Contact: Pam Robinson Tel: 01962 847991 email: [email protected]
Contact: Sue Kocaman Tel: 01962 847263 email: [email protected]

1 Summary

1.1 The following decision is sought:

That the Executive Member for Children's Services approves the policy which would enable the Children's Services Department fund or contribute to the funding of adaptations or extensions in order to support arrangements for children in care. This would enable children to be offered permanent homes by way of fostering, adoption. kinship care, Special Guardianship or Residence Orders, and where those permanent arrangements would not be possible without the adaptation or extension.

2 Reason

2.1 This decision supports the following Hampshire County Council priority:

"Making Hampshire safer and more secure for all" - by enabling some of our most vulnerable children to lead positive lives, cared for by a stable and permanent family.

"Maximising well-being" - by enabling children to experience a good quality of family life so that they can achieve their maximum potential.

2.2 The decision supports the following Aims of the Children Act:

This decision will enable more children to live in a stable placement and to experience fewer placement moves. With a good start in life, children are more likely to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well being as adults. Other Options considered and rejected:

Taking no action would deny some children the opportunity to experience a stable family life because of limitations on accommodation. Requiring carers to fund extensions and adaptations themselves is not an option for all carers, due to individual financial circumstances.

3 Other Options considered and rejected:

3.1 None.

4 Conflicts of Interest declared by the decision maker or other Executive Member consulted

4.1 None.

5 Dispensation granted by the Standards Committee -

5.1 None.

6 Reason(s) for the matter being dealt with if urgent -

6.1 Not applicable.

Approved by: Date:

........................................

Councillor Felicity Hindson MBE

Executive Lead Member for Children's Services

Contact: Pam Robinson Tel: 01962 847991 email: [email protected]
Contact: Sue Kocaman Tel: 01962 847263 email: [email protected]

1 Summary

1.1 This report outlines arrangements which have been made to ensure that children in care are given every opportunity to achieve permanence. It describes circumstances in which children might otherwise have to move from one placement to another more often than necessary, or be separated from a sibling, or be unable to stay with a relative who might otherwise be able to care for them.

1.2 The Children's Services Department already has a wide range of support services available to enable children who are unable to live safely with their parents, to be cared for with extended family, with foster carers, or with adoptive families under a variety of different legal arrangements.

1.3 The Department recognises that there are circumstances in which the physical limitations of accommodation available to a carer, might prove a barrier to a child remaining in that family. In such cases the Department has occasionally made arrangements to fund an adaptation or extension to the family home.

1.4 Such decisions are not taken frequently, but the ability to take such decisions within a formal and transparent framework leads to greater openness and ensures that the needs of the child are central to the decision.

1.5 The report describes the procedure and financial arrangements which have now been put in place to ensure that where such arrangements are agreed, they are carried out equitably, safely, and with value for money in mind.

2 Background

2.1 There are 1,076 children in the care of the County Council, 828 of whom live in families. 754 of these children have been looked after for 6 months or more, and both the Adoption and Children Act 2002, and good practice would expect this group of children to be living in or have plans to be living in their permanent home by this stage. The Children's Services Department would expect few children to spend the majority of their childhood in residential care, and its policies and procedures are increasingly supporting arrangements which will enable children to live with families.

2.2 Permanent care arrangements for children can be achieved either by their leaving the public care system by way of adoption, Special Guardianship, Residence order or kinship care arrangements, or by their remaining in the care system with a permanent formally identified foster carer.

2.3 There are legal requirements on local authorities to assess the support which children and their new families need either in order for a permanent placement to be made, or at a later stage in order to maintain that placement. Whilst support may be emotional or practical, it can also be material or financial.. This is particularly the case where a relative or friend of a child steps in to offer a permanent home under kinship care or family and friends fostering arrangements. Such arrangements are often unplanned and unexpected, whereas county foster carers and adopters have generally reached a stage in life where they decide to foster or adopt and have the accommodation and financial resources to do so.

2.4 Where a sibling group need to be placed together, or where a child has disabilities which affect their mobility, a family may be identified who have the skills and emotional capacity to offer a placement, but do not have the size or type of accommodation to look after that child.

