Kinship care policy

As Section 4 of the Policy makes clear, parents retain responsibility for financially supporting their children even in situations where a child is being cared for by a family or friend. Carers should always seek to avail themselves of any benefits and tax credits they may be entitled to and agencies such as Welfare Rights, Citizens Advice and the Money Advice Service will be able to assist carers to make claims for the relevant and appropriate benefits and financial support.

Whilst the Council does not routinely provide financial assistance, Section 17 (6) of the Children Act 1989 allows services provided by a Local Authority to include the "giving of financial support".

The following sections sets out in more detail the circumstances when Gateshead Council may consider offering additional financial support, but it is important to note that assuming responsibility for a child via a Child Arrangement or Special Guardianship Order is a significant commitment which brings with it additional responsibilities. Unless the child has significant and lifelong needs and this results in additional costs being incurred, financial support offered by the Council will typically be for a temporary period, to assist during a period of transition.

Section 17 Children Act 1989 / family support payments

Financial support provided under Section 17 is awarded on a discretionary basis when a child has been assessed as a child in need and it is deemed that additional support is necessary to address that need. This can apply to any child including children in informal care arrangements and those being privately fostered.

Financial support under Section 17 will typically only be paid in circumstances where the child's identified need cannot be met through the existing benefits system or via the support referred to in Section 4. For example, payments for one-off purchases of equipment, clothing and furniture needed by carers to care for a child in a crisis situation when it has not been possible to secure support or help from sources such as the Benefits Agency, Welfare Rights or a charity.

In addition to the purchase of small one-off items, short term financial subsistence can be considered in exceptional circumstances, for example where the Council would have had to accommodate the child/young person under Section 20 of the Children Act if no financial assistance was provided.

For example, a Carer may need financial help for a short period whilst they are applying for benefits, similarly, a Carer assuming responsibility for a baby or young child who was previously Cared for, may need some initial help to purchase equipment such as bedding, furniture, pushchair etc.

Requests for payments which exceed £50:00 must be accompanied by an assessment by the social worker and requests for any ongoing financial support will be considered by the Council's Kinship Support and Finance Panel.

Each case and family circumstance will be unique, but whenever ongoing financial payments are being considered, these must be accompanied by an assessment of the child's needs.

Kinship foster care - financial support

Kinship carers are carers providing temporary foster care to a specific "Child who is cared for". A nominated officer within Children's services can grant temporary approval for an initial period of 16 weeks if a viability assessment concludes that this is safe, viable and in the child's best interests. In exceptional circumstances, this may be extended for a further 8-week period.

Once the carer is approved as a temporary foster carer, they will receive the Council's standard Foster Care Allowance to help meet any costs associated with caring for the child.

The Council's fostering allowance rates are linked to recommended National Fostering Rates which incorporate elements of remuneration to foster carers who pursue the role as a full-time career, as such, the Council's fostering rates should not be viewed as accurately reflecting the costs of bringing up a child.

It should be noted that temporary kinship foster care arrangements can only extend for a maximum period of 24 weeks. If during this period it becomes clear that the child cannot return home, the Council must explore alternative care options or seek Agency Decision Maker oversight if there are reasons preventing the kinship carer from being approved as a short-term foster carer which would enable the care arrangement to remain regulated whilst permanence planning is achieved.

It is appreciated that kinship carers may wish the temporary fostering arrangement to continue in the long term, but decisions around whether a child should remain Cared for by the Council for his or her childhood, must be balanced with children's needs for stability and permanence. Children cared for on a long-term basis have all decisions around their future made by the Council, whilst carer's views will be considered as part of any decision making process, carers are unable to make any independent decisions on behalf of the child.

Finally, in order for a temporary kinship carer to become a short-term approved kinship foster carer for a named child, the carer must meet the agreed Fostering Standards and be formally approved in line with attending Fostering Panel and the Agency Decision Maker endorsing the panel's recommendation in this regard. Kinship foster carers (temporarily or short term approved) are expected to fulfil all expectations of the fostering role which include providing daily recordings, attending kinship carer training and engaging in visits/meetings with a supervising kinship social worker.

