Current kinship carers with Looked After children | | | |
Looked After children currently living with kinship carers | Legal basis for their care | Current approval processes required | Process to move to equality of allowances with foster carers |
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Children on s25 or S86 | S25 or S86 | If placement to last for more than 6 weeks, approval as foster carers required. Will have been approved by Fostering Panel so all disclosure checks will have been undertaken, carer's agreement signed and LAC reviews undertaken. Consider using Annex 2 to update carer agreement | Should be no further requirements legally about approval before allowances could be paid at fostering rate. If there are current benefits being received by the carer and allowances have been paid at a lower/different rate or in kind then CAS advice on the impact of changes should be obtained |
Children on Supervision requirements S70 | S70 | Local authorities currently are not required to assess and approve as foster carers if the Children's Hearing makes supervision requirement. Initial checks must have been carried out and reports made to the Children's Hearing on the suitability of the kinship care placement. Carer agreement should be in place identifying the expectations of carers and of the Local authority. If more work is required consider using Annex 3 for discussions with the kinship carers. Annex 2 should be used to confirm the agreement with the carers -identify strengths and needs | Local authorities should review the extent of their assessment process for the kinship carer and the level of checks already made about their safety as carers. Disclosure checks should be carried out, if not already on file, on all adult members in the family. Annex 3 can be used to explore other areas with the kinship carers if this feels appropriate to the individual situation. Senior worker designated by the Local authority should be satisfied that all checks have been comprehensive and the placement continues to be in the child's best interests. If the carer is currently receiving a package of benefits, and allowances have been paid at a lower/different rate or in kind then CAS advice on impact of any changes should be obtained Local authority to pay allowances comes from S26 (1) (a) CSA 1995 |
Looked After children starting a placement with kinship carers - process until new regulations are implemented | Legal Basis of the placement | Process for assessment and approval | Action to start payments to carers at parity with foster carers |
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LA places child with kinship carer in terms of S25 | Fostering of Children Regs 1996 If placement more than 6 weeks, kinship carers must be assessed and approved as a foster carers in terms of Regulation 14 | If placement made in emergency, see Annexes 1 and 2 for information gathering. Suggest at 3 working days brief review of child's plan and safety Assessment as a foster carer required- recommend use of Annex 3 to cover the areas relevant to kinship care placement within the overall foster carer assessment- foster care approval required within 6 weeks of placement Local authority could consider using sub-group of Fostering Panel for these assessments and approval Agreements with carers re expectations and what Local authority agrees to support carers Carers' agreement could be built around Annex 2 | Preferably during the assessment process but before allowances are started, kinship carers and local authority should consider the financial package that is going to give the carer the "better off" financial package. All carers should be advised to discuss their individual situation about the impact of an allowance on any universal benefits they receive with CAB Advice workers Where the carer is receiving a range of benefits for the child then joint decisions need to be made about whether the Carer would prefer not to receive fostering allowances until certain benefit issues have been resolved. Fostering allowances should be commenced for all other kinship carers at the same rate as foster carers from the date of their approval. |
Children who become Looked After and placed on S70 requirement with a kinship carer | Regulation14 and 15 of the Fostering Regulations 1996 | Current regulations do not require these carers to be approved as foster carers even if the placement is to last for more than 6 weeks. Annex 3 in the Task group report outlines the areas for discussion with the carers and which should be included in the report to the Children's Hearing. The Task group recommends that prior to consideration by the children's hearing the assessment of the kinship carer should be considered by a small group charged with the responsibility of recommending confirmation of the placement with the kinship carer. This could be a sub-group of the Fostering Panel or through a specific Placement Confirmation meeting that could, in the future, consider all kinship care assessments. Goal should be for this work to be completed within 12 weeks of placement. Agreements should follow Annex 2 | Many of these carers may have been caring for the child for some time and been receiving allowances from DWP and HMRC. During the assessment process the carers should be advised by the CAB kinship Care project to consider whether they will be better off continuing to receive the range of benefits or receiving fostering allowances If the advice indicates that the carers will be better off receiving allowances at the same rate as foster carers then payments should be started as soon as possible after approval. Local authority to pay would be based on S26 (1) (a) CSA 1995 |
Permanent placement confirmation for child already placed with kinship carers | S25,S70, S86 | Where the child is already in placement with kinship carers and LAC reviews identifies that the child needs a permanent placement, discussions should take place with the current carers and wider family to consider whether permanent placement within the kinship care network is possible. If the current carers wish to make a permanent commitment then the Annex 4 of the guidance sets out the areas which should be discussed with the carers during the further assessment process. Recognising that the carers are already providing care, the guidance recommends that the needs of the child and the assessed capacity of the carers should both be discussed at a Permanency Panel rather than holding a separate discussion to consider the kinship carers as permanent carers on an open basis. The recommendations of the Permanency Panel should be made to the Local authority decision maker. The ongoing legal basis for the child's care should be identified with the potential of a permanency order being fully addressed. The Task group recommends that these decisions should be made within 6 months of placement wherever possible | For these children, the kinship carers will be receiving allowances at the rate of fostering allowances or a benefits package that has been agreed by them. The impact of permanence orders on Benefits is not yet known but work is continuing to clarify any impact on benefits when carers make this permanent commitment. |
Permanent placement to be made with kinship carers who are not currently caring for the child | S25, 70 or 86 | The needs of the child will be discussed at a Looked After child review and the need for permanency confirmed by a Permanency/Adoption Panel. Efforts to ascertain if there are members of the child's extended family who may wish to provide a permanent home should be made via a family meeting. If a member of the child's wider family expresses an interest in caring for the child then an assessment of their capacity as permanent carers should be made and the areas identified in the guidance Annex 3& 4 used to guide the process. The forms currently used for any permanent carers will be used but some additional areas should be included in the report. The assessment of the carers should be presented to the Permanency Panel who will consider their suitability to be permanent carers. Their recommendations should go to the Local authority decision maker and if approved then a matching discussion should be held to consider whether the kinship carers can meet the needs of the individual child for a permanent placement into adulthood and the legal basis for that placement. Agreement of the local authority decision maker will be required at each stage. | The likely basis for this placement will be fostering at the moment though an application for a Permanence Order may be appropriate once the A&C Act is implemented. To ensure that the financial package for the child with the carers is the best possible, kinship carers on a range of benefits will be advised to seek individual advice from the CAS advice project. |
Prospective process after implementation of the new LAC regulations if the recommendations of the Task Group are accepted | | | |
Children placed under S25/S86 | | Guidance would be followed in full and assessment as kinship carer progressed. Reviews 3 working days and at 6 weeks from placement. Goal for approval within 12 weeks of placement | CAS Financial advice essential prior to the start of payment of allowances |
Children placed through a S70 requirement | | Guidance followed in full and assessment as a kinship carer processed- Reviews at 3 days and 6 weeks from placement. Approval as kinship carers within 12 weeks of placement | CAS Financial advice essential prior to the start of payment of allowances |
Children where current kinship carers make permanent commitment to the child | | Guidance would be followed in full. Approval of permanent placement with existing carer confirmed at Adoption/Permanency Panel. Goal for permanent decisions to be made within 6 months of placement | CAS Specialist Advice if basis of placement or allowances are changed |
Children being placed with kinship carers from other care placement for permanence | May be s25, 70 or 86 | Guidance on the areas of assessment for permanency followed and recommendations for approval will be made by the Permanency Panel | CAS Financial advice essential prior to the start of payment of allowances |