FAQs
Kinship Care
Read below and get answers to your questions
1. Will the kinship carer be assessed?
No.
2. Who has parental responsibility (PR)?
Mothers
Fathers on birth certificate or married to mother at time of birth
Fathers, stepfathers and stepmothers who acquired PR by formal agreement or via court order
Second female parents in specific circumstances - see details here
Anyone else who has PR via a court order.
3. Who can make decisions on behalf of the child?
Carer can make day to day decisions about child’s care Only those with PR can make important decisions. For example, about giving consent to medical treatment; the child leaving the UK.
4. Can the child be removed from the kinship carer?
Yes, by someone with parental responsibility.
5. Can the kinship carer take the child out of the UK?
N/A
6. Can the kinship carer appoint a testamentary guardian?
Yes
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
Not applicable. There is no court order in place
8. Is the kinship carer entitled to practical and financial support from children’s services?
Parents remain financially responsible for the child. Discretionary support for children in need under section 17 of the Children Act 19894, where the child is assessed to be in need. Financial support can be provided for a child in need/their family under section 17(6). So, this could be sought to provide support in relation to the costs of caring for a child and in relation to legal costs.
1. Will the kinship carer be assessed?
Yes.
Children’s services must assess a private foster carer and suitability checks must be done on everyone in the household over the age of 16.
2. Who has parental responsibility (PR)?
Mothers
Fathers on birth certificate or married to mother at time of birth
Fathers, stepfathers and stepmothers who acquired PR by formal agreement or via court order
Second female parents in specific circumstances - see details here
Anyone else who has PR via a court order.
3. Who can make decisions on behalf of the child?
Carer can make day to day decisions about child’s care Only those with PR can make important decisions. For example, about giving consent to medical treatment; the child leaving the UK.
4. Can the child be removed from the kinship carer?
Yes, by someone with parental responsibility.
5. Can the kinship carer take the child out of the UK?
Only with consent of all those with PR, or permission from court.
6. Can the kinship carer appoint a testamentary guardian?
Yes
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
Not applicable. There is no court order in place
8. Is the kinship carer entitled to practical and financial support from children’s services?
Parents remain financially responsible for the child. Discretionary support for children in need under section 17 of the Children Act 19894, where the child is assessed to be in need. Financial support can be provided for a child in need/their family under section 17(6). So, this could be sought to provide support in relation to the costs of caring for a child and in relation to legal costs.
1. Will the kinship carer be assessed?
Yes.
A child can be placed with the carer immediately on a temporary basis following basic checks. A full assessment must be done within 16 weeks of the child moving to their care. This can be extended for up to 8 weeks.
2. Who has parental responsibility (PR)?
Children’s services, which they can use to exclusion of others with PR if needed.
And: mothers
Fathers on birth certificate or married to mother at time of birth
Father or step father who acquired PR by formal agreement or via court order
Anyone else who has via a court order.
3. Who can make decisions on behalf of the child?
Carer can make day to day decisions about the child’s care in consultation with children’s services, but children’s services makes all important decisions about child in consultation with parents or carers
4. Can the child be removed from the kinship carer?
Yes, by the children’s services department who have the care order.
5. Can the kinship carer take the child out of the UK?
Only with consent of children’s services for up to one month, unless court gives leave
6. Can the kinship carer appoint a testamentary guardian?
Yes
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
An application can be made to discharge a care order. This brings it to an end. The child, a parent or carer with parental responsibility, and the local authority with the care order are all entitled to apply.
The person applying needs to demonstrate a significant change of circumstance since the order was made.
8. Is the kinship carer entitled to practical and financial support from children’s services?
Anyone who is approved as a kinship foster carer should receive a fostering allowance for the looked after child in their care. This applies equally to carers who have temporary approval and those who are fully approved. Kinship carers are entitled to be paid at the same rate as unrelated foster carers. 5 Other practical support equal to that provided to unrelated foster carers should be provided. See our Children in care under court orders and our Children in the care system under voluntary arrangements (section 20) page for more information about the duties children’s services have to looked after children.
1. Will the kinship carer be assessed?
Yes.
A child can be placed with the carer immediately on a temporary basis following basic checks. A full assessment must be done within 16 weeks of the child moving to their care. This can be extended for up to 8 weeks.
