Friends & Family Care Policy

The Family and Friends Policy applies to all children living in kinship (family and friends) arrangements regardless of their legal status. Family and friends carers (such as grandparents, aunts, uncles or an adult (s) who is not biologically linked but is connected to the child.) play a unique role in helping children and young people who are unable to live with their parents, to remain with people they know and trust. For some children this may mean they are “cared for” by the Council whilst living within a kinship carer. This policy sets out how South Tyneside Council supports family and friends carers and the children they care for.

South Tyneside Council has a duty to safeguard and promote the welfare of all children and young people living in the Borough who are in need. The Council is committed to supporting parents and carers to enable children to be brought up within their own family network where it is safe to do so.

Research would suggest that children who live within family and friends care frequently enjoy more positive outcomes when compared to similar children in foster care. Consequently, we want to help children who cannot live with their parents to stay with family and friends and the Council typically only considers alternative care arrangements when there is no other satisfactory way of promoting the welfare of children and young people or of protecting them from harm.

Family and friends often start to care for children as a short-term arrangement, but these can become open-ended or even permanent. Such changes in family circumstances can present challenges for both the child and the carer. South Tyneside is committed to ensuring a comprehensive range of support is in place which enables family and friends to provide appropriate care for the child or young person which reflects their individual circumstances and needs.

The Council can become formally involved in family and friends care arrangements for a number of reasons, for example:

• It has a legal duty to provide support if the child is assessed as a child in need.
• If the Council has agreed that the child needs to become “cared for” either by remaining with family members or a connected person (s) or being “placed” with a foster carer employed by the council or Independent Fostering Agency.
• The Council has applied to the Court for a legal order which has been granted, giving the Council parental responsibility.

In all cases, the primary consideration in determining support will be the needs of the child and we will take into account children's wishes and feelings in all relevant processes. Details of the eligibility criteria needed to qualify for support are set out later in this Policy document.

The majority of family and friends carers act informally, with the agreement of the parent, but there are a number of different legal options which family and friends carers can consider to secure care arrangements formally. The advice of a social worker or a solicitor may be helpful when deciding which option is most applicable to your circumstances. The options are set out in detail at Appendix A, and a summary of these is set out below:

“Informal Family Care”

The majority of family and friends carers act informally with the agreement of a parent. These arrangements typically involve a close relative or friend choosing to take on the care of the child or young person. The Council will not have been involved in the arrangement and the child is not in care.

Private fostering

This is a private arrangement where a child under 16 (or under 18 if disabled) is cared for by someone who does not have parental responsibility and who is not a close relative, for 28 days or more. This takes place with the agreement of their parent.

Family, friends and Connected Foster Care

Under Section 20 of the Children Act 1989 the Council has a duty to provide accommodation for any child in need within South Tyneside as a result of:

1. there being no person with parental responsibility for the child;
2. the child having been lost or abandoned; or
3. the person who has been caring for the child being prevented (whether or not permanently, and for whatever reason) from providing the child with suitable accommodation or care.

Children or young people who are provided with accommodation by the Council are referred to as “Children who are cared for”. The child or young person can be cared for on a voluntary basis where there is consent from the parents (Section 20). Where parents do not agree to the care arrangement, but the Local Authority still believes it is in the child’s best interests to be cared for outside of their parent(s) care, the Authority may apply to the court for a legal order so that the child can become cared for.

When providing accommodation to a child who is cared for, the Council will where appropriate, consult with both the child and the wider family and consider whether it is in the child’s best interest to be placed into the care of family, friends or another connected person who has a pre-existing relationship with the child.

Children who are cared for can be placed into the care of a family member or friend, provided a viability assessment concludes that this would be safe, viable and in the child’s best interests (the assessment determines whether the living arrangements are suitable for the child and are defined in the Fostering Regulations). In these circumstances the family or friend can be temporarily approved under Regulation 24 of the Care Planning, Placement and Case Review Regulations.

as a Kinship foster carer for a 16 week period and in exceptional circumstances, this may be extended for a further 8 weeks. During this period, the family/friend/connected person(s) providing Kinship Foster Care will be paid a Fostering Allowance for the child identical to that received by qualified Foster Carers.

