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Friends/ Family Carers: Planned & Emergency Placements

Purpose

The purpose of this procedure is to set out Wiltshire Council’s approach towards promoting and supporting the needs of children and young people who are unable to remain living at home, or with an adult with parental responsibility, and are living with family and friends carers in a range of legal circumstances. It provides advice and guidance to social workers involved in the (planned and emergency) placement of children and young people with specific friends/ family carers to include arrangements made under section 17 Children Act 1989 and placements of looked after children.

SCOPE

This procedure relates to children and young people who are living away from home with family members or friends in any of the following circumstances:

• In an informal arrangement with a close relative

• Informal arrangement with friends or other family members lasting less

than 28 days

• As a private fostering arrangement

• As a looked after child placed with family and friends foster carers

• Through a residence order or special guardianship order

• Through arrangements which may lead to an adoption order

Introduction

Family and friends carers play a unique role in enabling children and young people to remain with people they know and trust if they cannot, for whatever reason, live with their parents. These arrangements occur both for looked after children and others who are not looked after by the local authority. Children and young people can be cared for by family and friends without having to become a ‘looked after’ child. Children and young people who are unable to live with their parents should receive the support that they and their carers need to safeguard and promote their welfare, whether or not they are looked after children in accordance with the Children Act 1989.

If children cannot live with their birth parents, or cannot return home within a timescale that meets their needs, then an informal family/friend arrangement

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is the first choice, provided this is consistent with the child’s welfare. This procedure supports the ‘No Order’ principle of the Children Act 1989, ‘the

aim of the Children Act 1989 is to ensure that an Order is granted only where it will positively improve the child’s welfare’, (Children Act 1989 Guidance and Regulations, Volume 1), by supporting family/friends arrangements for children, who need to be cared for away from homeand to avoid the child needing to enter the care system.

Families themselves are usually best-placed to find their own solutions and to make safe plans for children within the family; intervention from the Local Authority should be at the minimum needed to safeguard the welfare of the child.

This policy assumes (but does not depend on) the fact that the majority of family and friends carers have a previous, or on-going, significant relationship with a child for whom they are offering to care and whose needs they can meet, in circumstances where it has been assessed the child cannot live, either temporarily or permanently with his/her birth parent/s, or return to live with his/her birth parent/s, within appropriate timescales for the child. Where there is no pre-existing significant relationship, the assessments will address this.

DEFINITIONS

•• Family and friends carers are relatives, friends and other people with a prior connection with somebody else’s child who are caring for him or her full time. This includes a ‘connected person’ to a looked after child.

•• A ‘connected person’ means a relative (as defined in section 105

of the Children Act 1989, as amended by section 75 of the Civil Partnership Act 2004 (see below)), friend of, or other person connected with a looked after child. A person in the last category may be someone knows the child in a more professional capacity such as a child minder, a teacher or a youth worker although these are not exclusive categories. Such people would not fit the term ‘relative or friend’ but nevertheless may be an appropriate person with whom to place a child because of this pre-existing relationship.

•• Relative as defined by the Children Act 1989 means grandparent,

brother, sister, uncle or aunt (whether full blood or half blood or by marriage or by civil partnership) or step parent.

•• A looked after child is a person under the age of 18 who is subject

to a care order under section 31 of the Children Act 1989, or an interim care order under section 38 of that Act, or is voluntary accommodated under section 20 of that Act.

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•• A child ‘in need’ is defined in section 17(10) is a child whose vulnerability is such that they are unlikely to reach or maintain a satisfactory level of health or development or their needs or development would be significantly impaired without the provision of services by the local authority.

Legal Basis of placement of child with family and friends carers

In order to provide a clear framework for children cared for by family and friends, it is essential for the legal basis under which the child is placed is clearly stated. This is to ensure that the child and carers receive the support they need to safeguard and promote the child’s welfare. Please see APPENDIX1 for guidance in considering the legal status of the placement.

Section 17 arrangements

Children should not become looked after for financial reasons only and, therefore, it is required that social workers and team managers seek ways to support families through maximising benefits and the use of the section 17 Children in Need budget where appropriate.

Parents can make arrangements for children to be cared for by other family members without the involvement of or notification to the Department where the placement is with:

• A carer who is a relative, defined in s.105 of the Children Act 1989

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”.

• A carer who is a person with parental responsibility arising from

Special Guardianship, Residence Order, or a person who is a Testamentary Guardian.

Other relatives (not within the relationship at the first bullet point above), friends or other persons can care for children with the agreement of those with parental responsibility. However, carers in this category must:

• Register as childminders if they are paid to provide care for a child

under the age of 8 years for longer than 2 hours and up to 27 days, this can include overnight stays.

• After 28 days this will become a private fostering arrangement and if

they intend to act as carers for a child under the age of 16 years (or under the age of 18 years if disabled) for longer than 28 days, they must notify the Department, please refer to the Private Fostering Procedures

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In these circumstances there is a requirement to notify the Department of the arrangements for the child.

Prior to children being looked after and also as an alternative to being looked after long term, the child’s social worker is required to consider preferable placements with wider family/ friends and other permanence options including Residence Orders or Special Guardianship Orders.

The majority of family and friends carers act informally by agreement with those holding parental responsibility for the children they care for. Providing they are a relative of the child as defined by section 105 of the 1989 Act (as set out above), there is no requirement to notify the local authority of the arrangement. Most such arrangements remain entirely private without the need for support from children’s social care services.

If however the carer of a child under the age of 16 (or 18 if he or she is

disabled) is not a relative within the definition set out above and the placement continues beyond 28 days or is intended to do so, then the arrangement will fall within private fostering legislation – see private fostering procedures.

Initial presentation of non looked after child due to family breakdown/child placed on voluntary basis with relative or friend.

