Kinship care policy

Most kinship carers act informally, with the agreement of the parent, but there are a number of different legal options which kinship carers can consider to secure care arrangements formally. The advice of a social worker or a solicitor may be helpful when deciding which option is most applicable to your circumstances. A summary of these is set out below:

Informal family care

These arrangements typically involve a close relative or friend choosing to take on the care of the child or young person. The Council will not have been involved in the arrangement and the child is not in care.

Private fostering

This is a private arrangement where a child under 16 (or under 18 if disabled) is cared for by someone who does not have parental responsibility and who is not a close relative, for 28 days or more. This takes place with the agreement of their parent.

Family, friends and connected foster care

Under Section 20 of the Children Act 1989 the Council has a duty to provide accommodation for any child in need within Gateshead as a result of:

• (a)there being no person with parental responsibility for the child.
• (b)the child having been lost or abandoned; or
• (c) the person who has been caring for the child being prevented (whether or not permanently, and for whatever reason) from providing the child with suitable accommodation or care.

Children or young people who are provided with accommodation by the Council are referred to as "Children who are cared for". The child or young person can be cared for on a voluntary basis where there is consent from the parents (Section 20). Where parents do not agree to the care arrangement, but the Local Authority still believes it is in the child's best interests to be cared for outside of their parent(s) care, the Authority may apply to the court for a legal order so that the child can become cared for.

When providing accommodation to a child who is cared for, the Council will where appropriate, consult with both the child and the wider family and consider whether it is in the child's best interest to be placed into the care of family, friends or another connected person who has a pre-existing relationship with the child.

Children who are cared for can be placed into the care of a family member or friend, provided a viability assessment concludes that this would be safe, viable and in the child's best interests (the assessment determines whether the living arrangements are suitable for the child and are defined in the Fostering Regulations). In these circumstances the family or friend can be temporarily approved under Regulation 24 of the Care Planning, Placement and Case Review Regulations as a Kinship foster carer for a 16-week period and in exceptional circumstances, this may be extended for a further 8 weeks. During this period, the family/friend/connected person(s) providing Kinship Foster Care will be paid a Fostering Allowance for the child identical to that received by qualified Foster Carers.

Temporary Kinship Foster Carers must still be formally assessed, to determine their longer-term suitability. The assessment process will involve several visits to complete the assessment and will also involve undertaking background checks, medical histories etc. It should be noted that temporary approval does not mean that the Kinship Carer is formally approved as a short-term Foster Carer, as fully qualified Foster Carers must pass an enhanced assessment process which commits them to ongoing training and ensures they keep detailed records about the children they are caring for. Short term approval is also achieved by attendance at fostering panel after the assessment has been completed and the Agency Decision Maker endorsing the panel's recommendation with regards to this.

There might be situations whereby the viability assessment identifies that the prospective kinship carer cannot be temporarily approved as a foster carer under Regulation 24 having considered key areas as set out in Schedule 4 of the Care Planning, Placement and Case Review Regulations. However, it might be concluded that the care arrangement is still in the child's best interests. Consideration will need to be given to the options available to the Council in such circumstances.

Carers who fail to meet the fostering standards and or cannot be approved as short-term foster carers can no longer be paid a fostering allowance. In these circumstances, the carer, the child's parents and the allocated social worker will work to establish whether it is appropriate for the child to remain with the carer and agree a long-term care plan for the child. If it is subsequently concluded that it is still appropriate for the child to remain with the carer, this will need oversight from the Agency Decision Maker.

Decision making regarding longer term plans will be based on what is in the child's best interests. In circumstances where fostering allowance can no longer be paid the Council may consider offering transitional financial support until care proceedings are concluded and carers can claim the appropriate state benefits. Once proceedings are concluded, financial support may be available dependent on the child's circumstances - please see the sections on financially supporting Child Arrangement and Special Guardianship Orders.

Child Arrangements Orders (previously known as Residence Orders) and Special Guardianship Orders

Relatives, friends or other connected persons providing care to a child might wish to make the arrangement long term to provide permanence for the child. In these cases, carers may make an application for a Child Arrangement Order or a Special Guardianship Order. Applications for a Child Arrangement Order or a Special Guardianship Order can be made privately or with the support of the Council if the child is Cared for. When a carer assumes parental responsibility via the granting of a legal order for a child in such circumstances, he or she is no longer deemed" Cared for".

Carers with a Child Arrangement Order share parental responsibility with the child's mother and the father (if he has parental responsibility) enabling the carer to determine issues such as where the child lives and giving them responsibility for day-to-day decision making regarding the child's welfare. Carers with a Special Guardianship Order, also share parental responsibility with the child's birth parents, however, Special Guardians have enhanced parental responsibility enabling them to have more control over decision making in relation to the child.