Temporary Kinship Foster Carers must still be formally assessed, to determine their longer term suitability. The assessment process will involve a number of visits to complete the assessment and will also involve undertaking background checks, medical histories etc. It should be noted that temporary approval does not mean that the Kinship Carer is formally approved as a short term Foster Carer, as fully qualified Foster Carers must pass an enhanced assessment process which commits them to ongoing training and ensures they keep detailed records about the children they are caring for. Short term approval is also achieved by attendance at fostering panel after the assessment has been completed and the Agency Decision Maker endorsing the panel’s recommendation with regards to this.

There might be situations whereby the viability assessment identifies that the prospective kinship carer cannot be temporarily approved as a foster carer under Regulation 24 having considered key areas as set out in Schedule 4 of the Care Planning, Placement and Case Review Regulations. However, it might be concluded that the care arrangement is still in the child’s best interests. Consideration will need to be given to the options available to the Council in such circumstances.

Carers who fail to meet the fostering standards and or cannot be approved as short term foster carers can no longer be paid a fostering allowance. In these circumstances, the carer, the child’s parents and the allocated social worker will work to establish whether it is appropriate for the child to remain with the carer and agree a long term care plan for the child. If it is subsequently concluded that it is still appropriate for the child to remain with the carer, this will need oversight from the Agency Decision Maker.

Decision making regarding longer term plans will be based on what is in the child’s best interests. In circumstances where fostering allowance can no longer be paid the Council may consider offering transitional financial support until care proceedings are concluded and carers can claim the appropriate state benefits. Once proceedings are concluded, financial support may be available dependant of the child’s circumstances – please see the sections on financially supporting child arrangement and Special Guardianship Orders.

Child Arrangements Orders (previously known as Residence Orders) and Special Guardianship Orders

Relatives, friends or other connected persons providing care to a child might wish to make the arrangement long term in order to provide permanence for the child. In these cases, carers may make an application for a Child Arrangement Order or a Special Guardianship Order. Applications for a Child Arrangement Order or a Special Guardianship Order can be made privately or with the support of the Council if the child is Cared for. When a carer assumes parental responsibility via the granting of a legal order for a child in such circumstances, he or she is no longer deemed ”Cared for”.

Carers with a Child Arrangement Order share parental responsibility with the child’s mother and the father (if he has parental responsibility) enabling the carer to determine issues such as where the child’s lives and giving them responsibility for day-to-day decision making regarding the child’s welfare. Carers with a Special Guardianship Order, also share parental responsibility with the child’s birth parents, however, Special Guardians have enhanced parental responsibility enabling them to have more control over decision making in relation to the child.

South Tyneside provides a wide range of information and support for people caring for children and young people in the Borough; information and advice on health, education and parenting issues is available via Children Centres who can also help with childcare. The Council may also provide additional support to families with disabled children and children who have Special Educational Needs, for example by assisting with home to school travel or assisting with respite care. To help ensure services appropriately address children’s needs, these specialist services are only accessible via a formal assessment process.

The aim of this Policy is to act as a ‘signpost’ on available services further detailed information on services is set-out in Appendix B. The majority of these services are usually available to everyone caring for a child irrespective of whether the child is “Cared for” by the Council and carers are encouraged to seek to avail themselves of support as and when needed.

Services that are available to everyone regardless of need are known as universal services. The Family Information Service (FIS) can provide advice on childcare arrangements they also are responsible for the Councils Children’s Centres who can signpost to advice about benefits etc. The Council also has a team to assist with School Admissions, an Early Help Team for families experiencing anti-social behaviour or education difficulties. Finally, teachers, health visitors or general practitioners can also direct carers towards help and support.

