Kinship Care Policy

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 families should be enabled to care for their children unless this is not consistent with the child's welfare. The Kinship Care Team is committed to enabling children to live within their Kinship network when it is safe for them to do so and is in the child’s best interests. 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 and their day to day carers, not simply on the child's legal status, and will seek to ensure that Kinship Care carers are provided with support to ensure that children do not become un-necessarily looked after by the local authority, or do not have to remain looked after longer than is needed.

The Kinship Care Team offers varied support, according to need, including access to Training Workshops, Support Groups, social work support, and access to the Kinship Care Support Service. The Kinship Care Team completes assessments of support need, which can inform applications to the Adoption & Special Guardianship Support Fund for therapeutic support for a child, for those families who are eligible. Not all Kinship families are eligible, we will endeavour to support families to access therapeutic support from universal services, where this is the case. The Kinship Care Support Service will signpost carers to other services within the Local Authority or other agencies where appropriate. Any Kinship Carer can ask for support from the Kinship Care Support Service by self-referring to the Front Door for Families (FrontDoorForFamilies@brighton-hove.gov.uk). The Kinship Care Team produces regular newsletters which Kinship Carers can sign up for at any time.

3. Legal Framework

The local authority has a general duty to safeguard and promote the welfare of Children in Need* living within its area and to promote the upbringing of such children by their families. The way in which we fulfil this duty is by providing a range and level of services appropriate to those children's assessed needs (Section 17, Children Act 1989). This can include financial, practical or other support.

It is important to note that the local authority does not have a general duty to assess all arrangements where children are living with their wider family or friends network rather than their parents but it does have a duty where it appears that services may be necessary to safeguard or promote the welfare of a Child in Need.

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

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

For a detailed summary of the meaning and implications of different legal situations, the rights of carers and parents, and the nature of decisions which Kinship 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 Kinship 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.

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

4. Different Situations whereby Children may be Living with Kinship Carers

4.1 Informal Kinship 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 Kinship network.

The local authority does not have a duty to assess any such informal Kinship Care arrangements, unless it appears to the authority that services may be necessary to safeguard or promote the welfare of a Child in Need.

4.2 Private fostering arrangements

A privately fostered child is a child under 16 (or 18 if disabled) who is cared for by an adult who is not a parent or close relative, where the child is to be cared for in that home for 28 days or more.

Close relative is defined as: 'a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent.' It does not include a child who is Looked After by a local authority. In a private fostering arrangement, the parent still holds parental responsibility and agrees the arrangement with the private foster carer, and the Local Authority is not involved in making the arrangement.

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.

The Kinship Care Team does not support or assess Private Fostering Arrangements, these are assessed and supported by the Front Door For Families.

4.3 Kinship Care foster carers – 'Connected Persons'

Where a child is looked after by the local authority, there is a responsibility wherever possible to make arrangements for the child to live within their Kinship network, with persons approved as local authority foster carers (Section 22C(5) of the Children Act 1989 Guidance and Regulations). The child can be placed with the Kinship Carer prior to such approval, subject to an assessment of the placement, for up to 16 weeks; this is known as a ‘Regulation 24 placement’.

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 the Kinship Care Fostering Allowance on a weekly basis. Please refer to the Kinship Care Team for current figures.

• Where a child is looked after and already placed with kinship carers, the assessment and approval process has to be completed within the temporary approval period of 16 weeks. 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. Potential Kinship foster carers will be fully briefed about the assessment and approval process by their assessing social worker from the Kinship Care Team and provided with written information.

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 them to fulfil their responsibilities to the child. Where a child is placed in the expectation that they will stay with the Kinship Care carers for the duration of their childhood, a support plan must be completed.

Kinship Carers who apply to be foster carers for a specific Looked After child will be assessed using Kinship Care Assessment Format. This assessment will be presented to BHCC Fostering Panel in the same way as for any other foster carer. In the majority of cases, the timescale for assessments is set by the Court and is generally 12 weeks.

Where a child is looked after and already in the placement as indicated above the assessment and approval process has to be completed within the temporary approval period of 16 weeks. 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. Potential family & friends foster carers will be fully briefed about the assessment and approval process by their assessing social worker from the Kinship Care Team.

