foster carers are fully supported to care for children placed with them and are not disadvantaged as a result of their prior relationship with the child.

Wakefield is also exploring training that can be provided to private foster carers and also carers who apply for alternative orders such as SGO's.

Wakefield Council will ensure that the Children's Workforce Development Council's (CWDC's) Training, Support and Development (TSD) Standards are framed and delivered in such a way that carers can see how they support them in their caring role, building upon any areas for development identified in the assessment. In recognition of the fact that the context of family and friends foster care differs from other types of foster care, family and friends foster carers will be given additional time to demonstrate achievement of the Standards.

13. Operation of Staff within the Framework of this Policy

All relevant staff should be aware of this policy and be compliant in the dispensing of their duties in this area.

Staff will receive all necessary training and support to ensure they have the right skills and experience to deliver an effective service that satisfies the needs of children and young people, irrespective of their legal status, and considers safeguarding issues.

14. Management Accountability

The responsible senior manager in relation to these policies and procedures will be the Service Director (Safeguarding & Family Support). Their role is to ensure that the policies and procedures are carried out by appropriately trained staff, to collaborate with the Children's Partnership to ensure local partners are aware of their responsibilities and to make the policy widely available by all relevant means. They also have authority to approve certain financial payments and to delegate responsibility in their absence to an appropriate Service Manager.

15. Review and Availability of Policy

This policy will be reviewed annually and is available on the Council's intranet and internet websites. Family and friends carers, those considering becoming a family and friends carer, and children and young people can access it at the Wakefield Council website. The policy can be made available in different formats including large font and Braille.

Appendix A: Summary of Consultation Findings

The Fostering Service sent out consultations to family and friends foster carers, children, and parents. Consultations were also sent out to Private foster carers, children and parents. Wakefield is still gaining the views of family on the consultation but we are also going to implement in consultation with carers, children and parent's a guide that can be used in conjunction with this policy that will provide information in a manner that carers, parents, children and young people are able to understand and access.

Wakefield is fully committed to providing the necessary support to carers and children but It is recognised that these types of arrangements are viewed differently by the carers and children involved and often the involvement of Family Services can be deemed more of an intrusion rather than support. Therefore, we need to consider other ways in which we can reach carers, children and parents who are involved in family and friends care arrangements.

The Fostering Service is going to continually seek the views about the policy from carers and children during visits and we hope by speaking to carers and children in their homes that this might encourage them to more open about their views.

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

Click here to view Appendix B.

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