Family and Friends Policy

PART 1 - GENERAL POLICY

1. Definition

The phrase "family and friends care" refers to arrangements for a child to be cared for full time by a relative, friend or other person connected to the child, such as a childminder. It includes:

• Informal arrangements for the child to stay with a relative or friend;
• Private Fostering by a person who is already known to the child;
• Child Arrangements Orders and Residence Orders;
• Special Guardianship; and
• Foster placement with a Connected Person.

The differences between these, and the powers and duties of Birmingham Children's Trust in each case are explained in the second part of this policy.

2. Principles of this Policy

• Most children are best looked after by their own parents, and the Trust has a duty to promote this unless it is not consistent with the child's welfare;
• When a child is unable to stay with their parents the long term plan is usually for the child to return to their care when any problems have been dealt with;
• If that is not possible, or would not be safe, the most suitable long term alternative is usually for the child to live with a relative or another person already known to them;
• When such a long term arrangement is available it is usually preferable for the child to be looked after outside the formal care system;
• Any services which Birmingham Children's Trust offers to support these arrangements should be based on the needs of the child and not on the legal status of the arrangement. In particular, financial resources should be targeted on those with the greatest financial need;
• The primary responsibility for the cost of the accommodation, maintenance and upbringing of a child lies with those who hold parental responsibility. Birmingham Children's Trust is responsible for these costs in the case of children who are looked after by the Trust: in other situations it will only consider making payments towards these costs in exceptional circumstances.

3. Support for Family and Friends Carers

Most support for family and friends carers consists of action to help them access services that are available to children who live with their parents. Family and friends carers often find it difficult to discover what resources are available for children living in their area. Birmingham Children's Trust is committed to ensuring that information about local services will be made easily available to family and friends carers.

For carers who live in Birmingham, the Children's Information and Advice Service can provide advice, support and guidance on all aspects of child care and a wide range of services to support children, young people and families.

• Monday to Thursday: 8.45am to 5.15pm
• Friday: 8.45am to 4.15pm

Contact Number: 0121 303 1888

3.1 Support in securing a school place

From 1 September 2021, the School Admissions Code provides that children being raised by family and friends carers under a Special Guardianship Order or Child Arrangements Order, who struggle to get a school place during the year, will be supported in finding one.

Please see the information and advice from Birmingham City Council's school admission website and Birmingham Virtual School website pages for guardians. The Virtual School website will have updated guidance for families on school admissions in spring 2022.

4. Financial Support

A Local Authority/Trust has the power to make cash payments to support a Child In Need. For example when a child moves to live with a relative or friend the Local Authority/Trust may make a contribution toward the cost of safety devices for the kitchen, bathroom and garden.

More detailed information about the financial support that may be available in different circumstances is in Part 2 of this policy.

5. Assessment of Suitability for Financial Support

Birmingham Children's Trust will only provide financial support for a family and friends care arrangement if it is satisfied that this is the most suitable way to safeguard and promote the child's welfare. This will generally require an assessment of the needs of the child and of the capacity of the carer to look after children in general and to meet the needs of this child in particular.

If the child is "looked after by the local authority" (as defined in Section 10, Looked After Child) the child's carers must be approved as Local Authority/Trust foster carers, and they are paid under Birmingham Children's Trust's foster payments scheme. In all other circumstances Birmingham Children's Trust will only consider making regular payments for the accommodation and maintenance of a child if it appears likely that the child's health and development will suffer harm through lack of financial resources and that the payments will prevent that harm.

Birmingham Children's Trust will not pay a regular allowance to support a child who is the subject of a Residence Order, Child Arrangements Order or Special Guardianship Order unless the child lives in the United Kingdom, Isle of Man or Channel Islands.