If a child living with a family and friends carer is assessed by the local authority as being in need, the authority may provide services and support under section 17 of the 1989 Act.

The Framework for the Assessment of Children in Need and their Families, provides the assessment tool for local authorities to satisfy themselves that informal family and friends arrangements are appropriate to meet the needs of individual children. The Initial Assessment and Core Assessment for the child and his/her family will have determined that the child cannot live either temporarily or permanently, with his/her birth parent/s, and so needs to be cared for away from home.

The child’s circumstances will be such that, if close relatives had not come forward to care for the child, then the child would have had to enter the care system and would have been placed by the local authority, with mainstream foster carers, or in residential care, or have been adopted.

• The child will have been referred to the Department for a service

and will have received an Initial Assessment to determine whether or not he/she is a Child in Need. Should the child be assessed as NOT being a Child in Need, the family will be signposted to universal services.

• The Initial Assessment of the child’s needs will always assess,

as the primary objective, whether a child can remain at home, or

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return home to live with his/her birth parent/s and what services are needed to enable this to happen. If this is not possible, a care arrangement with close relatives and in circumstances where the child does not need to enter the care system will always be the first choice, provided that the welfare of the child is never compromised.

• The social worker should assess whether it is appropriate for the

arrangement to be supported under s17 or whether an immediate decision needs to be made to safeguard the child under s20 arrangements.

• The arrangement can be supported under s17 following an

interim assessment,if the child is assessed as not needing immediate accommodation and if there are no immediate safeguarding issues whilst further assessment is undertaken to explore the appropriate arrangements for the child in the future.

• The assessing social worker must discuss with the parents and

the carers for the child what their views are about the placement and assess whether it is consistent with the child’s welfare to support the arrangement under S17.

• In circumstances where the Initial Assessment assesses the

child as being a Child in Need and ascertains that the child needs to live away from home, either in an emergency, or as a planned move, consideration must be given, at the earliest opportunity, for a referral for a Family Group Conference ,so that support can be given to the family to make plans for the child.Social workers are required to arrange a FGC unless there is good reason why not.

• If a Family Group Conference is held, the Department will

receive the plan for the child put forward by the Conference and will ensure it meets the needs of the child for safety, protection and future well-being and development. The family will ensure the plan contains arrangements for monitoring and reviewing, where necessary.

• If the care arrangement is to last for 6 weeks or longer, or if the

care arrangement is to be a planned move for the child, and the child has been assessed as being a Child in Need, the child’s social worker will undertake a Core Assessment for the child.

• Carers can be offered a financial assessment if they are in

financial need, if this is deemed appropriate.If financial need is identified during the assessment then for arrangements that are likely to last for 14 days or more S17 emergency payments can be paid to the carers whilst a full financial assessment is undertaken.The social worker should assess the immediate needs of the child requiring financial support to the carers ie for

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clothing/basic equipment for the child.This will need to be approved by the Team Manager.

• The full financial assessment should be commenced

immediately if the arrangement is likely to be over 14 days and will be subject to the DFES meanstest and based on the national minimum fostering rate minus child benefit.

• If there are immediate child protection concerns that require the child’s welfare to be safeguarded the social worker should discuss with the parent if they would agree to S20 accommodation arrangement for their child.This should include an explanation of the legal obligations towards the child.

• If following discussion with the parent they do not agree to a s20

voluntary accommodation arrangement and there are immediate child protection concerns for the child then legal advice should be sought regarding proceedings to secure the child.

• The social worker should discuss the legal options with both the

parents and the carers to ensure that there is clarity about the legal basis of the arrangement.This may include discussion with the parents regarding if they would agree to their child being s20 accommodated where appropriate.The implications of a S20 arrangement ie all statutory responsibilities should be clearly discussed with the parent and carer

Outcome of Initial Assessment

• If no welfare/ safeguarding issues identified no further action is

required as private arrangement which meets the needs of the child and is not a private fostering arrangement.

• Provision of s17 support. Core Assessment to be commenced to identify future support/action.

• If the child is under 16 years of age (18 if disabled) and the carers are not close relative and caring arrangement likely to be longer than 28 days then private fostering procedures to be followed.

• If safeguarding issues identified and assessment identifies that it would be unsafe for a child to return to the parents care then child is likely to be a looked after child. Family and friend carers for looked after children approval procedures to be followed.

Assessments should clearly define the status of the child and the basis in which the child/family is being supported either via s17 or s.20 in order to clarify roles and responsibilities of the Department, carers and parents.

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Looked after children Children who are subject to care orders or interim care orders may be placed with their parents.The 2010 Regulations set out the requirements to be followed when a child subject to a care order is being placed back with a parent (Part 4,regulations 15 to 20)

The Children Act 1989 puts local authorities under a duty to place children who are not able to live with their parents and are looked after by the local authority with family and friends carers unless this would be impracticable or inconsistent with the child’s welfare.

The Care Planning ,Placement and Case Review Regulations 2010 set out the arrangements for the temporary approval of a connected person as a foster carer to allow an immediate placement for a child where the local authority is satisfied that the placement is the most appropriate placement.(regulation 24)

A connected person is defined as a relative,friend or other person connected with the child. ie childminder

Prospective family/friends carers for looked after children will be:

• Assessed for their suitability as foster carers and be approved by the

Foster Panel as specific carers for a particular child/ren. • eligible for an assessment of their support and training needs • eligible for financial assistance • required to be supervised by the fostering service • Required to meet the relevant Fostering Regulations and National

Minimum standards. Immediate placements with relatives or friends of children who are assessed as needing to be looked after or are looked after children

In accordance with its overall policy of seeking to provide a range of appropriate placements, and with the benefit of Regulation 24,Wiltshire encourages the immediate placement of children or young people who need to be looked after or are looked after children with relatives or friends, where such placements will serve the children’s best interests and where initial checks indicate that they may be suitable to become a foster carer.

