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Contents

1.	Introduction and Background
	1.1	Introduction
	1.2	Research
2.	Values and Principles of this Policy
3.	Statutory Framework
4.	Definitions of Family and Friends Care
	4.1	Private Care Arrangements with Family and Friends
	4.2	Public Care Arrangements with Family and Friends
	4.3	Residence Orders and Special Guardianship Orders
5.	Policy Statement - Family and Friends/Connected Persons Foster Care
6.	Research References
	Appendix 1: Overview of Family and Friends Care Policy - Flowchart

1. Introduction and Background

1.1 Introduction   

"Kinship care is the full time care, nurturing and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child. This definition is designed to be inclusive and respectful of cultural values and ties of affection. It allows a child to grow to adulthood in a family environment." Child Welfare League of America

” A child living away from the parental home with a relative or friend with the knowledge of the social services department who would otherwise be with stranger foster carers, in residential care, independent living or adopted. The kinship placement is either initiated by the social services department or via a relative or friend and involves some sort of assistance or arrangement, including making decisions about legal orders, financial and social work support.” Joseph Rowntree Foundation 2001

Thus, family and friends (‘kinship’) care encompasses a range of private and public arrangements provided by relatives or friends on a temporary or permanent basis, dependent on the child’s circumstances.

There are many ways in which Children’s Social Care Services may be involved in making and supporting an arrangement for children to live within the family and friends network other than those coming within the formal category of ‘family and friends’ (now referred to as ‘Connected Persons) foster placements. Whilst families may make their own arrangements, it is also possible in some circumstances for a private arrangement to be facilitated by the local authority which may or may not trigger the Private Fostering Regulations, dependent on the relationship between the carer and the child.  

However, arrangements made by the local authority for a child to live with a family or friends carer after a Section 20 duty to accommodate a child has arisen must comply with the Care Planning, Placement and Case Review (England) Regulations 2010. Similarly, where a similar care arrangement is provided to a child subject to a Care Order, the same regulations apply. The required procedure is set out in the Placements with Connected Persons Procedure.

1.2 Research

Evidence from research suggests that some of the benefits for children of being cared for by family or friends are that it:

• Enables children to live with people they know and trust;
• Reduces the trauma of separation that can be experienced if children have to live with strangers;
• Reinforces a  sense of identity and self-esteem, which comes from children knowing their family history and culture;
• Helps children to maintain contact with their parents, brothers and sisters and other family members;
• Encourages families to consider and rely on their own family members as resources;
• Gives children the opportunity to stay linked to their own communities and promotes a sense of family community responsibility;
• Strengthens the ability of families to give children the support they need;
• Is culturally relevant.

Overall, research tends to support the view that family and friends care can be a positive choice for children and families and has tended towards good outcomes. Some studies indicate that children in friends and family placements do better across all outcomes and others that they do at least as well as children placed outside their families. In a review of research, Hunt (2001) concluded that whilst it cannot be said conclusively that children in family and friends care do better than those in non-related care, the weight of evidence is broadly positive; there is little evidence that they do worse, and some studies indicate that they do better. These positive outcomes are often achieved despite rather than because of adequate levels of support, which raises the question as to whether outcomes improve further with appropriate services.

A study funded by the Department for Education and Skills which compared the outcomes for children placed in friends and family placements and those placed in non-relative placements found that: ‘In most cases family and friends provided excellent care of the children’ (Farmer and Moyers 2005). Farmer and Moyers identified positive outcomes for children on the dimensions of attachment and family relationships, placement stability, continuity of experience, maintenance of relationships, safety, quality of care and child well-being. However, in the final report of the study, published in 2008, they highlight their findings that whilst family and friends commitment to children was higher than in unrelated foster care, they were more likely to be struggling to cope and were offered less support. They conclude that:

“Kinship care occupies an uneasy position on the boundary between the public and private spheres of caring and this leads to a situation where some kin carers struggle to care for needy children with low levels of support and financial help.  The introduction of special guardianship appears to offer both opportunities and risks.  Local authorities committed to enabling practice with kin carers may use it well.  However, it could also be used to restrict services for kin carers.”     

