Eligibility and Provision of Financial Support in Respect of Child Arrangement Orders

This procedure is based on the Children Act 1989 and the Children and Families Act 2014.

A Child Arrangements Order, in the context of this Policy/Procedure is an order made by a court pursuant to s8 Children Act 1989 as amended by Children and Families Act 2014. In essence, it regulates, inter alia, arrangements relating to with whom a child/young person is to live spend time or otherwise have contact.

A Child Arrangements Order may be made, or continue to have effect with respect to a child under the age of 18 years. A Child Arrangements Order will cease to have effect when the child reaches the age of 18, or earlier if discharged by the court.

The granting of a Child Arrangements Order:

• Regulates arrangements relating to any of the following:
  1. With whom a child is to live, spend time or otherwise have contact; and
  2. When a child is to live, spend time or otherwise have contact with any person.
• Gives the holder 'Parental Responsibility' for the child or young person if they do not already have Parental Responsibility. This may be shared with others and continues until the order ceases;
• Automatically discharges a Care Order or any existing Child Arrangements Order;
• Prevents anyone from changing the child or young person's surname or removing him/her from the UK (for more than 1 month) without the agreement of everyone with parental responsibility or an order of the court;
• Does not give the holder the right to make important decisions, such as those about the child or young person's health care and education etc. unless s/he has the consent of all those with parental responsibility or leave of the court.

The Children Act states people who can apply for Child Arrangements Orders are divided into two groups – those who do not require leave of the court to apply and those who do

Those who do not require leave of the court are:

• Any parent or guardian or special guardian of the child or young person;
• Any person who has parental responsibility for the child or young person under Children Act 1989, Section 4A (a step-parent or civil partner);
• any person who is named, in a child arrangements order that is in force with respect to the child or young person, as a person with whom the child or young person is to live;
• Any party to a marriage (whether or not subsisting) in relation to whom the child or young person is a child of the family, e.g. step-parent;
• Any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child or young person is a child of the family;
• Any party to a marriage (whether or not subsisting) in relation to whom the child or young person is a child of the family e.g. step-parent;
• Any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child or young person is a child of the family;
• Any person with whom the child or young person has lived for a period of at least 3 years;
• Any person who:
  1. If there is a Child Arrangements Order in force with respect to the child or young person, has the consent of each person in whose favour the order was made;
  2. If the child or young person is in care, has the consent of the local authority; or
  3. In any other case, has the consent of those with parental responsibility.
• A local authority foster carer is entitled to apply for a Child Arrangements Order if the child or young person has lived with him/her for a period of at least 1 year immediately preceding the application;
• A relative of a child or young person is entitled to apply for a Child Arrangements Order with respect to the child or young person if the child or young person has lived with the relative for a period of at least one year immediately preceding the application.

Anybody else requires the leave of the court before making an application.

The National Adoption Standards and 2010 Care Planning, Placement and Case Review Regulations require that within 4 months of becoming looked after, the child or young person has an agreed permanence plan which sets out a clear framework as to how the child or young person's future stability of care will be secured.

In some circumstances, the granting of a Child Arrangements Order to a current or potential carer will be assessed as being the best means of securing permanency for the Child Looked After or young person.

It is more likely to be a suitable option when the child or young person:

• Is placed with friends/relatives foster carers or could be parents;
• Has friends/relatives who wish to provide permanent care.

However, a Child Arrangements Order is only one means by which to achieve the requisite level of security and may not be a viable or the most appropriate option. The decision that a Child Arrangements Order is the best way of meeting the child or young person's best interests should only be made following full consideration of the child or young person's circumstances and within the formal permanence planning framework. See Early Permanence Planning Strategy and Decision to Look After Procedure for details of the planning framework and action required.

In addition, a Child Arrangements Order should be proactively considered:

• As an alternative to an immediate placement under Regulation 24 of the Care Planning, Placement and Case Review Regulations, 2010;
• In care proceedings as an alternative to a care order, both on an interim basis and at the final hearing.

The plan for permanence can only be agreed at the child or young person's Looked After Review and as such it is this meeting that will provide the forum for the formal decision that the pursuit of a Child Arrangements Order is the preferred option to meet the child/young person's best interests.

It is recognised that, in some circumstances, the child or young person and/or their carers will require support services after the Child Arrangements Order has been granted. This may be to maximise the stability of the care arrangements or/and to meet discrete needs the child or young person would have irrespective of where they lived or who looked after them.

It is important that the need for such services are identified during the permanency planning stage to enable the appropriate arrangements to be put in place and ensure the child or young person (and/or their carers) receives or continues to receive the requisite services from the point the Order is made.

The exact nature and duration of the post order support required will be dependent upon the specific needs of the child or young person and their carers'. This should be assessed using the assessment planning framework with existing Child and Family Assessments being updated accordingly.

In many situations the services required will be provided by agencies other than Children's Social Care. It is crucial therefore that both the assessment and plan agreement processes reflect the multi-agency nature of the service provision and include representatives from the other agencies.

In situations where financial assistance is identified as being a key aspect to the post-order support, consideration should be given as to whether financial support for a Child Arrangements Order should form part of the Plan.

If a foster carer is granted a Child Arrangements Order for a child or young person in their care, the child or young person is no longer looked after by the Local Authority. As such, the fostering allowance for that particular child or young person will no longer be paid.

The Children Act states, in Schedule 1 paragraph 15:

1. Where a child lives, or is to live, with a person as the result of a child arrangements order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child;
2. Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife [or civil partner] of a parent of the child.

