FAMILY AND FRIENDS / KINSHIP CARE
69. Children can be placed in the care of extended
family members or others connected to the family both within and
outside the care system. In the care system, placements with relatives
or friends account for 11% of all placements.[150]
In these cases the carer may be an approved foster carer, and
the local authority has obligations to support them accordingly.
Care Matters noted that there is variation across the
country in the extent to which family and friends placements are
used. It proposed to put in place a "gateway approach"
to ensure that this type of placement is considered as an option
at every stage of decision-making. Reforms to care proceedings
through the Public Law Outline, introduced in April 2008, have
also increased the profile of kinship care as an option for children.
Kim Bromley-Derry, Vice President of the Association of Directors
of Children's Services, told us that this "will improve the
level of consistency in its consideration".[151]
70. While the prospect of an expansion in family
and friends care was generally welcomed by those who gave us evidence,
there was concern that local authorities might turn to it as a
"cheap option" rather than necessarily the best option
for the child, because of the lower levels of support offered
to family and friends carers in many places.[152]
Some local authorities continue to pay lower allowances to kinship
carers than to other foster carers, and other forms of support
such as an allocated social worker may also be lacking.[153]
Authorities that have made less use of kinship placements in the
past will have to develop specialist services and support to manage
an increase in this type of placement; family and friends care
is in many ways a task distinct from mainstream foster care, and
the motivations and circumstances of carers may be quite different.[154]
71. Outside the care system, however, it is estimated
that between 200,000 and 300,000 children may be cared for by
family or friends; many of these arrangements start on a short-term
basis to avoid the need to take the child into care.[155]
Children are very much
in favour of a greater emphasis on investigating the possibilities
for family and friends care before they are taken into the care
system.[156] While
the needs and circumstances of a child in these cases may be identical
to those of children within the system, the support on offer to
carers is usually very much less if it exists at all.[157]
This can even occur in cases where the arrangement has been made
at the behest of children's services.[158]
Caroline Little, Co-Chair of the Association
of Lawyers for Children, told us that children's solicitors spend
a great deal of time "fighting" within the court system
to obtain the appropriate support for someone within the family
who is willing to care for the child but is financially unable,
or lacking suitable housing.[159]
There is a risk that informal
arrangements intended to forestall the need for care, if not adequately
supported, may break down and result in the child going into care
after all.[160] We
were interested to hear of Hampshire County Council's provision
of means-tested allowances for kinship placements outside the
care system, and we would like to see similar examples of practice
surveyed to inform national policy.
72. The Care Matters White Paper announced
"a new framework" for family and friends care. It acknowledged
that current arrangements for financial and practical support
are "not sufficiently robust", and it set out the Government's
intention to ensure that all local authorities have transparent
policies in relation to the support they offer to family and friends
carers.[161] Robert
Tapsfield and David Holmes, Chief Executive of the British Association
for Adoption and Fostering (BAAF), were not convinced that the
Government's stated proposals amounted to the promised "new
framework", rather than a platform for "developing local
practice", and the Family Rights Group expressed concern
about the lack of detail.[162]
Robert Tapsfield suggested that kinship carers should have a right
to be assessed for the services they may need, similar to that
introduced by the Adoption and Children Act 2002 for adoptive
parents.[163] The idea
of a specified entitlement to funding and services also had a
measure of support.[164]
73. We are pleased to note the prominence being
given in Care Matters and in the Public Law Outline to
family and friends care as an option of first resort. An increase
in these placements will be neither possible nor desirable, however,
without more consistent and equitable services and support for
family and friends carers. The specifications of support for foster
carers recommended elsewhere in this Report should include these
carers, taking into account the distinctive task and context of
family and friends care.
74. We recommend that the Government's promised
new framework for family and friends care take full account of
the very many children who are supported in this way outside the
legal boundaries of the care system, while having needs comparable
to those within it. We ask the Government to give careful consideration
to ways in which those carers and children might be supported
more thoroughly and consistently, including through the benefits
system, without bringing children formally into care solely as
a trigger for support.
DELEGATING DECISIONS TO FOSTER CARERS
75. A foster carer described to us the experience
of children being fostered: "This isn't family life, it's
parenting by committee, and the young people resent us for it.