2.5 Almost all families who care for children on a permanent basis receive some financial support at some time in the child's life. This may be a weekly allowance or possibly a one off payment to defray initial expenses.

2.6 In recent years there have been a growing number of circumstances where physical changes to a property have enabled a child to achieve permanence with a family. Examples are:

2.7 A child with disabilities was placed with a foster carer for a short period of care until a long term placement could be identified. The foster carer offered to continue caring for the child after a period of years had passed in which a suitable family could not be identified. When the child was first placed, he was small enough to be physically carried upstairs to his bedroom, but if he was to remain in placement until adulthood, a bedroom and bathroom had to be provided on the ground floor, and the family living area extended. A Disabled Facilities Grant part funded the cost of this work ( for which the foster carer had to be financially assessed) but the cost of the work was in excess of the grant, so the balance was provided by the Children's Services Department. The young man is now 16yrs old and remains in this placement.

2.8 Two siblings were placed with a grandparent who was approved as a foster carer in order to care for the children when their mother, who was a drug addict, was unable to care for them safely. The children shared a bedroom in the grandparents' house for 3 years, until the two ( a brother and sister) reached an age where they required a bedroom each. The Children's Services Department funded the installation of a partition wall in the larger of the 2 bedrooms, creating a third bedroom which the grandparent- e pensioner- was unable to fund alone. This has enabled the children to have appropriate accommodation and to remain with their grandparent for as long as necessary

2.9 Three siblings were orphaned and a fourth, older sibling offered a home under the kinship care scheme. The older sister was a young woman owning her first home which was not spacious. The Children's Services Department funded an extension to the family home to enable the 3 children to be placed with their sister.

2.10 An adoptive family were approved to adopt 3 siblings. One year later a full sibling was born who was made the subject of a Care Order and removed for his own safety and welfare. The adoptive parents were approached and agreed that, in order for the baby to be able to grow up with his full siblings, they would adopt the baby too. However , they did not have enough room for a fourth child. The Children's Services Department part- funded an extension to the family home, with the adopters meeting some of the cost themselves as they took the opportunity to build a large play room for the children at the same time.

2.11 Each of these examples have been dealt with on a case by case basis, with legal advice regarding Deeds of Charge on properties, and financial advice, as well as technical advice and support from the Property, Buildings and Regulatory Department, being sought on individual cases.

2.12 It became evident that at the same time as such arrangements were leading to better outcomes for children, there were also financial benefits in many cases. The cost of making structural changes to a property, was often less than the cost of finding a new placement for a child with special needs, or a sibling group.

2.13 Draft procedures were drawn up which enabled staff to be confident in considering the circumstances in which such arrangements might be considered, and also meant that there was transparency for carers and prospective carers, about the financial help available to support children in care to achieve permanence and stability. These draft procedures are attached at Appendix A

2.14 The draft procedure has also meant that all arrangements are underpinned by technical advice and support which means that work is carried out to a high standard, and that the financial resources of the County Council are protected by legal agreement, but there is flexibility and security for carers in case their circumstances or the circumstances of the child should change over time.

2.15 The proposals in this report are expected to maximise the well being of children and contribute to their feeling of safety and security, in support of the County Council's corporate priorities.

2.16 It also supports all five outcomes of the Children Act by enabling more children to live in a stable placement and to experience fewer placement moves. With a good start in life, children are more likely to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well being as adults.

3 Consultation

3.1 Consultation with foster carers, adopters and other carers affected by the policy has taken place. In addition the contributions and views of Occupational Therapists, Treasurer's Department and the Property , Buildings and Regulatory Department have also been sought.

4 Legal implications

Section 59 of the Children Act 2004 gives local authorities wide powers to provide financial assistance for the promotion of welfare of children and their parents and for the provision of support for parenting.

5 Financial implications

5.1 Financial provision in the form of a budget of £300.000 has recently been identified within the Children's Services capital programme to support future arrangements. Cases will continue to be assessed according to the needs of each child. In cases where expenditure exceeds £50,000 specific approval will be sought from the Executive member for Children's Services.

5.2 Disabled Facilities Grants continue to make a contribution to costs in cases where a child meets the criteria, and carers are no longer financially assessed, which is an improvement on the previous requirement.