This is a discretionary allowance, normally the equivalent of the fostering allowance minus Child Benefit (where applicable) and will be subject to a financial assessment of the carers.

In determining the amount of any financial support, the financial assessment will take account of any other grant, benefit, allowance or resource which is available to the carer(s) for the child or young person.

The Financial Assessment will normally be undertaken in accordance with the Department for Education Means-Test Model and will take into consideration:

1. The financial resources available to the carer(s);
2. The amount required by the carer(s) in respect of his/her reasonable outgoings and commitments (excluding outgoings in respect of the child or young person);
3. The financial needs and resources of the relevant child or young person.

Local Authorities have the power to provide support to someone who is granted a Child Arrangements Order who is not parent or their spouse/civil partner. Consideration will be given to the child or young person's circumstances and needs during a review of the financial arrangement.

The arrangements for support should be formalised in a Post-Order Support Plan. The Plan should set out clearly:

• The objectives of the plan and the services to be provided;
• The timescales for achieving the plan;
• Those responsible for implementing the plan and the respective roles of others;
• What should be provided, when and who by;
• The criteria that will be used to evaluate the success of the plan;
• How both the services and the plan will be reviewed.

The Post Order Support Plan should be agreed at a Looked After Review (i.e. before the Child Arrangements Order is granted). A copy of it should be given to all those involved in implementing it and to those receiving the services and their carers.

For some children and young people the granting of a Child Arrangements Order to a member of their extended family/social network may be a means of preventing them becoming Looked After.

In situations where children or young people are at risk of becoming Looked After, the Child and Family Assessment and planning processes should include proactive consideration of the viability and suitability of the use of a Child Arrangements Order. This should be documented accordingly.

In some circumstances where the promotion of an application for a Child Arrangements Order forms part of a plan to prevent a child or young person becoming looked after and subject to financial assessment, a Child Arrangements Order Allowance may be payable as part of the Post-Order Support Plan.

Once the financial assessment/financial check has been completed it will be presented to the appropriate Special Guardianship Order/Child Arrangements Order Panel for a decision based on the assessed needs of the child or young person.

Children's Social Care follow the Special Guardianship Order Guidance and will pay any financial support to support a Child Arrangements Order up to a maximum of two years following the granting of the order to enable carers to adjust to the financial demands of caring for the child and manage future finances.

Where there are exceptional circumstances, consideration may be given to continuing a level of financial support and a further review is required.

Any financial support which is provided will usually be paid via a one-off annual payment or via instalments if Children's Social Care agree. Only where there is a recurring expenditure, will financial support be paid periodically i.e. weekly or monthly.

After the decision has been made, the Social Worker will inform the carer of the decision and the reasons for it. If the decision is to provide financial support a Notice of Entitlement letter and a Payment of Transitional Financial Support for Special Guardianship / Child Arrangement Order Form will be sent confirming:

1. The method of determination of the amount of financial support;
2. Where financial support is to be paid in instalments or periodically, the amount of financial support, the frequency in which payments will be made, the period of which financial support is to be paid, and when payment will commence;
3. Where financial support is to be paid as a single payment, when the payment will be made;
4. Where financial support is to be paid subject to any conditions, those conditions, the date by which they are to be met, and the consequences of failing to meet them;
5. The arrangements and procedure for review, variation and termination of financial support;
6. The responsibilities of Children's Social Care under the review procedure and the responsibilities of the carer(s) in relation to any agreement relating to any conditions agreed.

Any notice must be given in writing.

Children's Social Care has the power to review financial arrangements under a Child Arrangements Order

1. Annually, requesting appropriate documentary evidence;
2. If there is any change of circumstances or breach of any condition;
3. At any stage in the implementation of the plan.

Children's Social Care may provide financial support based on the assessed needs of the child or young person and as stated above, may consider providing financial support for a maximum of two years after the order is granted. It also has the discretion to impose any appropriate conditions, including the purposes for which, any payment of financial support should be used.

During the period of time which financial support is paid and as outlined within the Payment of Transitional Financial Support for Special Guardianship / Child Arrangement Order Form. Financial support will always cease to be payable to the carer if the child or young person:

1. Ceases to have a home with him or her; or
2. Ceases full-time education or training and commences employment; or
3. Qualifies for income support or job seeker's allowance in his or her own right: or
4. Attains the age of 18 years, (unless he or she continues in full-time education or training, when it may continue until the end of the course or training he or she is then undertaking).

When payments are made periodically the carer(s) must agree to:

1. Inform the local authority immediately if:
   • The carer changes his or her address;
   • The child or young person dies;
   • There is a change in the financial circumstances of the carer;
   • There is a change in the needs of resources of the child;
   • If any event occurs which would lead to the cessation of the support.
2. Complete and supply Children's Social Care with an annual statement of his or her financial circumstances, the financial needs and resources of the child or young person, and his or her address and whether the child or young person still has a home with him or her.

Carers must also sign the Payment of Transitional Financial Support for Special Guardianship / Child Arrangement Order Form and adhere to the conditions set out within the Agreement before any payment is made.

Children's Social Care may suspend or terminate the payment of financial support, and seek to recover all or part of the financial support paid, if any of these conditions is not complied with. Where the non-compliance is the failure to provide annual documentary evidence, Children's Social Care is under a duty to send the carer a written reminder of the need to provide this information and to give the carer 28 days within which to comply.

Notice of any change of circumstances of the carer(s) or the child or young person may initially be given orally, but must be confirmed in writing within seven days.