2. Who has parental responsibility (PR)?
Children’s services do not have PR when child is looked after under voluntary arrangement. This remains only with the parents or others with parental responsibility.
And: mothers
Fathers on birth certificate or married to mother at time of birth
Father or step father who acquired PR by formal agreement or via court order
Anyone else who has via a court order.
3. Who can make decisions on behalf of the child?
Carer can make day to day decisions about the child’s care in consultation with children’s services, but only those with PR can consent to medical treatment, leaving UK etc.
4. Can the child be removed from the kinship carer?
Yes, a child cannot be looked after in the care system under a voluntary arrangement if:
Someone with parental responsibility for the child objects and that person can
Provide the child with a place to live themselves, or can
Arrange a place for the child to stay.
There are exceptions: a) If someone who has a CAO or SGO for the child thinks the child should be (or continue to be) in a voluntary arrangement, or if b) The child is 16 or 17 and able to agree to remaining in the voluntary arrangement themselves.
If a parent (or carer) with parental responsibility is in a position to remove their child, no notice is required. No restrictions should put on the parent in relation to their right to remove their child.
5. Can the kinship carer take the child out of the UK?
Only with consent of all those with PR or permission from court
6. Can the kinship carer appoint a testamentary guardian?
Yes
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
Not applicable. There is no court order in place
8. Is the kinship carer entitled to practical and financial support from children’s services?
Anyone who is approved as a kinship foster carer should receive a fostering allowance for the looked after child in their care. This applies equally to carers who have temporary approval and those who are fully approved. Kinship carers are entitled to be paid at the same rate as unrelated foster carers. 5 Other practical support equal to that provided to unrelated foster carers should be provided. See our Children in care under court orders and our Children in the care system under voluntary arrangements (section 20) page for more information about the duties children’s services have to looked after children.
1. Will the kinship carer be assessed?
Yes.
The Family Court will direct either children’s services or Cafcass to prepare a ‘section 7 report’. Section 7 refers to section 7of the Children Act 1989. The report will deal with relevant matters relating to the welfare of the child.
2. Who has parental responsibility (PR)?
Person with a ‘lives with’ CAO or RO has PR;
And: mothers
Fathers on birth certificate or married to mother at time of birth
Father or step father who acquired PR by formal agreement or via court order
Anyone else who has via a court order.
3. Who can make decisions on behalf of the child?
Person with ’lives with’ CAO/RO can make decisions without having to consult others with PR (although should be for important decisions). There are some restrictions e.g.: name change, consent to adoption/ placement, change of religion.
4. Can the child be removed from the kinship carer?
No, unless the ’lives with’ CAO (or the RO) is revoked (ended). Or children’s services have an emergency protection order or (interim or final) care order
5. Can the kinship carer take the child out of the UK?
For up to one month, otherwise consent of all those with PR or permission from court required
6. Can the kinship carer appoint a testamentary guardian?
No
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
Yes. Parents and others with parental responsibility have a right to apply to revoke the order
8. Is the kinship carer entitled to practical and financial support from children’s services?
Parents remain financially responsible for the child. Children’s services may pay a means tested child arrangements order allowance, but they don’t have to.6 Some additional entitlements if the child was previously looked after, including priority school admission. Discretionary support for children in need under section 17, where the child is assessed to be in need.
1. Will the kinship carer be assessed?
Yes.
1. The Family Court cannot make a SGO without a report from children’s services confirming the prospective special guardian’s suitability.
2. A prospective special guardian must give three months’ notice to children’s services of their intention to apply for an order – to allow time for the assessment.
3. But where family court proceedings are already ongoing (e.g. care proceedings) the court has power to make an SGO without prospective special guardian giving that three months’ notice.
2. Who has parental responsibility (PR)?
Person with the SGO has PR, which they can use to exclusion of others with PR if needed.
And: mothers
Fathers on birth certificate or married to mother at time of birth
Father or step father who acquired PR by formal agreement or via court order
Anyone else who has via a court order.
3. Who can make decisions on behalf of the child?
The person with the SGO has the right to exercise PR to exclusion of anyone else with PR, but some restrictions e.g.: name change, consent to adoption or adoption placement, change of religion.
