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CHAPTER 6: FAMILY AND FRIEND CARERS - "KINSHIP CARERS"
Kinship care is the term used to describe circumstances where the main full-time care arrangement is provided by a member of the child's extended family or a family friend. There are many similarities in the issues facing foster carers and kinship carers, although there are also some specific differences such as assessment and financial allowances. As with foster carers, the Executive is keen for the role and contribution of kinship carers to be valued and acknowledged, to ensure that support mechanisms are in place and to ensure there are no unnecessary barriers to prevent kinship care when this is the first choice for placement.
6.1 SUPPORT FOR KINSHIP CARERS
6.1.1 The consultation posed 2 questions on this subject. Only the events for kinship carers covered these questions.
Question 15. Do you consider that further changes to the law are required to support the position of kinship carers (for example, in relation to assessment and payments)?
Chart 6.1 Whether further changes to the law are required to support the position of kinship carers (n=111)
6.1.2 Comments on the need for kinship carers to be supported financially featured in 49 responses and in 3 of the kinship carer event reports with 5 consultees, mainly carers, commenting that kinship carers should receive payments to cover extra expenditure. This was the main point made by kinship carer consultees and was one of the top recommendations from voluntary /charity organisations and local authorities. One kinship carer pointed out "Non 'looked after children' in kinship care, ARE looked after children and for recognition of this payments should reflect that kinship carers are valued. Payments would allow us to care for the children adequately, and give them a standard of living they deserve, in turn supporting kinship carers to do the caring properly instead of struggling." Seven consultees pointed out that many kinship carers are living on pensions or low incomes and this was also highlighted at one kinship carer event.
6.1.3 Fees and allowances for kinship carers should, according to 14 consultees, be commensurate with those of foster carers; 2 of the events for kinship carers also raised this point. A response from a carer's group included the following points "Kinship carers should be able to get legal aid (Total Costs) if necessary to gain a legal order to safeguard the child. Information on understanding legalities and the consequences of legal outcomes should be freely available for Kinship Carers." Eight consultees and attendees at 2 kinship events wanted to see help provided for legal costs incurred in securing care.
6.1.4 While 3 consultees and, again, attendees at 2 kinship events acknowledged that extra financial provision for kinship carers would lead to resource issues for funding any changes, 6 consultees pointed out that if the child or young person went into the care system it would cost money to provide their care and this point was again raised by attendees at 2 kinship events.
6.1.5 Clarification of the status of kinship carers, was requested by 25 consultees, including 13 local authorities, and by attendees at 2 kinship and one of the worker events. This, they felt, should take the form of national guidance and should also apply to associated assessments, rights and benefits. A standard definition of kinship care was also requested. Four consultees wanted to see an independent working group tasked with surveying issues surrounding kinship care. A response from a local authority highlighted current anomalies:
"It would be really helpful if the currently odd confusing situation where kinship carers caring for children looked after under Sections 25 or 86 have to be approved foster carers, whereas those caring for children looked after under Section 70 only have to be subjected to the most cursory checks was amended."
6.1.6 Twenty-one consultees thought that payments for kinship carers should be addressed through the benefits system with central, rather than local, funding. These consultees were mainly local authorities, kinship carers did not comment on this subject.
6.1.7 Ten consultees voiced support for the recommendations made by Aldgate and McIntosh and there were comments that it was surprising that the consultation document had not referred to this work. "We concur with the recommendations from Looking After the Family - A study of children looked after in kinship care in Scotland, J.Aldgate & M.McIntosh, 2006 and consider that these provide a comprehensive response to this question." (local authority). While many responses contained general suggestions, the response from the BAAF covered many of the issues raised in response to question 15 in depth. These were included, as an appendix, in a policy response to the Care Matters Green Paper which contained the following key recommendations in respect of children in kinship care situations:
- "To enable more children who cannot live with their parents to be raised by relatives.
- To recognise children being raised in family and friends care, as a unique group of children in need, requiring tailored policies and provision of support services at national and local level, including a ministerially led taskforce to drive forward this development.
- Assessment procedures that recognise the uniqueness of family and friends care and ensure that placements suit the needs of each individual child, enabling them to feel safe, loved and secure.
- That family and friends are able to get legal aid to secure as necessary a legal order to safeguard a child.
- That family and friends carers aren't driven into financial hardship but are entitled to emergency financial support and a national financial allowance if they are caring for a child for over 28 days.
- That all authorities provide support services for children and their families, including assistance with contact.
- That children being raised by relatives and friends, are recognised as children in need, and thus entitled to an assessment by the local authority of their specific needs."
6.1.8 In addition, the Fostering Network reported that " A working party comprising the Fostering Network and the Association of Directors of Social Work produced a report on the future of kinship care in Scotland in 2003, (Family and Friends as Carers)." This report was included as an appendix to their submission. They also voiced support for the findings of a report from the Social Work Inspection Agency and said "We would strongly endorse the policy and practice implications identified in the SWIA report and the need for them to be addressed quickly."
6.1.9 On the subject of assessment for kinship placements, 29 consultees, along with attendees at 2 kinship events, felt kinship carers should go through an assessment process, there were requests for guidance on specific assessments for kinship carers. This was a key issue for local authorities and voluntary / charity organisations.