5.3 The development of this procedure and an identified budget, supports the Children's Services Department's commitment to ensuring that foster carers and other families who care for children in care, are offered financial support in line with the Department for Education and Skills Good Practice Guidance published in July 2006.

6 Personnel implications

6.1 None

7 Impact assessment

7.1 Race and equality impact assessment has been considered in the development of this report and no adverse impact has been identified.

8 Crime prevention issues

8.1 There is no identifiable impact on crime prevention contained in these proposals

9 Views of the Local County Councillor

10.1 The proposals in this report affect children and carers across all Electoral Divisions, therefore specific consultation has not been carried out.

Recommendations

1 It is recommended that the draft procedure, underpinned by a newly identified budget, be approved as a formal policy of the Children's Service Department, as part of an increasing range of financial and material supports which enable children in the care of Hampshire County Council to live in stable families and in good quality appropriate accommodation

Action 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

NB: the list excludes

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

List documents here or type `none'.

Appendix A

PURPOSE

1) To ensure that children with disabilities who are looked after by the Local Authority are enabled to be placed with families on a permanent basis by way of fostering, adoption, kinship, Residence Order or Special Guardianship by providing aids and adaptations to those carers' homes.

2) To enable children who are part of a sibling group and who need permanent placements away from home to be placed together in foster care, or to be removed from the care of the Local Authority to achieve a permanent placement by way of kinship care, Residence Order, Special Guardianship or Adoption Order, where placement together would not otherwise be possible.

3) To enable children with a specific identified need to achieve permanence in a family as in 2) above by providing aids or adaptations to that family home, without which the child would not be able to be placed with that family.

4) To enable children with disabilities to access the Family Link Scheme on a shared care basis by the provision of aids or adaptations to the carer's home thereby supporting that child in their own family.

SCOPE

This procedure relates to any Looked After Child whose assessed need is for a placement in a family home, and where that family home has been approved as a Hampshire Foster Carer, or where the child ceases to become looked after by becoming permanently cared for by way of adoption, or kinship care, or Residence Order or Special Guardianship, where the care arrangement is approved and supported by the Local Authority.

This procedure also relates to any child who is participating in the Family Link Scheme.

This procedure also relates to Major and Minor Works - for the purposes of this Procedure a major work is defined as one which costs over £15,000. (Major works as defined by Disabled Facilities Grant is any work over £500 A full tendering programme would not necessarily be required for works falling into this category.)

POLICY

It is the policy of the Children's Services Department to ensure that children for whom placement away from home is the plan, or is likely to be the plan, are placed with a family who is most likely to meet their needs throughout their childhood and that this is balanced against the need of a child to be securely attached to their primary carer. Children should experience a minimum number of placement changes.

REFERENCES TO LEGAL, CENTRAL GOVERNMENT AND OTHER EXTERNAL DOCUMENTS

Children Act 1989

Adoption and Children Act 2002

Children Act 2004

Adoption Support Services Regulations 2005

Fostering Regulations 2002

Disability Discrimination Act 1995

HAMPSHIRE COUNTY COUNCIL AND CHILDREN'S SERVICES DEPARTMENT REFERENCES

Adoption Policy and Procedure : 2006-2009

Residence Orders and Residence Order Allowance Procedure 13/05

Kinship Care procedure 12/04

Foster Carers Adopting Children in their Care Procedure 14/05

Hampshire County Council Standing Orders & Financial Regulations

DEFINITIONS

A Child in Care is a child who is in the care of the Local Authority under S20 or S31 of the Children Act 1989, or a child who receives regular respite care through the Family Link Scheme under Section 20 of the Children Act 1989.

Major Works are any works exceeding £15,000 large scale alterations, improvements, extensions, loft conversions, garage conversions that require full scale contract documents, drawings (if applicable) and formal sealed tender bids i.e.

· Loft conversion

· Extensions - single and two storey

· Reconfiguration of internal accommodation

This is not an exhaustive list and any queries should be made to PB&R.

Major Works as defined by DFG and therefore for the purposes of OTs in the Children's Services Department are works in excess of £500. A full tendering programme would not necessarily be required for works falling into this category.