Placement with family/ friends is best made in a planned way with time for the full fostering assessment to be undertaken and approval given by the Fostering Panel before the child is placed.

No looked after child may be placed by the local authority with any person who is not an approved foster carer. When a child is “placed by the local authority” with family, friends or other connected person, the family or friends carers must to be assessed and

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approved as family and friends foster carers in line with the requirements of the Fostering Services Regulations.

There will however be circumstances where the most appropriate placement for a child is with a relative, friend or other connected person and the need for such a placement is urgent so that it is not possible to fulfil all the requirements of the Fostering Services Regulations in approving the connected person as a foster carer before placing the child,.

Regulation 24 is intended to be used exceptionally when it is not possible to undertake a full foster care assessment prior to placement.

Before making such a placement, the local authority must satisfy themselves that there are no obvious barriers to undertaking a foster carer assessment.

Subject to the successful completion of the assessment to temporarily approve a connected person, the carer may be immediately approved as a local authority foster carer for a period not exceeding 16 weeks. During this period the foster carer approval process must be undertaken and the carer approved in line with the requirements of the Fostering Services Regulations.

Exceptionally in accordance with Regulation 25 the period of temporarily approval may be extended beyond the sixteen week period.These circumstances are:-

• If the temporary approval is likely to expire before the full

assessment process is completed in which case the local authority may extend the temporary approval for a further period of up to 8 weeks

• Where the connected person, having undergone the full assessment process, is not approved and seeks a review of the decision through the Independent Reviewing Mechanism in which case the local authority may extend the temporary approval until the outcome of the review is known

Before deciding whether to extend the temporary approval the local authority must:

• Consider whether the placement with the connected

person is still the most appropriate placement available • Seek the views of the fostering panel • Inform the IRO

If the period of temporary approval and any extension of the period expires and the connected person has not been approved as a local authority foster carer in accordance with the Fostering Services Regulations the local authority, must terminate the placement after first making other arrangements for the child’s accommodation.

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A child requiring immediate placement may be a child who was not previously looked after, or may be an existing looked after child. Such a circumstance may for example result from the breakdown of the child’s home arrangement or current care placement, or may be the result of the requirement to remove a child from their home situation or from another care placement for their protection.

The assessment requirements as specified in regulation 24 must be met before the child may be placed. These are minimum requirements for assessing the connected person’s suitability within a short time frame. The assessment should be undertaken by the child’s social worker, and where possible jointly by the child’s social worker and a fostering social worker to ensure assessment requirements are met and to establish that there are no obvious barriers to undertaking a full foster carer assessment. Before making a placement under Regulation 24 the local authority must

• Interview the prospective carers • Assess the suitability of the connected person to care for

the child • Assess the suitability of the proposed accommodation by

inspecting the home • Assess the suitability of all other persons aged 18 and

over who are members of the household in which it is proposed that the child will live

• Undertake Carefirst checks( or equivalent if relatives/friends live outside Wiltshire)on all adult members of the household.

• Local checks with police and probation regarding adults and children living in the household.NB full CRB checks will be completed by the fostering team.

• Contact the prospective carer’s GP to ascertain if there are any health issues which would prevent them from managing the child’s needs.

• Ascertain the views of the child,their parents and any other significant person regarding the proposed placement

• Consider any financial and practical support needed to support the proposed placement.

• Complete the Placement Plan for the child. • Complete Fostering Agreement with the carers. • Consider whether in all the circumstances and taking into

account the services to be provided by the local authority the proposed arrangement will safeguard and promote the child’s welfare and meet the child’s needs set out in the care plan

Schedule 4 outlines the matters to be taken into account when assessing the suitability of a connected person to care for the child under Regulation 24. See Appendix 2

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The child’s social worker and team manager are responsible for ensuring the conditions required under Regulation 24 are met, and for assessing the connected person as a foster carer subject to the temporary approval of the connected person. The Regulation 24 assessment tool must be completed as fully as possible by the social worker and countersigned by the team manager prior to the child’s placement. See Appendix 3

The placement and temporary approval of the connected person as a foster carer must be authorised by the Head of Service Children in Care.

This procedure must be completed prior to placement and an immediate referral made to the fostering team by sending the Regulation 24 assessment tool .

As the connected person will be temporarily approved as a foster carer they will be required to comply with the Fostering Services Regulations and must sign a Foster Care Agreement (FC12(b)at point of placement. All the statutory requirements for a looked after child apply in these situations.

A connected person approved under these regulations will be entitled to the same support and services, including fees and allowances, payable/available to unrelated Wiltshire Council foster carers.

Following temporary approval the connected person must be assessed by a fostering social worker using BAAF Form F and approved as a foster carer, in line with the requirements of the Fostering Services Regulations, within the required timescale of 16 weeks .

The Family Rights Group are developing a Family and Friends foster carer assessment tool, use of this tool to assess potential family and friends foster carers will be considered once available.

If the connected person has not been approved as a foster carer in accordance with the Fostering Services Regulations within these timescales the temporary approval will expire. An alternative placement must be arranged for the child and the child must be removed from the placement with the connected person.

When assessing the child’s needs consideration should be given to the need for the child to become, or to remain, a looked after child. Where this is not required to secure the child’s welfare other placement options must be explored with the birth/extended family which would keep, or bring, the child out of the care system provided this is consistent with the child’s welfare. Other short term or permanent placement options available include Kinship Care, Private Fostering, Residence Order, Special Guardianship Order or Adoption.

Following approval, payments can be made to the carers from the Fostering Budget at the appropriate rate. Form FC45 to be completed by social worker and sent to Fostering Team to trigger payment.4D1 also to be completed by social worker.

