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Friends & Family Fostering
Much confusion often arises when friends or family members are asked if they can care for a child on a short or long term basis.
Even when social workers are the ones asking if you can care for a child many state that they are simply facilitating a private arrangement between the child's parent/s and the friend or relative and that they are NOT placing the child on behalf of the local authority. In many cases the social worker will be so concerned about the child that they fail to explain this difference to the friend or relative, and in particular the financial implications for them and the child.
If you care for a child under a personal arrangement with the parent/s it is down to you how much you ask the parent to support the child financially. If a child is placed with you by social workers as a family and friends foster carer, the local authority has to provide the financial support for you to be in a position to care for the child.
This position has caused lots of problems in the past and disagreements about how a child came to be living with friends or relatives have been widespread. A recent judicial review might be of interest to anyone in this type of situation. Please be aware that this judicial review decision was made in relation to a specific case, and may not apply in yours. The issues involved are often complex but we have endeavoured to make it as clear as we can.
Historical Context
Child 'S', a thirteen year old girl lived with her father in 2003. He became violent towards her.
A former girlfriend of the father (Ms. 'Y'), and someone who was know to child 'S' was asked to care for her and Ms 'Y' agreed to do so.
Ms 'Y' was not a family relation of child 'S'.
Ms 'Y' asked for financial assistance from the local authority to care for the child but was refused.
The child returned to live with her father.
New allegations against the father of violence towards child 'S' emerged in 2004 and social workers asked if Ms. 'Y' could again care for her. Ms. 'Y' agreed to do so.
Ms 'Y' again asked for financial assistance from the local authority to care for the child.
The local authority refused to provide such financial assistance on the grounds that child 'S' was not a child looked after by the local authority for the purposes of Part III of the Children Act 1989.
Ms. 'Y' applied for a judicial review of that decision.
The Central Question
The major issue in this case was as to whether child 'S' lived with and was cared for by Ms 'Y' under a private fostering arrangement between Ms. 'Y' and the parents of child 'S' or whether child 'S' was looked after by the local authority pursuant to section 20(1) of the 1989 Children's Act.
The Decision
The application by Ms. 'Y' was to be allowed. In the circumstances, the local authority had not acted so as to facilitate a private fostering arrangement, but rather had exercised its public law powers and its duty under Secion 20(1) of the 1989 Children's Act when it had set in place the arrangements for the accommodation of child 'S' with Ms 'Y'. A declaration was granted that child 'S' was looked after by the local authority and it was therefore under a duty to maintain her.
Additional information and advice is available from Ridley & Hall a legal firm that specialises in these aspects of law.