4. Can the child be removed from the kinship carer?
No, unless the SGO is revoked (ended) or children’s services have emergency protection order or (interim or final) care order
5. Can the kinship carer take the child out of the UK?
For up to three months, otherwise consent of all those with PR or permission from court required
6. Can the kinship carer appoint a testamentary guardian?
Yes
A testamentary guardian is someone who has been appointed to be a guardian for the child in the event of their parent or special guardian’s death. The testamentary guardian can only be appointed by a parent with parental responsibility, or a special guardian. This appointment would be set out in their will. The process for appointing a testamentary guardian and the rights which it provides the guardian are set out in section 5 of the Children Act 1989.
7. Can the order be revoked (ended)?
Yes. But parents need leave to apply to revoke the order. Parents would need to demonstrate a significant change of circumstances The making of a care order also discharges a special guardianship order.
8. Is the kinship carer entitled to practical and financial support from children’s services?
Children’s services must assess the need for support services, including financial help, only if a child was ‘looked after’ in the care system immediately prior to a special guardianship order being made.
In all other cases, undertaking an assessment of need for support services is discretionary.
Financial help is discretionary and the level of support is means tested. Guidance and case law says children’s services should have regard to how much fostering allowance would have been paid had the child been fostered. Some additional entitlements if the child was previously looked after. See our advice sheet 2e) Practical and financial support for special guardians.
Kinship care is when a child lives full-time, or most of the time, with a relative or friend who isn’t their parent, usually because their parents aren’t able to care for them for some reason. That relative or friend is called a ‘kinship carer’; and it’s estimated that around half of kinship carers are grandparents, however many other relatives including older siblings; aunts uncles; as well as family friends and neighbours, can also be kinship carers.
There are different types of kinship care; and if you’re a kinship carer, you might find that as circumstances change the type of kinship carer you are changes too. Kinship care includes children who may be:
Living in an informal arrangement made by their parents
‘Looked after’ by the local authority and placed with kinship foster carers (in care)
On a Child Arrangements Order or Special Guardianship Order.
Kinship carers are also often referred to as ‘family and friends’ carers’ or ‘connected people’ by Local Authorities and in official documents.
There are clear benefits to children if they’re kept within their family network. Research shows that children in kinship care benefit from increased placement stability when compared to children in local authority care and are able to maintain family relationships, if this is in the child’s best interests. Even so, many children who go to live with kinship carers have had a very difficult start in life, and their behaviour is often greatly affected by past experiences.
There are 6 types of kinship care however, kinship carers all have a similar role. The main difference are the legal orders.
Informal/Private arrangement – this is a private agreement with no social services involvement. Parent(s) ask a responsible adult to look after their child for up to 28 days. If the child is with you for more than 28 days, you must notify the local authority. This becomes a private fostering arrangement. Try to avoid this arrangement as it leaves both the child(ren) and you unsupported in the future both therapeutically and financially.
Emergency placement –Temporary approval for family foster carer can last for 16 to 24 weeks. You must request a full fostering assessment, which must be completed t within that time to allow the child to remain with you lawfully. Without this request, it may be deemed as a private arrangement, which as previously, can leave both the children and you unsupported in the future both therapeutically and financially. Child Arrangement Order (CAO)- is a legal order where the court decides either where a child will live or whom a child can spend time with and for how long., or both We’ll be talking about the first kind, which establishes whom the child will live with. A CAO order shares equal responsibility with the parent(s) and hold this until the child reaches 18. The CAO is often included within the documents when an SGO is awarded.
Kinship foster carer /Connected Persons Foster Care – this is where you are employed and paid by the local authority to care for the child. You are classed as a mainstream foster carer however you should receive the same payments, if not this is discrimination and should be challenged in writing. Your responsibilities are the same as a mainstream foster carer. It’s important to note the local authority have parental responsibility not the carer. The TSDS book the social worker will ask you to complete is different for connected persons.
Special Guardianship Order – is a court order awarded to a guardian until the child is 18, you have overriding parental responsibility above the parents however the parents still hold PR. Support and Financial support is discretionary and usually means-tested, each LA has their own guidelines.
Testamentary guardian – A legal guardian is an adult who is appointed through a will, to look after a child after the death of the child’s parent(s) or special guardians. The legal guardian has all the legal rights and responsibilities as that of a parent.
They are both caring for a child who is a member of their family. The key difference is the legislation and appropriate Court Order which is behind these two ways of ensuring that a child is cared for in their family.