The Councils Family Information Service can be contacted via the following email link:

FIS@southtyneside.gov.uk

The Council also recognises that, in order to provide safe and effective care, family and friends carers may need additional specialist support. If care arrangements are in danger of breaking down or the child has additional needs, examples of advice and support include: mediation and counselling services helping children maintain family time with parents, other relatives or important adults, therapeutic support; CYPS (Child and Young People’s Services) support as required.

It is important to note that where parental responsibility is shared, then parents retain responsibility for financially supporting their children, typically carers can claim child benefits, child tax credits and additional working tax credits where appropriate. Carers should seek advice and support from Welfare Rights and the Money Advice Service to ensure they are claiming all the financial support they may be entitled to.

Finally, the Council acknowledges that carers who take on the care of a child may face unexpected financial struggles and that there may be exceptional circumstances when friends and family carers might need some additional financial support. Further details on when the Council might financially assist carers are set out later in this Policy, but it is important to note that there is not an automatic entitlement to financial help from the Council.

Family Group Conferences/Family Network Meetings

A family group conference is an approach to planning and decision-making which builds on the strengths, skills and experience of the wider family as well as professionals. South Tyneside uses family group conferences to help find solutions to difficulties a family might face in bringing up and caring for children. Examples of when a conference or family network meeting could be used include issues with family relationships, family time, children’s behavioural difficulties and school attendance. Involvement will ultimately be determined by the family itself but may include those family members caring for the child and extended family, friends, neighbours and community members if they are considered to be part of a child's "family". This service can be accessed by contacting Children’s Social Care.

Family Time

Family time between a child and their parents must be supported and promoted unless this is deemed not to be in the child’s best interests. It is recognised that the management of family time can be challenging for family and friends carers.

The Council is committed to providing support to carers in managing family time arrangements which may include practical support. The Council expect most families to make their own family time arrangements, however the Council may provide assistance which would form part of the agreed care plan for the children. In the majority of cases this support would be transitional in assisting families in developing arrangements that they are able to sustain. However, after a Special Guardianship Order or Child Arrangement Order has been granted, assistance and support in this area can be actively sought by seeking advice and guidance from professionals who might already be working with the child and their kinship carer(s) or by contacting the Connected Carers Team (0191 4238500).

For children living with family and friends carers under a legal order that was granted within private law proceedings or it is an informal family arrangement, the organisation of family time is a matter for the family to manage. However, advice and support can still be accessed from the Council. Where a child is Cared for and placed with a family and friends carer, the person caring for the child will be expected to comply with the family time plan that is agreed between the Local Authority, the parents and the multi-agency team involved with the child.

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

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

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

Section 17 Children Act 1989 / Family Support Payments

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

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

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

For example, a Carer may need financial help for a short period whilst they are applying for benefits, similarly, a Carer assuming responsibility for a baby or young child who was previously Cared for, may need some initial help to purchase equipment such as bedding, furniture, pushchair etc. In these circumstances, if an assessment indicates a carer does not have the resources to purchase this equipment themselves, they may receive a one-off ‘settling in grant’ to assist them.

Requests for payments which exceed £35 must be accompanied by an assessment by the Social Worker, which will:

• outline the needs of the child.
• the resources currently available to the carer, how the child’s needs will be addressed and what the funds will be used for.
• Completed assessments linked to one-off grants over £250 and requests for any ongoing financial support will be considered by the Council’s Allowance Panel.

Each case and family circumstance will be unique, but whenever ongoing financial payments are being considered under Section 17, these must be accompanied by an assessment of the child’s needs.

Ongoing Section 17 / payments will usually be offered on a short term basis to enable carers to make adjustments and to apply for the appropriate benefits. It is anticipated that payments will not be paid beyond an initial 6 week period, with all payments being continually monitored. Ongoing ‘Section 17’ Payments will not exceed £85 per week, this corresponds with the sums families typically receive in Child Tax Credits and Child Benefits.

