Kinship 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 Blackburn with Darwen’s (BWD) 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 at BWD 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. 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 at the earliest opportunity within the child's network of family or friends who are able and willing to care for the child. At BWD we recognise the vital contribution family members and friends make in providing care for children. The great majority of children living with their kinship network does so without the intervention of the local authority. There are occasions where assistance may be requested to support a kinship arrangements for children. These children, without the support provided by those family and friends, would be dependent on statutory fostering or residential care, or would be children in need without support. This policy clarifies how that support is arranged, where there is an assessed need.

This policy sets out how the BWD will balance its duty under the Children Act 1989 to ensure that children are safeguarded and the requirement under the Human Rights Act 1998 that 'authorities do not intrude unnecessarily in family life'.

This policy is based on the following principles:

• That in any kinship care arrangement, the child's best interests are paramount and must take precedence over the interests of others involved;
• That children unable to live with their parents should be enabled to live within their families or with friends where this is consistent with their welfare. In the great majority of cases, this will not need any intervention by the local authority;
• That the local authority will undertake the minimum statutory intervention in the lives of those children for whom it has a duty of care by working in partnership with family or friends though the use of this Policy;
• That support within kinship care arrangements will be based on the assessed needs of the child and the day to day carers. and will seek to ensure that kinship 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, support groups, working with other agencies and partners, direct support and social work advice and guidance. 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. The kinship care team produces regular newsletters which kinship carers can sign up for at any time. Any kinship carer can ask for support from the kinship care support service by self-referring to kinshipcaresupport@blackburn.gov.uk.

That actions under this policy aim to promote permanence and stability for children by enabling those who cannot live with their parents to remain with members of their extended family or friends.

Diversity Statement

At BWD we recognise that many of the children and those who apply to become kinship carers will come from diverse ethnic, religious and cultural backgrounds, and/or may have particular disabilities. These factors must be taken into consideration when establishing the best arrangements for the child.

3. Views of Young People

Research around the views of children and young people tells us that children and young people think "families should be given a chance to suggest other ways of looking after children before they go into care" (Care Matters, Young People's Responses, DfES 2007). However, what was clear from the 2009 report, the Planning, Placement and Review: A report of a children's consultation by the DSCF by the Children's Rights Director for England was that children and young people felt that we should "try families and friends, but assess first". "Just because they are family doesn't mean to say they are good at looking after us". However, children interviewed through other research express a general support of kinship care as a viable option, and children considered themselves close to their kinship carers. Consultation with our own children and young people around service delivery will continue to shape and influence policy development and ultimately, how those services are delivered.

In drawing up this policy, we have consulted children and young people, kinship carers and parents. A summary of findings from these consultations, showing how their views have informed this policy, is at Annex B - Summary of Consultation Findings.

4. Legal Framework

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

It is important to note that local authorities do not have a general duty to assess all arrangements where children are living with their wider kinship 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 family and friends carers will be able to make in relation to the child, please see Appendix A 'Caring for Somebody Else's Child - Options'. Section 4, Legal Framework sets out the local authority powers and duties in relation to the various options.

In relation to financial support, local authorities may provide carers of Children in Need with such support on a regular or one-off basis, under Section 17 of the Children Act 1989. This may include discretionary funding. 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 kinship carers 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 kinship carers who are caring for children in these different contexts.

Definitions

Child in Need - 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.

Looked After - a child who is Accommodated by the local authority, or who is the subject of an Interim Care Order, a full Care Order or an Emergency Protection Order.

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

There are a number of situations where a child may live in the care of kinship carers, each with different levels of permanence and therefore a different legal basis. This Policy addresses the following situations:

• Informal Kinship Care arrangements;
• Private Fostering arrangements;
• Kinship Care foster carers - "Connected Person";
• Child Arrangements Orders;
• Special Guardianship Orders;
• Adoption.

5.1 Informal Kinship Care arrangements

This is where a child cannot be cared for within his or her immediate family, and the family make fully private arrangements between themselves and other relatives. "Relative" means grandparent, brother, sister, uncle or aunt (whether full blood or half blood or by marriage or civil partnership) or stepparent, as defined in section 105 of the Children Act 1989.

The local authority does not have a duty to assess any such informal kinship care arrangements and will only do so where it appears 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 offered should this be identified. This can comprise of a variety of different types of services and support, including financial support.

Financial support would only be provided following an assessment and in compliance with legislation, and typically does not include recurring payments. Instead, financial support is intended as temporary assistance for a fixed period to help the family, for example pending benefits being paid. Any financial support packages are set up for a fixed period and are reviewed on a regular basis by the Team Manager and/or Head of Service.

5.2 Private fostering arrangements

This means an arrangement where a child who is under 16 (or 18 if disabled) is cared for and lives with someone who does not have Parental Responsibility for him and is not a relative as defined in section 105 of the Children Act 1989, and the arrangement continues for a period of 28 days or more or is intended to do so. 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.