Special Guardianship carers are assessed under the Special Guardianship Regulations 2005 and February 2016.
Connected Persons come under the Fostering Regulations and are also called Family and Friends Foster Carers.
A person who has a Child Arrangements Order
A person who the child has lived with for three out of the last five years. CHECK THIS
A person who has the agreement of the Local Authority erm no contested hearing
A person who has the agreement of all the people with parental responsibility for the child. ERM no contested hearing Local Authority foster carer or relative that the child has been living with for at least one year before the application is made. Remember you will need to give 3 months’ notice and so can be applied for at the 9 months marker.
Anyone who has the courts permission.
They will need to be 18 years old in order to apply for a Special Guardianship Order.
If a family member is applying for a Special Guardianship Order because they have a child in their care where there are no previous or current care proceedings in place, the notorious ‘private arrangement ‘will need to make an application through the Courts and notify the Local Authority in writing, again 3 months prior to making the application.
that they plan to apply to the Court for a Special Guardianship Order.
The Local Authority has an obligation to complete a report for the Court to help it to decide what order to make. However, sometimes this is done by an independent social worker who is not employed by the Local Authority.
The Court cannot make an order without this report.
You can find all the forms and information they will need to make an application at
https://www.gov.uk/government/publications/form-c13a-supplement-for-an-application-for-a-special-guardianship-order
Local Authorities are legally obliged to prepare a report for Court consistent with Special Guardianship Regulations 2005 updated in 2016. If they are unable to, for whatever reason, this should be completed by an independent social worker. The court regulations provide a structure of the key information that is required in the SGO report. Many Local Authorities have their own Special Guardianship report templates and tools to gather this information,
Below is a brief overview of the parts covered in the report
Part 1 – The Child’s information
Part 2 – The Birth Parents Information
Part 3- The Wishes and feelings
Part 4- The Prospective Carers information
Part 5 & 6 – Contains the Support and Statutory requirements
Part 7 & 8 – Addresses the key issues of SGO and any other orders that could be made
Part 9 – The Recommendation
Part 10 – Recommendation regarding contact.
If you decide to challenge a negative assessment you should write/email to the Local Authority within seven days and notify them of your intention to challenge the assessment. It would also be advisable to seek legal advice promptly upon receipt of your assessment.
An application would then need to be filed with the appropriate Court; confirming that you are seeking to challenge the negative assessment. This application should be accompanied by a short statement addressing the information in the assessment that it is felt has been wrongly recorded or is inaccurate. (We offer support with the process for a fee) This needs to be worded better not sure how much to charge.!!!!
Special Guardians obtain parental responsibility for a child which overrides the parents’ parental responsibility
They will be able to make most of the decisions about a child. However, a parent never loses their parental responsibility, but they cannot exercise this over and above the Special Guardian.
There are only three main things that a Special Guardian cannot do, they will need the permission of the Court or the parents in order to do the following:
They cannot change a child’s name
They cannot take a child out of the UK for more than 3 months at any one time.
They cannot give consent for the child to be adopted.
Financial support in the form of a Special Guardianship Allowance is discretionary and means-tested, although you will be able to claim Child Benefit and Child Tax Credit if applicable. Support is more likely to be provided if a child was previously classes as 'looked after' by the local authority. It is very important that you discuss this with the local authority and add this to your SGO Support Plan.
Regulation 6 sets out the circumstances in which financial support may be paid to a special guardian or prospective special guardian. These are: (a) where it is necessary to ensure that the special guardian or prospective special guardian can look after the child (b) where the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of illness, disability, emotional or behavioural difficulties or the consequences of past abuse or neglect
Is the child staying with you for more than 28 days?
No – no legal order is needed
Yes –If a child is placed with you for more than 28 days and may not be going home to parent(s) you will need to notify children services as it is a requirement of the law and possibly obtain the appropriate legal order. There are many reasons why a child may be living with you and depending on the length of stay or reason, you will have to choose a type of legal order that will best suit your specific circumstances.
