Kinship Care Policy

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.

We will provide support and training in ways that are appropriate and encouraging for family and friends carers.

The local authority has a general duty to safeguard and promote the welfare of Children 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^. 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.

To clarify the children who may come within the definition of Children in Need, the local authority has drawn up a Pan-Dorset Continuum of Need, which is available through the Safeguarding Partnership website.

Children in Need may live with members of their family or friends in a variety of different legal arrangements, some formal and some informal. Different court orders are available to formalise these arrangements.

Looked after children will always come within the definition of Children in Need, whether they are accommodated under Section 20 of the Children Act 1989 (with parental consent) or in care subject to a Court Order whereby the local authority shares parental responsibility for the child. The local authority has a responsibility wherever possible to make arrangements for a looked after child to live with a member of the family (Section 22 of the Children Act 1989).

For a detailed summary of the meaning and implications of different legal situations, the rights of carers and parents, and the nature of decisions which family and friends carers will be able to make in relation to the child.

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. There are different legislative provisions which apply to financial support for children living with family or friends in looked after/adoption/special guardianship/Child Arrangements Order arrangements. The following sections of this policy set out the financial support that we may provide to family and friends who are caring for children in these different contexts.

4.1 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 an assessment, a Child in Need Plan will be drawn up and a package of support will be identified. This can comprise of a variety of different types of services and support, including financial support.

Parental responsibility remains with the birth parents, but the carer may do what is reasonable to safeguard or promote the child's welfare.

Details of the financial support available to foster carers are at Dorset Council – Fostering Payments. For support to those holding Special Guardianship Orders, see SGO Finance Policy.

 

4.2 Private fostering arrangements

A privately fostered child is a child under 16 (or 18 if disabled) who is cared for by an adult who is not a parent or close relative, where the child is to be cared for in that home for 28 days or more. Close relative is defined as 'a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent.' It does not include a child who is Looked After by a local authority. In a private fostering arrangement, the parent still holds parental responsibility and agrees the decision-making arrangements with the private foster carer.

The local authority has a duty to assess and monitor the welfare of all privately fostered children and the way in which they carry out these duties is set out in the Children (Private Arrangements for Fostering) Regulations 2005. However, the local authority may also become involved with a child in a private fostering arrangement where the child comes within the definition of a Child in Need. In such cases, the local authority has a responsibility to provide services to meet the assessed needs of the child under Section 17 of the Children Act 1989. Following assessment, a Child in Need Plan will be drawn up and a package of support will be identified. As in 4.1 above, this can comprise a variety of different types of services and support, including financial support.

See also: Private Fostering

 

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 under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010. Regulation 24(1) provides that where the local authority is satisfied that an immediate placement with a Connected Persons is the most appropriate placement for the child, the carers can have temporary approval for a period of up to 16 weeks provided that an assessment of their suitability under Regulation 24(2) has taken place. Regulation 25 of the 2010 Care Planning Regulations gives an extension of 8 weeks to the original 16 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. This may cover placements at very short notice.

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 similar to any other foster carer and include checks and references, however the assessment is focussed on meeting the needs of the specific child/children rather than generic issues. The assessment form is different from the mainstream fostering assessment and those carrying out the assessment should verify with the fostering manager the correct form. The timescales for the assessment are different where a child is already in the placement as indicated above at the top of this section. 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.

Authority for day-to-day decision making about the child should be delegated to the carer(s), unless there is a valid reason not to do so.

4.4 Child Arrangements Order

A Child Arrangements Order is a Court Order which sets out the arrangements as to when and with whom a child is to live, spend time or otherwise have contact.

These orders replace the previous Contact Orders and Residence Orders.

A Child Arrangements Order may give parental responsibility to the person in whose favour it is made. Parental responsibility is shared with the parents.

Authority for day-to-day decision making about the child should be delegated to the carer(s), unless there is a valid reason not to do so.

Child Arrangements Orders may be made in private family proceedings in which the local authority is not a party nor involved in any way in the arrangements. However, a Child Arrangements Order in favour of a relative or foster carer (who was a 'Connected Person') with whom a child is placed may be an appropriate outcome as part of a permanence plan for a Child in Need or a 'Looked After' child.

