Fostering Service Friends Families Care Policy · 2020-01-30 · Friends Families Care Policy. 2 Contents 1. Values and Principles 2. Placement Options and legal framework 3. Supporting

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Fostering ServiceFriends & Families Care Policy

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Contents

1. Values and Principles

2. Placement Options and legal framework

3. Supporting Contact

4. Family Group Conferences

5. Permanence

6. Complaints and Compliments

7. Contacts

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1. Values and PrinciplesThe following values and principles underpin our policy for family and friends Care:-

• Children are enabled to live within their families unless this is not consistent with their welfare

• Support provided to children placed with family and friends carer should be based on and tailored to the needs of the child, in addition to their legal status.

• Family and friends carers will be encouraged to ensure that children do not become looked after or remain longer than is needed.

• Permanence should be sought for all children to facilitate emotional, physical and legal security and also to give a child continuity, commitment and identity.

• Children’s wishes and feelings should be taken into account fully in all processes including assessments, planning and decisions.

Within Wigan there is a specialist team specifically employed to assess and support family and friends carers who may be Reg 24 carers, foster carers or special guardians. The team comprises a Principal Manager one full time Practice Manager, 2 Advanced Practitioners, 4 Full Time Equivalent social workers and two support workers. This team undertakes viability assessments, full carer assessments and offers a duty system of support within office hours to carers. This team is known as the FFAST team – Friends and Family Assessment and Support Team. A finance officer is linked to this team.

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2. Placement Options and legal framework2.1 Informal family care of the child by a relative.

The child is not a looked after child:

Parental responsibility remains with birth parents but the ‘relative’ (as defined in 2.1 above) who cares for the child may do what is reasonable to safeguard or promote the child’s welfare. There is no entitlement to support services but the Local Authority can assess the child to identify need and provide services and support based on assessed need under Section 17 of the Children Act 1989.

2.2 Care of a child by a person(s) who is not a relative.

Private fostering

This is a private arrangement between the parent and the carer where the child is being cared for over a period of 28 days or longer by a person(s) who is not a close relative. The child is not a looked after child.

The carer arrangements are assessed by the Local Authority and monitored.

The relevant legislation is set out in Part 9 of and Schedule 8 to, the Children’s Act 1989. This was further strengthened by measures in Section 44 of the Children Act 2004.

Parental responsibility remains with the birth parents.

In Wigan responsibility for private fostering lies within the locality teams.

2.3 Regulation 24 friends and family carers

Where a child is looked after by the local authority, we have a responsibility wherever possible to make arrangements for the child to live with a member of the family who is approved as a foster carer (Section 22 of the Children Act 1989). However the child can be placed with family members or connected persons prior to such approval, subject to an assessment of the placement, for up to 16 weeks, known as a Regulation 24 placement.

This is immediate temporary approval of a family or friend who is significantly connected to the child requiring care. An example of when a reg 24 approval is required could be when a situation arises and a child needs to be looked after to safeguard their welfare. The priority might be to place this child with a family member or connected person. The placement must be approved by The Agency Decision Maker, (ADM) who is a nominated service manager. The ADM signs off and approves the status of the placement upon receipt of the viability assessment. This reg 24 status lasts for 16 weeks although an extension of up to 8 weeks can be requested in exceptional circumstances. During this period weekly visits must take place up to the child’s first CLA review and monthly thereafter to inform the assessment.

Carers who are approved under Regulation 24 do not have parental responsibility for the children they care for. This is shared by the local authority and the parents whilst the child is subject to an Interim Care Order or a Care Order. If, however, the child is accommodated under Section 20 of the Children Act 1989, the parent retains parental responsibility.

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2.4 Family and Friends foster carers.

The child must be a looked after child, this would normally be via an Interim Care Order or a Care Order following Care Proceedings. In exceptional circumstances the child may be accommodated voluntarily under Section 20, Children’s Act 1989.

The family and friends foster carers must be approved in accordance with Fostering Regulations. When an immediate placement is made the carers must be approved under Regulation 24 of the Care Planning Regulations 2010. A full assessment will then be completed within 16 weeks and this will be considered by fostering panel, if this in line with the care plan for the child. Carers will be subject to a minimum of an annual review of arrangements for care of the child.