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If the plan is for the child or young person to remain in the placement, the aim will be for the carers to be assessed by the fostering social worker and approved by the Fostering Panel within sixteen weeks of the placement decision being made.

A placement under Regulation 24 is subject to more frequent statutory visiting requirements. The child must be visited at least weekly until the time of the first review and subsequent visits must take place at intervals of not more than 4 weeks until the carer is approved under the Fostering Services Regulations. It would be good practice for the first visit to the placement to be undertaken jointly with the fostering social worker responsible for the full assessment of the carers

These frequencies reflect the greater vulnerability of the child who has been placed with a carer before the assessment of that person’s suitability to care for the child has been completed. These visits will be undertaken by the child’s social worker and allow an opportunity to assess how the relationship between the child and the carer is developing and identify at an early stage where there may be concerns about the child’s welfare.

At each visit, the social worker is expected to see the child/young person on his/her own unless there are reasons why this would be inappropriate. The visit should be clearly recorded on Carefirst with reasons why child not seen, if applicable.

Social worker must notify the IRO Team of the placement as soon as possible in order for the first statutory review to be arranged.

All placements made under these procedures are subject to the looked after children policies and procedures.

Planned Placements of looked after children with relatives or friends

This procedure will apply where there is the opportunity to assess the family/ friends as foster carers in advance of the placement in circumstances where a family or friend comes forward offering to care for a looked after child/young person and where an immediate placement is not anticipated. In these circumstances the following actions must occur:-

• If a potential Family or Friends carer has been identified, a referral for

assessment must be made by the child’s social worker immediately to the Fostering Team.

• The full fostering assessment will be allocated to and be undertaken by

a fostering social worker.

• Fostering social worker to present applicants to Fostering Panel

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for consideration for approval within 16 weeks of commencement of assessment.

Following approval and placement –

• The monitoring and support of the placement will be undertaken by the

allocated fostering social worker as per fostering procedures and will include a support/training package for the carers.

• The child’s social worker to visit child in placement as per statutory

visiting requirements.

• All looked after children policies and procedures to be followed Appendix 1 provides guidance for determining the status of the placement i.e. whether s.20 accommodation or not.

Appendix 2 details requirements of Schedule 4 – Regulation 24 Care Planning Regulations in assessing the temporary approval of connected persons.

Appendix 3 is the Regulation 24 assessment tool required in assessing the temporary approval of connected persons.

Appendix 4 shows the difference between support to family and friends carers under both s.17 and s.20

Appendix 5 shows the route into caring arrangements and requirements of local authority.

Carers should be provided with clear information about the legal status of the placement, the level of support, including financial assistance, they will receive and how long the support will last. A failure to provide this information will result in the placement being viewed by a court as s.20 accommodation.

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APPENDIX 1 WHAT IS THE STATUS OF THE PLACEMENT WHEN A YOUNG PERSON/CHILD IS PLACED WITH A RELATIVE OR FRIEND?

The status of the placement will depend upon the facts of the case, the relationship between the child and the relative/friend, the role of the local authority in making the placement, the social work assessment of the child/young person’s needs, the wishes and feelings of the parents, the child and the carer.

In determining the status of the placement and the duties of the local authority towards a child/young person being cared for by a relative or friend, the local authority must assess the child/young person’s needs and consider whether or not there is a duty to provide the child/young person with accommodation under s.20 of the Children Act 1989.

Determining the status of the placement entails a series of judgements:- 1. Is the applicant a child? 2. Is the applicant a child in need? 3. Is the child within the local authority’s area? 4. Does the child appear to require accommodation? 5. Is that need the result of:-

(a) There being no person with parental responsibility for the child (b) Child being lost or abandoned (c) The person who has been caring for the child being prevented from

providing accommodation or care. 6. What are the child’s views regarding the provision of accommodation? 7. What consideration (having regard to age and understanding) is to be given to those wishes and feelings? 8. Does any person with parental responsibility who is willing to provide accommodation for the child object to the local authority’s intervention? 9. If there is objection, does the person in whose favour a residence order is in force agree to the child being looked after by the local authority?

It will be question of fact as to whether the arrangement is a private arrangement or one arising from the local authority’s duty to accommodate the child.

Usually private/family arrangements will come about as a result of discussions between the proposed carer and the child’s parents or a person with parental responsibility. Where a family make private arrangements for the care of any child with a family member or friend and there are no safeguarding issues this will not be a child placed by the local authority and the child is not a looked after child.

Where children need to live away from home, and it is consistent with the child’s welfare, the local authority will support families in making their own arrangements for children to be cared for by family or friends without the need for the child to enter the care system. Such arrangements may include informal family care, private fostering arrangements, residence orders, special guardianship orders and adoption.

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The support from the local authority will be based on the assessed needs of the child to ensure that children who are living with relatives or friends receive the support that they, and their carers need, to safeguard and promote their welfare.

Where the local authority support a family in making such private arrangements, which may include financially supporting the arrangement, the nature and legal framework of the arrangement must be clearly understood by the parent and explained to the carer. The carer should agree to care for the child under that framework.

If the placement has been facilitated by the local authority i.e. arranging transport, making phone calls at the request of the family etc, acting as facilitator if the family cannot communicate with each other, then the status of the placement needs to be assessed and could be any of the following;

• If the initial placement is an informal family care arrangement and is to

continue with all parties in agreement, no safeguarding concerns and with the carers full knowledge that there will be no financial support from the local authority then this arrangement should continue on a privately arranged basis if the carer is a close relative.

• If the facilitated placement is a short term arrangement with family/ friend carers, less than 28 days, it can be supported under section 17 with a plan to return the young person home. If the arrangement is likely to be longer than 28 days then private fostering procedures should be followed if the carer is not a close relative and the child is less than 16 years of age (18 if disabled).

