4.2.2 Residence Orders and Residence Order Allowances

RELATED CHAPTERS

1. Introduction

A key departmental objective is to reduce the need for Children's Services intervention in the lives of children and their families whenever this is consistent with their welfare.

The aim of a Residence Order is to achieve security through legal permanence for a child where it is not possible for them to be adopted or subject to a Special Guardianship Order and is an alternative to the child being Looked After by the local authority.

To support this objective, all Care Plans for children who are placed with relatives, who are approved foster carers, should always note why a Residence Order is not thought appropriate and this decision should be re-visited at each Looked After Review.

2. What is a Residence Order?

A Residence Order is defined in Section 8 of the Children Act 1989 as an order making arrangements as to the person with whom a child is to live with. The order normally ends when a child is 16 but can be extended to 18 years.

There are two types of Court proceedings where a Residence Order may be the outcome. They are private law proceedings, e.g. when a marriage ends, and public law proceedings, where the proceedings involve the local authority and the child may become Looked After.

The granting of a Residence Order does not discharge the Parental Responsibility of the child's parents. The making of a Residence Order will however discharge a Care Order.

Local authorities have a discretionary power under the Children Act 1989 to make financial contributions towards the costs of the accommodation and maintenance of a child who is the subject of a Residence Order. There are also certain designated carers i.e. grandparents, existing foster carers, who can automatically apply for an order - others will need permission from the Court.

3. When is a Residence Order Appropriate?

Hillingdon will support Residence Order applications if this is part of a Care Plan and fulfils the following criteria:

That the child's welfare is paramount in the chosen option taking into consideration his/her wishes and feelings
That the prospective carers are empowered and able to take on their role
That the arrangements minimise the Department's role in caring for the child in so far as this is consistent with the welfare principle

All proposed placements would need to consider:

The needs of the child including his/her racial/cultural land religious and linguistic needs and any other special needs
What assessments or checks are required to be made concerning the proposed carer
The financial arrangements including the ability of the parent(s) and carer(s) to contribute and the duration of any payments and when they need to be reviewed
The level of supervision required
The wishes and feelings of the child, parent and any other person who is considered to be relevant

Applications for Residence Orders normally follow on from arrangements made with the extended family to care for a child, often as foster carers of children who have been Accommodated - see Immediate Placements with Family and Friends (under Regulation 38) and their Approval as Foster Carers Procedure.

However situations do arise during Care Proceedings where a Residence Order is recommended and supported by the local authority yet the child is not Accommodated.

There will also be situations where the local authority will support an informal arrangement as an alternative to taking legal proceedings - see Section 17 Support for Kinship Arrangements Procedure.

Residence Orders should be considered in all cases when an arrangement either formal or informal has been agreed for the permanent placement of a child outside his or her birth family with extended family members where an Adoption Order or Special Guardianship Order is not appropriate.

4. Payment of Residence Order Allowances

Local authorities have discretionary powers to make financial contributions. There is no statutory guidance as to the amount. The carers are subject to a financial assessment and annual reviews.

Hillingdon may wish to support carers in applying for Residence Orders when it is consistent with the child's Care Plan. This can include giving financial assistance with costs of applying for the order and ensuring that the carers will not be financially disadvantaged by such an application. This decision should be made based on the circumstances of each case and should be agreed by the Service Manager, Resources.

Residence Order Allowances will take into account the payment that the carer is receiving prior to the application and the benefits that they will be entitled to once an order is made.

It is important that carers are aware of these requirements and are advised about the level of payments and their responsibilities to provide annual financial statements.

Kinship carers who are approved foster carers (where placements have been made under Regulation 38) will automatically receive from their date of approval the agreed rate as stated in the Foster Carers Allowance Scheme.

When kinship carers have not been approved as foster carers prior to the granting of the Residence Order but have received support under Section 17 as part of a Child in Need Plan, they may receive an allowance equivalent to the payments made under section 17 or at a rate not exceeding the published DWP income support rate.

Residence Order Allowance payments are fixed at the point of the agreement and not subject to any subsequent changes in the fostering rates.

5. Procedure for Approval of Allowances

The decision to recommend a Residence Order with a Residence Order Allowance must be reflected in the Child in Need Plan/Care Plan.

The Service Manager, Resources will agree the Residence Order Allowances. The decision will be based on the report and recommendation of the social worker.

The social worker must complete:

An agreement to a Residence Order Allowance Form which will be accompanied by the recommendation (Care Plan/Child in Need Plan and/or full report)
A completed financial assessment. Social workers should ensure that all applicants complete a financial assessment
Other supporting documentation including details of the ongoing needs of the child, any complex legal or contact arrangements etc.
Details of the current payments, if any, made to the carers.
The carer's bank details

Carers who receive a Residence Order Allowance are entitled to Child Benefit and may be entitled to other benefits e.g. tax credits, disabled living allowances, family premium child dependency addition (if receiving a state retirement pension) and child support from the parents.

In most cases, allowances will be agreed that are consistent to the rates paid to them as approved foster carers or as informal carers taking into account the needs of the child, any additional government benefits and contributions from birth parents. Payments will always be subject to a financial assessment and reviewed annually.

The Service Manager, Resources will write formally to the carers to inform them of the decision to grant a Residence Order Allowance and will administer the subsequent annual review.

6. Duration of Allowance

The allowance will continue until the child is 16 (18 in exceptional circumstances) unless terminated in the circumstances detailed below:

When the child ceases to have a home with the carers;
When the child ceases full time education and commences employment or qualifies for a place on a government training scheme;
When the child qualifies for income support or unemployment benefit in his or her own right
When any period previously agreed between the local authority and the applicant expires
If it appears to the local authority that the criteria cease to apply
Where the financial circumstances of the carers change

7. Review Procedures

Where the local authority decides to make a Residence Order Allowance, the social worker must inform the carer of:

The need to submit an annual statement to the Service Manager, Resources and the consequences of failing to do so including the repayment of allowances where the child moves out and the carer fails to inform the Department
The need to notify the Service Manager Children's Resources of any change of circumstances of the child or applicant as it arises.

The annual statement should detail

The applicant's financial circumstances
The financial needs and resources of the child
Their address and whether the child still has a home with them.

On receipt of such a statement the Service Manager, Resources will determine whether or not to continue to pay the allowance or whether further investigations should be made to clarify any issues arising.

Failure to submit the statement within 28 days of the agreed date should result in the allowance being suspended until such statement is received. The allowance may be reinstated at the Service Manager's discretion.

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