Wherever the Council agrees to offer a sum over £250 or any on-going financial support, a clear written agreement will be drawn up so all parties understand what is being provided, why and the duration of the agreement.

Kinship Foster Care – Financial Support

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

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

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

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

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

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

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

Child Arrangement Order Allowances (previously known as Residence Orders Allowances)

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

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

The majority of carers will be entitled to Child Benefits and carers are also expected to claim any other benefits and tax credits they may be entitled to when they assume parental responsibility for a child. Based on current levels of child benefits and child tax credits, a carer assuming responsibility for a single child could receive benefits and tax credits amounting to around £85 per week depending on their circumstances. Carers who work may also be entitled to additional working tax credits and extra to help fund any childcare costs, but these will depend upon the family income and working hours.

The Council’s Welfare Rights Service is available to assist carers in making appropriate benefit claims. All children who are being secured in the care of a kinship carer under a Child Arrangement and were a child who was cared for prior to permanence being achieved in line with this order, will be entitled to a formal assessment to determine if a child’s needs warrant additional financial help.

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

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

Situations where additional financial help could be considered include:

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

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

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

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

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

Special Guardianship Orders (SGO)

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

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

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

Carers in receipt of benefits can typically receive benefits and tax credits amounting to around £85 per week. Carers who work but receive lower wages may receive similar sums and may also be entitled to additional working tax credits. The Council’s Welfare Rights Service will assist carers in making appropriate benefit claims so that carers have a clear idea on the level of support available to them at the point they agree to assume responsibility for a child.

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

Situations where an SGO allowance may be considered include:

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

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

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

• Be clearly set-out in the child’s support plan so that all parties are clear about what is being provided, why and the duration of the support.
• Typically, unless the child has a significant long term condition, it is expected that payments will be for a transitional period of no more than 2 years in order to meet any needs arising from the child’s move into the household.
• In order to abide by Special Guardianship Regulations, all payments and associated plans will be reviewed on an annual basis (or sooner if the circumstances warrant) so that the Council can determine whether the payment remains necessary in order to support the child. In light of these Regulations the Council is typically unable to give any long term guarantee around payments.

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

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

Adoption Allowances

The Adoption Support Services Regulations 2005 stipulate that financial support can be paid to an adoptive parent for the purpose of “supporting a placement or the continuation of adoption arrangements after an adoption is made”. These ongoing payments are referred to as an adoption allowance. South Tyneside has an Adoption Support Policy which outlines the circumstances when an adoption allowance can be paid.

Legal Costs

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

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

Where the Local Authority has completed a Special Guardianship Assessment to inform permanence planning and concludes that it would be in the child’s best interests to be secured in the care of a kinship carer, the Council will provide financial assistance to the carer (a limit of £350) for a legal consultation with an independent solicitor for a maximum of 2 hours.

Access to Support

Once a Special Guardianship or Adoption Order has been granted, kinship carers living in South Tyneside are entitled to request a revised Assessment at any time up until the child reaches the age of 18, if they feel additional support is needed.

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

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

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

As detailed above, when determining whether a child needs warrant additional financial help, a detailed assessment of the child and the carer’s circumstances will be carried out. In considering the needs of the child, factors that will be taken into account include:

• The nature of any identified needs and whether these are being met by existing Health or other Local Authority provision
• The costs of providing for the child’s assessed needs
• The resources (including financial resources) available to the carer
• Any recommendations made by Panel
• The financial needs and resources of the child

The assessment will involve the completion of a detailed financial assessment, the carer will be required to provide supporting evidence so that income (assessed as if the child were placed without the payment of financial support) can be compared with a family’s outgoings to determine what (if any) disposable income is available to the carer to address the child’s needs.

When determining whether additional support is necessary, it is again emphasised that it is not the role of the Council to maintain carers incomes and that in assuming responsibility for a child entails a degree of commitment and responsibility.