Minor Works are small scale alterations, improvement or adaptation typical value of less than £15,000. i.e.

· Upgrade existing bathroom/shower room to accommodate moving and handling equipment

· Installation of a stair lift

· External ramps

· Door widening

This is not an exhaustive list and any queries should be made to PB&R

See para 4.8 for details of process to be undertaken in respect of Major and Minor Works.

10 ROLES

The child's social worker should ensure that the assessed needs of the child are made available to the relevant family placement team or County adoption team.

The Fostering Panel or Adoption Panel should ensure that in the case of a child being placed for permanence, the permanence plan and linking report provide clear evidence as to how the child's needs will best be met in the proposed placement.

In kinship or Residence Order cases, the Operational Service manager for the child should formally approve that arrangements for the child's care will meet the child's needs, and discuss with the Operational Service Manager ( Family Placement) where the carers are current foster carers for the Department.

The Operational Service Manager (Family Placement) may approve any proposal to provide equipment or fund any adaptation to a foster carer's home or Family Link Carer who is approved under the Family Link scheme. The Operational Service Manager must be given clear written evidence of the Family Link carer's ability to meet the needs of a specific child or children, enabling that child or children's primary placement to be maintained.

The OT should ensure that any proposed adaptations are suitable and sufficient to meet the assessed needs of the disabled child, and that any proposed work is necessary and appropriate to ensure future needs will be met . The team manager for the child should ensure that an OT assessment is requested from an OT employed by Hampshire County Council in any case where an adaptation is being considered.

The Independent Reviewing Officer should also check that such an assessment has been requested at a Statutory Review of a child who has disabilities.

The Permanence Service Manager must be alerted to the need or significant expenditure related to the placement. Plan approved at Panel following agreement by the County Manager

The Family Placement or Adoption Team social workers should ensure that no work is undertaken or financial commitment given without the agreement of the relevant manager supported by advice from the Occupational Therapy service ( where appropriate), Property, Buildings and Regulatory Services and the Legal Department.

The Legal Practice should be instructed to draft a legal agreement confirming what has been agreed between the parties. Each party to the agreement should have the opportunity to take independent legal advice before the agreement is completed. The agreement must be signed by all the relevant parties.

Children's Services Capital Resources Team will need to be made aware and prepare a report to Members notifying them of expenditure incurred.

AUTHORITY TO VARY THE PROCEDURE

The Deputy Director (Children's Services)

PROCEDURE

This document is arranged in the following sections:

1 Principles

2 Resource considerations

3 Identifying the child's needs

4 Matching the child to a prospective carer

5 Provision of aids/equipment

6 Adaptations to the carers home

7 Financial considerations

8 Performance Standards

1.0 PRINCIPLES

1.1 The child's assessed needs should be the primary factor in considering which family can best meet his/her needs, and the child's wishes and feelings should be taken into account.

1.2 Children should wherever possible be enabled to live in a family based setting for the duration of their childhood.

1.3 Children should, wherever possible be enabled to live with their siblings.

2.0 RESOURCE CONSIDERATION

2.1 Any agreement to expenditure whether in principle or otherwise should be commensurate with the Scheme of Delegation and County Council Standing Orders.

2.2 Before any financial commitment is made the placement of the child and the degree to which the child's needs will be met in such a placement will have to be balanced against the possible cost of any adaptations.

2.3 The provision of some resources e.g. equipment or aids may be dependent on another agency , such as the Borough Council, the Health Authority etc.

2.4 Where the carer or prospective carer is approved and supported by another agency ( either another local authority or an independent agency) that agency must be party to the discussion at an early stage. The agreement in principle, to the continued placement of a child in an Independent Fostering placement, will have to be obtained prior to any commitment for the funding of any adaptation or equipment.

3.0 IDENTIFYING THE CHILD'S NEEDS

3.1 Specific named children needing a long term family placement

3.1.1 Where a child's care plan has been identified as long term, permanent placement away from it's birth parent the plan should be approved by the Fostering Panel or the Adoption Panel or the Operational Service Manager for the child as required by the relevant procedure.