6. How to Request Support

Any family and friends carer, or prospective family and friends carer, who wishes to explore the support that may be available from the Birmingham Children's Trust should discuss the matter with the child's social worker. If the child does not have a social worker, initial enquiries should be made to:

The Information, Advice, Support Service
Tel: 0121 303 1888

7. Review of Approval

Any agreement that Birmingham Children's Trust will pay a regular allowance towards the accommodation and maintenance of a child who is the subject of a Residence Order, Child Arrangements Order or Special Guardianship Order will be subject to regular review:

• The carer will be required to submit an annual statement of their financial circumstances and on receipt of this statement the income assessment will be reconsidered;
• If the carer's financial circumstances change significantly they should notify the Children's Trust and an early review of their financial circumstances will be arranged; and
• The allowance will be agreed for a period of no more than two years, after which, if the carer reapplies, a new assessment will consider whether the care arrangements are the best way to meet the child's needs and whether financial support remains necessary to them.

8. Ending the Payment of Financial Support

If Birmingham Children's Trust agrees to make regular payments toward the maintenance of a child who is living with family and friends carers, payments will stop if any of the following circumstances apply:

• The child no longer lives with the person to whom the payments were being made. Payments under this scheme are made to support the child living with a specific carer. If the child moves to live in a different household the payments cannot be transferred to the new carer;
• A person who has parental responsibility for the child is living in the same premises as the child. It will be a requirement that the carer notifies Birmingham Children's Trust immediately if the child's parent comes to live with them. An exception may be made if the parent is also in need of care;
• The child ends full time education or training and starts employment;
• The child qualifies for income support or jobseekers allowance in their own right;
• The child reaches the age of 16. Birmingham Children's Trust may agree that regular payments will extend beyond the child's 16th birthday, but this must be agreed in advance, at the time when the need for financial support is being assessed or reassessed;
• There is a Residence Order, Child Arrangements Order or Special Guardianship Order in force, and that order expires or is discharged by the court.

Birmingham Children's Trust will reassess the need for financial support periodically and it may stop the payments if it concludes that:

• The child is no longer at risk of harm through lack of financial resources; or
• The financial support being provided is not being used to protect the child from risk of harm; or
• Other arrangements (for example the child returning to the care of his/her parents) would be a better way to promote the child's welfare and development.

Suspension of Payments

If Birmingham Children's Trust agrees to make regular payments toward the maintenance of a child who is living with family and friends, these payments will be suspended in the following circumstances:

• If the child leaves the British Islands (the United Kingdom, the Isle of Man and the Channel Islands) for more than a month, payments will be suspended until his/her return;
• If the child no longer appears to be living in the carer's household, payments will be suspended while an investigation is carried out into whether payment of the allowance is still appropriate;
• If the carers do not submit all the information required for review of their financial circumstances, payment will be suspended until this information is received.

PART 2 - APPLICATION OF THE POLICY IN PARTICULAR CIRCUMSTANCES

9. Child in Need

A child in need is:

• A child whose health and development will be harmed unless the Trust provides services; or
• A child who is disabled.

Support for a Child In Need

The Trust has a duty to provide services to safeguard and promote the welfare of children in need, and to help them to stay with their own families. However this is a general duty and it does not mean that any particular child has a right to receive any specific service.

The Trust has a power to make cash payments to support a child in need. For example when a child moves to live with a relative or friend the Trust may make a contribution toward the cost of safety devices for the kitchen, bathroom and garden.

The law allows the Local Authority/Trust to pay regular amounts as well as single grants. Birmingham Children's Trust will only consider using this power if the child is likely to suffer harm through lack of financial resources and the payments will prevent that harm. If regular payments are to be paid, this will be limited to a fixed period.

10. Looked After Child

The phrase "a looked after child" refers to children who:

• Are Accommodated by the Birmingham Children's Trust - This is a voluntary arrangement between the Trust and the child's parents. The parents still have parental responsibility for the child and the Trust does not, so the parents will normally agree that the foster carer or children's home staff may make the day to day decisions affecting the child. When major decisions need to be made, such as the child having an operation, it will normally be necessary for the parents to make them; or
• Have been made the subject of a Care Order by a court. A Care Order gives parental responsibility for the child to the Trust. Although the parents still have parental responsibility, the Trust can overrule their decisions about the child's upbringing if this is necessary to safeguard and promote the child's welfare. An Interim Care Order is a temporary order made while the case is in court. While an Interim Care Order is in force the court can give the Trust instructions about how it will carry out its powers.

