Education and Child Matters

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I am a Litigant In Person

Kinship Care

 

WHAT IS KINSHIP CARE?

Kinship care is when a child under 18 years of age lives with the following individual(s) mentioned below because their birth parents or any person with parental responsibility are unable to look after them.

  1. A relative (grandparents, step parents, siblings, aunts and uncles)
  2. Extended family (great aunts and cousins) 
  3. A close family friend
  4. Godparents

WHAT IS ANOTHER NAME FOR KINSHIP CARE?

Kinship care is also referred to as:

  1. Friends and family care.
  2. Friends and family foster care

HOW CAN KINSHIP CARE COME ABOUT?

There are two ways kinship care can be implemented:

  1. By private arrangement between the parents or the person with parental responsibility of the child and the kinship carer. If this is the case there is no obligation to inform local authority child services.
  2. With the involvement of local authority child services where they have placed the vulnerable child in kinship care themselves.

DOES A KINSHIP CARER GET PARENTAL RESPONSIBILITY FOR THE CHILD?

The kinship carer will not have parental responsibility for the child. They can only make general day to day decisions for the child. 

The parental responsibility will remain with the parents and/or the individual9s) who have parental responsibility.

WHAT DOES THE KINSHIP CARER HAVE TO DO TO GET PARENTAL RESPONSIBILITY  FOR A CHILD?

There are 3 ways a kinship carer can get parental responsibility for a child they are looking after:

1. Apply for adoption

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION

LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHID ADOPTION 

2. Apply for special guardianship

LINK TO OUR L.I.P HELP GUIDE FOR SPECIAL GUARDIANSHIP

3. Apply for a child arrangements order.

LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENTS & PROCEEDINGS

Parental responsibility will allow a kinship carer to apply for a passport for a child, make decisions about the child’s schooling, medical treatment and look after the child’s finances.

WHAT IS THE ROLE OF LOCAL AUTHORITY CHILD SERVICES WHEN THEY PLACE A CHILD IN KINSHIP CARE?

Under regulation 24 of the care planning, placement and case review (England) regulations 2010 if local authority child services places a child in kinship care they must assess the carer as a foster carer. 

LINK TO GOVERNMENT WEBSITE FOR REGULATION 24 OF THE CARE PLANNING, PLACEMENT AND CASE REVIEW (ENGLAND) REGULATIONS 2010

If child services places a child with a kinship carer with immediate effect, they can make a quick temporary assessment of the carer. After this, child services will do a full assessment within 4 – 6 months (depending upon the circumstances) of the child living with the kinship carer. 

The assessments are carried out by a child services social worker. They must conduct these assessments under fostering regulations 2011 and fostering services: national minimum standards. The assessment will evaluate the following aspects of the kinship carer first:

1. Whether the kinship carer has any criminal convictions

2. If they are married or single

3. The status of their health 

4. Do they have any disabilities?

5. Is the accommodation provided suitable for the child?

6. Checks on any other individual over 18 living in the residence.

7. Ask for any character references 

Once the above assessment is done, child services will conduct a second assessment. At this assessment they will evaluate the following aspects of the kinship carer:

1. The religion and ethnicity of the kinship carer

2. The income and financial status

3. Have they cared for any children before

4. The general personality of the kinship carer. 

Child services will write a report on the findings. A copy of this report will be sent to the kinship carer and the local authority foster panel. The foster panel will make one of the following decisions:

1. They could  ask for more information or clarification on something.

2. They could approve the kinship care

3. They could approve the kinship care but add conditions

4. They could refuse the kinship care. 

If the kinship carer is approved they will be given support from child services. The social worker will visit the kinship carer and child at regular intervals. 

Reasons why child services could refuse a kinship care placement are:

  1. If the kinship carer or anyone living in their residence has been convicted of assault, violence or rape
  2. If the kinship carer or anyone living in their residence has been convicted of child abuse and child neglect

The kinship carer cannot question a refusal on grounds 1 & 2.

3. The accommodation the kinship carer is providing is not adequate.

4. The kinship carer has a disability or health issues.

 The kinship carer can question the refusal on grounds 3 and 4 above or similar grounds.

WILL THE LOCAL AUTHORITY OFFER ANY HELP TO THE KINSHIP CARER

If the child the kinship carer is looking after is a looked after child (a child in care of the local authority) then the kinship carer will receive full fostering allowance whether the kinship care is temporary or long term. They may also provide help with education costs, support and help with contact between parents and child.  

The kinship carer may be able to claim child benefit and other benefits. They should talk to the social worker and the parents about this.

Under section 17 of the children act 1989 if the kinship care is arranged privately then the kinship carer may be able to get some financial or other help from the local authority

LINK TO GOVERNMENT WEBSITE FOR SECTION 17 OF THE CHILDREN ACT 1989

WHO IS LEGALLY FINANCIALLY RESPONSIBLE FOR THE CHILD? 

The parents of the child or the individual with parental responsibility are financially responsible for the costs of the child. 

For more information please click on the following website

LINK TO WEBSITE FOR KINSHIP

LINK TO WEBSITE FOR FAMILY RIGHTS GROUP