3.1.2 Where a family is identified as being able to meeting the child's social, educational and emotional needs, but there is a physical barrier due to the structure, size or accessibility of the family home, consideration should be given to the feasibility of adapting that home.

3.2 General adaptations to Carers' Homes where no specific child is identified

3.2.1 Where a prospective or approved foster carer has the identified skills to meet the needs of a child or children who are in the care of the local authority and who have identified special needs the local authority may assist in the provision of adaptations to the family home.

3.2.2 This arrangement may be made in order to benefit children who are living with their own families but who need regular family based respite care under the Family Link Scheme.

3.2.3 The arrangement could also be made in order to benefit children who need emergency or short term foster care.

3.3 The provision of equipment or funding of adaptations to foster carers approved under the Family Link scheme for either a specific child or to provide a general resource

3.3.1 The Operational Service manager ( Family Placement) may approve any proposal to provide equipment or fund any adaptation to any foster carer who is approved under the Family Link scheme.

3.3.2 A report should be provided to the Service manager, containing clear evidence of the Family Link carer's ability to meet the needs of a specific child or children, enabling that child or children's primary placement to be maintained.

4.0 DECISION MAKING PROCESS

4.1 Once the care plan has been approved the usual procedure should be followed to identify a family who can meet the child's needs, or to confirm through the relevant panel, that an existing carer is able to meet a child or children's needs.

4.2 Where a child has disabilities the OT should take the lead in assessing the child's needs and how they will be met within the physical environment of the proposed carer's home. Even in cases where an OT is working with a child from another agency such as Health or school, the OT employed by Hampshire County Council must carry out the assessment which will underpin any adaptation particularly if an application for Disabled Facilities Grant is required. A referral should be made through OT Direct.

4.2 If the child's social worker and the relevant family placement social worker identify that an adaptation to the prospective ( or current) carer's home is likely to be required the Team Manager should be notified and the Operational Service Manager for the child should convene a meeting involving the following people:

· Appropriate technical consultant to be appointed by Children's Services from the nominated approved list provided by Property, Business & Regulatory Services.

· Child's social worker and team manager

· Family placement social worker and team manager

· OT for the child (where the child has disabilities) - the OT may be from Adult or Children's Services or from Health. The child may not be known to Children's Services but be very well known to the Health Service. Children's Services must become involved if major works or a DFG are required.

· Appropriate finance representative (General Finance Manager)

· Representative from legal services with knowledge of this type of contract

· A representative from the relevant housing authority in cases where the property to be adapted is owned by them.

· A representative from the other local authority or independent agency, if the carer or proposed carer is not approved and supported by Hampshire's adoption or fostering service.

· PCT representative if appropriate

· Education rep. to assure school and educational needs can be met in the vicinity to the home

In addition the following people should be notified

· County Manager Children (Operational)

· Property Business & Regulatory (PB&R) department of Hampshire County Council

· Operational Service manager for Adoption or Fostering

· District/Borough Council Representative (where the child has disabilities)

· Capital Resources Team - Children's Services

4.3 The purpose of the meeting is to agree the nature of the proposed adaptation, to map out the contractual agreement between the County Council and the foster/adoptive family, to ensure that the process is understood and to agree who will explain this to the foster/adoptive family, and to estimate the likely cost and timescale of the project.

4.4 At this meeting two key people will be identified- the child's social worker (where the child does not have a disability) and the technical consultant adviser or the OT (where the child has a disability) and the technical consultant adviser. It is important that the technical consultant is one of the two key people taking the lead and progressing the project and inviting the necessary people to future meetings.

4.5 The OT will advise the carer on applying for Disabled Facilities Grant where this is applicable.

4.6 Where a child with disabilities needs equipment to be provided in addition to adaptations to a building the OT should ensure that such equipment is ordered to be available at the appropriate time.

4.7 The cost of such equipment including the ongoing cost of maintenance should be part of the overall assessed cost, and will have to be met from the child's team budget.

4.8 IN ALL CASES WHERE WORK EXCEEDS £15,000 THE FOLLOWING PROCESS MUST NOW BE FOLLOWED

MAJOR WORKS

It is important that the following process is followed. Failure to do so may contravene County Council Standing Orders and Financial Regulations which are in place to protect individual employees.

