Family and Friends Care

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.

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 his or her immediate family and the local authority is considering the need to look after the child, we will make strenuous efforts to identify potential carers within the child's network of family or friends who are able and willing to care for the child.

We will provide support for any such arrangements based on the assessed needs of the child, not simply on his or her legal status, and will seek to ensure that family and friends carers are provided with support to ensure that children do not become looked after by the local authority, or do not have to remain looked after longer than is needed. We will provide support and training in ways that are appropriate and encouraging for family and friends carers.

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.

*A Child in Need is defined in Section 17(10) of the Children Act 1989 as a child who is disabled or who is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by the local authority.

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

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

For a detailed summary of the meaning and implications of different legal situations, the rights of carers and parents, and the nature of decisions which family and friends carers will be able to make in relation to the child, please see 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. 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. Different Situations whereby Children may be Living with Family and Friends Carers

4.1 Informal Family and Friends Care Arrangements

Where a child cannot be cared for within his or her immediate family, the family may make their own arrangements to care for the child within the family and friends network.

The local authority does not have a duty to assess any such informal family and friends care arrangements, unless it appears to the authority that services may be necessary to safeguard or promote the welfare of a Child in Need. In such cases, the local authority has a responsibility under Section 17 of the Children Act 1989 to assess the child's needs and provide services to meet any assessed needs of the child. Following 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.

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 Procedure

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. See Section 4.2, Private Fostering Arrangements.

Please Note: 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 here: Family Rights Group.

5. Provision of Financial Support - General Principles

There are three categories of payment, which may be considered. One or more of these may be applicable, depending on the particular circumstances of the case:

1. Subsistence crisis (one-off) payments
   
   These should be used to overcome a crisis, following the best assessment that can be achieved in the circumstances;

2. Setting-up
   
   These are for such items as clothing, furniture, or bedding. The social worker must be satisfied that the carers' financial position justifies the payment through a financial assessment. Assistance may be given subject to conditions, including repayment in certain situations. However, in most situations, it will be inappropriate for the Department to seek to recover money provided under these circumstances;

3. Weekly living contribution
   
   It is possible for the local authority to make regular payments where family members or friends care for a child whether or not the child is not Looked After. Where regular payments are to be made, relative carers should be assisted to maximise their Income / Benefit as regular payments may adversely affect an individual's claim to income support.
   
   In all cases where regular financial support is agreed, a written agreement will be drawn up detailing the level and duration of the financial support that is to be provided, and the mechanism for review.

The following criteria will be applied to all such payments:

• The purpose of the payments must be to safeguard and promote the welfare of the child;
• As part of the assessment, a view should be taken as to whether the carers need financial support based on their reasonable requirements in taking on the care of the child;
• There are no other legitimate sources of finance;
• Payments will be paid to the carer, not the parents;
• The payment would not place any person in a fraudulent position.

5.1 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 ASGSF within 3 months of assessing a family’s support needs. The Adoption and Special Guardianship Support Fund (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 (placed) 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 SGO 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).

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. 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.

8. Education

From 1 September 2021, 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 SGO 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.

9. Supporting Contact with Parents

The authority is under a duty to promote contact for all Children in Need, although this differs depending on whether or not the child is Looked After.

Where the child is not Looked After, we are required to promote contact between the child and his/her family 'where it is necessary to do so in order to safeguard and promote his or her welfare'. As part of the support arrangements, it may be identified that specific assistance is required to ensure that any such contact can be managed safely. If necessary, information will be made available to family and friends carers about local contact centres and family mediation services, and how to make use of their services.

Where a child is Looked After, we are required to endeavour to promote contact between the child and his or her family 'unless it is not practicable or consistent with the child's welfare'. The overall objective of the contact arrangements will be included in the child's Care Plan and the specific arrangements will be set out in the child's Placement Plan - see Contact with Parents / Adults and Siblings Procedure.

10. 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.

11. 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.

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

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

Annex B: Central Bedfordshire Council Children's Social Care Services

Assesses and supports children who are in need, in need of protection or looked after by the Council.

Intake and Assessment Team - for all initial enquiries about children in need or in need of protection.

