1.1.10 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 Lincolnshire County Council, Children's Services 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.

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.

3. 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 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.

To clarify the children who may come within the definition of Children in Need, see Putting Children First (Meeting the Needs of Children and Families in Lincolnshire).

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 child in care 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 below 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 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. 

The Financial Assistance Procedure sets out what support, including financial assistance, may be available to relatives caring for Children in Need, the applicable criteria and who within the local authority will make decisions in relation to such support.

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.

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 and Family Progress 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 Private Fostering Procedure).

4.3 Family and friends foster carers - "Connected Persons"

See also:

• Placements with Connected Person Under Regulation 24 Procedure;
• Family Rights Group, Initial Family and Friends Care Assessment: A good practice guide.

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.

Connected Person foster carers are assessed, supported, developed and remunerated in the same way as all registered foster carers. All foster carers including connected persons receive weekly allowances according to the age of the child. Details of the weekly payments are contained within the Payments to Foster Carers leaflet.

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.

Foster carer approvals (including family and friends carers) are considered by the Fostering Panel. Applications to become permanent foster carers are considered by the Permanence Panel. For further details please refer to the Fostering Service Statement of Purpose.

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. (See Placements with Connected Persons Under Regulation 24).

4.4 Child Arrangements Order (formerly Residence Order)

A Child Arrangements Order is a Court Order which gives parental responsibility to the person in whose favour it is made, usually lasting until the child is 18. Parental responsibility is shared with the parents.

Relatives may apply for a Child Arrangements Order after caring for the child for one year.

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 (Residence 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. Child Arrangements Orders were introduced in April 2014 by the Children and Families Act 2014 (which amended section 8 Children Act 1989).

For details of what financial assistance may be available to holders of Child Arrangements Orders, the applicable criteria and the decision making process within the local authority, please refer to the guidance on Residence Order/Child Arrangements Order Procedure.

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.

For details of what financial assistance may be available to holders of Special Guardianship Orders, the applicable criteria and the decision making process within the local authority please refer to Special Guardianship Orders Procedure.

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.

For details of what financial assistance may be available to holders of Adoption Orders, the applicable criteria and the decision making process within the local authority please refer to the Adoption Support Procedure.

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

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.

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 and Siblings Procedure.

10. Family Networks and Family Group Making Decision

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

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

See also Family Networks and Family Group Decision Making Procedure.

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 Children's Services Complaints.

Appendix A: Caring For Somebody Else's Child - Options

Click here to view Appendix A: Caring For Somebody Else's Child - Options.