The local authority may pay Child Arrangements Order Allowances to relatives or friends, unless they are a spouse or civil partner of a parent, with whom a child is living under a Child Arrangements Order. This is set out in paragraph 15 of Schedule 1 of the Children Act 1989,  however this is discretionary.

 

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. The following individuals can apply to be a child’s special guardian if they are not their parent and are over 18:

• they are already the child’s legal guardian
• the child lives with the carer because of a child arrangements order
• the child has lived with the carer for 3 of the past 5 years
• the carer is the child’s relative or a foster parent, and the child has been living with them for at least 1 year
• the carer has the agreement of anyone named in a child arrangements order as someone who the child will live with
• the carer has agreement of all the people with parental responsibility for the child
• the carer has the agreement of the local council, if the child is in care
• if the carer does not fit one of these descriptions, they will need to ask the court’s permission to apply
• a joint application can also be made.

 

For further information and for forms please see Becoming a Special Guardian

 

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.

 

4.7 Ukrainian Children and Young People

Kinship Arrangements

The UK government has put into place three different visa routes for Ukrainians who wish to come or remain in the UK since the war in the Ukraine started. These are:

• Ukraine Family Scheme
• Homes for Ukraine
• Ukraine Extension Scheme

Private Fostering

If a child or young person is living with a Homes for Ukraine sponsor, is under 16 and the sponsor is not a close relative, this is a statutory private fostering arrangement. All private fostering responsibilities and procedures must be followed in these cases. 

These resources are being continually updated and so it is important that you seek the most up to date guidance when considering a kinship placement for a Ukrainian child or young person. Further advice can be found on Family Rights Group website and The Ukraine Advice Project UK.

Kinship Care: Statutory Guidance for Local Authorities sets out a requirement on Local Authorities to provide a Kinship Local Offer. Kinship Local Offers should be underpinned by the principle that support should be based on the needs of the child rather than merely their legal status. The Kinship Local Offer should provide kinship families with support to ensure that children do not become looked after, or remain looked after, longer than is needed.

See also Table 1: Entitlement to support by kinship carers and the child/ren in their care, under Children Act 1989 section 17 and for children looked after at pp. 33-34 of the statutory guidance.

The following areas summarise the support available to kinship carers.

5.1 Support Groups and Training

The local authority should guide kinship carers to peer support groups and relevant training. Local authorities should collaborate with partner agencies and the voluntary sector to establish and improve access to this type of support.

Training can boost the confidence of kinship carers and equip them with skills and knowledge to provide high-quality care. For example, the training can include:

• information about different types of kinship care
• knowledge about child development and how to manage challenging behaviours 
• practical information on how to navigate the children’s social care system, register for a new school or how to access a GP

 

5.2 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

 

 

5.3 Adoption and Special Guardianship Support Fund

Local authorities and regional adoption agencies can apply for therapeutic funding for eligible adoptive, special guardianship order and child arrangement order families. Local authorities and RAAs must apply to the Adoption and Special Guardianship Support Fund (ASGSF) within 3 months of assessing a family’s support needs. ASGSF is available to most children being raised under a Special Guardianship and Child Arrangement Order. This also includes children up to and including the age of 21, or 25 with an education, health and care (EHC) plan who:

• are living with a family in England while waiting for adoption
• were adopted from local authority care in England, Wales, Scotland or Northern Ireland and live in England
• were adopted from abroad and live in England with a recognised adoption status
• were in care before an special guardianship order was made
• left care under a special guardianship order that was subsequently changed to an adoption order, or vice versa
• are under a residency order or child arrangement order (CAO) and were previously looked after
• were previously looked after but where the adoption, special guardianship, residency or CAO placement has broken down, irrespective of any reconciliation plans

For more information and how to apply see: Adoption and special guardianship support fund (ASGSF) Guidance

 

5.4 Employment Support

Kinship Carers in the Workplace: Guidance for Employers sets out best practice for supporting kinship carers at work, including the right to be entitled to leave benefits similar to that of parents and adopters.

 

5.5 Accommodation

Kinship carers may need support with accommodation, as their homes may not be of sufficient capacity to take on the care of a child or possibly a sibling group of children.