The Trust must accommodate a child if:

• The child does not have any parent who has parental responsibility for him/her; or
• He/she is lost; or
• His/her parents have abandoned him/her; or
• The person who was caring for him/her cannot provide suitable accommodation or care for him/her.

The Trust can also accommodate a child if they think that this would promote the child's welfare.

The Trust may take further steps to ensure the child's welfare if they believe that the child is suffering significant harm, or is likely to suffer significant harm, and that this is because he/she is not receiving the care that a parent should give or because he/she is beyond the control of his/her parents. These steps may include applying to court for a Care Order.

If a social worker thinks that a child may need to become a looked after child they will discuss the situation with the team manager. If after considering the alternatives they agree that the child should be a looked after child they will inform the head of service. The head of service can decide that the child will be accommodated by the Trust or that the Trust will make an application to court for a Care Order.

When the Trust looks after a child they have a duty to consider whether the child could be placed with a relative, friend or other person who already has a connection with the child. This is referred to as "fostering with a connected person". Before allowing the child to stay with the connected person the Trust must assess and approve them as a foster carer. A social worker will visit the connected person and look into all aspects of their life and history that might affect a child placed with them. This will include arranging for a criminal records check on every adult who lives in their household. The connected person must also provide the names of at least two people who can provide personal references.

The fostering assessment report will be sent to the Fostering Panel. This is a group of people who have experience and expertise in fostering issues - at least one of them must be independent of the Trust. The panel makes a recommendation to a senior manager in Children's Trust, who decides whether the connected person should be approved as a foster carer.

Support for Foster Carers

Family and friends carers who are approved to foster on behalf or Birmingham Children's Trust have their own social worker. This worker will visit them regularly and offer advice. They are entitled to maintenance payments which depend on the age of the child they are caring for.

11. Informal Arrangements

"Informal arrangements" is the phrase used when parents arrange for a child to stay with a relative or friend. It only applies to short term arrangements or arrangements with a close family member – any arrangement for a child to stay for more than 28 days with someone who is not a close relative is private fostering and not an informal arrangement.

While the child is being cared for in an informal arrangement the parents still have parental responsibility, but they usually agree that the carers will make day to day decisions affecting the child. When major decisions need to be made, such as the child having an operation, it will normally be necessary for the parents to make them.

Informal arrangements do not have to be reported to the Trust, and the Trust does not normally become involved unless it feels that the child is at risk of harm. If the Trust is worried that the child may come to harm it may offer support because the child is a Child In Need, or it may apply to court for a Care Order.

Support for Informal Arrangements

If a child is being cared for in a long term informal arrangement, the carer should have access to all the services that are available to children who live with their parents. If the child is a Child In Need the Trust can provide the same support that it would make available to children who live with their parents (see above).

While a child is being cared for in an informal arrangement the parents are responsible for the cost of looking after the child. In some circumstances the carers may also be entitled to certain welfare benefits.

12. Private Fostering

A Privately Fostered child is a child under the age of 16 (or a disabled child under the age of 18) who lives with, and is cared for by, someone who is not a close relative for a period of more than 28 days. All Private Fostering arrangements must be reported to the Trust.

While the child is being privately fostered the parents still have Parental Responsibility, but they usually agree that the carers will make the day to day decisions affecting the child. When major decisions need to be made, such as the child having an operation, it will normally be necessary for the parents to make them.

Assessment of Suitability

When the Trust is notified of a private fostering arrangement, it must carry out an assessment of the suitability of the arrangement. The assessment must cover the issues listed in the Children (Private Arrangements for Fostering) Regulations 2005.

Support for Private Fostering

While a child is being looked after by a private foster carer, the carer should have access to all the services that are available to children who live with their parents.