• If, following the initial facilitated placement with family/friend carers the

local authority assess the home situation as unsafe and unable to meet the long term needs of the young person then the social worker should explore other family and friends placements or the young person could be moved into a foster placement.

• If, it emerges that it is not in the best interests of the welfare of the

young person to be removed from their family and friends carer the local authority could continue to provide assistance in cash and kind under s17. The Children and Young Persons Act 2008 removes the “in exceptional circumstances “restriction on the provision of cash where it is assessed that cash is the most appropriate way to safeguard and promote the young person’s welfare. Assistance can include the provision of respite foster care.

• If the arrangement for the child to live with family or friends is facilitated

by the local authority as an alternative to public law proceedings then it is far more likely that this will be accommodation under s.20 the Children Act 1989.

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Where a local authority have played a major role in the making of a placement with family and friends, the child should normally be treated as being provided with accommodation by the authority, unless they have come to different agreement with the carers or parents. In such circumstances a court is likely to conclude that the child is being provided with accommodation and is therefore looked after.

The carers should be assessed as foster carers and the placement subject to the same regulations as those governing children on orders placed with family and friends.

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APPENDIX 2

Schedule 4 – Regulation 24

Matters to be taken into account when assessing the suitability of a connected person to care for C

1. In respect of the connected person—

(a) The nature and quality of any existing relationship with Child,

(b) Their capacity to care for children and in particular in relation to Child to—

(i) Provide for Child’s physical needs and appropriate medical and dental care,

(ii) Protect Child adequately from harm or danger including from any person who presents a risk of harm to Child,

(iii) Ensure that the accommodation and home environment is suitable with regard to the age and developmental stage of Child,

(iv) Promote Child’s learning and development, and

(v) Provide a stable family environment which will promote secure attachments for Child, including promoting positive contact with Parent/s and other connected persons, unless to do this is not consistent with the duty to safeguard and promote Child’s welfare,

(c) Their state of health including their physical, emotional, and mental health and medical history including any current or past issues of domestic violence, substance misuse or mental health problems,

(d) Their family relationships and the composition of their household, including particulars of—

(i) The identity of all other members of the household, including their age and the nature of their relationship with the connected person and with each other, including any sexual relationship,

(ii) Any relationship with any person, who is a parent of Child,

(iii) Any relationship between Child and other members of the household

(iv) Other adults not being members of the household who are likely to have regular contact with Child, and

(v) Any current or previous domestic violence between members of the household, including the connected person,

Appendix 3 Temporary Approval of Connected Person and Immediate Placement of Child under Reg. 24 (Family and Friends Care) Part 1and Part 2 to be completed by child’s social worker (SW) and signed by team manager (TM) Part 2 to be completed by the Head of Service Children In Care

INTRODUCTION

Social workers need to complete this assessment in order to meet the requirements of placing a child with family and friends foster carers under Regulation 24 (temporary approval of connected person) of the Care Planning,Placement and Care Review Regulations 2010. Regulation 24 states that: Where the responsible authority is satisfied that the most appropriate placement for a child is with a connected person and it is necessary for the child to be placed with the connected person before the connected persons suitability to be a local authority foster parent has been assessed in accordance with the Fostering Services Regulations they may approve the person as a local authority foster parent for a temporary period not exceeding 16 weeks provided that before making a placement they:

• Assess the suitability of the connected person to care for the child • Assess the suitability of the proposed accommodation • Assess the suitability of all other persons aged 18 and over who are

members of the household in which it is proposed the child will live • Consider whether, in all the circumstances and taking into account the

services to be provide by the responsible authority, the proposed arrangements will safeguard and promote the child’s welfare and meet the child’s needs set out in the care plan

• Make immediate arrangements for the suitability of the connected person to be a local authority foster carer to be assessed in accordance with the Fostering Services Regulations before the temporary approval expires

• A connected person means a relative, friend of, or other person connected with the child e.g. teacher, childminder etc

• Regulation 24 is intended to be used exceptionally • The child will become looked after and the requirements of a care plan

and placement plan remains • Contact should ideally be made with the fostering service early in the

process and a joint assessment visit to the carer undertaken before the child is placed

• Before placement the child’s social must visit the carer, the proposed accommodation and undertake an assessment to satisfy themselves

that the carer and placement are suitable, and that the child will be safe and have their needs met

• Every effort must be made to maximise the level and quality of information available to support the decision as to whether the person should be temporarily approved

• The child’s wishes and feelings about the proposed placement should be ascertained and the views of the child’s parents and others with parental responsibility sought

• The completed copy of Assessment of Foster Carer Temporary Approval must be sent to the Fostering Service immediately the child is placed to ensure a full assessment of the carers suitability (BAAF Form F) is completed and submitted to Fostering Panel in accordance with the Fostering Services Regulations before the temporary approval expires

• The Head of Service Children in Care authorises the temporary approval and the placement and must sign the manager’s agreement form within 24 hours of placement

• At the time the child is placed, the carer(s) must sign the Foster Care Agreement form

• The social worker for the child and the social worker for the carer must jointly attend Fostering Panel with BAAF Form F completed by the fostering social worker within sixteen weeks of the child being placed

• For the placement to continue beyond sixteen weeks the carer will need to become an approved family & friends foster carer or, in exceptional circumstances, the Fostering Panel Agency Decision Maker can agree an extension of the temporary approval in accordance with Regulation 25 .

