Child-centred Care Planning and Austerity: Long-term Fostering, Special Guardianship and Independent Fostering Providers Briefing and Position Paper

Introduction Latest Department of Education (DfE) figures show that 74% of looked after children and young people are living with foster carers and, excluding those in kinship care, nearly 33% of these fostered children are in placements provided by the independent sector.

relationships which promote positive outcomes. The introduction of Special Guardianship Orders in 2002 offers a further alternative to adoption as a permanency option for some of these children and young people.

This paper supports these aims by providing information about the background and current use of long-term fostering and Special Guardianship, as well as identifying some areas of concern for the independent sector. It will then go on to recommend how independent fostering providers and local authorities should work together – making sure that the best interests of children and young people shape this process, as well as the decision making.

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Although sadly there is still evidence of too many breakdowns and moves, research consistently shows that children who grow up in stable long-term foster care do as well as their adopted peers. In fact, a number of studies illustrate how long-term fostering, if well-planned and well-supported, can provide, like adoption, the foundations for lifelong

However, making future plans and the right decisions for children should always involve close co-operation and communication between the whole team; especially when different organisations or even sectors are involved. Most importantly, the focus should always be on meeting the immediate and long-term needs of particular children. 1 2

DfE Looked After Children Statistics, 2011 See Schofield (2003) and Biehal et al (2010)

Long-term and ‘permanent’ foster care What is it? There are a significant number of looked after children and young people for whom adoption is not possible and/or desirable who still need a family to look after and care for them. For many of these children, longterm or ‘permanent’ fostering is the best option for providing this sense of belonging, family membership and the place where they can develop life-long relationships. Ideally, making a long-term or ‘permanent’ fostering placement should be a positive, planned decision which actively involves the child or young person in the decision-making process and gives them, as well as their carers, the assurance that this is their home and will remain their home until they are at least 18 and ready to move on.

et there is no legal status for ‘longY term’ or ‘permanent’ foster care and the use of these terms as well as practice varies in significant ways across local authorities and within the independent sector. In fact, the first research study to look at local authority models for planning for permanence in foster care found great variation across England and even across cities. For example, sometimes the decision to make a ‘permanent’ placement of this type is part of a formal, structured process which assesses and takes the views of all involved and may even require going to a Panel. However, in other situations, what was initially seen as a short-term placement may be working well and there may be mutual recognition over time and through the care planning process that it should continue and become ‘long-term’. 3

How is the independent sector involved? Evidence from practice suggests that a large number of fostering placements provided by the independent sector are long-term, and many of these are for children and young people with higher levels of need or sibling groups who need carers with ongoing and good quality support. Yet these differences in local authority policy and planning mean that this definition covers a whole range of situations. This can range from formally acknowledged arrangements where terms and conditions recognise that the child or young person will grow up with that family , through to placements which have to be reviewed and approved by the local authority every 28 days. 4

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Schofield, Ward et al (2008) Schofield, Ward et al (2008)

Some of these situations have the potential to create uncertainty and anxiety, particularly when the fostering provider is not engaged with, or even informed about the planning and decision-making process. As a result, there are a number of ongoing and emerging concerns in the sector about quality of practice and working relationships.

Issues from practice • Long-term planning for children and young people is undermined when local authorities require their placements with independent providers to be made on a monthly basis. This leaves children unable to settle with their foster family, and foster carers feeling concerned about building relationships with children who may be moving on. • Furthermore, experience from practice suggests that when it becomes clear that children will require a longer term placement some local authorities make decisions to move them from independent fostering provider carers where they are settled, happy and thriving This may be outside of the care planning process, without making use of inter-agency protocols and with little attention given to the needs of the children or their carers.

• Of more concern are situations where foster carers are directly approached by the child’s local authority social worker and told that as the placement is becoming long-term, it is likely that the child will be moved to ‘in house’ carers. Or, where they are asked to leave their provider and become carers for the local authority (with the unspoken suggestion that if they do not do this, then the child will be moved). • Some independent providers have challenged decisions which are clearly not being made in the child’s best interests. However, sometimes they remain unaware of the situation or carers choose to transfer to the local authority – motivated by the fear of losing the child. Without the input that has supported the placement and helped it to become stable, some placements do go on to break down, resulting in great distress for everyone.

• There are examples of similar outcomes when children, especially sibling groups or those with more complex needs, have been moved from well-resourced placements with independent carers to local authority foster carers who do not have access to this support. The new carers struggle with children who are unsurprisingly unhappy and insecure. • More generally, there are also young people who have grown up in planned long-term or ‘permanent’ placements where they feel part of the foster family. Yet at the age of 14 or 15 the local authority’s leaving care team may still begin discussion about moves to ‘independence’. This can be particularly disturbing for young people whose carers are from an independent fostering provider, as this process could also involve changing school or college, moving to a different area and taking on responsibilities before they are ready.