Yes, there are court costs also but you can share this with parents who names appear of the child’s birth certificate or fund this yourself. You may also be able to claim Legal Aid, dependent upon your disposable income and any savings you hold or you are in receipt of universal credit and rent your property, have limited savings, you will need to speak to a solicitor that applies for legal aid. There is a legal aid calculator
This is usually when you are applying for an SGO. Your local authority can contribute to initial legal costs, usually for 2 hours. Regulation 6(2) and paragraph 40, the Special Guardianship Statutory Guidance states this is financial support Local Authorities may contribute if considered appropriate. It is discretionary financial assistance.
No, you can apply to the local court for the CAO papers and book a court day direct.
Yes, if the order is complicated or you feel you can’t do it on your own. If you want to fix the address of where the child lives, how often the child has contact with parents and any other agreement you wish to be mandated by law.
If the child is with you for a short time you could apply for a Child Arrangement Order this will give you equal Parental Responsibility until the child until the child is 18. This order is helpful if the child is going between homes and is not living with you long term.
If the child future is undetermined then you will need to consider different options either Special Guardianship Order of Kinship/Connected Persons family fostering.
Next steps: We Strongly Advise You to seek free legal advice. Some law firms will give you 30 minutes free advice if you ask. Ensure you choose a children’s law specialist and write down any questions you have so that you make the most of your free 30 minutes
Important note: If the child is already with you, you may not be accepted as a kinship/connected persons foster carer(s) as each local authority has their own rules. If this is the case, we strongly advise you to apply for and Special Guardianship Order with a suitable SGO Support Plan.
Emergency placement
You may receive a call from a social worker wanting to place a child with you and there may be no time to complete a fostering assessment and approval process. You may be approved as a temporary foster carer so the child can live with you.
Yes – Do not accept the child living with you unless you have received written email, letter, note on letter headed paper, request from the social worker as to place the child with you as a temporary family/connected person foster carer. Ask for the social workers contact details including email and mobile number
No. if the social worker wants to place the child with you and there isn’t time to complete a full fostering assessment and approval process before the child comes to live with you, they may assess you quickly as a temporary foster carer so the child can be placed with you immediately.
Temporary approval can last for 16 - 24 weeks. A full fostering assessment must also be carried out within that time period for the child to remain lawfully with you.
Important Note: If you do not receive an email or letter of request for emergency placement Children’s Services may not have any financial or other responsibility for, or involvement with, the child. It may be a deed as a private arrangement. Therefore, it is essential and your responsibility to make sure that you have a written request from the social worker clearly stating the terms of e emergency placement: child(rens) names;’ date placed; their contact information; the reason why the children are required to live with you and expected length of stay.
Next steps: We strongly advise you to seek free legal advice from a specialist in children’s issues. Some law firms will give you 30 minutes free advice if you ask Please make sure you write out your questions first so that you make the most of your free 30 minutes
Is anyone else such as a social worker or health visitor involved and concerned about the child’s welfare? If so, how will they provide care and support for the child? It is very important to issue a written request (either by email or a recorded delivery letter) to the social worker before the court order has been granted to ask about the prebirth antenatal care and any significant information such as drug or alcohol abuse, emotional, sexual or neglect the child may have experienced, or even a parent’s additional needs. This is called full disclosure and often will be avoided by children’s services. This information will have a big impact on the child’s emotional and physical wellbeing and will further impact on your lived experience.
Sometimes you might need a bit of a break. This might be possible if, for instance, the child(ren) can sometimes spend a day; a weekend or a short holiday with their parents or with another family member. Could the child(ren) take part in children’s activities such as Brownies or Scout camps that would be a way for you to have a break while they have fun with other children? There’s nothing wrong with needing respite and it might make all the difference to being able to carry on, however you should always try to put the child’s needs first. Respite works best if the child goes somewhere they want to be. As a general rule, please be aware respite is not offered to kinship carers
Be aware that that you may need more space as children get older, such as when they can no longer share a bedroom or need room to do homework. How might you get help with bigger accommodation if this is a problem?
Think about the ways in which caring for a child will affect the way you lead your life and any changes you will need to make. Do you have other caring responsibilities to fit in? Are you prepared to make any necessary sacrifices to your social life and outside interests? Consider who might be able to help you with any childcare you need and how you will find out about other important things, such as negotiating the education system
It is important to work out how you will be affected by any loss of income from employment and whether you will be eligible for any benefits or other financial support, which might help to cover any loss. Consider what it might cost to provide for any child you are caring for and whether you can manage this without financial help. It is important to be realistic when considering this element. Parents remain responsible for maintaining their children unless they have ‘looked after’ status, but very often kinship carers do not receive any financial support from parents. It is possible to apply for maintenance from the Child Support Agency
If the child is placed with you by the local authority, you should be entitled to receive a foster allowance. In other cases, you may be eligible for discretionary payments. If in any doubt about the status of the arrangement, you should seek legal advice or contact our advice team.