The Trust must arrange for someone to visit the child at least once every six weeks for the first year, and at least every twelve weeks after that. If the Trust is worried that the child may come to harm it may:

• Offer support because the child is a Child In Need; or
• Notify the child's parents of their concerns and suggest that they should remove the child; or
• Issue a notice which prohibits the carer from fostering privately; or
• Apply to court for a Care Order.

While a child is being looked after by a private foster carer the parents are responsible for the cost of looking after the child. The carers may also be entitled to certain welfare benefits. Birmingham Children's Trust does not normally offer financial support to private foster care arrangements, but if the child is a Child In Need the Trust can provide the same support that it would make available to children who live with their parents (see above).

13. Residence Order or Child Arrangements Order

A Residence Order is a court order that names the person that a child will live with. In most cases the named person will be one of the child's parents, but a Residence Order may name a grandparent, another relative, or any other person connected to the child.

With effect from 22nd April 2014 Residence Orders have been replaced by Child Arrangements Orders. This is a court order setting out the arrangements for the child to live, spend time or otherwise have contact with any person.

While a Residence Order is in force the person named in the order has parental responsibility, but the child's parents also have parental responsibility. Similarly, if a Child Arrangements Order directs that the child will live with a named person, that person shares parental responsibility with the child's parents. It is up to the person named in the order and the parents to work out who will be responsible for making decisions – except that the parents cannot take the child away to live with them unless the person named in the order agrees.

While a Residence Order or Child Arrangements Order is in force the Trust will not normally become involved unless they feel that the child is at risk of harm. If the Trust is worried that the child may come to harm it may offer support because the child is a child in need, or it may apply to court for a Care Order.

Support for Children Subject of Residence Orders and Child Arrangements Order

While a child is the subject of a Residence Order or a Child Arrangements Order, the carer should have access to all the services that are available to children who live with their parents. If the child is a child in need the Trust can provide the same support that it would make available to children who live with their parents (see above).

While a Residence Order or a Child Arrangements Order is in force, the carer has parental responsibility for the child. This includes the duty to support the child, including the cost of the child's accommodation, maintenance and upbringing. If the order names a person who is not the child's parent or step parent the Trust may make contributions towards these costs – this is a power of the Trust: the carer does not have a right to receive payments.

Birmingham Children's Trust will only consider making payments towards these costs in circumstances in which financial support would be payable to a special guardian, that is:

• The carer could not look after the child without financial support. Birmingham Children's Trust interprets this as meaning that it is likely that the child's health and development will suffer harm through lack of financial resources and that the payment will prevent that harm;
• The child needs special care which requires increased expenditure;
• It is appropriate to contribute to the legal costs of the application. Birmingham Children's Trust will not contribute towards the cost of legal fees unless it has agreed in advance that the application is necessary to safeguard and promote the child's welfare. If it does agree to make a contribution, the applicant must use one of the solicitors firms that have agreed with the Trust to carry out this work; or
• It is appropriate to make a contribution towards costs of accommodation and maintenance of the child which are not available to the carers through the tax and benefit system. Birmingham Children's Trust interprets this as meaning that the carer is not entitled to financial support through the tax and benefit system that would normally be available to a parent looking after a similar child.

Birmingham Children's Trust will not normally provide funding for the purchase of a larger property or for building an extension to an existing property. Birmingham Children's Trust retains a discretion to assist with accommodation and will exercise this discretion based on individual circumstances. If any contribution is made by Birmingham Children's Trust towards any purchase or building works to any property, the money expended by Birmingham Children's Trust will be secured by a charge against the property, to be repaid on sale. The individual terms of any offer will be set out in a separate written agreement.

Birmingham Children's Trust will also apply the following conditions:

• The child must be ordinarily resident in Birmingham at the time the order is made, and at the time when any financial support is first agreed, if different;
• The child must have been looked after by Birmingham Children's Trust at some time in the 12 months immediately before the order was made;
• An allowance will not be paid if a parent is living in the same premises as the child. An exception may be made if the parent is also in need of care. It will be a requirement that the carer notifies Birmingham Children's Trust immediately if the child's parent comes to live with them; and
• An allowance will not be paid for any period during which the carer allows a parent to care for the child overnight or for significant periods during the day.