Living in cramped conditions may add to the pressures of caring for a child. Housing authorities and registered social landlords should be engaged to ensure that their policies recognise the importance of the role performed by kinship carers, and that whenever possible kinship 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.

Local authorities have the power under section 17 of the 1989 Children Act to give financial support towards accommodation costs where they assess this as the most appropriate way to safeguard and promote a child’s welfare.

 

5.6 Education

To support the educational attainment of children who left local authority care through special guardianship or child arrangements order:

1. Virtual school heads have a statutory duty to promote the educational attainment of pupils who are no longer looked after because they are the subject of an adoption, special guardianship, or child arrangements order through the provision of information and advice to their parents, educators, and others they consider necessary;
2. All maintained schools and academies must appoint a designated teacher, who has a leadership role in promoting the educational achievement of every previously looked after child on the school’s roll. This includes making sure that all staff have high expectations of their learning and understand the importance of involving the child’s parents or guardians in decisions affecting their child’s education;
3. Previously looked after children attract Pupil Premium Plus funding, which is provided to help improve their education outcomes and close the attainment gap between them and their peers. It is paid to and managed by the school, with allocations based on the number of previously looked after children recorded in the school’s October school census return to the Department for Education;
4. Previously looked after children have top priority in school admissions and should be placed in good or outstanding schools;
5. Previously looked after children and those in formal kinship care arrangements are also eligible to be secured a school place through Fair Access Protocols.This is the mechanism which ensures that unplaced and vulnerable children who are having difficulty securing school places in-year are allocated one promptly.

The School Admissions Code provides that children being raised by family and friends carers under a Special Guardianship Order or Child Arrangements Order, who struggle to get a school place during the year, will be supported in finding one. 

In addition, Pupil Premium for permanently placed children, also known as Pupil Premium Plus, was introduced in 2014. Pupil Premium Plus is awarded in recognition that many adopted and permanently placed children need extra support in school because of the circumstances that led to them being placed into care, and later being adopted or being placed on a special guardianship order or CAO. See Pupil Premium Overview.

Promoting the Education of Children with a Social Worker and Children in Kinship Care Arrangements: Virtual School Head Role Extension highlights the inclusion of children in kinship settings having access to the virtual school head program to continue to support their academic achievement.

 

5.7 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/Adults and Siblings Procedure.

The Children’s Social Care National Framework: Statutory Guidance on the Purpose, Principles for Practice and Expected Outcomes of Children’s Social Care provides that this is the umbrella term for family-led decision-making fora, where a family network has all the resources, adequate preparation, relevant information, a safe and appropriate environment, and private family time to make a plan to response to concerns about a child’s safety or wellbeing. At pre-proceedings stage, successful family group decision making also includes having an independent coordinator. Family group decision making can take different forms; family group conference is one model, though the Department for Education does not prescribe a specific model.

A family network is described as a group of people close to a child, made up of relatives and also non-related connected people, where connected people has the same definition used in The Care Planning, Placement and Case Review (England) Regulations 2010 in addition to close family friends who have a connection with the child. A family network could include step-parents, siblings, aunts, uncles, cousins, grandparents, or close family friends.

See also Family Networks and Family Group Decision Making Procedure.

In public family proceedings, legal aid is available to prospective kinship carers, or kinship carers in public family law children’s cases under the Children Act 1989 and in related proceedings, where they have been joined as a party to proceedings by the court.

This includes where prospective kinship carers or kinship carers wish to make more permanent arrangements, for example, through a special guardianship order. This is subject to means and merits eligibility assessments.

In private family proceedings, legal aid is available for prospective kinship carers and kinship carers for special guardianship orders. This is also subject to means and merits eligibility assessments.

If a kinship carer wishes to discuss their matter with a legal aid provider, and explore their eligibility further you can refer them to the Find a legal aid adviser or family mediator tool which will assist them to find a provider in the area.

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.

See Dorset Council’s Complaints Procedure for Children’s Services.

 

Private fostering

Routes into the caring arrangement

This is a private arrangement whereby the child is being cared for for 28 days or more, or the intention is that the arrangement will last for 28 days or more, by anyone who does not have parental responsibility, and who is not a close relative. Relative means grandparent, brother, sister, uncle or aunt, by full blood, half blood or by marriage or civil partnership, or a step parent. The child is not a looked after child.

