Child Care Placements: Grandparent, Foster Carer Or Special Guardian?
In her latest Timms Blog, Family Law Solicitor, Lauren Richards discusses child care placements…..
As care Lawyers, one of the most common types of placements we see for children during public law proceedings is placement with grandparents.
At the beginning of proceedings, parents are always asked to identify any family members or friends that they would like to be assessed to care for their child. These assessments then take place parallel to the assessments of the parents.
Child Care Placements – The Local Authority Role
In care proceedings involving children, the Local Authority’s position should always be that the child should reside with the parents if it is safe to do so.
However, should that not be possible, the Local Authority will look at the viability of a placement with family members or friends. Alternative options such as adoption should only be considered where reunification with parents isn’t possible, and where there is no suitable placement with family or friends.
Once the parents have identified any potential carers, the Local Authority will complete an initial viability assessment of them. This is usually a brief assessment and if the conclusion is positive, the Local Authority will complete a more in-depth assessment, known as a connected persons assessment.
Child Care Placements – Placement With Family Or Friends During Assessment
A child can be placed with a family member or friend whilst the connected persons assessment is being undertaken.
This is called a regulation 24 placement and enables a child to be placed with carers for up to 6 weeks whilst the assessments are being completed. These carers are then approved as temporary foster carers and can claim fostering allowance. In this instance, if the careers are grandparents, they technically also become foster carers.
If the result of the connected persons assessment is positive, the carers will be presented to the fostering panel for recommendation. The agency decision-maker will then decide whether to approve the carers as foster carers or not. If they are approved, they can be supported to look at obtaining a permanent order for the child/children to reside in their care.
Special Guardianship
The most common type of order for carers to have is by far a Special Guardianship. If granted this allows parental responsibility upon the carer. Whilst the parents would retain their parental responsibility, the carer would have a superior form and could make decisions without including the parents.
Where young children are involved, and where there are concerns regarding the parents, this is usually the preferred order. Due to the superior parental responsibility it grants the connected carer. So, if the carers are grandparents, they are also classified as Special Guardians.
There are other ways that children can be placed with carers, such as a Child Arrangements Order or a Final Care Order. However, neither of these offers the same level of stability as a Special Guardianship Order. Under a Child Arrangements Order, the connected carer does not have a superior form of parental responsibility. And under a Care Order, the connected carer does not acquire parental responsibility at all.
The Law Around Connected Carers
The law around connected carers is often complex, and it can be a very difficult road to navigate as grandparents, where legal aid is not guaranteed, and you are not aware of all the information within the proceedings.
If you are a grandparent or a family member of a child involved in public law proceedings and you wish to care for them, don’t hesitate to get in touch to see if we can help.
Please feel free to contact me on 01283 214231 or via email at l.richards@timms-law.com. Alternatively, visit the family law section of our website https://www.timms-law.com/family-law/
October 2021