2.1 Support for Friends and Family Caring for Children in Need Guidance and Procedure |
RELEVANT LEGISLATION
Children Act 1989 Section 17 (Children in Need)
Children Act, 1989 Section 20, subsection (1)
Contents
- Introduction
- Threshold for Support to Friends and Family Carers of Children in Need to Prevent the Child becoming Looked After
- Deciding whether Alternative Accommodation is Necessary
- Support Package for Friends and Family Carers of Children in Need
Appendix 1: Letter from Parent to Carer
Appendix 2: Letter from Local Authority to Carer
Appendix 3: Flowchart for Support to Carers Looking After Children in Need
1. Introduction
It is likely that people who care for someone else's child will need support.
Where the local authority has Accommodated the child or commenced legal proceedings, the level of support is clear both to the child, who is looked after, and to the carers including how they will be remunerated. Detailed procedures regarding the placement of Looked After Children with Connected Persons are set out in Placement with Connected Persons Procedure. For advice about the level of support in these situations please consult the Adoption and Permanency Team.
This section describes the policy and support that will be provided where there is intervention to prevent the child becoming looked after, or proceedings are not necessary because the family has agreed a course of action whereby family or friends care for the child or young person who would otherwise be at risk of becoming looked after.
The principle governing any provision of support is that the child is a child in need.
2. Threshold for Support to Friends and Family Carers of Children in Need to Prevent the Child becoming Looked After
The following conditions must be met:
- The child lives within the area of the local authority (RBKC);
- The child is a Child in Need within the definition of the 1989 Act;
- If the friends and family carers were not available or had not offered to provide care of their own volition the child would be at risk of becoming looked after;
- The child's parents or person with parental responsibility are prevented from providing suitable accommodation or care within the meaning of Section 20 of Children Act 1989;
- The child is not a Privately Fostered child. If this is the case then the Private Fostering Procedure must be followed;
- The child is either living with a close family member, wider family member or friend or there is a plan to make such an arrangement;
- The relevant team manager agrees with the findings of the Initial Assessment or Core Assessment that support should be provided.
NB The "Southwark Judgement"* makes it clear that the local authority cannot use Section 17 to discharge its duties in respect of young people aged 16-18 in need of accommodation if the young person is provided with a place to live by the local authority. This has implications when helping families to find alternative care arrangements for their adolescents.
* (R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)
3. Deciding Whether Alternative Accommodation is Necessary
The decision whether alternative accommodation is necessary should be made following an assessment, perhaps an emergency assessment within 24 hours but more likely following an initial assessment within 10 working days or (most often in RBKC's case) following a core assessment within 35 working days. Any decision should be ratified by a team manager.
In determining whether the child living with friends and family carers meets the Section 20 criteria social workers should ask the following questions:
- Is the child or young person requiring care under eighteen years old?
- Is the child a Child in Need?
- Does the child normally live within the local authority's area?
- Does the child appear to the local authority to require accommodation?
- If so is that need the result of:
- There being no person who has parental responsibility for him;
- The child is lost or has been abandoned; or
- The person who has been caring for him or her is prevented from providing him with suitable accommodation or care?
- What are the child's wishes regarding the provision of accommodation?
- What consideration (having regard to age and understanding) is duly to be given to those wishes? This is of particular important to those over 16. However the Southwark Judgement considers that informed choice would mean that a teenager would opt to be looked after rather than simply housed because of the benefits of the leaving care package;
- Does any person with parental responsibility who is willing to provide accommodation for the child object to the local authority's intervention?
- If there is objection, what alternative arrangement is that person prepared to make?
4. Support Package for Friends and Family Carers of Children in Need
Each friends and family arrangement for a child not looked after should have:
- A clear written understanding between the child's parent and the carer that the arrangement is an informal one and that the child is not being placed by the local authority. The local authority will confirm this in writing. See Appendix 2: Letter from Local Authority to Carer;
- An allocated social worker to offer support under the relevant legislation. This will be reviewed and likely to end after a time;
- Support for contact with birth parents when needed;
- Information about and access to support groups e.g. Grandparents Plus;
- Basic equipment e.g. every child should have their own bed. The family should have the means to prepare hot food*;
- Benefits advice to maximise benefits for the family;
- A basic safeguarding check (network check) including local police checks, health and safety, permission to contact GP, schools if relevant;
- Any interim weekly payments should be at maximum of income support level with a clear, written, time limit for review and cessation;
- The local authority should pay the child benefit amount for each child while an application to the child benefit agency is being processed. To be reviewed after 6 weeks.
* Start-up grant up to £500 to provide basic equipment for the child, for example bed and bedding, pushchair etc on production of receipts
All financial support is given with the aim of setting up an arrangement that is self-sustaining in the long time. It must be remembered that the Local Authority is not an income support or maintenance agency and that parents or those with parental responsibility continue to have prime responsibility for their child's maintenance.
Financial Thresholds for approval
It is assumed that families being supported under this procedure would be in financial difficulties if the financial support were not provided. It is expected that they are living on benefits, low wage or in receipt of child tax allowance.
Child benefit - up to £120 per child approvable at team manager level with review by Head of Service after six weeks. Approval by Head of Service is needed to pay child benefit to the appropriate level between six weeks and receipt of child benefit.
Child Tax Credit - Team managers can approve an amount up to maximum up to £1000, or six weeks child tax credit, whichever is less. Sums over £1000 must be approved by Head of Service.
Start-up grant up to maximum of £500 per child on production of receipts. Team manager to approve.
Any review or extension of payments will include exploration of the efforts the family are taking to progress their claim.
Appendix 1: Letter from Parent to Carer
Standard letter from parent to carer that the arrangement is informal and the child is not being placed by the local authority with clear agreement about interim placements, setting out time limits.
Click here to view letter from Parent to Carer
Appendix 2: Letter from Local Authority to Carer
A confirmation letter from the local authority to the carer including any interim nature of financial support with time limit expectations for the carer to apply for benefits.
Click here to view letter from Local Authority to Carer
Appendix 3: Flowchart for Support to Carers Looking After Children in Need
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