Details of the assessment process are set out below, but typically additional financial support can only be considered if it the Allowance Panel agree that meeting a child’s needs cannot be met from the resources available to the family.

Income

All income must be declared and documentation to support the declarations must be provided as follows:

• Net wages or salaries from an employer (for both partners in the case of couples) before any contributions to a company pension scheme.
• When providing monthly salary or weekly wage an average should be taken, (3 months’ salary or 8 weeks for weekly wages). Figures should include overtime and any other regular earnings.
• Proof of income in the form of the most recent payslips will also be required.

Carers who are self-employed must forward an Inland Revenue Approved Statement of Drawings for the previous tax year alongside any application. A statement of expected drawings for the current year may also be asked for, in order to assess current income for the year if it is expected to be substantially different from the previous year, or if a full year’s Inland Revenue statement is not available.

Benefits, Allowances & Pensions

Carers must declare details of all benefits and allowances they receive, including all state and private pensions (including those paid for disabilities), Disability Living Allowance (DLA)/Personal Independence Payment (PIP), Housing Benefit, Sickness Benefit and any Child Benefits and Child Tax Credits linked to child(ren) already in the household.

Monies received under a Maintenance or Separation Order, or from the Child Support Agency are also classed as income under the assessment and will be included in the income calculations.

Households in receipt of DLA / PIP must declare this as income, however, if these funds are not used to contribute towards general household expenses but instead address a specific need on the part of the carer, details of these costs should be listed in the spending section of the assessment.

Savings and investments

Carers with savings, investments or other assets (including property) valued in excess of £25,001 must declare these, similarly, income from lodgers, tenants, sub-tenants, or rental income must also be declared.

Financial resources associated with the child

Any financial support offered by the Council must compliment and not duplicate support available to parents from the tax and benefits systems.

Carers are expected to claim child benefits and child tax credits. Similarly, carers with children with a disability should apply for a DLA/PIP and where appropriate to apply for a Carers Allowance.

In some circumstances, the Council may make Section 17 support payments for a period of 8 weeks, to assist carers whilst they claim benefits and tax credits and the application is processed.

This is automatically provided in circumstances where a kinship carer is granted a Special Guardianship or Child Arrangement Order and the child was cared for immediately prior to the making of the order. Because the carer cannot make an application for child related benefits in this circumstance until the order is granted and the child is therefore no longer cared for, a transitional allowance of £85 per week per child will be paid in lieu of benefits. This will ensure financial provision is in place in order to meet the child’s needs whilst the application for child related benefits is processed and entitlements are in place.

It should be noted that any carer who fails to declare the receipt of these benefits may have the allowance suspended until appropriate evidence is provided.

Whilst any lump sum payment or Trust Fund held in the child’s name must be declared, along with any regular payment received in respect of the child, these will not affect allowance payments.

Spending and outgoings

In order to determine what (if any) surplus income a family may have available to meet a child’s needs, details of all spending by carers should be recorded on the assessment, costs should include:

• Monthly Mortgage / Rental costs
• Council Tax – most Councils charge monthly for ten months only, so if a monthly figure is given, it will be multiplied by ten to give an annual figure. If a rebate is given, the net figure must be declared.
• Other Utility Bills (Gas & Electric)
• Water Charges
• Mobile Phone Costs
• TV / Internet Costs
• Transport expenses (including car payments, petrol etc.)
• Food costs
• Clothing
• Details of any family activities
• Details of any insurance
• Details of any loans, HP agreements etc.
• Any commitments under a Court Order include such things as payments made under a Separation or Maintenance Order.

In addition, to the above details of any other regular expenses not covered in the classifications but which the carer is already committed, or which are related to the placement, should also be declared. Examples include costs associated with a carer’s disability and therapies, contact costs associated with the child.

