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3.2.5 Residence Orders

SCOPE OF THIS CHAPTER

This is a new chapter for October 2011

Also see: Flowchart for Residence Orders (To Follow)


Contents

  1. Introduction
  2. Residence Order Allowances


1. Introduction

A Residence Order is a Court Order made under Section 8 of the Children Act 1989. This gives Parental Responsibility to the person in whose favour it is made. Residence Orders made on or after 30 December 2005 can last until the child is 18 unless discharged earlier by the Court or by the making of a Care Order. Prior to that, Residence Orders usually lasted until the child was 16 unless there were exceptional circumstances.

A Residence Order may be used to increase the degree of legal permanence in a placement with relatives or friends.

Where a Looked After Child would otherwise have to be placed with strangers, a placement with extended family may be identified as a preferred option and the carers may be encouraged and supported to apply for a Residence Order where this will be in the best interests of the child.

The holder of a Residence Order does not have the right to consent to the child's adoption nor to appoint a guardian. In addition, he/she may not change the child's name nor arrange for the child's emigration without the consent of all those with Parental Responsibility or by securing the leave of the Court.

The following people may apply for a Residence Order:

  • A Parent or guardian.
  • A step parent or the civil partner of a parent, who has acquired Parental Responsibility under Section 4A of the Children Act 1989.
  • A party to a marriage (whether the marriage is subsisting or not) or civil partner in a civil partnership (whether subsisting or not) where the child was brought up as a child of the family.
  • A person with whom the child has lived for 3 years. (This need not be continuous but must not have started more than 5 years before or ended more than 3 months before the making of the application.)
  • A local authority foster carer with whom the child has lived for 1 year.
  • A relative of the child if the child has lived with them for a period of at least one year immediately preceding the application.
  • Where a Residence Order is already in force, a person who has the consent of those in whose favour the Residence Order was made
  • Where the child is Looked After, a person with the consent of the relevant Local Authority.
  • In any other case, a person who has the consent of all those with Parental Responsibility.

Anyone-else who wishes to apply, including the child, must apply to the Court for leave to make the application for a Residence Order.

A Residence Order has the following advantages:

  1. It gives Parental Responsibility to the carer whilst maintaining the Parents' Parental Responsibility
  2. There need be no Social Worker involvement, unless this is identified as necessary.
  3. The child will not be Looked After and there is less stigma, therefore, attached to the placement.
  4. Any contact is likely to be agreed and if considered necessary by the Court, set out in a Contact Order.


2. Residence Order Allowances


Background

A Local Authority may pay a weekly allowance to a person in whose favour a Residence Order has been made for the maintenance of the relevant child or children.

This is subject to means testing and annual review, carried out within the same framework as for Adoption and Special Guardianship.

Financial assistance form Local Authorities must not duplicate financial support available through benefits and tax credit systems.


Criteria

Residence Order Allowances may be considered in the following circumstances:

  1. Where the social work team has had an active and significant role in the child's welfare.
  2. Where the child's parents are prevented from looking after the child
  3. Where a Children's Plan is in place which identifies that a Residence Order supported by a Residence Order Allowance is the most suitable way to ensure the child's welfare and maintain contact with his or her family; or
  4. Where the child is Looked After and the child's Care Plan identifies that it is in the child's best interests for his or her carers to obtain a Residence Order.

Residence Order Allowances will only be paid to a person in whose favour a Residence Order has been made, except where this is a parent, up to the child's 18th birthday.


The Process

It is important that the following process is completed prior to the Court hearing of the carers' application for a Residence Order.  Carers must be informed in advance of the hearing of the level of Residence Order Allowance to be paid and the Court should be informed of the decision also.

Where the Local Authority is involved in Court proceedings that result in a Residence Order being made, the child's social worker must consider whether the criteria for payment of a Residence Order Allowances apply and advise the carer of the right to make an application.

The decision to pay a Residence Order Allowance must be informed by one of the following:

  • A Core Assessment
  • The child's Looked After Review
  • The child's Care Plan
  • A request by a person holding a Residence Order

A decision to pay a Residence Order Allowance will be made by the Designated Manager (Service Manager FSI) following a financial assessment.


Financial Assessment

If a Residence Order is granted, the Finance Process Team will send the carer a Financial Assessment Form for completion and return, accompanied by supporting documentation. 

The means test is carried out by the Finance Process Officer in the Business Management, Fostering and Placements and Procurement Service.

The Designated Senior Manager will confirm the amount of the Residence Order Allowance in writing to the carers once the financial assessment is complete.


Reviews of the Allowance

When a child is placed with a carer on a Residence Order and the carer is entitled to financial assistance, the child will have a Child in Need Plan in place. 

Residence Order Allowances will be reviewed annually by the Finance Process Team. A financial assessment pack will be sent to the carer which should consist of a guidance letter; explanatory notes, assessment document and BACS Form.

Once all documentation is returned, the Finance Process Officer  will enter details on to the means testing spreadsheet, which  calculates any entitlement.

An agreement letter will be sent out or a letter which explains why they are not entitled.

Residence Order allowances are paid according to the age of the child and are organised into 5 age bands: 0 - 2, 3 - 4, 5 - 10, 11 - 15 and 16-17.

Should a child change age bands  during the period in-between annual reviews the level of allowance will be adjusted.


Role of the Social Worker

The child will have an allocated social worker from the Fostering Assessment and Kinship Team. This social worker will visit the child and the carers at least annually in order to review the arrangements for the child's care and the appropriateness of continuing with the payment of the Allowance.

The allocated social worker will record the Child in Need Review and update the Plan in ICS.

Reviews may take place more frequently where there has been a significant change in the child's circumstances or where the circumstances otherwise require it.

End