Care within the extended family is normal practice in many communities where parents are unable to care for their children. When placing black and ethnic minority children, identifying possible carers from amongst family or friends is an especially important consideration. Farmer and Moyers found that whilst significantly more black and ethnic minority children were placed with non-related carers than with family and friends carers, those placed with family and friends were significantly more likely to be in ethnically matched placements.     

Young people were asked their views on kinship/care in ‘Kith and Friends and family foster carers; Kinship care for vulnerable people’. Many of them expressed the view that they felt a sense of ‘emotional permanence’ and that they felt safe and secure living within their extended family as a result of the family love they received.     

It is against this background that these policies and procedures have been developed, aiming to provide guidance both as to the type of arrangement which best supports the needs of the child and the route by which this may be achieved within the local authority’s statutory duties to Children in Need.

2. Values and Principles of this Policy

2.1

The child's welfare is paramount. If a child cannot live with his/her birth parents, care by friends and family carers is the placement of first consideration in assessing how best to meet the needs of the child; Every child has the right to have the opportunity to develop secure attachments to carers who are capable of providing safe, effective and loving care for the duration of his/her childhood, in order to thrive and achieve the best possible life chances; For most children, the greatest prospect for security and meeting their emotional, physical, social, cultural, and linguistic needs will be for them to remain with, or return to live with their birth parent/s; Families are usually best placed to find their own solutions and to make safe plans for children within the family; intervention from the local authority will be kept to the minimum needed to safeguard the welfare of the child and to secure permanence. Services will be provided in partnership with parents and will seek to enhance rather than substitute the family’s capacity to care for their child; This is a complex area of work involving skills, knowledge and expertise of a range of professionals within and outside Children’s Social Care Services. Multi-professional and cross team engagement are essential to effective planning and will be embraced from the outset whenever Children’s Social Care Services are called upon to intervene in children’s lives.

3. Statutory Framework

3.1	Section 17 Children Act 1989 stipulates that the local authority has a duty to: - Promote the welfare of children in need in their area; So far as it is consistent with that duty, to promote the upbringing of such children by their families by providing a range of services appropriate to these children's needs.”
3.2	Sections 23 (1) Children Act 1989 places a duty on any local authority looking after a child to provide accommodation for him/her and to maintain him in other respects apart from providing accommodation.
3.3	Section 23 (6) Children Act 1989 requires a local authority to make arrangements for a child it is looking after to live with a member of their family, unless to do so would be impractical or inconsistent with the child’s welfare.  Further emphasis on the importance of family links is found in the requirements that a child be accommodated near their family home (Section 23(7)(b)) and that siblings be accommodated together as long as this is practicable and consistent with each child’s welfare (Section 23(7)(b)). The local authority must also give consideration to the child’s religious persuasion, racial origins and cultural and linguistic background (Section 22(5)).
3.4	Family and friends care arrangements can take place under the following sections of the Children Act 1989 and the Adoption and Children Act 2002: - Provision of accommodation through agreement with persons holding Parental Responsibility (Section 20, Children Act 1989); Provision of accommodation under an Care Order (interim or full) (Sections 38 or 31, Children Act 1989); Arrangements to live with a person for whom a Residence Order has been granted (Section 8, Children Act 1989); Provision of advice and support, including financial support to relatives caring for a child (Section 17, Children Act 1989); Arrangements to live with a person for whom a Special Guardianship Order has been granted (Section 14, Children Act 1989 and Special Guardianship Regulations 2005). (Section 115 of Adoption and Children Act 2002 inserted these provisions into the Children Act 1989); Adoptions by step parents or other relatives and friends; Private fostering (Sections 66 to 70, Children Act 1989; The Children (Private Arrangements for Fostering) Regulations 2005; National Minimum Standards for Private Fostering 2005).
3.5	The Framework for the Assessment of Children in Need and their Families emphasises the importance of children remaining within their families. The assessment guidance advocates that in drawing up a plan of intervention, decision making should take into account how existing good relationships and experiences can be nurtured and enhanced, and how the necessary resources can be mobilised within the child's family network and within professional agencies and social services. Therefore, in all cases where Children’s Social Care Services provide support (financial or otherwise) to family and friends care arrangements, they will do so within a defined care plan following an assessment of need.
3.6	The ‘right to respect for private and family life’ is protected under Article 8 of the European Convention on Human Rights, which has been incorporated into English law by virtue of the Human Rights Act 1998; it is reflected in this policy and procedure.
3.7	The activities of both foster carers and fostering services are governed by the Fostering Services Regulations 2011 and Standard 30 of the National Minimum Standards for Fostering Services (2011), which highlight the important role that friends and family foster carers have.