Kinship carers who assume and maintain care of sibling group do not automatically qualify for financial support but, in order to keep siblings together, the Allowance Panel may agree financial support to facilitate the care arrangement of the group. It is expected that the support offered in these circumstances will be short term and will normally be necessary for no more than 2 years in order to ease the strains families may experience introducing sibling groups into the household. Carers must demonstrate that each of the children in the sibling group has an additional exceptional need in order for any payment to be continued beyond the transitional period.

As Section 7 of the SGO Regulations makes clear, “Financial support cannot normally include the payment of remuneration to the special guardian or prospective special guardian for care of the child”.

However, where a mainstream foster carer formally takes on parental responsibility (via an Adoption, SGO or a Child Arrangement Order), South Tyneside may consider offering some remuneration to the carer in lieu of the loss of a fostering fee for a transitional period of up to two years after the order has been granted.

The Local Authority may extend the transitional period if it is satisfied that it is appropriate to continue support because of the exceptional needs of the child or any other appropriate circumstances.

It should be noted that the above only applies to the fee element paid to suitably qualified carers, as outlined previously, the primary consideration in determining whether any ongoing child allowance payments are necessary will be the needs of the child.

Given the uniqueness of each case, offers of support will be tailored to a family’s situation and may in certain circumstances include the provision of leaving care support, all support offers will be clearly set out by the Local Authority prior to the order being made. Former foster carers cannot retrospectively seek support.

Consideration of financial remuneration in this situation is also subject to the same assessment as detailed in Section 6.

All proposed ongoing payments of financial support will need approval of the Allowance Panel, as detailed above.

Decisions made by the Allowance Panel including details of any the proposed payments, along with any conditions Panel feels are appropriate, will be sent to carers within 14 working days of panel meetings taking place. Where it has been agreed to support a Special Guardian or proposed Special Guardian, details of the support will also be set-out in the Support Plan, which will include details of:

• the services to be provided
• the objectives and criteria for evaluating success
• time-scales for provision
• procedures for review
• the name of the person nominated to monitor the provision of services in accordance with the plan.

The intention of the above is to ensure all parties are clear what is being provided and why.

Carers who do not agree with Panel outcomes have 28 days to formally respond. Further details of the appeal process are set-out in Section 10, however decisions will also be re-established by offers of financial support will typically be reviewed on an annual basis, but if circumstances change, for example if the child leaves home or if the household finances change because the carer has a new job, carers must notify the Council of the change immediately. Failure to promptly notify the Council of any change in circumstances could result in any overpaid allowances being recouped.

As part of the annual review process, carers by be requested to complete new assessment forms in order to determine whether the “need” the allowance is addressing is still in place and whether it is being adequately managed. It is at this point the Council might approach families for receipts or documentation to ensure funds are being used in accordance with any defined conditions.

Payment of the allowance will be suspended or may cease if:

• requested documents aren’t returned
• the defined ‘need’ is no longer deemed to be in place
• changes in your financial situation mean that you no longer meet the criteria for payment of an allowance.

As previously stated carers are free to request a new Assessment of Need at any point but generally entitlement to any allowance will cease once a child reaches 18 years of age.

Questions relating to this guidance or the filling out of the Assessment forms, should be directed to the social work team or a duty worker at Contact and Referral who will be happy to assist you. CRT can be contacted on:

0191 424 5010 or via email: ISIT-referrals@southtyneside.gov.uk

Carers will be formally notified of the outcome of all assessments and will have a period of 28 days to consider Allowance Panel decisions and make any appropriate representations to the Council should they wish to appeal. Appeals will be adjudicated independently of the Allowance Panel process and should be made in writing. All appeals will be considered within 28 days of receipt and families formally notified of outcomes.

In the interests of fairness and to ensure families are not unduly penalised, where an appeal results in a panel decision being overturned, payments to carers will be backdated to the date of the original decision cease or reduce payments.

Any complaints can be directed to:

Complaints and Feedback Manager
Level 0, Broughton Road
Town Hall & Civic Officers
Westoe Road
South Shields
NE33 2RL

Tel: 0191 424 4679
Email: complaints@southtyneside.gov.uk

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