If we're going to be foster families, we have to be able to function
as families."[165]
Dr Roger Morgan, Children's Rights Director for England,[166]
picked out as one of the issues that children would like to have
a stronger emphasis in Care Matters, "the principle
of trying to provide as normal a family-type experience as possible
for children in care".[167]
Normalising the experience of children growing up in care is particularly
important because children feel so acutely the stigma of being
singled out as different in any way.[168]
76. We heard evidence that a highly bureaucratic
and risk-averse culture is denying children opportunities that
others take for granted and fails to replicate good parenting.[169]
There was, among the evidence we received, a great deal of support
for the idea of normalising children's experience of life in care
as much as possible by increasing the capacity of foster carers
to make everyday decisions about a child's care.[170]
Foster carers themselves feel that, having gone through stringent
approval processes and often having undertaken extensive training,
they should be able to exercise a greater degree of responsibility
for a child's care rather than having to wait for day-to-day decisions
to be made by managers who may not even have met the child.[171]
These decisions can include purchasing clothes or other items,
signing school consent forms for activities or trips, taking a
child for a haircut, obtaining a passport, or giving permission
for a child's photograph to appear in a newspaper. It is not always
cleareven to social workerswhere responsibility
for different types of decisions lies.[172]
77. Care Matters does set out the principle
that "children should, as far as possible, be granted the
same permissions to take part in normal and acceptable age-appropriate
activities as would reasonably be granted by the parents of their
peers, and we would expect carers to behave as any other parent
would in such situations."[173]
The Fostering Services Regulations stipulate that approval for
school trips or overnight stays should be explicitly addressed
in the foster placement agreement.[174]
The Parliamentary Under-Secretary of State for Children, Young
People and Families, the Baroness Morgan of Drefelin, told us:
[
]it is essential that foster carers are
clear about what is and is not delegated to them and what their
roles and responsibilities are [
] That is why we will be
looking at amending the fostering service regulations to ensure
that there is a review of the foster placement agreement at least
annually, or sooner if there is a substantive change in the circumstances
of the placement.[175]
The Fostering Network told us, however, that foster
placement agreements are "far from universal", and when
one does exist it often will not give any clear guidance on how
to deal with the specific issues such as school trips.[176]
Robert Tapsfield explained the importance of explicit government
guidance on these issues:
The Government could issue guidance to push local
authorities to delegate more authority to foster carers. A few
years ago, foster carers could not agree to overnight stays and
it was terrible. The Government said, 'We don't need to issue
guidance; it's perfectly possible for local authorities to agree
to this.' But many local authorities did not do so. In the end,
the Government did issue guidance, which solved the problem almost
at a stroke, because local authorities then followed the guidance
and were happy to delegate, unless there were reasons why they
should not. So clear guidance from the Government about delegating
authority would make it easier for local authorities to get over
some of their natural risk-averseness, which they have at the
moment, and would make it more difficult for them to hold blanket
decision-making at local authority level.[177]
78. Several witnesses made the point that delegation
to carers is dependent on context, specifically the skills and
experience of the carer, and the nature of the placement.[178]
Long-term placements in particular could be strengthened by greater
delegation; the Fostering Network told us it is "wrongheaded"
to require a carer who has known a child for five years or more
to get permission from social services to enable them to participate
in activities at school.[179]
However, if a child is changing placements regularly, managers
are entitled to feel less confident in delegating. Pauline Newman,
Director of Children's Services at Manchester City Council, reasoned
that, "you can imagine the scenario when we get this wrong:
we let them go, and they are abused."[180]
The ideal solution is to have a good understanding between the
foster carer and the child's social worker, but the Fostering
Network reported that social workers do not universally recognise
the expertise of carers as the practitioners with the greatest
day-to-day involvement in children's lives.[181]
79. The Government expects local authorities to provide
£500 per year for each child in care who is at risk of not
reaching the expected standards of attainment, a measure introduced
in April 2008.[182]
These Personal Education Allowances can be used to pay for, for
example, personal tuition, leisure activities, and trips and visits
that will enrich their learning and development. Guidance states
that it is for local authorities to decide how best to use this
funding.[183] The Fostering
Network argued that foster carers should be more involved in the
scheme, along the lines of the 'Fostering Achievement' programme
in Northern Ireland, which gives responsibility for grants of
£800intended for much the same purposes as Personal
Education Allowancesto foster carers. This model emphasises
the role of foster carers in "supporting and pushing the
education of the children in care, just as parents do for their
own children."[184]
80. Care Matters sets out good intentions
with respect to delegation of decision-making for children, but
we are concerned that these intentions will run aground on the
actions of individual, risk-averse managers. Local authorities
need more persuasion and reassurance to delegate responsibility
for everyday decisions to carers who know a child well, so that
their life in care can be 'normalised' as much as possible. Guidance
should encourage a presumption in favour of delegation, and care
plan reviews should be used as an opportunity to consider whether
more responsibility should be delegated to the carer of the child
concerned. Specifically, the Government should reconsider the
process for allocating Personal Education Allowances to encourage
greater involvement of foster carers.
