Family Rights Group | Kinship carers’ Forum

Hi All,

Complex situation here as I am sure most of you are in but I am looking for some guidance on the merits of which route to take or what it may mean if we are forced down a particular route.

My niece is currently under a PLO process and we have begun our Reg 24 assessment.

When I first started looking at this I understood we would be kinship carers and as such would receive support, however today a special guardianship order has been mentioned and when I am looking at it it appears we would have less support both practically and financially ?

Is there a reason we would be given SGO over kinship?

Can someone explain the difference between them both. Financially, practically and also if either option would give the parents the ability to have her returned to their care should they meet the requirements of SS. So far it is unlikely but we are hopeful in the future they may be able to take care of her again.

Thanks

Hi.

A quick answer. As Kinship carers you could be Special Guardians, foster carers, or under a 'private arrangement'. See https://frg.org.uk/get-help-and-advice/ ... ip-carers/ which gives a more detailed explanation.
A brief summary:
A Special Guardianship order gives you parental responsibility, so a little like adoption, but the child does not legally become your daughter. You are able to exercise that PR to the exclusion of others, including the parents. SGO's can come with financial support, but you MUST get it agreed before it goes to court. If you look back here you will find many examples where social workers 'promised' financial support, but once the order was made, the money was not forthcoming and the authority claim it was never promised.

A private arrangement is often preferred by local authorities and come with no financial support at all. You do not have PR, the parent retains it. IF the local authority has been involved with placing the child, the LA should not be able to claim that it was a private arrangement, but it still happens.

Out of preference, an SGO would be my choice but the financial side could be crucial, SGO allowances are less than the fostering allowance and often only run for a period.

As foster parents you gain the full foster allowance, and the child is the responsibility of the local authority, so they make all the key decisions as you do not have PR.

So, please proceed with caution. I strongly suggest you start keeping a diary and write down what happens every day, summary of phone calls, visits, who said what and when etc. If a social worker makes a promise, ask for it in writing, if that's not quickly forthcoming, write to them along the lines that on [date] I understood you to say that {whatever it is that is of importance}. It then puts the ball in their court to come back to you if that is not their understanding.

It sounds a bit as though I am trying to put you off. I am not, it's one of the most rewarding things you can possibly do for a child, but forewarned is forearmed as far as the authority is concerned!

Please note I am not an adviser for Family Rights Group, just someone who has jumped through many hoops. Suzie is likely to be along shortly with further advice.

Good luck .... Robin

BCDUK wrote: Wed Feb 07, 2024 5:28 pm Hi All,

Complex situation here as I am sure most of you are in but I am looking for some guidance on the merits of which route to take or what it may mean if we are forced down a particular route.

My niece is currently under a PLO process and we have begun our Reg 24 assessment.

When I first started looking at this I understood we would be kinship carers and as such would receive support, however today a special guardianship order has been mentioned and when I am looking at it it appears we would have less support both practically and financially ?

Is there a reason we would be given SGO over kinship?

Can someone explain the difference between them both. Financially, practically and also if either option would give the parents the ability to have her returned to their care should they meet the requirements of SS. So far it is unlikely but we are hopeful in the future they may be able to take care of her again.

Thanks

Dear BCDUK

Welcome to the kinship carers’ forum. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

I am sorry to hear that there are concerns for your niece. Children’s services have initiated a Public Law Outline (PLO) process in relation to her. This means that they may begin court (care) proceedings to safeguard her.

Children’s services are also rightly looking to family members as potential carers for your niece, if her parents cannot. You are being assessed for temporary approval as kinship foster carers, under regulation 24.

You are querying the difference between caring for the child under kinship foster care arrangements or under a Special Guardianship Order(SGO). In particular you are wondering how they differ in term of practical and financial support and in terms of the potential for the child to be returned home to her parents if that is safe and in her best interests.

These are very good questions to be considering and it is good that you are exploring the different options and seeking advice early on.

You have already received some very helpful advice from another poster, who has personal experience and knowledge of both. I hope that has been helpful to you.

I just wanted to add a couple of other points and provide you with links to some more information that you may find useful now or in the future.

The first point is that if children’s services place the child with you, either with parental consent, under a section 20 voluntary arrangement, or under an interim care order then this will be under fostering initially as legally they can only place a looked after child with a foster carer who is either fully approved or temporarily approved under regulation 24.

However, at the final hearing in care proceedings or as part of the Looked After Child review process, children’s services will make recommendations about the long-term or permanent plan for the child. If her parents cannot safely care for her then her permanency plan could be long-term fostering or Special Guardianship. Depending on her age e.g. if she is a young child and there are not suitable family members to care for her the plan could be adoption outside the family.

Your niece’s age is a significant factor. Long-term fostering is seldom recommended for babies or young children unless there was a very child-focused reason why this was necessary .e.g. complex medical needs. On the other hand, long-term fostering could be a suitable plan for an older child who has a strong identity and relationship with their parents.

As has already been identified by the poster who replied to you previously. the key differences between kinship fostering as a long-term option (if the court made a care order) or parents agreed long-term to a section 20 voluntary arrangement would be around:

• Parental responsibility (and therefore, legal decision making)
• Social work involvement
• Financial, emotional and practical support for the child and her carer.

We have a quick reference table which sets out the different types of kinship care arrangements which you can access here. I would recommend that you have a look at this table and maybe print it off in order to compare kinship fostering under section 20 or a care order with Special Guardianship. This table should clarify more about entitlements to financial and practical support for kinship carers under the different arrangements and also that each of the orders can be ended by the court if the court agrees that the criteria has been met and it is safe and in the child’s best interest to do so. The difference is that if a parent applies to end a care order then children’s services are the respondent but if a parent applies (for permission first) to end a SGO then the Special Guardian is the respondent and it is treated as a private law matter.

If children’s services recommend that you apply for a Special Guardianship Order as a private law application rather than children’s services taking the matter to court tin care proceedings please seek urgent advice. If you are not treated as a kinship foster carers first then children’s services can (but do not have to) assess your support needs.

I hope that this has been helpful. You may wish to have a read of our advice sheets for kinship carers, our advice on care proceedings and for kinship carers to find out more. It is also a good idea to have a read of the local authority’s family and friends care policy too; you may be able to find it here. If not, you can ask children’s services to provide you with a copy of their policy.

I hope this is helpful. Please post back with any further queries. Or you can call our freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm (except bank holidays), use our advice enquiry form or webchat facility.

Best wishes

Suzie

I didn't know that the reference document at https://frg.org.uk/wp-content/uploads/2 ... N-PAGE.pdf existed.
Very helpful. Thanks @Suzie (and whomever at FRG put it together. .