• The latest Fostering Regulations and National Minimum Standards delegate authority for everyday decision making to foster carers and expect them to play an active role in preparing young people for independence. And, they also acknowledge that carers, who know these young people best, must be fully engaged in decisions about what happens when a young person reaches 16, 18 or beyond. However, again practice suggests that currently carers from the independent sector, and even their agencies, may not be consulted or involved in any meaningful way in making plans for the young person’s future. In fact, too often, the placement ends against the wishes of the carer or the young person - with very serious long-term costs.

Long-term and ‘permanent’ foster care

Special Guardianship What is it? Special Guardianship Orders (SGOs) were introduced as an amendment to the Children Act 1989 by the Adoption & Children Act 2002, and implemented on the 30 December 2005. This followed the Prime Minister’s Review of Adoption in 2000 which had recommended that a new legal order was needed to meet the needs of children separated from their birth parents which would offer more security to the children and their carers than provided by long-term fostering – but without severing all legal ties with their birth parents. The intention was that the orders could be used in a range of situations including family and friends carers as well as offering an additional route to permanency for looked after children. Foster carers were given the opportunity to apply to become a child’s Special Guardian when the child had been with them for at least a year. Importantly,



‘The assumption......is that the relationship between the child and the prospective special guardian has developed over time and is thought to be working well. A pattern of trust, respect and security has been established which has been acknowledged as the basis for a committed and enduring relationship.’ 5

The local authority is required to carry out an assessment of the child’s views and wishes as part of the application process as well assessing the prospective Special Guardian’s ability to take on this role. This includes looking at their support needs and producing a detailed plan and report which sets out what services (including financial) will be made available, and this must be shared and explained to the applicant. Importantly, while financial support may continue until the young person reaches 18, remuneration for ex-foster carers is limited to two years after the order has been made, except in special circumstances (and at the discretion of the local authority).

Once the courts have made an SGO the status and role of the ex-foster carer changes significantly, ‘(the carer moves)....from the public sphere, where they have combined their personal commitment to care for children with formal recognition and approval from an agency, including payment for their services, to the private sphere where their commitments are personal and ‘private’’ 6

In other words, the local authority has no ongoing obligation to support the child or the placement, and (unlike adoption) there is no requirement to provide services to prevent or manage a potential disruption.

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Simmonds, J (2011) p:20 Simmonds, J (2011) p:73

How is it working?



National statistics for England in March 2010 showed a quick take up for SGOs during the first two years following implementation, then a slowing down over the following three years. And there were clear regional variations with London and the north west peaking at 300 and 250 orders per year, while in east midlands and the north east these figures showed that there had not been more than 70 and 80 orders made each year. 7

However, more recent data about council spending on children’s social care has shown a sharp 61% increase in spending on SGOs in 2011/2012. This led the College of Social Work to raise concerns about whether some local authorities, in a climate of budget cuts, might be using SGOs as a way of saving money on long-term fostering. 8

There is currently very little evidence about impact or long-term outcomes for children in these placements. Yet Hall’s 2008 study of 70 family court cases in the County and High Courts and Wade’s 2010 research in eight diverse local authorities do provide some information about the use of Special Guardianship and even some indication of emerging problems.

Yet a year after the order had been made, 64% of Wade’s participants had lost contact with their social worker, and although they had generally found the advice and information available at the time the order was made ‘helpful’, they had already identified an unmet need for respite care, short breaks and, significantly, help with the child’s behaviour.

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In particular, both studies found that just over half of SGOs were being made on children aged under five, and in Wade’s study 20% of the children were under a year old. This has important implications for long-term planning and support for children who have their whole childhood and adolescence ahead of them.

Although less could be said about the ‘success’ of these placements with 20% of Wade’s carers already saying that things were working as ‘well as could be expected’, and 4% ‘not very well’, this must raise concerns about long-term outcomes; especially as local authorities are not required to provide access to on-going support.





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Simmonds, J (2011) p:6 Cooper, J, Community Care, 28/09/12 Hall, A, 2008

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Wade, J, et al, 2010 Simmonds, J, 2011 p:8 Simmonds, J, 2011 p:12 Simmonds, J, 2011 p:13

How is the independent sector involved? Foster carers from the independent sector are able to make an application to become the Special Guardian for a child or young person who is in a long-term fostering placement. However, this requires a good deal of consideration because, like local authority foster carers, this will involve a change in their role and status, but in addition it will also mean losing the range of support and the network offered by their provider – unless the local authority appoints their provider to support the order.