4.9 The consultant appointed via Property, Buildings and Regulatory, will visit the prospective carers with the child's social worker or family placement social worker/adoption social worker and make an initial survey to advise on the feasibility of the proposals and the estimated cost. In cases where a child has a disability the OT should be present at this point.

4.10 A detailed brief will be prepared by the consultant based on the discussions and needs identified for the scheme. The consultant will provide information about estimated costs, planning/building control issues, structural implications etc. Note that the consultant's fees will form part of these costs - they are 15% of the total cost of the scheme. E.g. if the building/adaptations will cost £10,000 the consultant's costs will be £1,500.

4.11 Once the initial survey and brief has confirmed that the proposed adaptations are feasible the Service Manager for the child should notify the County Manager to ensure that permission to fund the project is still current. This will include the most up to date information on the likely cost. Confirmation to proceed will be required from Children's Services (budget holder) before the consultant will undertake any further work.

4.12 The consultant will prepare the necessary documentation for the scheme, including contract documents. This may include appointing the services of a structural engineer, mechanical & electrical engineer and preparing H&S documentation as required.

4.13 The consultant will undertake the process of seeking tenders for the work. Depending on the size of the contract the tender application period may take between 3 - 6 weeks. The selection of contractors invited to tender will only be made from the approved County Council list. Cost, quality and timescales are factors which can be taken into account in selecting the successful contractor.

Capital Resources - Children's Services to present report to Members

4.14 The tender analysis will be undertaken by the consultant and recommendation for the contractor to be appointed will be made to the Children's Services appropriate manager as indicated. Children's Services will confirm funding and a letter of intent will be issued by the consultant or legal services for the contractor to proceed.

4.15 The consultant will provide the contract administration including site management, liaison, pre-start meeting, progress meetings etc. and will also carry out valuations and issue certificates for payment to Children's Services.

4.16 Scheme completion snagging and handover by the consultant will include supply of relevant operation and maintenance manuals - 1 copy to householder; 1 copy to PB&R.

4.17 Agreement of final account will take place by consultant and contractor.

4.18 There is a defects liability period of usually six months - this is in effect a guarantee period.

4.19 At the end of the defects liability period the consultant will carry out a final check and arrange for any relevant repairs to be carried out prior to issue of Certificate of Completion of making good defects by the consultant.

MINOR WORKS - under £15,000

4.20 For minor works a descriptive scope of the works will be required rather than a full scale specification.

4.21 For Minor works the consultant will seek quotes from contractors identified on the PB&R approved list, rather than seeking formal tenders.

5.0 LEGAL ADVICE

5.1 The Legal Practice will draft a legal agreement setting out all parties rights and responsibilities in relation to the grant or loan. Legal Services will work closely with Financial Services Unit to ensure that County Council Finance Standards are adhered to. In all cases the carer or prospective carer will be required to sign an agreement which outlines the purpose of the grant or loan and the conditions under which all or part of that money will have to be repaid.

5.2 In all cases where a property is owned by the carer a Deed of Charge will be made against the property to underwrite the terms of the loan. The purpose of the Deed of Charge is to ensure that in the event of the placement not proceeding or ending prematurely the loan or a proportional percentage of the loan can be recouped.

5.3 Carers will be expected to provide information and documentation about any co-owners persons with rights of occupation and any charges against the property before any grant or loan from the County Council can be made.

6. CARRYING OUT THE WORK

6.1 Once all agreements have been reached building work should proceed as quickly as possible. PB&R will oversee or commission someone to oversee the completion of the work. Where the child has disabilities this person will work closely with the OT.

6.2 Once the work is completed money for the adaptations should be paid by PB&R through its external purchasing orders. The corresponding amount should be vired from the agreed budget to PB&R to cover costs.

6.3 The cost of aids or equipment should be paid directly from the relevant equipment budget.

7. PERFORMANCE STANDARDS

7.1 This procedure is to be reviewed annually to ensure that it is compatible with other procedures and takes into account any changes in legislation.

7.2 The review is the responsibility of Strategic Service manager ( Family Placements).