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282 <h2>
282 Family and Friends Care
282 </h2>
284 </div>
287 <div id="scope_box">
287 <h3>
287 RELEVANT GUIDANCE
287 </h3>
288 <p>
288 <a href="https://www.gov.uk/government/publications/children-act-1989-family-and-friends-care"
target="_blank" rel="noopener">
288 Children Act 1989: Family and Friends Care
288 </a>
288 : Statutory guidance for local authorities about family and friends providing care for children
who cannot live with their parents.
288 </p>
289 <p>
289 <a href="files/frg_assess_guide.pdf" target="_blank" rel="noopener">
289 Family Rights Group, Initial Family and Friends Care Assessment
289 </a>
289 : A good practice guide outlines what a viability assessment for family and friend carers should
look like, what social workers should consider and how to undertake international assessments.
289 </p>
290 <p>
290 <a href="https://www.gov.uk/looking-after-someone-elses-child" target="_blank" rel="noopener">
290 Looking After Someone Else's Child
290 </a>
290 : Government advice on the support and financial help you can get if someone else's child is
living with you full time.
290 </p>
291 <h3>
291 AMENDMENT
291 </h3>
292 <p>
292 In October 2019 this chapter was reviewed and revised to reflect local arrangements and should be
re-read throughout. A link was added to into Related Guidance to Looking After Someone Else's
Child guidance.
292 </p>
293 </div>
294 <div id="sections">
296 <h3 id="sections_list">
296 Contents
296 </h3>
297 <ol>
298 <li>
298 <a href="#intro">
298 Introduction
298 </a>
298 </li>
299 <li>
299 <a href="#values">
299 Values and Principles
299 </a>
299 </li>
300 <li>
300 <a href="#legal">
300 Legal Framework
300 </a>
300 </li>
301 <li>
301 <a href="#diff">
301 Different Situations whereby Children may be Living with Family and Friend Carers
301 </a>
301 </li>
302 <li>
302 <a href="#provision">
302 Provision of Financial Support - General Principles
302 </a>
302 </li>
303 <li>
303 <a href="#accomm">
303 Accommodation
303 </a>
303 </li>
304 <li>
304 <a href="#supp_con">
304 Supporting Contact with Parents
304 </a>
304 </li>
305 <li>
305 <a href="#fgc">
305 Family Group Conferences
305 </a>
305 </li>
306 <li>
306 <a href="#complaints">
306 Complaints Procedure
306 </a>
306 </li>
307 <li class="remove_bullet">
307 <a href="files/care_someone_else_ch.pdf" target="_blank" rel="noopener">
307 Annex A: Caring for Somebody Else's Child - Options
307 </a>
307 </li>
308 </ol>
309 <h3 id="intro">
309 1. Introduction
309 </h3>
310 <p>
310 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.
310 </p>
311 <p>
311 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.
311 </p>
312 <p class="category">
312 The manager with overall responsibility for this policy is to follow.
312 </p>
313 This policy will be regularly reviewed, and made freely and widely available.
314 <h3 id="values">
314 2. Values and Principles
314 </h3>
315 <p>
315 Consideration of children's welfare and best interests will always be at the centre of the work we
do.
315 </p>
316 <p>
316 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.
316 </p>
317 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.
318 <h3 id="legal">
318 3. Legal Framework
318 </h3>
319 <p>
319 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.
319 </p>
320 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.
321 <p class="tiny_text">
321 *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.
321 </p>
322 <p>
322 To clarify the children who may come within the definition of Children in Need, refer to
322 <a
href="https://media.inzu.net/2acc977c715cd84d14a75f01032546ad/mysite/downloads/570_606709_Effectiv
e_Support_for_Children.20.6.17_FINAL.pdf" target="_blank" rel="noopener">
322 The Bexley Threshold: Bexley Safeguarding Partnership - Effective Support for Children, Young
People and Families in Bexley
322 </a>
322 .
322 </p>
323 <p>
323 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.
323 </p>
324 <p>
324 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).
324 </p>
325 <p>
325 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
325 <a href="files/care_someone_else_ch.pdf" target="_blank" rel="noopener">
325 Annex A: Caring for Somebody Else's Child - Options
325 </a>
325 .
325 <a href="#diff">
325 Section 4, Different Situations whereby Children may be Living with Family and Friend Carers
325 </a>
325 , which sets out the local authority's powers and duties in relation to the various options.
325 </p>
326 <p>
326 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, however. 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.
326 </p>
327 <h3 id="diff">
327 4. Different Situations whereby Children may be Living with Family and Friends Carers
327 </h3>
328 <h4>
328 4.1 Informal family and friends care arrangements
329 </h4>
330 <p>
330 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.
330 </p>
331 <p>
331 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 assessment, a Child in Need Plan will be drawn up and a
package of support will be identified. This can comprise a variety of different types of services
and support, including financial support.