• As the connected person will be temporarily approved as a foster carer they are required to sign a Foster Care Agreement and are entitled to the same support and services available to all Wiltshire Council foster carers including payment of fostering allowances

PART 1 ASSESSMENT To be completed by the CHILD’S SOCIAL WORKER prior to placement 1. The child(ren) to be placed under Regulation 24 (cut & paste table for additional children)

Child 1 Child 2 Name Carefirst number DOB Child’s usual address (and postcode) Child’s school/pre-school /FE Any disability Ethnic origin Nationality (indicate immigration status if applicable)

Religion (indicate if practising) First language (or other info) What are the child’s wishes and feelings about the proposed arrangement (age appropriate – the child should be seen on his/her own)

Proposed / actual date of placement

2. The child(ren’s) parent/s (including step-parent/partners/carers others with PR)

Relationship to child(ren) (i.e. mother / father / step / grandmother etc. Specify if different per sibling)

Forename Surname Other names used DOB Gender Current Address (and postcode) Telephone Nos. Email address Ethnic origin Any disability Nationality (indicate immigration status if applicable)

Religion - indicate whether practising

Language spoken at home Indicate who has PR for child

3. Information about the child’s current circumstances and legal status Describe the Department’s concerns about the child, why the child needs to live away from home.

What is the child’s current legal status? Give details and dates of any current legal proceedings.

Has a Residence Order/Special Guardianship/Kinship Care arrangement been considered? Yes/No If no – reasons why not.

Is the child subject to a child protection plan?

What are the parents’ (and any other person with parental responsibility for the child) views on this placement, including proposed contact arrangements. Do they have any concerns about the placement?

4. Information about the Connected person/s (Carer/s must be seen and local authority and local police check undertaken as a minimum)

Carer 1 Carer 2 Forename Surname Other names used DOB Gender Ethnic origin Current Address (and postcode) Telephone Nos. Email address Relationship to child/ren to be placed e.g. relative, friend, other connected person (give details)

Medical information - state if self reported/observation/independent information. What is the carer’s state of health? - physical, emotional and mental health and medical history including any current or past issuers of domestic violence, substance misuse or mental health problems

Details of any criminal convictions or cautions and any current contact with police or probation (state if self reported/outcome of local police check/independent information)

5. Connected person’s relationship with the child

• How long has the connected person known the child? Give details of previous pattern of contact

• Describe the nature and quality of any existing relationship with the child • What is the applicant’s motivation in offering to care for this child? • Will the placement affect the connected person’s relationships with the wider

family, especially the relationship with the child’s parents/birth family? Carer 1

Carer 2

6. The connected person’s parenting experience and capacity to care for children a) What is the carer’s previous parenting/child care experience – are there any concerns about the carer’s own children (history and current lifestyle)? Carer 1

Carer 2

b) Capacity to meet the needs of the child/ren to be placed – comment on carer’s understanding of the child/ren’s needs and ability to meet these needs How will the connected person meet the child/ren’s physical needs including providing appropriate medical and dental care?

Can the carer/s adequately protect the child/ren from harm or danger, including from any person who presents a risk of harm to the child? Does the applicant understand any child protection issues there may be? How will the carer/s work with the Department to safeguard the welfare of the child?

How will the carer/s promote the child/ren’s learning and development and meet their educational needs?

Can the carer/s provide a stable family environment which will promote secure attachments for the child? Comment on nature and quality of relationships within the household.

Can the carer/s promote positive contact with the child’s parents and other connected persons where contact is consistent with the child’s welfare?

Does the child have any needs the carers will be unable to meet and, if so, what are the plans to ensure these needs are met? e.g. assistance with contact arrangements, training needs, support needs etc

7. Accommodation to be provided for the child/ren. (Accommodation must be seen)

Number of bedrooms in carer household Do all the children in the household have their own bedrooms? Yes/No What are the sleeping arrangements for the child/ren placed (child’s social worker must view these arrangements) If sharing please indicate who with (relationship, ages and gender etc)

Is the accommodation and home environment suitable for child/ren of this age and developmental stage? Will the carer require any additional resources e.g. specialist equipment and who will provide this?

Are there any immediate household health and safety concerns including risks associated with passive smoking and, if so, what is the action plan to address these concerns?

Comment on the neighbourhood and resources available in the community to support the child/ren and the carer including carer’s own support network.

8. Other children living in the carer’s household

Name DOB

M/F

Relationship to carer/s and other members of the household

Date if seen

What is each child’s relationship with the child/ren to be placed? Detail any relationship with each parent of the child/ren to be placed? Will there be any problematic relationships within the family? What is each child’s view of the proposed placement and its possible impact on them? Are there any concerns regarding the history and current lifestyle of other children in the household in relation to the needs of any child who is to be placed?

9. Those in household age 18+ including carers (Indicate if seen and if local police check undertaken)

Name DoB M/F Relationship to carer/s and other members of the household

Occupation Date Seen?

Date and outcome of local Police Check

What is each person’s relationship with the child/ren to be placed? Detail any relationship with each parent of the child/ren to be placed? Will there be any problematic relationships within the family?

What is each person’s view of the proposed arrangement for the connected person to care for the child/ren?

10. Other adults who are not members of the household but who will have regular contact with the child/ren to be placed e.g. carer’s non resident partner, adult children living away from home

Name DOB

M/F

Relationship to carer/s and other members of the household

Date if seen

11. Carer/s own relationship/partnership Comment on the stability and length of current relationship/partnership.

12. Incidents of domestic violence Detail any known current or previous domestic violence between members of the household including the carer/s.