Telephone: 0300 300 8303
Email: intake&assessment@centralbedfordshire.gov.uk

Family Support Team.

Telephone: 0300 300 8149

Children with Disabilities Team - for all initial enquiries about children with disabilities.

Telephone: 0300 300 6363 or 0300 300 6358
Email: CWD.Duty@centralbedfordshire.gov.uk

Adoption Team - support for adopters or special guardians.

Telephone: 0300 300 8090
Email: Adoptionsandfostering@centralbedfordshire.gov.uk

Fostering Team - support for Families and Friends Carers.

Telephone: 0300 300 8090
Email: Adoptionsandfostering@centralbedfordshire.gov.uk

Family Lives - works to reduce the negative impact of imprisonment on prisoners' families. Produces publications and resources, and provides advice, information and training as well as networking opportunities.

www.familylives.org.uk
Telephone: 0808 800 222

Aquarius - Offers support to anyone under 18 in Bedfordshire who is affected by substance misuse.

aquarius.org.uk/our-services/young-peoples-services/bedfordshire-yp
Address: Aquarius, Young People's Team Bedfordshire, Woburn Court, 2 Railton Road, Kempston, MK42 7PN
Telephone: 0330 008 3925
Email: ypbedfordshire@aquarius.org.uk

Adfam - Works with families affected by drugs and alcohol, and supports carers of children whose parents have drug and alcohol problems.

www.adfam.org.uk
Address: 25 Corsham Street, London, N1 6DR
Telephone: 020 7553 7640
Email: admin@adfam.org.uk

Advisory Centre for Education (ACE) - Offers free independent advice and information for parents and carers on a range of state education and schooling issues, including admissions, exclusion, attendance, special educational needs and bullying.

www.ace-ed.org.uk
Address: 1c Aberdeen Studios, 22 Highbury Grove, London, N5 2DQ
General advice line: 0808 800 5793
Exclusion advice line: 0808 800 0327
Exclusion information line: 020 7704 9822 (24hr answer phone)

CoramBAAF Adoption and Fostering Academy - is the leading membership organisation dedicated to improving outcomes for children and young people in care by supporting the agencies and professionals who work with them.

corambaaf.org.uk/
Address: CoramBAAF, Coram Campus, 41 Brunswick Square, London, WC1N 1AZ
Tel: 020 7520 0300
Email: advice@corambaaf.org.uk

Children's Legal Centre - Provides free independent legal advice and factsheets to children, parents, carers and professionals.

www.childrenslegalcentre.com
Address: University of Essex, Wivenhoe Park, Colchester, Essex, CO4 3SQ
Telephone: 01206 877 910
E-mail: clc@essex.ac.uk
Child Law Advice Line: 0808 802 0008
Community Legal Advice - Education: 0845 345 4345

Citizens Advice Bureau - Helps people resolve their legal, money and other problems by providing free, independent and confidential advice through local bureau and website.

www.citizensadvice.org.uk

Support for Children and Young People (GOV.UK) - Lists details of telephone help lines and online services to provide information, advice and support on a range of issues that parents and families may face in bringing up children and young people.

www.gov.uk/topic/schools-colleges-childrens-services/support-for-children-young-people

Family Fund Trust - Helps families with severely disabled or seriously ill children to have choices and the opportunity to enjoy ordinary life. Gives grants for things that make life easier and more enjoyable for the disabled child and their family.

www.familyfund.org.uk
Address: 4 Alpha Court, Monks Cross Drive, York, YO32 9WN
Tel: 0845 130 4542
Email: info@familyfund.org.uk

Family Rights Group (FGR) - 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
Address: Second Floor, The Print House, 18 Ashwin Street, London, E8 3DL
Telephone: 020 7923 2628
Email: advice@frg.org.uk
Advice line: 0800 801 0366

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.org.uk/
Address: 87 Blackfriars Road, London, SE1 8HA
Email: info@fostering.net
Telephone: 020 7620 6400
Email: fosterline@fostering.net
Fosterline: 0800 040 7675

Grandparents Plus - Champions the role of grandparents and the wider family in children's lives, especially when they take on the caring role in difficult family circumstances.