331 </p>
332 <p>
332 Parental responsibility remains with the birth parents, but the carer may do what is reasonable to
safeguard or promote the child's welfare.Where a child is placed in a family and friends carer
arrangement (Regulation 24), the allocated social worker must ensure that checks with relevant
children's social care departments where the carer resides, as well as police checks have been
undertaken prior to this placement. If this is not possible due to an emergency placement, these
checks must be done on the day prior of the child's placement being made.
332 </p>
333 <p>
333 The full assessment of the child's placement with their family and friends carer must be concluded
within 16 weeks of their placement commencing. Extensions of up to 8 weeks will only be granted in
exceptional circumstances and only by the prior approval of the Fostering Panel and no later than
by week 14 of the assessment process.
333 </p>
334 <p>
334 When determining what the type of care arrangement is (informal or connected person, each case
will fall on their particular facts. The two main questions to consider are:
334 </p>
335 <ol>
336 <li>
336 How much has the local authority done to get the child placed with the carer?
336 </li>
337 E609 This tag or content is not allowed here. One of the following was expected: <li> <script>
<template>
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338 <li>
338 The more involvement the local authority has had, the more likely it is that the placement
will be a connected person's foster carer.
338 </li>
339 </ul>
340 <li>
340 Has the local authority made it clear to the carer and parent throughout that the local
authority is treating the placement as a private family arrangement and that any financial
support will come from a parent with parental responsibility?
340 </li>
341 E609 This tag or content is not allowed here. One of the following was expected: <li> <script>
<template>
There are strict rules as to what tags may be nested within others, as well as the order and number of tags allowed. If this error is preceded by an E604 error (missing end tag) then correcting the earlier E604 error may correct this one. Note that as well as obviously interactive elements like buttons, adding a 'tabindex' attribute to any element will also make it interactive. So if it is not obvious what is wrong, check all attributes as well. See the HTML Living Standard. <ul>
342 <li>
342 If there are no other options, such as increased support etc, then the more likely it is that
the placement will be a connected person foster carer.
342 </li>
343 </ul>
345 </ol>
346 <p>
346 The more that a local authority has done beyond facilitating a conversation and agreement between
the parent and carer about the arrangement, the more likely it is to be a connected person foster
placement and the child is looked after. The following are examples of local authority actions
that would suggest that the child is looked after:
346 </p>
347 <ol>
348 <li>
348 The local authority approaches the carer first about caring for the child;
348 </li>
349 <li>
349 Alternative placement options were discussed with the parents but not used;
349 </li>
350 <li>
350 The local authority says or intimates that if the carer will not provide care, the child will go
in to local authority foster care;
350 </li>
351 <li>
351 The local authority's records show that the social work team considered that local authority
foster care was the only alternative;
351 </li>
352 <li>
352 The local authority drafts an agreement for the carer and parent to sign;
352 </li>
353 <li>
353 The local authority regulates the contact between the parent and child;
353 </li>
354 <li>
354 The local authority completed a viability assessment of the carer.
354 </li>
355 </ol>
356 A local authority trying to dispute the assertion that a child is looked after will need to show
clear records explaining the arrangement and financial support. It is essential, therefore, that all
placements are classified at the outset and not just assumed to be a private family arrangement. Any
uncertainty is likely to result in a court finding that it is a connected person foster placement.
The court will not accept the local authority trying to avoid its duty and responsibilities by way
of mere technicalities.
358 <h4>
358 4.2 Private fostering arrangements
358 </h4>
359 <p>
359 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.
359 </p>
360 <p>
360 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.
360 </p>
361 <h4>
361 4.3 Family and friends foster carers – 'Connected Persons'
362 </h4>
363 <p>
363 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. However, police
and children's social care checks must be undertaken of all relevant family or friends who will
care for the child prior to the child being placed, even in emergency situations. The 16 week
temporary approval can only be extended for up to 8 weeks in exceptional circumstances with prior
approval by the fostering panel. 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
363 <a href="p_place_conn_pers.html">
363 Placement with Connected Persons Procedure
363 </a>
363 . 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.
363 </p>
364 <p>
364 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.
364 </p>
365 <p>
365 The assessment and approval process for family and friends who apply to be foster carers for a
specific Looked After child will be the same as for any other foster carer except that the
timescales for the assessment are different where a child is already in the placement as indicated
above. 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. 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.
365 </p>
366 <p>
366 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.
366 </p>
367 <p>
367 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.
367 </p>
368 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.
369 <h4>
369 4.4 Child Arrangements Order
369 </h4>
370 <p>
370 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.
370 </p>
371 <p>
371 These orders replace the previous Contact Orders and Residence Orders.
371 </p>
372 <p>
372 A Child Arrangements Order may give parental responsibility to the person in whose favour it is
made. Parental responsibility is shared with the parents.
372 </p>
373 <p>
373 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 may be eligible for financial support, pending an assessment of financial need.
373 </p>
374 <p>
374 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.
374 </p>
375 <h4>
375 4.5 Special Guardianship Order
375 </h4>
376 <p>
376 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.
376 </p>
377 <p>
377 Relatives may apply for a Special Guardianship Order after caring for the child for one year. As
Special Guardians, they will have 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.