Parental responsibility

Remains with birth parents.

Approval basis

The arrangement is assessed by local authority, but the carer is not ‘approved’ as a local authority foster carer is. The arrangement may be prohibited if assessed by the local authority as unsuitable.

Duration

Subject to discretion of person with parental responsibility and readiness of private foster carer.

Placement supervision

It is not a placement, but there are statutory visits to child by social worker, minimum 6 weekly in first year, then 12 weekly

Review of placement

It is not a placement, but the local authority may do formal reviews in addition to ongoing assessment during visits.

Support Services

Provision of advice and support as determined necessary by the local authority, which may assess the child as a child in need, with a child in need plan, and provide services or support for child or family under section 17 of the Children Act 1989

Financial support, entitlement

Can claim child benefit and child tax credit if not being paid to parent. Financial responsibility to maintain the child remains with holders of parental responsibility

Financial support, discretionary

Local authority has discretion to make one-off or regular payments under Section 17 Children Act

 

Family care informal

Routes into the caring arrangement

The relative has chosen to take on the care of the child but does not have parental responsibility, and the arrangement was not made by the local authority.

The child is not a looked after child.

Relative may perceive the parents to be unable to care for the child, or the parents may be dead or otherwise not available e.g. in prison, or there may be an agreement between relatives due to difficult family circumstance

Parental responsibility

Remains with birth parents but the person who cares for the child may do what is reasonable to safeguard or promote the child’s welfare

Approval basis

None

Duration

Subject to discretion of person with PR

Placement supervision

None

Review of placement

None

Support Services

No entitlement but the Local authority may assess the child as a child in need, with a child in need plan, and provide services or support for child or family under section 17 of the Children Act 1989

Financial support, entitlement

Can claim child benefit and child tax credit if not being paid to parent. Financial responsibility to maintain the child remains with holders of PR. Guardians Allowance payable if both parents have died, or the only surviving parent cannot be found or serving 2 years or more prison sentence.

Financial support, discretionary

Local authority has discretion to make one-off or regular payments under section 17 Children Act

 

Family and friends foster care

Routes into the caring arrangement

The child has been placed with the relative or friend by the local authority, because the person who had been caring for the child was deemed not to be providing suitable care. The child is a looked after child and so the local authority must approve the relative or friend as a local authority foster carer.

The child may be accommodated voluntarily with the agreement of the parents or may be subject to a care order.

Parental responsibility

Remains with birth parents if child accommodated under section 20 Children Act, or if the child is subject to a care order or emergency protection order the local authority will have parental responsibility and determines the extent to which it may be exercised by others.

Approval basis

Approved as local authority foster carers in accordance with Fostering Services Regulations. If child is looked after, carers must be approved as foster carers even if close relatives.

Duration

So long as placement remains in line with child’s care plan, as determined by local authority.

Placement supervision

Statutory, visits to child by social worker and supervision of foster carers by supervising social worker.

Review of placement

Statutory reviews of child’s care plan, minimum 6 monthly, and annual reviews of local authority foster carers’ approval.

Support Services

Support to meet child’s needs including health plan and personal education plan.

Training and practical support to foster carers in accordance with the Fostering services Regulations,National Minimum Standards and Children's Workforce Development Council standards.

Young person may be entitled to leaving care support services.

Financial support, entitlement

Child benefit and child tax credit not payable.

Weekly allowance to meet the costs of caring for the child. This should meet at least the national minimum rate set by Department for Children, Schools and Families.

The Manchester City Council judgment ruled that allowances must be the same for all foster carers, whether or not family & friends.

Financial support, discretionary

Some fostering providers pay their foster carers a fee to recognise the carers’ skill, experience and commitment.

The Manchester City Council judgement (which requires allowances to be paid o n the same basis regardless of the relationship of the carer to the child) did not consider fees. However, Statutory Guidance for Fostering Services requires that any policy in relation to the payment of fees must be applied to all foster carers who meet the criteria in the same way and must not discriminate on the grounds of a pre-existing relationship with the child.