Yes. This type of financial support falls within Regulation 6(2)(a). This regulation which states a local authority may provide financial support where necessary to ensure the special guardian can raise the child. The local authority is permitted to (‘may’) disregard means where they are considering providing financial support in respect of a ‘settling-in grant’.
It is sensible to think about your age in relation to that of the child and any long-term plans. Think about your health and how you would manage if your health deteriorates. Will you be able to go on providing care for as long as it is needed? Are there others who will be able to help you or take over if necessary?
When fostering, then children’s services will have input and you as the foster carer should be asked for your thoughts and experiences. For other orders; you will have to think about arranging contact with the child’s parents? Can contact be informal, or will it need to be organised and supervised by someone? Where will it take place? Who will pay for travel and other expenses? (The birth parents pay any expenses relating to contact for both the child(ren) and themselves) How will any conflict be managed?
You should think about how your new role will affect your own and the child’s relationship with their parents, as well as with other family members. How will your own children feel about someone else joining the household? How will the child react to their grandparents taking on a parental role? While none of this is written in stone, it is important to understand that everyone’s responses can and frequently change over time
It will be helpful to try to think from the start about what support you will require to meet the child’s needs and where you might get this. Friends, neighbours and family can all be a great source of help; and there are support groups, networks and various information sources for kinship carers. There are services available to all children and to those with particular needs. Depending on the legal situation, you may be entitled to support from children’s services, or any help may be discretionary.
You must consider your own needs if you are going to do the best you can for the children. It’s important that you care for yourself and keep yourself fit and healthy emotionally, as well as physically.
You might have thought very carefully about becoming a kinship carer, or everything may have happened in a rush. You may have lots of complicated emotions such as feeling responsible, angry, or that you have no real choice but to help. None of these feelings are wrong, however if you are clear about why you are offering to help it will enable you to make better informed decisions. You can still say no if you have weighed it all up and feel this isn’t the right choice for either the child(ren) or you(r family) Only you know the right decision for you.
(Disclaimer/note we are not offering you legal advice; the above information is freely available)
(Please can you use a screen print of the links below as photos with the subject)
Special Guardianship Statuary Guidance
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656593/Special_guardianship_statutory_guidance.pdf
Forms to apply for a Special Guardianship
https://www.gov.uk/government/publications/form-c13a-supplement-for-an-application-for-a-special-guardianship-order
Adoption and Children Act 2002
https://www.legislation.gov.uk/ukpga/2002/38/section/115
Contact can take many forms, including:
Direct contact: face-to-face contact between child and non-resident parent.
Indirect contact: contact through letters, telephone calls, skype, zoom, and giving of presents, etc.
Supervised contact: a third party (usually a contact supervisor; social worker; or nominated family member or friend) is involved to monitor the contact between the other person and the child. Supervised contact happens in a contact centre or in a location agreed by all parties. If the contact requires supervision, it is best that the professionals manage the contacts
Unsupervised contact: the other person is able to see the child without the need for supervision.
Contact is for the benefit of the child and should be focussed on the child’s needs. It is not to meet the needs of the parent. Contact must always be considered as a whole: travel time; refreshments; activities and who is holding financial responsibility for the contact. As a carer, your only responsibility is to make the child available for contact. Clean and presentable is also recommended. Parents are financially responsible for any refreshments and activities scheduled during contact. If the social worker is suggesting travel of more than say 40 minutes you must consider how this impacts on the child, this should be based on any limitations faced by the child(ren); their understanding; their age. There may be some emotional dysregulation pre or post contact which you will be expected to manage. Keep good written records of the child’s behaviour especially around contact.
Legally speaking, contact is the right of the child and no one else, whatever relationship there may be. It is meant to benefit the child. In the absence of any court orders, however whilst on an Interim Care Order, the social worker will propose contact according to recommended guidelines; this can be 3x per week, even where there has been significant abuse. In the infamous private arrangement, the carer decides the type and level of contact.