As highlighted previously within this policy, children enjoy more positive outcomes when their future is secured and where they are claimed. Care planning for the child or children placed with the kinship carer will always look to achieve this goal and if it becomes clear that a child cannot return home, the Council must explore alternative care options.

Child arrangement order allowances (previously known as residence orders allowances)

The Children Act 1989 gives a local authority discretionary power to make payments towards the cost of maintenance and accommodation of a child who is subject of a Child Arrangements Order in relation to residence. This does not apply where the person with whom the child lives or is to live with is the parent of the child or husband or wife or civil partner of a parent of the child.

Gateshead Council cannot remunerate family and friends for providing care, but as with Section 17 / Family Support Payments and Special Guardianship Orders, the Council will assess families and may consider offering financial support to a carer with a Child Arrangement Order if the needs of the child warrant additional help.

The majority of carers will be entitled to Child Benefits and carers are also expected to claim any other benefits and tax credits they may be entitled to when they assume parental responsibility for a child. The Council's Welfare Rights Service is available to assist carers in making appropriate benefit claims. All children who are being secured in the care of a kinship carer under a Child Arrangement and were a child who was cared for prior to permanence being achieved in line with this Order, will be entitled to a formal assessment to determine if a child's needs warrant additional financial help.

Schools can also claim additional financial support via the Pupil Premium Grant for children who were cared for. Carers struggling to meet costs such as school meals, uniforms and activities may receive help via schools to help offset these expenses.

It is envisaged that, the additional benefits, tax credits alongside any existing resources available to carers should be sufficient to sustain most care arrangements however in exceptional circumstances, Gateshead Council may offer additional discretionary financial support to carers with a Child Arrangement Order.

Situations where additional financial help could be considered include:

• Where a child is assessed to have significant needs (physical, emotional, health or educational), including cases resulting from past experience of abuse or trauma, where the child's needs can't be addressed via funding and support available via universal services.
• Cases where the Council has agreed that pre-school age children need childcare or nursery provision and the costs of this provision can't be funded from the resources available to the carer, via tax credits or other sources.
• Carers who have had to cease employment (or cease seeking employment) or take unpaid leave from employment in order to care for a child or to settle a child into his/her new situation which presents an alternative to the child being cared for. In these cases, the Council may consider providing support for a temporary period.

Whenever financial support is being considered, a formal assessment will be undertaken looking at the child's needs, the resources available to the carer to meet those needs and detailing what any funding will be used for.

Assessments will be considered by the Kinship Finance and Support Panel. Cases will be presented by the assessing social worker and Panel will determine if financial support is required and if so at what level. Child Arrangements payments will typically not exceed the weekly baseline fostering allowance.

To ensure any financial support offered by the Council compliments financial support available via benefits and tax credits any Child Tax Credits and Child Benefit a carer receives will be taken into consideration in determining the level of allowance that may be paid. The financial assessment process is detailed in Section 6, but when payments are offered:

• They will be supported by a written agreement so that all parties are clear about what is being provided, why and the duration of the agreement.
• Typically, unless the child has a significant long term health condition, it is expected that payments will be for a transitional period of no more than 2 years in order to meet any needs arising from the child's move into the household.
• All payment and associated plans will be reviewed on an annual basis (or sooner if the circumstances warrant) so that the Council can determine whether the payment remains necessary in order to support the child.

Special Guardianship Orders (SGO)

Kinship Carers who obtain a Special Guardianship Order for a child who was previously 'Cared for' have a right under the Special Guardianship Regulations 2005 to ask the Council for a formal assessment of the child's needs including financial support.

As set out previously with Section 17 and Child Arrangements Order payments, the primary consideration in determining entitlement to any SGO payment will be the needs of the child. If after assessing a child's needs, the Council agrees support is warranted, details of the support services the family can expect (including financial support) will be set out in detail in the child's support plan.

Most carers with a Special Guardianship Order will receive Child Benefits; carers are also expected to claim all other benefits and tax credits they may be entitled to when they assume parental responsibility for a child.