In the event that carers are approved of fostering panel the fostering panel will make a recommendation as to whether or not the carers meet fostering standards and the final decision is made by the ADM. The first annual review following approval is considered by the fostering panel and the final decision is made by the ADM. Subsequent annual reviews are presented to an annual review panel and the final decision again, is made by the ADM.

When carers are initially approved an information pack is provided to the carers which includes an approval letter, information about allowances, training, compliments and complaints and the foster carer agreement.

The National Minimum Standards for fostering services are issued by the Secretary of State under section 23 of the Care Standards Act (2000). The standards are issued for use by Ofsted, who take them into account in the inspection of fostering services. They will also be important in other ways. The standards may be used by providers and staff in self-assessment of their services; they provide a basis for the induction and training of staff and carers; they can be used by parents, children and young people as a guide to what they should expect a fostering service to provide and to do as a minimum; and they can provide guidance on what is required when setting up a fostering service.

The National Minimum Standards, together with Regulations relevant to the placement of children in foster care such as the Fostering Services (England) Regulations 2011 (the 2011 Regulations), form the basis of the regulatory framework under the Care Standards Act (2000) for the conduct of fostering services.

The FFAST team is responsible for ensuring that statutory requirements are fulfilled. It is our policy to visit family and friends carers a minimum of once every two months. There is also a statutory requirement to complete at least one unannounced visit per year.

Social workers ensure that carers have all the essential equipment to meet each child’s needs.

There is a “Statement of Purpose for the Fostering Service” which is a Policy and Procedural Document endorsed by the Council. The Fostering Services (England) Regulations 2011 states that the fostering service provider must compile a written statement in relation to the fostering service (“the statement of purpose”) which consists of—

(a) a statement of the aims and objectives of the fostering service, and

(b) a statement as to the services and facilities (including any parent and child arrangements) provided by the fostering service.

There is a clear expectation that family and friends foster carers access all mandatory training as part of their approval status. This training is clearly outlined in the foster care agreement. Carers must also access training relevant to the children they care for and they will be supported to undertake such training by Wigan’s fostering training co-ordinator.

The Local Authority has shared parental responsibility with parents when the child is subject to an Interim Care Order or a Care Order.

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2.5 Child Arrangement Orders

Private Applications

A connected person may choose to make an application for a Child Arrangement Order (CAO). This could be where there may be a dispute as regards the child’s day to day arrangements. A further example is where a child ordinarily resides with a connected person and that person wishes to seek responsibility for that child’s welfare/circumstances.

Public Law Applications

Where a child is subject to an interim care order the local authority may recommend that a child arrangement order is made to a connected person in order to safeguard their welfare at conclusion of care proceedings.

A Child Arrangement Order may state who a child should live with and deal with other specific issues. Such an order expires when the young person reaches the age of 18. Child Arrangement Orders are made by the Court under Section 8, Children’s Act 1989.

Parental responsibility is shared by the holder of the Child Arrangement Order and the parents.

2.6 Special Guardianship Orders

Special Guardianship gives the carer primary parental responsibility for all aspects of caring for the child and making decisions to do with their upbringing. The Adoption and Children’s Act 2002 provides the legal framework for special guardianship under the Children’s Act 1989. The Special Guardianship Regulations 2005 were implemented in December 2005. This legislation is supported by the “Special Guardianship Statutory Guidance” produced by the Department of Education and Skills.

An update review of special guardianship arrangements was completed by the DfE in February 2016.

Proposed special guardians are assessed using Wigan’s assessment of carers template. This assessment takes into account the child’s needs and the ability of the carer or carers to meet those needs. Wigan Council is mindful of the need to fully explore the details of the existing relationship between the carer and the child and ensure that it is a meaningful link. Quality assessments are provided in a timely way to the court where children are subject to interim care orders. Such assessments are provided by the specially designated FFAST team and the support plans take into account the assessment of the carers and the needs of the child. The finance officer employed within the FFAST team is asked to complete a financial assessment using the DfE means testing tool to calculate special guardianship allowances. There is currently a draft SGO financial policy being submitted to DMT to seek approval for it to be implemented.