13. Description of carer’s family history

• Details of the carer’s childhood and upbringing including the strengths and difficulties of their parents or other person’s who cared for them

• Their relationships with their parents and siblings, and their relationships with each other

• Their educational achievements and any specific learning difficulty or disability • A chronology of significant life events • Details of other relatives and their relationships with the child/ren and the

connected person

Applicant 1

Applicant 2

14. Social worker’s analysis • Using the information gathered analyse whether the proposed arrangement will

safeguard and promote the child/ren’s welfare and meet the child/ren’s needs as set out in the care plan

• Identify the benefits and any risks to the child/ren in this placement from the carer/s

• Identify supports/services, which need to be provided in order to overcome any risks and give evidence RE: the applicant’s commitment to, and capacity to, make any necessary changes. Identify timescales and arrangements for review

a.) Benefits Commentary:

b) Risks Commentary:

Actions RE: risks Outcomes required:

Additional information or assessment / analysis around risks and benefits etc

15. Recommendation

Do you judge the connected person/s to the suitable to care for the child/ren for a period up to 16 weeks, including the suitability of the accommodation and all others over 18 who are members of the household?

If unsuitable, why, or what are the changes that need to be made and who will carry these out? Signed (Child’s Social Worker) Print Name

Date

Signed (Child’s Team Manager) Print name

Date

Part 2 Checklist to enable decision making

To be completed by the social worker & signed by social worker and team manager

Have Team Manager & Head of Service agreed that this placement is an immediate placement under Reg.24 having given full consideration to other options such as Residence Order/Special Guardianship and Kinship Care arrangements?

Yes

Have Team Manager &Head of Service agreed that this placement with a connected person is the most appropriate placement for the child, and that the immediate need for a placement is such that it is not possible to assess and approve the connected person as a local authority foster carer in accordance with Fostering Services Regulations before placing the child?

Yes

Has the proposed accommodation for the child been visited and carer/s and all members of the carers’ household seen?

Yes

Are local authority and local Police checks for all in household age 18+ satisfactory?

Yes

Have, where possible, relevant professionals concerned with the child/ren been consulted about the placement arrangements and their views RE: suitability been reflected in the analysis?

Yes

Has the Fostering Manager been informed RE: placement of child under Reg. 24 and have arrangements been made for the full foster carer assessment process (BAAF Form F) to be commenced immediately and the carers fully approved before the temporary approval expires?

Yes No

Have carers signed the Foster Care Agreement and are they agreeing to undertake a full assessment as local authority foster carers?

Yes No

Are there any obvious barriers at this stage to the carer’s full approval as a local authority foster carer?

Yes No

Has the Placement Plan and Care Plan been completed? Has the 4D1 been completed?

Yes No Yes No

Has carer been given all Essential Information regarding the child (EIR Form Part 1 & 2)?

Yes No

Has Medical Consent form been signed? Yes No The placement is subject to statutory visiting Regulations (1x a week until first review subsequent visits 4 weekly as minimum until carer approved or placement terminates)

Yes No

Has Reviewing Service been notified? Yes No Has child been seen on his/her own and his/her wishes, views and feelings recorded?

Yes No

Have the views of birth parents/other with PR been recorded?

Yes

Signed (Child’s Social Worker) Date Signed (Child’s Team Manager) Date PART 3 Agreement by the Head of Service for temporary approval of the connected person as a local authority foster carer for up to 16 weeks, and for placement of the child/ren with connected person.

I have read the attached Assessment for Temporary Approval and I agree to Name(s)

being approved as temporary Wiltshire Council foster carers for up to 16 weeks, and to Name(s)

being placed with the above named temporary foster carer/s for up to 16 weeks.

Signed:..........................................................(Head of Service) Print name:...........................................................Date:..............................

APPENDIX 4 Main differences between entitlement to support by family and friends carers under Children Act 1989 section 17 and section 20

Child in need supported under section 17

• the child is not looked after by the local

authority

• the child will not have a care plan but there may be a child in need plan

• if there is a child in need plan a social

worker or other worker may visit the child and carers

• the child may be offered access to an

advocacy service

• the carers will not usually have a separate social worker

• the local authority has discretion to give

financial assistance (which can be on the basis of regular payments) but there is no entitlement and payments may be means tested

• Child Benefit and Child Tax Credit may

be payable

• support may be offered to the carers and/or child but is discretionary

• there is no entitlement to leaving care

support

• any support offered will cease when the young person becomes 18, unless criteria are met for support from adult services

Child accommodated under section 20 • the child is looked after by the local

authority • the child must have a care plan

(including health plan and personal education plan) which will be reviewed by an independent reviewing officer

• a social worker will visit the child and

carers and oversee the child’s welfare • the child must have access to an

independent advocate • a supervising social worker will be

appointed for the foster carers • weekly fostering allowances will be

paid in accordance with national minimum allowance

• there is no entitlement to Child Benefit

or Child Tax Credit • training and support must be offered to

the foster carers • on leaving care the young person may

be eligible for ongoing support under the Children (Leaving Care) Act 2000

• the local authority is able to offer

continuing support, including financial support, to the carers until the young person is 21

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APPENDIX 5: CARING FOR SOMEBODY ELSE’S CHILD -

Private fostering Family care (informal)

Family and friends foster care

Unrelated foster care

Residence order Special guardianship order (SGO)

Adoption

This is a private arrangement whereby the child is being cared for 28 days or more (or the intention is that the arrangement will last for 28 days or more) by anyone who does not have parental responsibility, and who is not a close relative. Relative means grandparent, brother, sister, uncle or aunt (by full blood, half blood or by marriage or civil partnership) or a step parent. The child is not a looked after child.

The relative has chosen to take on the care of the child but does not have parental responsibility, and the arrangement was not made by the local authority. The child is not a looked after child. Relative may perceive the parents to be unable to care for the child; or the parents may be dead or otherwise not available (e.g. in prison); or there may be an agreement between relatives due to difficult family circumstances.

The child has been placed with the relative or friend by the local authority, because the person who had been caring for the child was deemed not to be providing suitable care. The child is a looked after child and so the local authority must approve the relative or friend as a local authority foster carer. The child may be accommodated voluntarily with the agreement of the parents or may be subject to a care order.

