08432897130
Contact Us

Kinship Care Support


Our GLC team are the national leading legal advisors in kinship care.

As a kinship carer with a Care Order or Looked After Child, it is likely that you took on the care of a child at short notice at a highly stressful time. It is extremely common that carers will require some level of support if they anticipate caring for the child on a permanent basis.

The support available to you will be dependent upon the placement arrangement. You could be caring for a child under a Care Order, Special Guardianship Order or a Child Arrangement Order. Some carers look after children at the insistence of Social Services but where there is no formal Order in place.

It is all dependent on individual cases and circumstances but generally, if you have or have had substantial Social Services involvement with the child, you may be entitled to support for the child and your family. This maybe under a Care Order, or a Special Guardianship Order or a Child Arrangement Order.

Our GLC team can provide specialist legal advice in kinship care. Most family lawyers represent children and parents in care proceedings but do not specialise in the legal issues which arise for kinship carers after the care order has been made. Our GLC award winning lawyers are recommended by kinship care groups around the country for their specific expertise in this unusual area.


Frequently Asked Questions

If the Local Authority specifically asked you to care for a child where the alternative would be for the child to be placed into foster care, or where the Local Authority hold a Care Order, the child is classed as a “looked after” child. This means that the Local Authority are responsible for that child and have duties towards them.

Family and friends foster carers once approved by panel, are entitled to the same benefits and support as mainstream foster carers. These may include; financial support, emotional and therapeutic input, allocated social workers for the child and carer, respite, training.

All foster carers receive a weekly fostering allowance for the child that they care for. This allowance should meet the national minimum fostering allowances set by the Government.

Provided that you meet the training criteria of your local Council, you should receive any additional fee payments paid to mainstream foster carers which your Council offers. You should also receive payments for the child’s birthday, Christmas or religious holiday and a payment for the holidays in summer.

At GLC we can give you legal advice about your entitlement to support and help you to secure it.

As long as it can be evidenced that Social Services were involved in the placement of the child in your care and have played a major role in making arrangements for the child, you should be entitled to the same support as a family and friends foster carer.

At GLC we can give you legal advice about your entitlement to support and help you to secure it.

Any support from a Local Authority under a Special Guardianship Order is discretionary. Where a child is a “looked after child” at the time of the application for a Special Guardianship Order, the Local Authority must provide a support plan which details the support they are offering you. There is no duty on a Local Authority to provide a support plan if the child is not “looked after”, however, they have the power to do so if they wish to exercise their discretion.

At GLC we can give you legal advice about support which might be available at the discretion of your local authority and help you to secure it.

If there has been no Social Services involvement with the family at any point, you may be entitled to support under Section 17 of the Children Act 1989, if the child is considered a “child in need”.

This is defined under Section 17 of the Children Act 1989 as a child who is;

“unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority or his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or he is disabled”.

Section 17 also states that the Local Authority has a duty to;

“safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs”.

On request, Local Authorities must carry out assessments of the child and their family including the carers to find out what support is required to assist the family. The Local Authority may be challenged if they are failing to provide support services for children in need and their families.

Unfortunately if the child is not classed as a “child in need”, the Local Authority does not have any duties to provide support.

At GLC we can provide you with legal advice to determine whether you can challenge your local authority to provide support.

If the child you care for is currently under a Care Order or otherwise classed as a “looked after” child, the Local Authority has a duty to provide a Support Plan which will detail the support available to you under a Special Guardianship Order (SGO). Generally, once an SGO is made, Social Services involvement will cease and support services will be very limited. It is therefore vital that you seek legal advice before the Order is granted as to whether this is the most appropriate Order for you and your family. Support is available however because it is discretionary under an SGO, it will generally be much more limited than under a Care Order.

All cases are different but probably the most common type of support is financial support. An SGO allowance is discretionary and means tested on your income. Allowances are then annually reviewed and are not guaranteed to be paid until the child reaches 18 years old unlike under a Care Order. Other areas of discretionary support include emotional and behavioural support, support with contact and

All support is likely to be limited and therefore you should seek legal advice prior to accepting an Order. A Local Authority will usually provide some funding for legal advice for you. You may require an Order which allows for a higher level of regular support.

At GLC we can give you legal advice about the right order for you and the child.

This order perhaps offers the least amount of support. Just like Special Guardianship Orders, support is discretionary however, under a Child Arrangement Order, the Local Authority has no duty to provide a support plan.

If there has been no Social Services involvement with the family at any point, you may be entitled to support under Section 17 of the Children Act 1989, if the child is considered a “child in need”.

This is defined under Section 17 of the Children Act 1989 as a child who is;

“unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority or his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or he is disabled”.

Section 17 also states that the Local Authority has a duty to;

“safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs”.

On request, Local Authorities must carry out assessments of the child and their family including the carers to find out what support is required to assist the family. The Local Authority may be challenged if they are failing to provide support services for children in need and their families.

Unfortunately if the child is not classed as a “child in need”, the Local Authority does not have any duties to provide support.

At GLC we can advise you whether you might be entitled to some support.

Support under a Child Arrangement Order is discretionary and financial support is means tested. However, usually, if the Local Authority asked you to care for the child, you should meet their criteria for a financial assessment.

At GLC we can give you legal advice to determine your rights to support.


Advice

We believe in making access to the right advice as simple as possible. Often, we can make a real difference in a single or planned series of phone advice sessions. Call today to speak to our enquiry team for a free initial consultation.

Our Team

Nigel Priestley

Senior Partner, MBE
Nigel Priestley is a Senior Partner of Ridley & Hall Solicitors and a community care and adoption specialist solicitor. He is a member of the Children’s Panel and regularly represents children and parents in care proceedings. ...

James Cook

Director,
Head of Child Care & Public Law Team
James Cook trained and qualified at a South Yorkshire firm where he specialised in family and immigration law. ...
Clare Linden Headshot

Clare Linden

Partner
Clare joined Ridley & Hall Solicitors as a Partner in 2018. Clare graduated from Durham University and completed her legal training at the College of Law in York in 2006. Clare qualified as a solicitor in 2008 when she re-located to Leeds to join the niche family law firm McAras and was made a partner in 2013 following the firm’s merger with Simpson Millar solicitors in Leeds....
Headshot Helen Moody

Helen Moody

Solicitor
Helen completed her degree in law in 2009 before continuing her studies part time on the Legal Practice Course whilst working in a solicitors firm in Wakefield to gain experience. Helen joined Ridley & Hall in January 2012 after completion of the Legal Practice Course,  initially as a Legal Assistant working alongside Nigel Priestley to build up experience in the Public Law department. Helen completed her training contract at Ridley & Hall and qualified as a solicitor in October 2016....

Laura Milburn

Partner
Laura has many years of legal experience and was called to the Bar in 2010.  After qualifying as a Barrister, Laura cross-qualified to become a Solicitor in 2012.   Laura is a passionate advocate and has used her advocacy and negotiation skills on behalf of many clients over the years. ...

Sarah Brown

Associate Solicitor
Sarah joined Ridley & Hall in 2010 following the completion of her Law Degree. Whilst working at Ridley & Hall she studied the Legal Practice Course part time over two years, completing it in 2012....
Rosie Turner Grandparents Legal Centre

Rosie Turner

Solicitor
Rosie primarily assists clients on a variety of issues in relation to kinship care, particularly claiming allowances and back dated payments for kinship carers from Local Authority’s. Rosie also assists clients with Special Guardianship Order applications and advice in relation to the support that is available under Special Guardianship Orders....

Get in touch with us today.

Complaint Policy