Parental responsibility is shared with the parents, although the special guardian has enhanced PR and only has to consult with birth parents about decisions to do with the child’s upbringing in exceptional circumstances. These circumstances include:

a. Changing the child’s surname b. Removing the child from the UK for more than 3 months c. Giving consent to the child being placed for adoption.

Under the legislation the Local Authority must ensure that a support plan is in place in respect of children subject to such orders. Wigan Council provide support to special guardians, children subject to such orders and parents. This support includes mediation, advice, visits, referrals to other agencies, access to training etc. Please refer to Wigan Council’s SGO support service document.

Similar to Child Arrangement Orders, applications for special guardianship orders can be sought privately or within public law care proceedings.

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3. Supporting ContactFor children who are not living with their parents, contact with them and their immediate family is generally a positive experience, and also helps them to maintain a sense of identity and belonging.

However managing contact can be a source of conflict and anxiety for some family and friends carers and special guardians. It can place emotional and practical strains on families.

Families must be supported to promote contact in terms of what is deemed to be in the child’s best interests. If the child is looked after the contact arrangements will be outlined in the child’ care plan and be addressed within CLA reviews.

Children who are subject to special guardianship orders will have contact arrangements recommended at the time when the order was made and they will be recorded within their individual support plans. The FFAST team is able to offer mediation and general advice and support in respect of contact to special guardians, birth parents and the young people concerned at times when this is required. Contact can be in the form of direct or indirect contact.

4. Family Group ConferencesFamily Group Conferences are expected to have been held when safeguarding concerns have become apparent for children who reside with their parents. Such conferences enable the local authority to identify support from friends, family and connected persons. They might also identify alternative potential carers for children where it is not safe for them to remain with their parents.

The Family Group Conference and mediation service within Wigan can be used as an effective way of supporting families in addressing any barriers in areas such as contact and communication.

A Family Group Conference should be considered at an early stage. The requirements of the Public Law Outline (PLO) state that a family group conference must be considered prior to the initiation of Care Proceedings.

In Wigan family group conferences are provided in house and referrals can be made using the electronic link on Liquid Logic. The current manager of this service is Dianne Gore.

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5. PermanenceIt is the policy of the Council to promote the best form of permanence for all children, whether this be within their own family or through adoption, special guardianship, child arrangement orders or long term fostering.

In principle it is believed that children develop and reach maximum outcomes better when they have the optimum, most secure and appropriate permanent family relationship.

The FFAST team is available to offer advice on how to achieve the best form of permanence for a child, or to signpost a carer regarding how this can be achieved.

When a young person is approaching the age of 16 years the local authority will consider whether a threshold remains regarding the need for that young person to continue to be looked after. The threshold relates to that young person being at risk of suffering significant harm if the local authority does not retain parental responsibility for that person.

The young person concerned will be relevant and eligible for support from the Transition and Learning Care Team. Within placement the issue of whether or not a young person has a requirement for the local authority to be their corporate parent must be considered.

If the Local Authority discharges the care order the local authority will honour the maintenance element of the fostering allowance pro rata until the young person reaches the age of 18.

Wigan Council operates a fortnightly permanence panel chaired by the corporate parenting service manager. The attendees at panel include the principal manager of the FFAST team, practice manager of the FFAST team, a legal representative, a principal manager from the locality child care team and the finance officer. The panel sits to consider permanence plans for long term foster care, to consider special guardianship assessments of carers for children within care proceedings, to consider assessments of friends and family carers who wish to become special guardians, to consider assessments of recruited foster carers who wish to become special guardians.

6. Complaints and ComplimentsThe Fostering Service Statement of Purpose referred to earlier provides detailed guidance on how family and friends foster carers can complain if they are unhappy with the service. Equally, formal compliments can also be recorded through this guidance.

If any other complaints or compliments are made in respect of the service they can be made both formally and informally with the relevant manager.

Within children’s services there is a social care complaints link officer, currently Claire Farrell who receives formal complaints via [email protected]. Carers may contact her if they have concerns in relation to how Children’s Services have exercised any of their social care functions.

General enquiry [email protected] 01942 487200

Janette Clarke Principal Manager FFAST [email protected] 01942 487200

Debbie Needham Corporate Parenting Service Manager [email protected] 01942 487200

7. Contacts