4. Definitions of Family and Friends Care

Family and friends care arrangements can be divided into public and private care:

4.1	Private Care Arrangements with Family and Friends    For the purposes of this policy and procedure private family and friends care arrangements relate to:
	a.	Children placed by those with Parental Responsibility on their own initiative with a relative, without the assistance and support of the local authority. The CA 1989 defines relatives as: Grandparent; Aunt/uncle; Sibling; Step-parent. (If the relative does not fall within this definition, the arrangement will be private fostering – see 4.2 below)
	b.	Arrangements made by a young person of 16+ who is living with a relative of their own volition.
	c.	Children placed with relatives or friends who have been granted a Residence Order (full or interim)
	d.	Children placed with relatives or friends who have been granted a Special Guardianship Order
	e.	Children who have been adopted by the partner of their birth parent (step-parent adoption)
	f.	Children who are adopted by a relative
	A child or young person living in private family and friends care arrangements and his/her carers have the same entitlement to an assessment of need under Section 17, Children Act 1989 as any other child and family in the area. NB Those subject to special guardianship or certain adoption arrangements will be entitled to assessment for support – see Special Guardianship Procedure and Adoption Support Procedure.
4.2	Public Care Arrangements with Family and Friends    For the purposes of this policy and procedure, public family and  friends care arrangements relate to:
	a.	Children placed by parents or those with Parental Responsibility with friends or relatives who are outside the Children Act 1989 definition of relative for a period of more than 28 days. In these circumstances the placement is within the definition of a private fostering arrangement - see Private Fostering Procedure for details.
	b.	Children who are living in family and friends care arrangements under a private arrangement and who subsequently become Looked After: Subject to an Emergency Protection Order; Subject to an Interim Care Order; Subject to a Care Order; Having become Accommodated under Section 20, Children Act 1989.
	c.	Children becoming Looked After in an emergency and/or placed with a relative or friend who is not approved as a foster carer, which triggers in all such cases an immediate placement with a Connected Person under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010 – see Placements with Connected Persons Procedure.
	d.	Children who are Looked After and placed with relatives or friends approved through Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010  as part of a planned placement, either interim or more usually part of a permanent placement - see Placements with Connected Persons Procedure.
	e.	Children who have been placed by those with Parental Responsibility with a relative or friend where there is a degree of involvement by Children’s Social Care in the placement, including: Where an assessment of need results in financial and practical support under Section 17, Children Act 1989; Where a decision is made subsequent to the placement through a Threshold of Care Panel that the child should be formally looked after under Section 20 Children Act 1989 and therefore Fostering Regulations at b) and c) above will apply NB: It should not be necessary for a child to become looked after solely in order for financial assistance to be provided - looked after status must be agreed only where this can be demonstrated as the only means of securing the child’s welfare and as a means of securing permanence - see Children in Care Policy Statement and Family and Friends Arrangements for Children in Care.
	In most, but not in all circumstances the child or young person will have had a significant prior relationship with the person(s) offering family and friends care where the assessment of need indicates that the child cannot live with his/her parents. However, where there is no pre-existing relationship, the assessment of the child and the assessment of the prospective carer(s) must address this fact and the impact on each party.      Family and friends care arrangements coming within the scope of the policy and procedure will therefore have been initiated, facilitated or supported by Peterborough City Council Children’s Social Care within the range of statutory guidance and regulation which apply.
4.3	Residence and Special Guardianship Orders      In circumstances where relatives or friends caring for a child are considering doing so on a long term or permanent basis, the optimum way of offering the child legal security would be for his/her carers to apply for a Residence Order or Special Guardianship Order, both of which would confer Parental Responsibility on the carer(s) with differing degrees of permanence and would settle the arrangements of where the child will live. In such circumstances, the relative/friend should be advised of the possibility of applying for an order. See: Residence Orders and Residence Order Allowances Procedure Special Guardianship Order Procedure