 

Unrelated foster care

Routes into the caring arrangement

The child is a looked after child being accommodated by the local authority under section 20 Children Act 1989 or because the child is subject to a care order, but has been placed with a foster carer by the local authority.

Alternatively, the local authority may choose to place a child into residential care where this is considered to best meet the child’s needs

Parental responsibility

Remains with birth parents if child accommodated under section 20 Children Act, or if the child is subject to a care order or emergency protection order the local authority will have parental responsibility and determines the extent to which it may be exercised by others.

Approval basis

Approved as local authority foster carers in accordance with Fostering Services Regulations. If child is looked after, carers must be approved as foster carers even if close relatives.

Duration

So long as placement remains in line with child’s care plan, as determined by local authority.

Placement supervision

Statutory, visits to child by social worker and supervision of foster carers by supervising social worker.

Review of placement

Statutory reviews of child’s care plan, minimum 6 monthly, and annual reviews of local authority foster carers’ approval.

Support Services

Support to meet child’s needs including health plan and personal education plan.

Training and practical support to foster carers in accordance with the Fostering services Regulations,National Minimum Standards and Children's Workforce Development Council standards.

Young person may be entitled to leaving care support services.

Financial support, entitlement

Child benefit and child tax credit not payable.

Weekly allowance to meet the costs of caring for the child. This should meet at least the national minimum rate set by Department for Children, Schools and Families.

The Manchester City Council judgment ruled that allowances must be the same for all foster carers, whether or not family & friends.

Financial support, discretionary

Some fostering providers pay their foster carers a fee to recognise the carers’ skill, experience and commitment.

The Manchester City Council judgement (which requires allowances to be paid o n the same basis regardless of the relationship of the carer to the child) did not consider fees. However, Statutory Guidance for Fostering Services requires that any policy in relation to the payment of fees must be applied to all foster carers who meet the criteria in the same way and must not discriminate on the grounds of a pre-existing relationship with the child.

 

Children arrangements order

Routes into the caring arrangement

The child may be at risk of becoming ‘looked after’ and a friend or relative applies for an order, or the child may have been ‘looked after’ and their foster carer or other relative or friend applies for an order.

In either circumstance, application can be made without the support of the parents or the local authority. Relatives may apply for an order after the child has lived with them for one year.

Or, there can be benign reasons, e.g. after parents’ death and in line with a prior agreement between the birth parents and the carer.

Parental responsibility

Shared by parents and holder of Child Arrangements Order.

Approval basis

Appointed by court following application.

Duration

Age 18.

Review of placement

None.

Support Services

No entitlement, but local authority has discretion to provide services or support for child or family under section 17 of the Children Act.

Financial support, entitlement

Can claim child benefit and child tax credit if not being paid to parent.

Financial support, discretionary

Local authority has discretion to pay Child Arrangements Order allowance, usually if child was previously fostered by the carers, or exceptionally if making Child Arrangements Order prevents child becoming looked after. Any allowance reviewed annually.

 

Special guardianship order (SG0)

Routes into the caring arrangement

The child may be at risk of becoming ‘looked after’ and a friend or relative applies for an order, or the child may have been ‘looked after’ and their foster carer or other relative or friend applies for an order.

In either circumstance, application can be made without the support of the parents or the local authority. Relatives may apply for an order after the child has lived with them for one year.

Or, there can be benign reasons, e.g. after parents’ death and in line with a prior agreement between the birth parents and the carer.

Parental responsibility

Parental responsibility shared with parents and any one else with parental responsibility for the child. The special guardian may exercise parental responsibility to the exclusion of all others with parental responsibility, apart from another special guardian.

Approval basis

Appointed by court, following application from the applicant. Local authority must investigate the matter and prepare a report for the court dealing with the suitability of the applicant to be a special guardian.

Duration

Age 18 unless varied or discharged by the court before the child reaches 18 years.

Placement supervision

None.

Review of placement

None.

Support Services

If child was looked after prior to making the SGO, local authority must assess for need for special guardianship support services. Local authority has discretion whether to provide support.

Young person may be entitled to leaving care support services if was a looked after child prior to making of the SGO.

Financial support, entitlement

Can claim child benefit and child tax credit if not being paid to parent.