33 Q 192 [Dr Harris] Back
34
Q 484 [Caroline Abrahams]; Q 281 [John Hill] Back
35
Q 319 Back
36
Q 281 [John Hill] Back
37
Q 123 [Professor Sinclair]; Q 53 [Dr Morgan] Back
38
Q 10 [Dr Morgan] Back
39
Q 124 [Professor Sinclair] Back
40
Ev 144 Back
41
Ev 28 [FPI]; Ev 200 [AIMS] Back
42
Care Matters White Paper, para 2.48 Back
43
Q 613 [Professor Masson] Back
44
The Family & Parenting Institute (FPI) is a national centre
of expertise, policy and research in families and the upbringing
of children. Back
45
Q 72 Back
46
Q 72 Back
47
Qq 380, 383 [Jean Robinson]; Q 389 [Trevor Jones] Back
48
Q 380 [Jean Robinson] Back
49
Q 72 [Mary MacLeod] Back
50
Q 431 [David Holmes] Back
51
Q 72 [Mary MacLeod] Back
52
Q 57; see also Q 58 Back
53
Q 70 Back
54
Q 432 Back
55
Q 432 Back
56
Q 232 [Jane Haywood] Back
57
Q 493 Back
58
Q 462 Back
59
Q 70 [Professor Tunstill]. For further discussion of family support
services see para 129 ff. below. Back
60
Q 72 [Margaret Dillon] Back
61
Q 604 [Professor Masson]; Q 613 [Colin Green]; Q 63 [Professor
Tunstill] Back
62
Qq 92-3 [Mary MacLeod] Back
63
Q 431 [Kim Bromley-Derry] Back
64
Q 431 Back
65
Q 611 Back
66
Q 641 [Professor Masson]; Q 645 [Colin Green] Back
67
Q 206 [Celia Atherton]; Q 87 [Margaret Dillon]; Q 86 [Professor
Tunstill] Back
68
Q 636 [Henrietta Heawood] Back
69
Q 86 Back
70
Q 494 Back
71
Q 635 Back
72
Q 209 Back
73
Ev 213 [ADCS]; Qq 400, 409 [Kim Bromley-Derry]; Q 218 [Celia
Atherton] Back
74
Q 459 Back
75
Ev 230 [GSCC]; Q 218 [Celia Atherton]; Q 409 [Kim Bromley-Derry];
Q 439 [Steve Goodman] Back
76
Q 38 [Dr Morgan]; Annex: Record of informal meetings with foster
carers and young people Back
77
Q10 [Dr Morgan]; Q 38 [Maxine Wrigley]; Q 128 [Kevin Williams];
Ev 83 [Care Matters Partnership]; Ev 142 [Foyer Federation];
Ev 318 [Ofsted] Back
78
Q 206 [Professor Le Grand] Back
79
Q 241 [Professor Le Grand] Back
80
Ev 214 [GSCC] Back
81
Q 216 [Jane Haywood] Back
82
Children's Workforce Development Council, The State of the
Children's Social Care Workforce 2008 (May 2008), p16 Back
83
Q 462 Back
84
Q 206 [Jane Haywood] Back
85
Q 207 [Jane Haywood] Back
86
Ev 214 [GSCC] Back
87
Ev 214 Back
88
Q 209 [Celia Atherton] Back
89
Q 206 [Steve Titcombe] Back
90
Ev 230 [GSCC] Back
91
Q 208 [Jane Haywood]; The CWDC is a Sector Skills Council Body
and workforce reform agency, responsible for improving workforce
skills in areas including early years, foster care, children and
families social work, and children's homes managers. Back
92
Q 235 Back
93
Ev 118; Research in Practice operates a network for voluntary
and public sector organisations, focusing on using evidence and
research to improve services for children and families. Back
94
See Annex Back
95
A National Voice is a voluntary sector organisation run for,
and by, young people who are, or have been, in care. It seeks
to influence policy on the care system, raise awareness of the
experiences of young people in care, and promote young people's
rights. Back
96
Q 38 Back
97
See Annex Back
98
See Annex Back
99
Q 15 [Pam Hibbert]; Q 16 [Maxine Wrigley, Dr Morgan] Back
100
Q 232 [Jane Haywood]; Q 227 [Professor Le Grand] Back
101
Q 38 [Dr Morgan] Back
102
Q 38 [Dr Morgan] Back
103
Q 23 [Pam Hibbert, Dr Morgan] Back
104
Q 206 Back
105
Q 38 [Dr Morgan] Back
106
Q 38 [Dr Morgan]; Annex Back
107
Q647[Henrietta Heawood] Back
108
Q 38 [Maxine Wrigley] Back
109
Q 231 Back
110
Ev 117 Back
111
Ev 235 Back
112
Care Matters White Paper, paras 7.18 ff. Back