There is no legal definition of reasonable contact, however contact should always be arranged in the best interests of the child. If the non-resident parent does not agree with the proposed contact arrangements they can:
Letter: Write a letter to the carer requesting an increase in contact or contact is reinstated or resumed between the non-resident parent and the child. The non-resident parent could make proposals for the carer to consider within this letter.
Mediation: the carer and the non-resident parent meet with an independent third party (‘the Mediator’) in an attempt to find an amicable solution to the contact issue. This may take several meetings and, be warned, besides the expense, any agreement reached within mediation is not legally binding. You will then have to engage with the court process for the agreement to become legally binding. The court prefer that all parties have attempted mediation, however this is waived if there has been domestic abuse.
Child Arrangements Order: If agreement cannot be reached, with contact still refused or restricted, as a last resort, the non-resident parent can apply to the Family Court for a Child Arrangements Order under section 8 Children Act 1989. Child Arrangements Orders, under the Children and Families Act 2014, should clearly state where a child is to reside and what form and frequency of contact they should have with the non resident parent or any other person named in the order. This is a legally binding order. The Court can operate a “no order principle” which means that they will not make an order unless it is absolutely necessary.
Kinship care is when a child (or children) lives full-time, or for the majority of the time, with a relative or friend who isn’t their parent, usually because their parents aren’t able to care for them for some reason. That relative or friend is called a ‘kinship carer’ and it’s estimated that around half of kinship carers are grandparents, however, many other relatives including older siblings; aunts uncles; as well as family friends and neighbours, can also be kinship carers.
There are different types of kinship care; and if you’re a kinship carer, you might find that as circumstances change the type of kinship carer you are, changes too. Kinship care includes children who may be:
Living in an informal arrangement made by their parents
‘Looked after’ by the local authority and placed with kinship foster carers (in care)
On a Child Arrangements Order or Special Guardianship Order.
Kinship carers are also often referred to as ‘family and friends’ carers’ or ‘connected people’ by Local Authorities and in official documents.
There are clear benefits to children if they remain within their family network. Research shows that children in kinship care benefit from increased placement stability when compared to children in local authority care and can maintain family relationships, if this is in the child’s best interests. Even so, many children who go to live with kinship carers have had a very difficult start in life, and their behaviour is often greatly affected by past experiences and can present difficulties for many years.
There are 6 types of kinship care however, kinship carers all have a similar role. The main difference are the legal orders.
Informal/Private arrangement – this is a private agreement with no social services involvement. Parent(s) ask a responsible adult to look after their child for up to 28 days. If the child is with you for more than 28 days, you, as the carer, must notify the local authority. This becomes a private fostering arrangement. Try to avoid this arrangement as it leaves both the child(ren) and you unsupported in the future both therapeutically and financially. If the local authority persist with this, formally request, in writing, that you are assessed as a connected persons carer.
Emergency placement –Temporary approval for family foster carer can last for 16 to 24 weeks. You must request a full fostering assessment, which must be completed within that time to allow the child to remain with you lawfully. Without this request, it may be deemed as a private arrangement, which as previously, can leave both the children and you unsupported in the future both therapeutically and financially. Avoid at all costs. Child Arrangement Order (CAO) is a legal order where the court decides either where a child will live or whom a child can spend time with and for how long, or both. We’ll be talking about the first kind, which establishes whom the child will live with. A CAO shares equal responsibility with the parent(s) until the child reaches 18. A CAO is often included within the documents when a SGO is awarded.
Kinship foster carer /Connected Persons Foster Care – this is where you are employed and paid by the local authority to care for the child. You are classed as a mainstream foster carer and you should receive the same fostering allowances and payments. If you do not, this is discrimination and should be challenged in writing. Your responsibilities are the same as a mainstream foster carer. It’s important to note the local authority have parental responsibility not the carer. The TSDS book the social worker will ask you to complete is different for connected persons.
Special Guardianship Order (SGO) – is a court order awarded to a guardian until the child is 18, you have overriding parental responsibility above the parents, however the parents still hold some PR. Support and Financial support is discretionary and usually means-tested, each LA has their own guidelines.
Testamentary guardian – A legal guardian is an adult who is appointed through a will, to look after a child after the death of the child’s parent(s) or Special Guardians. The legal guardian has all the legal rights and responsibilities as that of a parent.