The child is a looked after child being accommodated by the local authority under section 20 Children Act 1989 or because the child is subject to a care order; but has been placed with a foster carer by the local authority. (Alternatively, the local authority may choose to place a child into residential care where this is considered to best meet the child’s needs).

The child may be at risk of becoming ‘looked after’ and a friend or relative applies for an order, or The child may have been ‘looked after’ and their foster carer or other relative/friend applies for an order. In either circumstance, application can be made without the support of the parents or the local authority. Relatives may apply for an order after the child has lived with them for one year. Or, there can be benign reasons, e.g. after parents’ death and in line with a prior agreement between the birth parents and the carer.

Looked after children: the LA may decide that the child should be placed for adoption. They can only do so with the consent of the birth parent or under a placement order made by a court. An approved foster carer can apply for an adoption order after a year of caring for the child. Other informal carers could apply for an adoption order if the child has lived with them for a period of 3 years.

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Remains with birth parents

Remains with birth parents but the person who cares for the child may do what is reasonable to safeguard or promote the child’s welfare.

Remains with birth parents if child accommodated under section 20 CA, or if the child is subject to a care order or emergency protection order the local authority will have parental responsibility and determines the extent to which it may be exercised by others.

Shared by parents and holder of residence order

PR shared with parents and any one else with parental responsibility for the child. The special guardian may exercise parental responsibility to the exclusion of all others with PR, apart from another special guardian.

Transfers to adopters and relationship with birth parents is severed.

The arrangement is assessed by LA, but the carer is not ‘approved’ as a local authority foster carer is. The arrangement may be prohibited if assessed by the local authority as unsuitable.

None Approved as local authority foster carers in

accordance with Fostering Services Regulations. (If child is looked after, carers must be approved as foster carers even if close relative.)

Appointed by court following application.

Appointed by court, following application from the applicant. LA must investigate the matter and prepare a report for the court dealing with the suitability of the applicant to be a special guardian.

Adoption agency assesses and approves prospective adopters, court makes order regarding specific child. If the child is not looked after then notice of intention to adopt must be given to the LA who then carry out an assessment / report for the court.

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Adoption

Subject to discretion of person with PR and readiness of private foster carer.

Subject to discretion of person with PR.

So long as placement remains in line with child’s care plan, as determined by LA.

Age 18. Age 18 unless varied or discharged by the court before the child reaches 18 years.

Permanent lifelong relationship.

It is not a placement, but there are statutory visits to child by social worker (minimum 6 weekly in first year, then 12 weekly).

None Statutory: visits to child by social worker and supervision of foster carers by supervising social worker

None When child is placed for adoption by the LA, the placement is supervised and there are statutory reviews. Once the adoption order is made, none.

It is not a placement, but the LA may do formal reviews in addition to ongoing assessment during visits.

None Statutory reviews of child’s care plan (minimum 6

monthly) and annual reviews of local authority foster carers’ approval

None None See above

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Adoption

Provision of advice and support as determined necessary by the LA, which may assess the child as a child in need, with a child in need plan, and provide services / support for child/family under section 17 of the Children Act 1989.

Can claim child benefit and child tax credit if not being paid to parent.

Financial responsibility to maintain the child remains with holders of PR.

No entitlement but the LA may assess the child as a child in need, with a child in need plan, and provide services / support for child/family under section 17 of the Children Act 1989. Can claim child benefit and child tax credit if not being paid to parent. Financial responsibility to maintain the child remains with holders of PR. Guardians Allowance payable if both parents have died, or the only surviving parent cannot be found or serving 2 years or more prison sentence.

Support to meet child’s needs including health plan and personal education plan. Training and practical support to foster carers in accordance with the Fostering services Regulations, NMS and CWDC standards. Young person may be entitled to leaving care support services. Child benefit and child tax credit not payable. Weekly allowance to meet the costs of caring for the child. This should meet at least the national minimum rate set by DCSF. The Manchester City Council judgment ruled that allowances must be the same for all foster carers, whether or not family & friends.

. No entitlement (But LA has discretion to provide services / support for child/family under section 17 of the CA). Can claim child benefit and child tax credit if not being paid to parent.

If child was looked after prior to making the SGO, LA must assess for need for special guardianship support services. LA has discretion whether to provide support. Young person may be entitled to leaving care support services if was a looked after child prior to making of the SGO Can claim child benefit and child tax credit if not being paid to parent.

Entitlement to assessment for adoption support services, which may be provided at discretion of LA in accordance with Regulations and NMS. Can claim child benefit and child tax credit if not being paid to parent. Entitlement to assessment for financial support (part of adoption support) if child looked after prior to order.

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LA has discretion to make one-off or regular payments under section17 Children Act.

LA has discretion to make one-off or regular payments under section17 Children Act.

Some fostering providers pay their foster carers a fee to recognise the carers’ skill, experience and commitment. The Manchester City Council judgement (which requires allowances to be paid on the same basis regardless of the relationship of the carer to the child) did not consider fees. However, Statutory Guidance for Fostering Services requires that any policy in relation to the payment of fees must be applied to all foster carers who meet the criteria in the same way and must not discriminate on the grounds of a pre- existing relationship with the child.

LA has discretion to pay residence order allowance – usually if child was previously fostered by the carers, or exceptionally if making residence order prevents child becoming looked after. Any allowance reviewed annually.

Entitled to an assessment for financial support under the Special Guardianship Regulations 2005 if child looked after prior to order and meets the criteria in the regulations. Subject to assessment as above and for former foster carers can include an element of remuneration. Regular or one off payments.

Subject to assessment, one off payments or regular adoption allowance may be paid.

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