Carers who work but receive lower wages may receive similar sums and may also be entitled to additional working tax credits. The Council's Welfare Rights Service will assist carers in making appropriate benefit claims so that carers have a clear idea on the level of support available to them at the point they agree to assume responsibility for a child.

It is envisaged that, the additional benefits, tax credits alongside any existing resources available to carers should be sufficient to sustain most care arrangements however in exceptional circumstances, Gateshead may offer additional discretionary financial support to carers with a Special Guardianship Order.

Situations where an SGO allowance may be considered include:

• Where a child is assessed to have significant needs (physical, emotional, health or educational), including cases resulting from past experience of abuse or trauma, where the need can't be addressed via funding and support available via universal services.
• Cases where the Council has agreed that pre-school age children need childcare or nursery provision and the costs of this provision can't be funded from the resources available to the carer.
• Carers who have had to temporarily cease employment (or cease seeking employment) or take unpaid leave from employment to care for the child or to settle the child into his/her new situation which presents an alternative to the child being cared for. In these situations, the Council may provide support for a temporary period.

Whenever financial support is being considered for a Special Guardian, a formal assessment of the child's needs must be carried out by a Social Worker, the assessment will look at the child's needs, will incorporate a detailed assessment the resources available to the carer to meet those needs and will set-out what any funding will be used for.

Completed assessments will be considered by the Kinship Finance and Support Panel, who will determine what (if any) financial support is needed to meet the child's needs. Any payments that are agreed for a Special Guardian will:

• Be clearly set out in the child's support plan so that all parties are clear about what is being provided, why and the duration of the support.
• Typically, unless the child has a significant long-term condition, it is expected that payments will be for a transitional period of no more than 2 years in order to meet any needs arising from the child's move into the household.

In order to abide by Special Guardianship Regulations, all payments and associated plans will be reviewed on an annual basis (or sooner if the circumstances warrant) so that the Council can determine whether the payment remains necessary in order to support the child. In light of these Regulations the Council is typically unable to give any long-term guarantee around payments.

The maximum level of support payable to Special Guardians typically links directly with the allowance paid to mainstream foster carers. However, the Kinship Finance and Support Panel will determine an appropriate level of financial support based on the information in the assessment. In order to ensure offers of additional financial support compliment support available via benefits and tax credits, any Child Tax Credits and Child Benefits carers receive will typically be taken into consideration when determining the level of support.

Further details of the financial assessment process are set out in Section 6.

Legal costs

Gateshead may also provide financial help to Kinship carers who wish to apply for a Child Arrangement Order, Special Guardianship Order or an Adoption Order. This will only be considered where the application is supported by the Local Authority.

It should be noted that carers are expected to source funding from the Legal Aid Agency but, if the Legal Aid Agency requires carers to contribute, assistance with these legal costs can be considered by the Local Authority. The Council will usually only cover the Court application fee.

Where the Local Authority has completed a Special Guardianship Assessment or Connected Carers assessment to inform permanence planning and concludes that it would be in the child's best interests to be secured in the care of a kinship carer, the Council will provide financial assistance to the carer for a legal consultation with an independent solicitor for a maximum of 2 hours.

Access to support

Once a Special Guardianship Order or Child Arrangement Order has been made, kinship carers living in Gateshead are entitled to request a revised assessment at any time up until the child reaches the age of 18, if they feel additional support is needed.

Families living outside of Gateshead can request support from the Council up to 3 years after the Special Guardianship was made. After this date, responsibility for support falls to the Local Authority for the area in which the Special Guardian now lives, unless the Council agreed to provide ongoing financial support at the point the order was made. In such circumstances the Council will remain responsible for the payment until such time as it is determined that support is no longer needed.

In assessing needs, carers may be asked to assist in the completion of the Financial Assessment. Please note that completing the Assessment Form does not automatically entitle a carer to financial support, but carers will be notified of the outcome of the assessment and the reasons why any decisions have been made.

When completing a Financial Assessment form, it is important that carers read and understand the information provided in this Policy. As has already been indicated, ongoing financial support is generally only payable where the child has an exceptional need as defined in Section 5.