5. Policy Statement - Family and Friends/Connected Persons Foster Care

5.1	This policy and procedure applies to all Peterborough children who have been deemed in need of becoming Looked After and are placed with family, friends and connected persons carers who are assessed and approved to become foster carers. They are also applicable when consideration is being given to placing a child already accommodated or subject of an Interim Care Order or full Care Order with a relative or friend/(Connected Person).
5.2	Whenever the need for care or accommodation is being considered, either planned or unplanned, the possibility of a placement with family or friends/Connected Persons must be fully explored before other forms of placement are considered.
5.3	The status of accommodation under Section 20 will only be agreed when private family and friends arrangements have been considered and deemed not to be possible or consistent with the child’s welfare.
5.4	A clear distinction should be made between a placement under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010and the use of Section 17 to support or facilitate families to make private family and friends care arrangements without the need for a direct intervention from Children’s Social Care or for the additional legal protection that formal care status can provide.
5.5	Children’s Social Care will be proactive in ensuring that children who are admitted to local authority care are placed with family or friends/Connected Persons as foster carers so long as it is consistent with their welfare. Additionally through statutory Child Care Reviews the possibility of children being placed with family members/Connected Persons as soon as possible will be actively considered as a means of achieving permanence for the child.
5.6	Recognising that families have the capacity to change, the circumstances of families of children for whom permanence has not been achieved will be kept under review to ascertain whether they may be able to provide care which previously had not been possible.
5.7	Family members/Connected Persons should not be approved as foster carers solely for reasons of income maintenance. In some exceptional circumstances, the department may make payments under Section 17 to support a private family and friends care arrangement where a decision has been made following assessment that a duty to accommodate under Section 20 Children Act 1989 does not apply. Essentially this means that a decision may be made to endorse a private arrangement and provide financial support where necessary for a private family and friends  arrangement in which the carer would ordinarily seek financial assistance of the person with Parental Responsibility. It is likely that such arrangements will be used to meet a short term need for care or as an interim step to the family member or friend  carer obtaining a Residence Order or Special Guardianship Order by agreement with the parent. In summary therefore local authority accommodation for children in family and friends care should only be considered when less formal arrangements are not appropriate or do not meet the child's needs.
5.8	It is anticipated that proposals to place children with family or friends carers must be the result of careful planning, based upon a Core Assessment undertaken within Assessment Framework. However, it is recognised that in some circumstances it will be in the child’s best interests to place them more rapidly. In these situations immediate placement with a Connected Person can be made for up to 16 weeks under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010 .– see Placements with Connected Persons Procedure.
5.9	The power to place a Child in Care immediately with a relative or friend is to be used in exceptional circumstances only; it should not be used as a way of becoming looked after when alternative or contingency plans could have been made. This power may be used where such planning has not been possible and it would be clearly advantageous to a child to be placed with or to remain in the care of a familiar figure in reassuring surroundings.
5.10	If children are already looked after and are unable to return to parental care within a timescale appropriate to their needs, Children’s Social Care will give active consideration to whether a child's needs may best be met through their permanent placement with a family and friends/Connected Persons carer. A child should not remain looked after for any longer than necessary to secure their welfare and therefore relatives offering permanence will be assessed to provide permanence for the child outside the care system, unless care status is deemed to be the only way of securing the child’s welfare. Such relatives will be supported to apply for special guardianship, residence or other orders as may be appropriate.
5.11	In all cases where Children’s Social Care promotes a public family and  friends care arrangement within a plan for the child, full consideration will be given to the support needs of the carer(s). Assessments will take into account the needs of the child, the qualities and circumstances of the carer and wherever possible how services can be provided to bridge any gaps to meet the immediate and long term needs of the child as may be appropriate to the plan. The degree to which support is required will inform decisions about which care status is most appropriate in the long term.

6. Research References   

• Farmer and Moyers ( 2005) (and final report due to be published 2008): Children Placed with Relatives and Friends: Placement Patterns and Outcomes;
• Kith and Kin – Kinship Care for vulnerable young people, Bob Broad, Ruth Hayes and Christine Rushworth, National Children’s Bureau and Joseph Rowntree Foundation, 2001;
• Hunt J: Family and Friends Carers – Scoping paper for Department of Health, October 2001.     

Appendix 1: Overview of Family and Friends Care Policy - Flowchart

Click here to view Flowchart

End