In a privately fostered arrangement, it is a legal requirement that the local authority satisfies itself that the arrangements are safe and satisfactory. However, every effort is always made to maintain children within their kinship network. Where a private fostering arrangement is made between parents and carers, the local authority must be notified at least 6 weeks prior to the start of such an arrangement, or within 48 hours of an emergency placement (where it is intended that the arrangement will exceed 28 days). A social worker will visit the premises where it is intended the child will live within 7 days and speak to the prospective private foster carers and all members of the household, including the child who is to be privately fostered.

More information on private fostering can be obtained by contacting the Children's Advice and Duty Service on (01254) 587547 and see also: Blackburn with Darwen Borough Council website, Private Fostering.

Should the child involved in a private fostering arrangement come within the definition of a Child in Need, 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 offered should this be identified. As in 5.1 above, this can comprise a variety of different types of services and support and will be based on the assessed need of the child or young person and carers.

5.3 Kinship Care foster carers

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 an adult who has an established relationship or a connection to the child who is approved as a foster carer (Section 22 of the Children Act 1989). However, 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 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 kinship carer and the approval process includes home visits by social workers, where all members of the family will be have their feelings and wishes recorded, including the child (subject to age and understanding), those with Parental Responsibility and the kinship carer.

The assessment and approval process for kinship carers who apply to be foster carers for a specific Looked After child will be similar to any other foster carer and include statutory checks and references, DBS and medical, however the assessment is focused on meeting the needs of the specific child/children rather than general foster care. This is called a combined assessment, and it will consider both foster care and special guardianship in its recommendation. An information pack will be available to potential kinship carers about the process and they will be given the name and contact details of the social worker from the Kinship Care Team allocated to carry out the assessment.

On placement of a Looked After child with a kinship carer (be this under Regulation 24 or following full assessment and approval), a Placement Plan will be produced which will set 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 them to fulfil their responsibilities for the child.

Once kinship foster carers are approved as foster carers, they will be allocated a supervising social worker from the fostering service to provide them with support and supervision; this may be the social worker who assessed the carers, or another social worker in the service. They will also receive fostering allowances for as long as they care for the child as a foster carer.

Kinship foster carers will be expected to sign a foster carer agreement which sets out all the expectations of the role while the child remains a Looked After child. As a kinship 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.

5.4 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 relative or foster carer (who was a 'Kinship Carer') 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 consider paying Child Arrangements Order Allowances to kinship carers, 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.

Entitlement to an allowance is assessed on the same criteria as apply for adoption allowances. The assessment is based on the needs of the child and the financial circumstances of the carers and will be reviewed annually by the Service Lead and/or the Head of Service. The carers are also entitled to claim child benefit and child tax credit if this is not being paid to the parent.

Any requests to be considered for Child Arrangements Order allowances would be assessed based on need by the Childs Social Worker and will need to be presented to BWD Payments Panel for decision. These allowances are at the discretion of the local authority.

5.5 Special Guardianship Order

Special Guardianship offers a further option for children needing permanent care outside their parents’ care. 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.

Applications can be made by individuals or jointly as a couple if living in the same household. For further information and for forms please see: Becoming a Special Guardian.

The Special Guardians will be asked to complete a Financial Assessment Form, which when completed should be passed to the Finance Officer responsible for carrying out the financial assessment.

In circumstances where the child was looked after prior to the application for a special guardianship order the rate of Special Guardianship Financial Support will be paid at up to the equivalent of band one fostering allowances, less any benefits they the kinship carers are entitled to such as but not limited to, Universal Credit, Child Tax Credit, Child Benefit. A benefits calculation will be reviewed annually, as per the BWD Special Guardianship Policy.

Where an application relates to a child not previously Looked After, any payment would be subject to financial assessment and is not guaranteed and is at the discretion of the local authority and would be subject to consideration at BWD Payment Panel. Payments in these circumstances would only be agreed where there was a risk the child may not be able to remain in placement should financial support not be offered or that the child would be at significant disadvantage by not providing financial support, these payments will be reviewed annually as per the Blackburn with Darwen Special Guardianship Policy.

Additional allowances may be payable in exceptional circumstances and on the basis of assessed need and would always need to be approved at Payments Panel. Additional payments will be reviewed annually to ensure that the original need still exists. Exceptional cases may include where a carer loses a job and the implication may lead to disruption for the child or where for a time, a family may be required to reduce working hours to be with the child.

5.6 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 kinship carer or foster carer (who was a kinship carer) with whom a child is living may be an appropriate outcome as part of a permanence plan for a Child in Need or a 'Looked After' child where all kinship carers have been thoroughly assessed with no positive outcome.

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.

