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Contents

1. Best Interests
2. Practical Support
3. Financial Support

1. Best Interests

Best interests

First and foremost the best interests of the child.

In cases involving permanence outside the family:

• Is it a case where the child needs to be legally a child of the substitute family?
• Does the child have existing and perhaps ongoing relationships with the natural family that militate against a legal severance from the natural family?

In cases involving permanence within the family:

• Will Section 8 Orders be enough?
• Will Section 8 be enough if supported by a Section 91(14) Order?

2. Practical Support

Often the child will have ongoing needs, which will need to be addressed, perhaps over many years. Equally, the need for perhaps therapeutic assistance may not arise until the child is older.

3. Financial Support

Taking on children can have significant financial implications.

• Children cost money!
• The child’s move may require establishment costs; beds, equipment and the like (in one case, cash was requested to buy a shed to store the child’s bicycle!)
• The child may bring an obligation to meet expenditure such as medical trips distant from the new home or in respect of contact
• An adult may need to reduce hours or even give up work to take a child on
• These practical and financial support services are potentially provided under at least FOUR different regimes
• Adoption Support Services including Adoption Support – see Adoption Support Procedure.
• Support for Foster Carers including fostering allowances
• Special Guardianship Support Services including financial support – see Applications for Special Guardianship Procedure
• Such support as is forthcoming from the Local Authority under a Residence Order including a Residence Allowance – see Residence Order Policy and Procedures.

While not all of these regimes might be open, the financial issue demands careful consideration. 

In family placement you need to be aware also of:

• R (on the Application of L and Others) – v Manchester City Council (2001) EWHC Admin 707 (2002) 1 FLR 43
• LB of Southwark-v-D (2007) EWCA Civ 182

and of the possibility of Judicial Review of Local Authorities. In addition, family support services are crucial and you will need to look carefully at each regime available to your client.

Note that the initiative will usually have to come from the advocate for the potential carer who will not wish to appear as though money is the issue for them.

End