377 </p>
378 <p>
378 Special Guardianship Orders may be made in private family proceedings and the local authority may
not be a party to any such arrangements. However, a Special Guardianship 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.
378 </p>
379 <p>
379 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.
379 </p>
380 <h4>
380 4.6 Adoption Order
381 </h4>
382 <p>
382 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.
382 </p>
383 <p>
383 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.
383 </p>
384 <p>
384 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.
384 </p>
385 <p>
385 See also
385 <a href="p_adop_support.html">
385 Adoption Support Procedure.
385 </a>
385 </p>
386 <h3 id="provision">
386 5. Provision of Financial Support - General Principles
386 </h3>
387 <p>
387 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:
387 </p>
388 <ol>
389 <li>
389 <span class="bold">
389 Subsistence crisis (one-off) payments
389 </span>
389 <br />
390 <br />
391 These should be used to overcome a crisis, following the best assessment that can be achieved in
the circumstances;
391 </li>
392 <li>
392 <span class="bold">
392 Setting-up
392 </span>
392 <br />
393 <br />
394 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;
394 </li>
395 <li>
395 <span class="bold">
395 Weekly support contribution
395 </span>
395 <br />
396 <br />
397 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 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.
397 <br />
398 <br />
399 In all cases where regular financial support is agreed in principle, 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. Where the child has needs assessed as needing an allowance the
provision of an allowance will be dependant on the financial situation of the proposed carers.
In some instances carers will not receive an allowance because of the level of their income;
399 </li>
400 <li>
400 The adoption team will be responsible for undertaking the financial assessment according to the
standard DfE criteria and the head of service must approve. Any financial assessments must also
be presented to the resource and care panel, which will have overview for these financial
arrangements.
400 </li>
401 </ol>
402 <p>
402 The following criteria will be applied to all such payments:
402 </p>
403 <ul>
404 <li>
404 Payments will only be made where the needs of the child are such that they require additional
financial support;
404 </li>
405 <li>
405 The purpose of the payments must be to safeguard and promote the welfare of the child based on
their assessed needs;
405 </li>
406 <li>
406 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;
406 </li>
407 <li>
407 There are no other legitimate sources of finance;
407 </li>
408 <li>
408 Payments will be paid to the carer, not the parents;
408 </li>
409 <li>
409 The payment would not place any person in a fraudulent position;
409 </li>
410 <li>
410 All payments must be reviewed by the Resource and Care Panel, and be reviewed on an annual
basis.
410 </li>
411 </ul>
412 <h3 id="accomm">
412 6. Accommodation
412 </h3>
413 <p>
413 The children's services department works with the housing department 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. Where potential carers live in private sector accommodation the social work team will
discuss with them whether they can move to larger accommodation if needed and will discuss the
needs of the family with Housing colleagues.
413 </p>
414 <h3 id="supp_con">
414 7. Supporting Contact with Parents
414 </h3>
415 <p>
415 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.
415 </p>
416 <p>
416 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 we do not share PR with parent's we cannot
restrict contact between a child and any parent with PR without the required agreement from the
Court. Where it is felt that contact may place a child at risk the team manager must talk urgently
to their Service Manager and Legal to seek the appropriate advice.
416 </p>
417 <p>
417 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
417 <a href="p_contact_parents.html">
417 Contact with Parents/Adults and Siblings Procedure
417 </a>
417 . Where there is a Court mandated Contact Order and it is felt that this needs to be varied we
must consult urgently with Legal to seek advice on varying the order.
418 </p>
419 <h3 id="fgc">
419 8. Family Network Meetings
419 </h3>
420 <p>
420 Family network meetings (FNM) are meetings held between social workers 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.
420 </p>
421 <p>
421 We will offer a family network meeting at an early stage. If a child becomes Looked After, perhaps
following an emergency, without a family network meeting having been held, then (where
appropriate) we will arrange one as soon as possible.
421 </p>
422 In cases that are involved in the Public Law Outline process, or of particular complexity where
there is a risk a child could become accommodated, a family group conferences can be convened by the
coordinator, which will involve the professional network along with the family and social worker. It
will be expected that a family network meeting led by the child's social worker will have already
taken place in all but the most exceptional or urgent situations.
423 <h3 id="complaints">
423 9. Complaints Procedure
423 </h3>
424 <p>
424 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.
424 </p>
425 <p>
425 The timescales and process are set out in the
425 <a href="p_reps_complaints.html">
425 Children's Social Care Statutory Complaints Procedure
425 </a>
425 . See also
425 <a
href="https://www.bexley.gov.uk/services/complaints-and-information-requests/complaints-compliment
s-and-enquiries#content-341" target="_blank" rel="noopener">
425 Bexley Complaints and Information requests
425 </a>
425 .
425 </p>
426 <h3>
426 Annex A: Caring for Somebody's Else's Child - Options
426 </h3>
427 <p>
427 <a href="files/care_someone_else_ch.pdf" target="_blank" rel="noopener">
427 Click here to view Annex A: Caring for Somebody's Else's Child - Options
427 </a>
427 .
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