Financial support is intended to supplement existing means of support available to adoptive parents and the child or children being adopted. Adopters must be given advice of entitlements to employee's rights to leave and pay, benefits, tax credits and allowances, and these should be taken into account when considering amounts of financial support.

Circumstances in which financial payments may be made are as follows:

1. Where it is necessary to ensure that adoptive parents can look after a child;
2. Where the child needs special care which requires a greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of Neglect - and the child's condition is serious and long-term;
3. Where it is necessary for the local authority to make any special arrangements to facilitate the placement or the adoption by reason of the age or ethnic origin of the child or the desirability of the child being placed with siblings or a child with whom he/she has previously shared a home;
4. Where such support is to meet the recurring costs of travel for visits for the child to members of the birth family/significant others;
5. Where the local authority considers it appropriate to contribute towards expenditure on legal costs, including Court fees (in cases where the adoption is supported by the local authority), or expenses associated with the child's introduction to adoptive parents or expenditure on accommodating the child (e.g. adaptations to the home, furniture, clothing or transport).

There are a range of financial support packages offered, the list below is a summary of options available - for more information please talk to your social worker or contact the Adoption Team:

An Initial Placement Grant - This is a standard, non-means tested grant which is payable for all children who meet the eligibility criteria moving into new placements.

Regular Financial Support - is only payable for children who meet the eligibility criteria, and payment of regular financial support is subject to a means test and will be time limited. Adopters who wish to be assessed for regular financial support must complete an adoption financial assessment and provide proof of all income and expenditure - all income available to the family and the child will be taken into account.

All adopters will be offered a Welfare Rights check to make sure they are aware of all the benefits they are able to claim (e.g. Tax Credits, Child Benefit etc).

All cases are reviewed annually and all changes in circumstances must be notified to the Finance Team.

Additional Assessed Needs - Such payments are available only for eligible children and are means tested. All additional financial support for adopters must be authorised by the BWD Payment Panel.

There are clearly defined criteria for assessment as follows:

• The case is clearly made that the proposed provision is essential to making the placement possible or to prevent its breakdown;
• Additional needs are directly beneficial to the child as part of the adoption support package;
• An up-to-date Welfare Rights assessment is available, addressing the family's financial situation.

Additional assessed needs which fall into the following categories will be assessed:

• Changes to Property;
• Other Identified Needs;
• Expenses During Introductions;
• Statutory Adoption Pay;
  
  Where an adopter is ineligible for Statutory Adoption Pay we will consider making a payment of financial support equivalent to Maternity Allowance where adopters:
  
  "have been employed or self-employed for at least 26 weeks in the 66 weeks up to and including the week before the child is placed with them for adoption (the test period), and have earned on average at least the minimum earnings required to qualify for Maternity Allowance. The average earnings are worked out using earnings from any 13 weeks in the test period".
• Contact Expenses.

Foster Carer Adopters - Special transitional arrangements are in place for foster carers who become adoptive parents. This is to allow for a period of adjustment in their financial situation. In considering regular financial support, the same criteria applies to foster carers wishing to adopt as with all adopters, see the above ‘Regular Financial Support’.

5.7 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 5.2, 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 on Family Rights Group website and The Ukraine Advice Project UK.

6. 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 local authority 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 kinship carers family care for a child whether or not the child is not Looked After. Where regular payments are to be made, kinship 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.

6.1 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).

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. 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.

10. Supporting Family Time with Parents

The authority is under a duty to promote contact (family time) for children Looked After.

Where the child is not Looked After, we are required to promote family time 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 family time can be managed safely. If necessary, information will be made available to kinship carers and appropriate advice and support provided.

Where a child is Looked After, we are required to endeavour to promote family time 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 family time arrangements will be included in the child's Care Plan and the specific arrangements will be set out in the child's Placement Plan.

11. Family Group Conferences

Family Group Conferences are meetings held between family members and other friends important to the family. Professionals will lead the conference however, the emphasis is on the family and friends working together to achieve the best outcomes for children and wherever possible to support the child to remain living with parents or if this is not possible, to live with members of their kinship network. They promote the involvement of the wider family to achieve a resolution of difficulties for Children in Need and may help identify short-term and/or permanent solutions for children within the family network.

We will offer a Family Group Conference 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.

A Family Group Conference is offered to all kinship carers moving towards special guardianship arrangements and can be offered following the issuing of an SGO where SG’s approach the local authority for support or in crisis.

12. Complaints Procedure

Where a kinship 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.

Blackburn with Darwen Borough Council website, Feedback about children's social care
Blackburn with Darwen Borough Council website, Feedback
Tel:  01254 585367

13. Contacts

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

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

Annex B: Summary of Consultation Findings

Annex B: Summary of Consultation Findings

Annex C: Financial Support

Annex C: Financial Support