113
Qq 219, 225 Back
114
Q 226 Back
115
Q 220 Back
116
Qq 210, Q 229 Back
117
Q 230 Back
118
Q 222 Back
119
Q 24 Back
120
Ev 2 [Barnardo's]; Ev 14 [Pam Hibbert]; Ev 233 [LGA]; Back
121
Ev 81 Back
122
Julian Le Grand, Consistent Care Matters: exploring the potential
of social work practices (DfES 2007), Recommendation 10 Back
123
DCSF, 2020 Children and Young People's Workforce Strategy,
December 2008, para 4.11 Back
124
Q 75 Back
125
Q 233; Q 206 Back
126
Q 224 Back
127
Annex Back
128
Q 129 Back
129
Ev 4; Q 47 [Pam Hibbert] Back
130
Q 44 Back
131
Q 44 Back
132
See Annex Back
133
See Annex Back
134
Care Matters White Paper, paras 3.28 ff. Back
135
Q 128 [Robert Tapsfield] Back
136
Annex; see also Q 128 [Kevin Williams]. Back
137
Ev 4 Back
138
Q 45 [Maxine Wrigley] Back
139
Ev 3 [Barnardo's]; Ev 59 [Fostering Network]; Annex Back
140
Annex; see also Q 128 [Kevin Williams]. Back
141
Annex; see also Ev 57 [Fostering Network]. Back
142
HC Deb, 8 October 2008, col 361 Back
143
Annex; Ev 56 [Fostering Network] Back
144
Ev 60 [Fostering Network] Back
145
Ev 60 [Fostering Network]; Q 138 [Kevin Williams] Back
146
The Fostering Network is a charity representing over 50,000 individual
foster carers, all local authority fostering services, and many
independent fostering agencies. Back
147
Q 138 Back
148
Q 133 Back
149
Q 130 Back
150
DCSF, Statistical First Release 23, September 2008. Although
some local authorities draw a distinction between 'kinship care'
and 'family and friends care' according to whether or not they
are within the care system, we follow common practice in using
the terms interchangeably. Back
151
Q 420 Back
152
Ev 3 [Barnardo's]; Ev 81 [Care Matters Partnership]; Q 50 [Pam
Hibbert] Back
153
Q 428 [Kim Bromley-Derry]; Ev 335 [Family Rights Group] Back
154
Q 168 [Robert Tapsfield]; Q 420 [Kim Bromley-Derry] Back
155
Ev 330 [Family Rights Group] Back
156
Q 50 [Dr Morgan] Back
157
Q 168 [Robert Tapsfield]; Ev 332 [Family Rights Group] Back
158
Ev 331-2 [Family Rights Group] Back
159
Q 426 Back
160
Ev 332 [Family Rights Group] Back
161
Care Matters White Paper, paras 2.34 ff. Back
162
Q 168 [Robert Tapsfield]; Q 420 [David Holmes]; Ev 330 [Family
Rights Group] Back
163
Q 168; Ev 334 [Family Rights Group] Back
164
Q 427 [Caroline Little]; Q 428 [Kim Bromley-Derry] Back
165
See Annex Back
166
The Children's Rights Director is a statutory post, hosted by
Ofsted, whose function is to ascertain the views of children who
are living away from home, receiving children's social care services,
or leaving care. Back
167
Q 14 Back
168
See Annex Back
169
Q 23 [Pam Hibbert, Dr Morgan]; Q 39 [Maxine Wrigley]; Q 49 [Maxine
Wrigley, Dr Morgan]; Q 166 [Kevin Williams]; Ev 56 [Fostering
Network]; Ev 144 [Rainer] Back
170
Q 48 [Pam Hibbert]; Qq 133, 163, 167 [Robert Tapsfield]; Q 166
[Kevin Williams] Back
171
Ev 55 [Fostering Network] Back
172
Qq 17, 23 [Dr Morgan]; Q 39 [Dr Morgan, Pam Hibbert] Back
173
Care Matters White Paper, para 3.10 Back
174
The Fostering Services Regulations 2002, Schedule 6 Back
175
Q 518 Back
176
Ev 56 Back
177
Q 163 Back
178
Q 166 [Kevin Williams]; Q 467 [Steve Goodman] Back
179
Ev 60 Back
180
Q 471 [Pauline Newman] Back
181
Q 467 [Steve Goodman]; Ev 55 [Fostering Network] Back
182
Care Matters White Paper, paras 4.42 ff. Back
183
DCSF, Personal Education Allowances: statutory guidance for
local authorities, May 2008, para 7 Back
184
Q 163 [Robert Tapsfield] Back