Once approved as foster carers, Kinship Care carers will be allocated a supervising social worker from the Kinship Care Team to provide support and supervision; and carers will receive Kinship allowances for as long as they care for the child as a Kinship Foster Carer.

Kinship Care Foster Carers are paid the same Allowance as unrelated Foster Carers, based on the Government’s recommended National Minimum Fostering Allowance, see Becoming a foster parent in England.

There are mandatory training courses in relation to the Fostering task which unrelated carers are required to complete, in addition to the Training, Support and Development Standards portfolio (TSDS) which evidences knowledge and compliance against Fostering Standards. Successful completion of these requirements attracts a skills fee payment. This skills fee payment is available to fully approved Kinship Care Foster Carers on satisfactory completion of mandatory training courses and TSDS portfolio.

While the child remains a looked after child, Kinship Foster Carers are expected to cooperate with all the processes that are in place to ensure the child receives appropriate care and support, for example, contributing to reviews of the child's Care Plan and Support Plan, cooperating with the child's social worker, and promoting the child's education and health needs. The expectations of Foster Carers are set out in the Foster Carer agreement which all carers are expected to sign up to.

While the child remains a looked after child, Kinship Foster Carers are 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 and Support Plan, cooperating with the child's social worker and promoting the child's education and health needs. The expectations of Foster Carers are set out in the Foster Carer agreement which all carers are expected to sign up to.

4.4 Child Arrangements Order

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

These orders replace the previous Contact Orders and Residence Orders.

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

Child Arrangements Orders may be made in private family proceedings in which the local authority is not a party nor involved in any way in the arrangements. However, a Child Arrangements Order in favour of a of a member of the Kinship network 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 and is not intended to remove responsibility from the birth parents to make adequate financial provision for their child. Financial Support is normally only provided in order to avoid a child becoming looked after by the local authority or to enable a child who is being looked after by the local authority to be cared for by family placement outside of the care system.

Where the placement cannot proceed without financial support, an assessment will be undertaken and a case for financial support to a Child Arrangements Order can be made by the assessing social worker. This should be presented to the Kinship Care Team Manager, who will consider the case.

Where an allowance is agreed, an annual statement will be required from the carer, confirming the child’s continued residence and attendance in full time education up to the age of 18years.

Carers are expected to notify the Local Authority if the child leaves their care, or commences full time employment.

4.5 Special Guardianship Order

Special Guardianship offers a further permanence option for children who cannot be cared for by their parents. Special Guardianship Orders were introduced in December 2005 and confer additional legal security to the carers of a child but do not legally sever the links with the child’s parents. Relatives may apply for a Special Guardianship Order after caring for the child for one year. The Local Authority may also invite the Court to make a Special Guardianship Order if the child is subject to Public Law Proceedings, often known as ‘Care Proceedings’.

Special Guardians hold 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 is the case with a Child Arrangements Order.

Special Guardianship Orders may be made in private family proceedings and the local authority may not be a party to any such arrangements.

Special Guardianship offers a further permanence option for children who cannot be cared for by their parents. Special Guardianship Orders were introduced in December 2005 and confer additional legal security to the carers of a child but do not legally sever the links with the child's parents. Relatives may apply for a Special Guardianship Order after caring for the child for one year. The Local Authority may also invite the Court to make a Special Guardianship Order if the child is subject to Public Law Proceedings, often known as ‘Care Proceedings’.

Special Guardians hold Parental Responsibility for the child which, while it is still shared with the parents, can be exercised with greater autonomy on day-to-day matters than where there is a Child Arrangements Order.

4.6 Special Guardianship Allowances

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. A financial assessment will be undertaken and a draft support plan will be set out and fully discussed with the Special Guardian before the order is made.

Parents remain financially liable for a child who is subject to a Special Guardianship Order although Special Guardians also gain responsibility to financially support the child by virtue of gaining parental responsibility.

Where the child was looked after by the local authority immediately prior to the making of the SGO and a fostering allowance was being paid to the kinship foster carers the Local Authority will continue to pay the allowance as a special guardianship allowance.