www.grandparentsplus.org.uk/
Address: Grandparents Plus, 18 Victoria Park Square, Bethnal Green, London, E2 9PF
Telephone: 020 8981 8001
Email: info@grandparentsplus.org.uk

Mentor UK - Promotes the health and wellbeing of children and young people to reduce the damage that drugs can do to lives.

www.mentoruk.org.uk
Address: Fourth Floor, 74 Great Eastern Street, London, EC2A 3JG
Telephone: 020 7739 8494
Email: admin@mentoruk.org

Family Mediation Helpline - Provides information and advice about family mediation services and eligibility for public funding.

Telephone: 08456 026627

National Family Mediation (NFM) - Provides mediation services to support couples who are separated, and their children and others affected by this.

www.nfm.org.uk
Address: 4 Barnfield Hill, Exeter EX1 1SR
Telephone: 0300 4000 636
Email: general@nfm.org.uk

Partners of Prisoners and Families Support Group - Operates helpline and provides a variety of services to support anyone who has a link with someone in prison, prisoners and other agencies.

www.partnersofprisoners.co.uk
Address: Valentine House, 1079 Rochdale Road, Blackley, Manchester, M9 8AJ
Telephone: 0161 702 1000
Email: info@prisonersfamilieshelpline.co.uk
Offenders' Families Helpline Tel: 0808 808 2003

Prison Advice and Care Trust (PACT) - Provides practical and emotional support to prisoners and to their children and families. The Kinship Care Support Service provides support and advice to family members and friends who care for children whose parents are in HMP Holloway.

www.prisonadvice.org.uk
Address: Park Place, 12 Lawn Lane, Vauxhall, London, SW8 1UD
Telephone: 020 77359535

Parentline Plus - (Now called Family Lives). Provides help and support in all aspects of family life, including information, an online chat facility and a 24 hour helpline.

www.familylives.org.uk
Telephone: 0808 800 222

TalktoFrank - The government's national drugs helpline which offers free confidential drugs information and advice 24 hours a day. Information and advice is also available via the website.

www.talktofrank.com
24 hour advice line: 0800 77 66 00
Text: 82111
Email: frank@talktofrank.com

CoramVoice - Advocacy organisation for children living away from home or in need.

coramvoice.org.uk/
Address: Head office Coram Voice, Gregory House, Coram Campus, 49 Mecklenburgh Square, London WC1N 2QA
Telephone: 020 7833 5792
Email: info@coramvoice.org.uk

Young Minds - Works to improve the emotional wellbeing and mental health of children and young people and empowering their parents and carers.

www.youngminds.org.uk
Address: 48-50 St John Street, London, EC1M 4DG
Telephone: 020 7336 8445

Annex C: Mid-Bedfordshire Services

Mid-Bedfordshire (Biggleswade) Citizens Advice Bureau
Century House,
Market Square,
BIGGLESWADE,
Bedfordshire,
SG18 8UU

Telephone: 01767 601368 appointments line
www.midbedscab.org.uk

Mid-Bedfordshire (Ampthill) Citizens Advice Bureau
The Court House,
Woburn Street,
AMPTHILL,
Bedfordshire,
MK45 2HX

Telephone: 01525 402742 appointment line
www.midbedscab.org.uk

Dunstable and District Citizens Advice Bureau
Grove House,
76 High Street North,
DUNSTABLE,
Bedfordshire,
LU6 1NF

Telephone: 01582 661384 (advice line)
01582 670003 (administration line)
www.dunstablecab.org.uk

Leighton Linslade Citizens Advice Bureau
Bossard House,
West Street,
LEIGHTON BUZZARD,
Bedfordshire,
LU7 1DA

Telephone: 01525 373878 (Advice Line)
01525 374589 (Administration only - no advice given)
Fax: 01525 371161
www.leightonlinsladecab.org.uk

Bedford & District Citizens Advice Bureau
7a St Paul's Square,
BEDFORD,
Bedfordshire,
MK40 1SQ

Telephone: 01234 354384
Fax: 01234 210065
www.bedfordcab.org.uk