The position is broadly that where both parents die without appointing a guardian for their minor children, then those bereaved children become the responsibility of the Court. Until the Court appoints a guardian, the children might be taken into care.
Where a guardian has been appointed, responsibility for the children’s care is able to pass immediately on the death of the last surviving parent to that guardian. The guardian is likely to be an who has previously agreed to act as guardian and who the child knows and trusts. https://pwdlaw.co.uk/guardianship-what-every-parent-needs-to-know/
A person who has a Child Arrangements Order or a Residence Order
A person who the child has lived with for three out of the last five years
A person who has the agreement of the Local Authority
A person who has the agreement of all the people with parental responsibility for the child
A non-related foster carer or relative that the child has been living with for one year before the application is made. You can give notice of your intention when the child has been living with you for 9 months
Anyone who has the courts permission
You will need to be 18 years old in order to apply for a Special Guardianship Order
A family member may apply for a Special Guardianship Order if they have had a child in their care where there are no previous or current care proceedings in place. The adult must notify the Local Authority in writing, 3 months prior to making the application that they plan to apply to the Court for a Special Guardianship Order.
The Local Authority has an obligation to complete a report for the court to help it to decide what order to make. However, sometimes this is done by an independent social worker who is not employed by the Local Authority.
The Court cannot make an order without this report
You can find all the forms and information they will need to make an application at;
https://www.gov.uk/government/publications/form-c13a-supplement-for-an-application-for-a-special-guardianship-order
Local Authorities are legally obliged to prepare a report for the court consistent with Special Guardianship Regulations 2005 updated in 2016. If they are unable to, for whatever reason, this should be completed by an independent social worker. The court regulations provide a structure of the key information that is required in the SGO report. Many Local Authorities have their own Special Guardianship report templates and tools to gather this information, however many use the Coram documents for ease.
Below is a brief overview of the parts covered in the report
Part 1 – The Child’s information
Part 2 – The Birth Parents Information
Part 3- The Wishes and feelings
Part 4- The Prospective Carers information
Part 5 & 6 – Contains the Support and Statutory requirements
Part 7 & 8 – Addresses the key issues of SGO and any other orders that could be made
Part 9 – The Recommendation
Part 10 – Recommendation regarding contact.
If you decide to challenge a negative assessment you should write/email to the Local Authority within seven days and notify them of your intention to challenge the assessment. It would also be advisable to seek legal advice promptly upon receipt of your assessment. It is recommended that you challenge any accuracies within the report as this will remain on the child’s file, which they can access at any point. An application would then need to be filed with the appropriate court, confirming that you are seeking to challenge the negative assessment. This application should be accompanied by a short statement addressing the information in the assessment that it is felt has been wrongly recorded or is inaccurate.
Special Guardians obtain parental responsibility for a child which overrides the parents’ parental responsibility
Carers will be able to make most of the decisions about a child. However, a parent never loses their parental responsibility, but they cannot exercise this over and above the Special Guardian.
There are only three main things that a Special Guardian cannot do, they will need the permission of the court or the parents in order to do the following:
They cannot change a child’s name
They cannot take a child out of the UK for more than 3 months at any one time.
They cannot give consent for the child to be adopted.
Financial support in the form of a Special Guardianship Allowance is discretionary and means-tested, although you will be able to claim Child Benefit and Child Tax Credit if applicable. Support is more likely to be provided if a child was previously classed as 'looked after' by the local authority. It is very important that you discuss this with the local authority and add this to your SGO Support Plan. Non means tested can be requested if agreed by the local authority.
Regulation 6 sets out the circumstances in which financial support may be paid to a special guardian or prospective special guardian. These are:
(a) where it is necessary to ensure that the special guardian or prospective special guardian can look after the child
(b) where the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of illness, disability, emotional or behavioural difficulties or the consequences of past abuse or neglect
If the child staying with you for more than 28 days?
No – no legal order is needed
Yes –If a child is placed with you for more than 28 days and may not be going home to parent(s) you will need to notify children services as it is a requirement of the law and possibly obtain the appropriate legal order. There are many reasons why a child may be living with you and depending on the length of stay or reason, you will have to choose a type of legal order that will best suit your specific circumstances.