Income Assessment

Before deciding to pay an allowance the Children's Trust will apply an income assessment. This will take into account the financial resources and reasonable commitments of the person named in the court order and the financial needs and resources of the child. It is expected that any person who asks for financial support will claim all the state benefits to which they are entitled, and these will be taken into account in calculating the amount of any allowance.

The maximum allowance payable will be the amount of maintenance that Birmingham Children's Trust would pay to a foster carer looking after the same child. In reckoning the allowance to be paid in respect of any particular child the same calculation will be used whether the child is the subject of a Residence Order, a Child Arrangements Order or a Special Guardianship Order, and the same calculation will also be used in respect of children who have been adopted.

The Children's Trust will arrange an annual review of the family's financial circumstances, and will require an annual financial return from the carer. If the carer's financial circumstances change significantly they should notify the Children's Trust and an early review will be arranged.

Payment of an allowance under this policy is agreed for a maximum period of 2 years at the end of which the carer will be required to re-apply for the allowance. They will then be subject to a further assessment of their need for financial support in the light of the child's current needs and of their financial circumstances. All payments will cease at the child's 16th birthday unless an extension was agreed at the most recent assessment.

14. Special Guardianship Order

A Special Guardianship Order is a court order that names one or more people to be a child's "special guardian". While a Special Guardianship Order is in force the special guardian has parental responsibility for the child and can refuse to allow the parents to carry out their responsibilities.

Assessment of Suitability

Before the court makes a Special Guardianship Order the Trust must write a report about the child and the prospective special guardian. The report must contain the information listed in the Special Guardianship Regulations 2005.

Support for Children Subject of Special Guardianship Orders

While a child is the subject of a Special Guardianship Order, the carer should have access to all the services that are available to children who live with their parents. If the child is a child in need the Trust can provide the same support that it would make available to children who live with their parents.

While a Special Guardianship Order is in force, the special guardian has parental responsibility for the child. This includes the duty to support the child, including the cost of the child's accommodation, maintenance and upbringing.

While the order is in force the Trust will not normally become involved unless it feels that the child is at risk of harm. If the Trust is worried that the child may come to harm it may offer support because the child is a child in need, or it may apply to court for a Care Order.

A special guardian (or someone who has applied for a Special Guardianship Order) may ask the Trust to assess their need for support and, if the child was looked after by the Trust immediately before the Special Guardianship Order was made, the the Trust must carry out an assessment and give a copy of the report to the special guardian. When the Trust carries out an assessment it must decide what support, if any, it will offer.

Support for special guardians will normally consist of information about services available to children who live with their parents and help in accessing them. The Trust may also consider providing financial support – either as a single payment to fund the purchase of specific items or as a regular allowance.

The grounds which must be satisfied before the Trust may approve the payment of financial support to a special guardian are –

• The carer could not look after the child without financial support. Birmingham Children's Trust interprets this as meaning that it is likely that the child's health and development will suffer harm through lack of financial resources and that the payment will prevent that harm; or
• The child needs special care which requires increased expenditure; or
• It is appropriate to contribute to the legal costs of the application. Birmingham Children's Trust will not contribute towards the cost of legal fees unless it has agreed in advance that the application is necessary to safeguard and promote the child's welfare. If it does agree to make a contribution, the applicant must use one of the solicitors firms that have agreed with the Trust to carry out this work; or
• It is appropriate to make a contribution towards costs of accommodation and maintenance of the child which are not available to the carers through the tax and benefit system. Birmingham Children's Trust interprets this as meaning that the special guardian is not entitled to financial support through the tax and benefit system that would normally be available to a parent looking after a similar child. Birmingham Children's Trust will not normally provide funding for the purchase of a larger property or for building an extension to an existing property. Birmingham Children's Trust retains a discretion to assist with accommodation and will exercise this discretion based on individual circumstances. If any contribution is made by Birmingham Children's Trust towards any purchase or building works to any property, the money expended by Birmingham Children's Trust will be secured by a charge against the property, to be repaid on sale. The individual terms of any offer will be set out in a separate written agreement; and
• The child must be ordinarily resident in Birmingham at the time when financial support is first agreed.