"For these placements that are 'brokered' by councils ( e.g. as part of a child protection investigation or via Family Group Conferencing), or that otherwise occur in circumstances requiring intervention, an assessment is essential. Kinship carers need to be prepared for the task and have some opportunity to explore the issues that may arise from their parenting their grandchildren/other relatives. etc. They need to consider how they will cope with what may be acrimonious parental contact. Assessment will also identify those kinship carers who may be unsuitable to care for children." (professional body)
6.1.10 Twenty-four consultees saw kinship carers as needing access to the same support and training provided to foster carers, attendees at 2 kinship events made similar comments, although this did not feature strongly in consultation responses from kinship carers. In addition, specific training would be needed for social workers to provide support to kinship carers. "The paper does not mention training for social workers and others on supporting children and carers in kinship placements, but we highlight that this should be an essential element of the National Strategy." (childcare charity). Two consultees commented that needs can vary significantly from case to case and that flexibility is needed in providing appropriate support.
6.1.11 There were reports of differing practices across different local authorities and 13 consultees wanted to see consistency across all areas or services. This point was made at 3 of the kinship carer events with a comment that "local authority discretion re allowances is not fair and equitable."
6.1.12 Ten consultees commented that kinship care should be treated differently to foster care while receiving adequate provision and there were 2 comments that foster care and kinship care should be dealt with in separate strategies.
6.1.13 At the kinship carer events there were many comments on the fact that kinship situations are often the result of addicted parents and that kinship carers should, therefore have immediate access to specialist services such as psychologists, in order to help the children and young people in their care. One carer commented "The law must be changed, particularly where our grandchildren are damaged profoundly by their parents' addictions. There is no priority with regards to psychologists to facilitate the needs of our children. It is a constant battle to get support".
Question 16. The consultation paper covers the following topics in terms of foster care:
- the assessment process to match a child or young person to a carer (see paragraphs 3.6-3.9)
- amendments to existing regulations (paragraphs 3.27 and Annex A)
- proposals for further support measures (paragraphs 4.9-4.16)
On these issues, do you think that there are specific differences or additional points which should be considered for kinship carers? If so then please give details.
6.1.14 There were general comments, from 16 consultees and at 4 events, on the need for kinship carers to receive the same range of support, specifically to include respite and financial support, as foster carers. This was the main comment from kinship carers in relation to question 16. Financial issues were covered at 2 of the events with concerns that any money given to kinship carers could result in them losing other benefits.
6.1.15 Nine consultees commented on the additional emotional needs of kinship carers with eleven consultees, including 10 local authorities, pointing out that foster carers and kinship carers have different needs. There were comments, in three responses, on the fact that kinship carers are often older and may have health problems. At the events there were comments on the particular problems faced with kinship carers as they are usually still in contact with the birth parents with one comment that carers "have to try and protect grandchildren from own children on occasions."
6.1.16 There are inconsistencies in the way different local authorities recognise and support kinship carers and 8 consultees and attendees at 2 kinship carer events asked for conformity or uniformity across areas, although 3 consultees pointed out that while local authorities have discretionary powers in relation to payments to kinship carers, lack of resources can mean that these are not applied. One local authority commented "Differing practices across authorities and a lack of transparency mean that it is difficult for relatives and friends who are caring for looked after children to know what help they can get, for themselves and the children."
6.1.17 There was a feeling, expressed in 8 responses and at one event, that kinship carers are excluded from services and that this should be rectified by government funding and recognition. A carer's group felt that "Local authorities should have a key worker, who would promote good practice in support and access to integrated support within education, mental health and social work for the benefit of the child and the carer. At present Kinship Care is excluded from enhanced services." Eight consultees wanted to see a clear, legislative basis outlining rights and responsibilities; this would include access to training.
6.1.18 The positive benefits of kinship care were highlighted in responses; 6 consultees felt that children develop more positively when raised in kinship, rather than foster, care and kinship carers at one event also made this point. Four consultees felt that kinship care should be given priority, with foster care as a back-up where necessary; one event for kinship carers also produced a similar comment. In addition these consultees felt that the matching process is not necessary, or should be amended, in kinship situations.
6.1.19 On the subject of assessment for kinship carers, seven consultees felt that the process should be more rigorous and/or robust to ensure kinship carers are prepared for the issues and problems they may face. The opposite opinion was expressed by 5 consultees who felt that assessment ought to be less stringent than for non-related foster carers.
"The assessment of kinship carers when children are placed with them on supervision requirements should be more robust. Kinship carers are more wary of social work support than foster carers and often, where the child is well settled, more support is not required. However, they can experience considerable stress and difficulty both from children's behaviours, from difficult contact arrangements and from anxiety concerning the actual or potential loss of the children's parents." (local authority)
6.1.20 There were again positive mentions of the research findings from Aldgate and McIntosh; 3 responses mentioned this work.
6.1.21 The use of IT in kinship support could be problematic; 2 consultees commented that many kinship carers do not have internet access.
6.1.22 At one event for kinship carers there were comments on the fact that kinship carers are not familiar with the terms used in relation to care situations "one kinship carer pushed to take a residence order being unaware of what it was." There were comments at 3 events on the range of support and services that can be offered by social workers and through schools, but there were also comments that kinship carers may be unaware that this is available or how to access support.
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