I have been asked by SWorker to take kids in

[bob]

Hello All

Firstly, this is a great site and I imagine I will be using it on a regular basis so thank you in advance for all the help and support you will be giving me.
I was asked by the social worker of my niece and nephews if I would consider taking the children in.

There are 4 children in total ranging from age 5 to 10. The mother is deceased and the father is in prison. He has no parental rights.

They are currently living with their maternal aunty, who has a residency order, and have been for approx 5 months now but it would seem that this arrangement is not working out. This is now their second home since their mothers death three years ago.

I will be assessed in the next couple of weeks but as I have not been through this process before I want to know what sort of questions I should be asking as this particular Children’s Service is not very proactive or forthcoming. I want to be armed with as much knowledge as possible before entering any sort of negotiations with them.

As a single person living in a 1 bed home currently I would need help to find another property. This is something they said they would help with but how much help should I expect?
At least two of the children have specific needs in terms of learning difficulties and behaviour problems. What sort of help should I be asking for here?

What sort of questions should I be asking in regards to long-term financial support? I would have to give up my full-time job in order to have the children. Could I expect to have support for the children until they are at least 16-18 given that they are so young?

I live in a different county to the children, will this be an issue?

I have no support network at present, would anyone have any suggestions on how to create a good support network, groups and so on, if/when the time comes?

I really want this to work for the children as they are in real need of stability and I have considered possibly only having two. Has anyone had to face this sort of choice and how do you deal with it.
There are several points here but I would be glad of any advice you can give me.

Thank you
The Paternal Aunt

[Suzie, FRG Adviser]

Dear Bob,
Welcome to the friends and family forum. I am glad that you like the site-and I am sure you will get a lot of help and support from the other posters who use it.

I am sorry for the delay in responding to your post. I can help you with some of the legal questions you have raised and signpost you to help on our website and else where.

I understand that the children are currently under a Residence Order to their maternal aunt but that children services (social services) want to remove them from there and possibly place with you.
I would ask the social worker about the intended legal arrangement for the children- in the short term and then in the long term-until the children are adults? Also raise with her, all the issues around financial support and ask her to confirm any decision about support in writing. At this stage, you need to approach children’s services where the children currently live for any support.
Have a look at our advice sheet
support for relatives and friends for information about different legal arrangements and the support that is available with them.

From the information you have given me-it sounds like they should be assessing you as a friend and family foster carer-so in the short term at least, the children would become “looked after” children and you would be entitled to financial support. This would then give you time to look at what should be the most appropriate long term legal arrangement for the children.
The legal status of the children may be important in terms of financial support when you apply for a long term court order to secure the children with you.

Short term arrangement
Please have a look at our advice sheet about becoming a fostercarer This advice sheet will prepare you for a fostering assessment. It will also answer a lot of the questions you have asked about financial support and support around housing. Housing in particular is an issue-but as you will see from page 10 of the advice sheet, children services can support you to overcome potential overcrowding.
At this stage, I would be mindful of the following:
Children services may try and persuade you that the children will be coming to you under a “private arrangement” between you and the maternal aunt and even get you to sign an agreement that you will seek any financial support from the aunt instead of from them. If they try to do this-do not sign without first seeking advice from a solicitor who specialises in children law or from our advice line. It may prevent you getting financial support from children services.
They may also try and persuade you to seek a residence order yourself as soon as possible-without considering the other options first. Again-I would advise you not do this without first seeking legal advice or speaking to our advice line first. Although you may want to get a residence order in the end –as it is one of the legal orders that is easy to obtain and it gives you parental responsibility- you may not get any financial support from children services as financial support is means tested and discretionary.
Long term arrangement
In the longer term, you have the option of seeking either Special Guardianship Orders, Residence Orders, Adoption orders or for you to be a Long term foster carer. Adoption and long term foster care are very unlikely in the circumstances that you describe.

Both Special Guardianship Orders’ and Residence Orders will give you parental responsibility for the children-which will allow you to make all the important decisions about the children’s lives. Long term foster care will not provide you with the legal power of parental responsibility and this instead will remain with the maternal aunt as long as she has a Residence Order.
To get full details about these orders and the support that might be available, please look at our advice sheets about
Special Guardianship orders
Residence Orders
As you will see, there is a lot more potential financial and other support available if you were to obtain a Special Guardianship Order rather than a Residence Order.

I hope this advice helps. I have touched on most of your questions-and once you have read through the advice sheets you may have a lot more to ask.
If you do, please post back or call our advice line on 0808 801 0366.

Best wishes,

Suzie