Financial support, discretionary

Entitled to an assessment for financial support under the Special Guardianship Regulations 2005 if child looked after prior to order and meets the criteria in the regulations.

Subject to assessment as above and for former foster carers can include an element of remuneration.

Regular or one off payments.

Any allowances reviewed annually.

 

Adoption

Routes into the caring arrangement

Looked after children, the local authority may decide that the child should be placed for adoption. They can only do so with the consent of the birth parent or under a placement order made by a court.

An approved foster carer can apply for an adoption order after a year of caring for the child.

Other informal carers could apply for an adoption order if the child has lived with them for a period of 3 years.

Parental responsibility

Transfers to adopters and relationship with birth p arents is severed.

Approval basis

Adoption agency ass ess es and approves prospective adopters, court makes order regarding specific child. If the child is not looked after then notice of intention to adopt must be given to the local authority who then carry out an assessment or report for the court.

Duration

Permanent lifelong relationship.

Placement supervision

When child is placed for adoption by the local authority, the placement is supervised and there are statutory reviews. Once the adoption order is made, none.

Review of placement

When child is placed for adoption by the local authority, the placement is supervised and there are statutory reviews. Once the adoption order is made, none.

Support Services

Entitlement to assessment for adoption support services, which may be provided at discretion of local authority in accordance with Regulations and National Minimum Standards.

Financial support, entitlement

Can claim child benefit and child tax credit if not being paid to parent. Entitlement to assessment for financial support, part of adoption support. if child looked after prior to order.

Financial support, discretionary

Subject to assessment, one off payments or regular adoption allowance may be paid.

Information about how to make a representation about a service is available on the Dorset Council website.

Advocacy and representation for Dorset children and young people who are in need or in care is provided by NYAS. To make a referral go to www.nyas.net/referrals. Their Helpline number is 0808 808 1001.

Action for Prisoners’ Families works to reduce the negative impact of imprisonment on prisoners’ families.
www.prisonersfamilies.org
Advice Line Tel: 0808 808 2003
E-mail: info@prisonersfamilies.org

We Are With You offers a range of support developed for families and carers affected by substance misuse.
www.wearewithyou.org.uk
Tel: 020 7251 5860

Adfam works with families affected by substance misuse and supports carers of children whose parents have drug and alcohol problems.
adfam.org.uk
Tel: 020 7553 7640
E-mail: admin@adfam.org.uk

Coram British Association for Adoption and Fostering (CoramBAAF) provides information and advice about adoption and fostering and publishes resources.
corambaaf.org.uk
Tel: 0300 222 5775
E-mail: advice@corambaaf.org.uk

Children’s Legal Centre provides free, independent legal advice and fact sheets to children, parents, carers and professionals.
www.childrenslegalcentre.com
Child Law Advice Line Tel: 0808 802 0008

Citizens Advice Bureau help people with legal, financial and other problems by providing free, independent and confidential advice.
Find your local Bureau at www.citizensadvice.org.uk.

Department for Education provides help lines and on-line services on a range of issues.
Support for children and young people: detailed information (GOV.UK Website)

Family Fund Trust assists families with children who are severely ill or who are disabled by making grants available for things that make life easier for the child and their family.
www.familyfund.org.uk
Tel: 0845 130 4542
E-mail: info@familyfund.org.uk

Family Rights Group provides advice to parents and other family members whose children are involved with or require Children’s Social Care Services because of welfare needs or concerns. Publishes resources, helps to develop support groups for family and friends carers, and runs a discussion board.
www.frg.org.uk
Advice Line Tel: 0800 801 0366
E-mail: advice@frg.org.uk

The Fostering Network supports foster carers and anyone with an interest in fostering to improve the lives of children in care. Publishes resources and runs Fosterline, a confidential advice line for foster carers including concerns about a child’s future, allegations and complaints, legislation and financial matters.
www.thefosteringnetwork.net
Fosterline Tel: 0800 040 7675
E-mail: info@fostering.net

Kinship champions the role of grandparents and the wider family in children’s lives, especially when they take on a caring role in difficult family circumstances.
www.kinship.org.uk
Advice Line Tel: 0300 123 7015
E-mail: advice@kinship.org.uk

The next expected review date is 2026.