One study asked a group of these carers if they would consider becoming a Special Guardian and found that they had carefully thought this through. So, while they were keen to make a long-term commitment to the child, they were very concerned about the loss of resources and advocacy which they knew they could draw upon for these children who had high levels of need. Furthermore, these carers were well-aware of the experiences of their peers who had taken out Residence Orders on younger children, and then struggled when the child reached adolescence with no help available from the local authority. With a very developed understanding of how difficulties could emerge over time, and with appreciation of how the package available from their provider supported the placement, they were not prepared to take this risk. 14

Issues from practice SGOs clearly do provide a welcome permanency option, but a good deal of thought and discussion is required, and they may not be suitable for all children and young people in long-term care. Importantly, this consideration should be part of the care planning process and led by the needs and wishes of the child. However, it does seem that some local authorities are not following best practice and that independent fostering providers have concerns about the current use of these Orders: • There are examples from practice where long-term foster carers are approached directly by the local authority with the suggestion that they take out an SGO on a child, or even a group of siblings, who have complex needs. This discussion begins 14

Schofield, G. et al, 2008 p:172

outside of the care planning process, and may be without the knowledge of the carer’s provider. • In these situations carers have sometimes experienced continuing pressure to make this decision, and have felt (or even been told) that if they refuse to follow this plan, the local authority will move the child from their care. • There are other examples of carers who have been looking after children for a relatively short time, and are still approached by the local authority to make an application; without any meaningful consideration of the quality of the relationship, or confidence that the carer understands the child’s longterm needs. • Some agencies have challenged this practice and received varying responses. This has included senior managers from local

authorities claiming to have no knowledge of how particular teams or individuals are behaving. • In other situations children and groups of siblings have been moved from settled longterm fostering placements where the carers have had access to a package of resources. This has been distressing for everyone involved and has raised concerns about how new carers (especially as Special Guardians) would cope without guaranteed and ongoing high levels of support. • There are independent sector carers who have taken out SGOs either under pressure or without clear understanding of the full implications now and in the future. Their agencies are concerned that in these different circumstances there is a high risk of placement break down and more disruption for vulnerable children.

Working together:the principles of good practice

The concerns described here about long-term fostering practice and the use of SGOs provide a strong indication that local authorities are not always working in partnership with Independent Fostering Providers to ensure the best possible outcomes for children and young people. This paper ends with a statement of the principles which should shape good practice, and the process which should be followed: • Whatever pathway a child or young person has taken into a particular placement, the local authority should act at all times to fulfil its statutory duty to safeguard and promote the welfare of the child. This includes consideration of the appropriateness of any changes in status or placement moves, and whether these actions are in the current and long-term best interests of the child.

• The views of the child or young person regarding placement moves or changes in status should always be sought and taken into consideration as part of the care planning process. • Children and young people in this situation should have access to independent advice and representation as part of this process. • Where possible, decisions about placement moves or changes in status should always be made within the care planning process, with children and their carers playing an active role in this decision-making. • Foster carers should never be required to change their fostering provider in order to secure agreement to a long-term plan for a child or young person.

• Local authorities should not approach foster carers with a view to recruitment, even when this is part of the care planning process, without the knowledge of their fostering provider. • Foster carers should not be approached to explore the possibility of application for a Special Guardianship Order without the knowledge and involvement of their fostering provider. • Local authorities should be able to evidence that independent sector foster carers have been given full advice and information about the implications of becoming a Special Guardian before any final decision is made. • Local authorities should consider formally appointing the carers’ fostering provider to support the Special Guardianship Order when there is full agreement for this plan.

References

• Decisions about placements should not be determined by financial constraints, but should be based upon the quality of relationships and best possible long-term outcomes for children and young people. • Foster carers and young people should play an active role in the leaving care process, and young people should never be required to leave a long-term foster placement before they are ready. • NAFP would consider taking any particular evidence about poor social work practice in this area to the General Social Care Council (GSCC).



Biehal N, Ellison S, Baker, C & Sinclair, I (2010) Belonging & Permanence: Outcomes in long-term foster care and adoption, London: BAAF

Schofield, G, & Ward, E. with Warman, A, Simmonds, J & Butler J (2008) Permanence in Foster Care, London: BAAF

Cooper, J. ‘Children’s spending on SGOs rises sharply’, in Community Care, 28/09/11

Simmonds, J. (2011) The role of special guardianship: Best practice in permanency planning for children, London: BAAF

Department for Education www.education.gov.uk Hall, A. (2008) ‘Special Guardianship & permanency planning: unforeseen consequences and missed opportunities’, Child & Family Law Quarterly, 20:3, pp 358-77

Wade J, Dixon J & Richards A (2010) Special Guardianship in Practice, London: BAAF

Schofield, G (2003) Part of the Family: Pathways through foster care, London: BAAF

Andrea Warman February 2012 Post: PO Box 47299, London W7 9BH Email: [email protected] Facebook: www.facebook.com/theNAFP

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