The Special Guardianship Allowance is based on the Government’s recommended National Minimum Fostering Allowance, see Becoming a foster parent in England.

Special Guardians are able to claim Child Benefit whilst Foster carers are not. The equivalent amount to child benefit will be deducted from the Special Guardianship allowance for anyone who is entitled to claim Child Benefit. The equivalent to child benefit is not deducted for those special guardians in receipt of Universal Credit or welfare benefits, provided they are able to provide evidence of this at the annual financial review.

In order for a Special Guardianship Allowance to continue to be payable until the child/young person turns 18, an annual statement is required from the special guardian, confirming the child’s continued residence with them, and attendance in full time education.

Kinship carers (SGO, CAO or RO holders) are expected to notify the Local Authority if the child leaves their care or commences full time employment, to enable arrangements to be made to end the Allowance.

If the child was not looked after prior to the making of the special guardianship order, the local authority may carry out an assessment if requested, to determine whether support, including financial support is required to support the placement.

In any scenario where the Special Guardian is experiencing real financial hardship for a period and considers that the children's welfare might be affected or put at risk, the Special Guardian should notify the Local Authority, who will conduct a fresh financial assessment of the Special Guardian's circumstances. The Local Authority will at the same time, conduct an assessment under section 17 of the Children Act 1989 of the children's needs, taking into account the resources of the family to meet those needs. If there is real financial hardship that would put the children's welfare at risk, the Local Authority would ensure that the children's basic needs are met, whilst undertaking these assessments.

4.7 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 as if they were born to that family.

An Adoption Order in favour of a relative or friend  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. This may include financial support. Financial support is subject to an initial and annual financial assessment.

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;
   
   
3. Weekly living contribution
   
   It is possible for the local authority to make regular payments where family members or friends care for a child where the child was previously 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. All Kinship carers are advised to ensure that they are receiving all the welfare benefits to which they are entitled. Brighton & Hove welfare rights team or other welfare rights advice service should be contacted. Child benefit can be claimed in relation to children that are subject to a Child Arrangements Order or Special Guardianship Order but cannot be claimed by Kinship foster carers in relation to a child in care. Child Benefit will be deducted from the standard age-banded Special Guardianship or Child Arrangements Order Allowance as detailed above. 

Where the Local Authority is involved in placing a child within their Kinship network, we will also consider paying for the Kinship Carer to receive a one-off Legal Consultation to support the carers understanding of the legal decision-making and consequences involved.

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;
3. Weekly living contribution
   
   It is possible for the local authority to make regular payments where family members or friends care for a child where the child was previously 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. All Kinship Care carers are advised to ensure that they are receiving all the welfare benefits to which they are entitled. Brighton & Hove welfare rights team or other welfare rights advice service should be contacted. Child benefit can be claimed in relation to children that are subject to a Child Arrangements Order or Special Guardianship Order but cannot be claimed by Kinship Care foster carers in relation to a child in care. Child Benefit will be deducted from the standard age-banded Special Guardianship or Child Arrangements Order Allowance as detailed above.

Where the Local Authority is involved in placing a child within their Kinship network, we will also consider paying for the Kinship Carer to receive a one-off Legal Consultation to support the carers understanding of the legal decision-making and consequences involved.

6. Accommodation

As part of any Support Plan, the Local Authority will consider the Housing needs of any Kinship family. We will support moves to appropriate accommodation, where possible, if this will prevent the need for a child becoming looked after. In the first instance, this will always involve supporting the family to be prioritised for social housing.

7. Education

From 1 September 2021, the School Admissions Code provides that children being raised by Kinship Care 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.

8. 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 Kinship Care 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.

Contact arrangements in Kinship Care placements can be challenging to manage and may require the ongoing support of the local authority. Support for contact arrangements will be addressed in the Special Guardianship Support Plan, and support is available through the Kinship Care Support Service.

As a general rule parents are expected to take responsibility for getting to and from contact.

9. 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, to both enable the family to consider what support they can provide, and to consider who may be best placed to care for a child if needed. 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.

We can also consider using a Family Group Conference to support a family to manage contact arrangements after either a SGO or CAO has been made.

10. 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.