Income Assessment

Before the Children's Trust agrees to pay an allowance to a special guardian it will apply an income assessment. This will take into account the financial resources and reasonable commitments of the special guardian and the financial needs and resources of the child. It is expected that any person who asks for financial support will claim all the state benefits to which they are entitled, and these will be taken into account in calculating the amount of any allowance.

The maximum allowance payable will be the amount of maintenance that Birmingham Children's Trust would pay to a foster carer looking after the same child. In reckoning the allowance to be paid in respect of any particular child the same calculation will be used whether the child is the subject of a Residence Order, a Child Arrangements Order or a Special Guardianship Order, and the same calculation will also be used in respect of children who have been adopted.

The Children's Trust will arrange an annual review of the family's financial circumstances and will require an annual financial return from the carer. If the carer's financial circumstances change significantly they should notify the Children's Trust and an early review will be arranged.

Payment of the allowance is agreed for a maximum period of 2 years at the end of which the special guardian will be required to re-apply for the allowance. They will then be subject to a further assessment of their need for financial support in the light of the child's current needs and of their financial circumstances. All payments will cease at the child's 16th birthday unless an extension was agreed at the most recent assessment.

Appendix 1: Income Assessment

INCOME ASSESSMENT FOR FINANCIAL SUPPORT

ADOPTION, SPECIAL GUARDIANSHIP, RESIDENCE ORDERS AND CHILD ARRANGEMENTS ORDERS

When a Local Authority/Trust agrees to provide financial support for a child who has been adopted or is the subject of a Special Guardianship Order, it must take into account the carer's financial resources and reasonable outgoings and commitments and the financial needs and resources of the child when calculating the support to be offered. It is the policy of Birmingham Children's Trust to apply the same calculation when it provides financial support for a child who is the subject of a Residence Order or a Child Arrangements Order.

The maximum allowance that will be paid is the fostering maintenance that would be payable in respect of the same child. This figure may be reduced on consideration of the carer's financial resources and commitments as set out below.

Every case will vary, but as a guideline the following may be included as income:

1. All wages or salary including any bonus or overtime, minus income tax, national insurance contributions and pension contributions;
2. All self-employed income, including any bonus, dividend or salary paid, minus any tax paid and minus any pension contributions;
3. Any pension being paid to the carer;
4. The full amount of any tax credits payable to the family;
5. Child Benefit;
6. If the family is entitled to Carer's Allowance in respect of the child, the weekly payment will be included as income;
7. Any income by means of rent on their main property (for example a lodger) or on any other property; and
8. A notional amount in respect of savings.

The total of all of the above will give the amount of the weekly income.

Every case will vary, but as a guideline the following may be included as reasonable outgoings and commitments:

1. An amount for the carer(s) needs;
   This figure will be updated annually.
2. An amount for the needs of each dependent child of the family;
   This figure will be updated annually. If the carer receives adoption allowance, special guardianship allowance etc. in respect of another child of the household, that child's needs will not be taken into account, and the allowance will not be regarded as income.
3. Housing costs – for example rent or mortgage payments;
   Excluding the cost of any re-mortgage or additional loan.
4. Council tax payments after any discounts or rebates; and
5. A discretionary amount may be added in exceptional circumstances.
   For example if the child who is the subject of the order is severely disabled, the Children's Trust may add an amount to the outgoings and commitments in recognition of the extra costs of caring for the child.

The total of all of the above will give the amount of the weekly requirements.

The weekly requirements will be subtracted from the weekly income and this figure is compared to the fostering maintenance that would be payable in respect of a child of the same age as the child who is the subject of the order.

The allowance payable will be the lower figure of:

• The fostering maintenance for a child of the appropriate age; or
• The weekly requirements minus the weekly income.