Children and Young Persons Bill [HL]

I fully endorse all that my noble friend Lady Massey and other noble Lords have said about the important role played by family members, including grandparents, who take care of children who cannot be brought up by their parents. The Bill addresses concerns that some local authorities have considered placement of a child within their extended family to mean that the child is no longer looked after. Clause 7 of the Bill will ensure that if a grandparent or other relative agrees to care for a child at the local authority’s request, this will be a placement under Section 23(2) of the Children Act 1989 and the local authority will continue to be responsible for the accommodation and the maintenance of the child as a looked-after child. All individuals who care for looked-after children must be approved as a local authority foster parent within six weeks of the child being placed with them by the local authority, unless they are a parent of, or someone who has parental responsibility for, the child, or, if the child is the subject of a care order—unless they had a residence order for the child immediately before the care order was made. The requirement to be approved as a foster carer applies equally to related carers and stranger carers. All foster carers should be paid at least the national minimum allowance for foster carers at the rate set by the Government and be eligible to receive any additional fees or allowances paid by the local authority concerned in accordance with the authority’s policies, which should not discriminate against carers who are related to the looked-after child. No foster carer, including those who are grandparents, should be out of pocket because of their foster-caring responsibilities. I am aware that concerns have been expressed about some local authorities that pay foster carers who are grandparents at a lower rate than other foster carers, but as my noble friend Lady Massey said, that is unlawful. The judgment of Mr Justice Munby in the case of R (L and others) v Manchester City Council, R (R and another) v Manchester City Council makes it clear that the criteria applied when determining the appropriate level of support to be paid to a foster carer must not discriminate between stranger and related carers. Case law in this area is, therefore, clear, and the amendment is unnecessary. However, we will address the issue when we revise the Children Act statutory guidance to ensure that all local authorities are aware of their legal responsibilities. In addition, to ensure that all foster carers are aware of the criteria that will be used to assess their support package, the statutory guidance will also place a responsibility on local authorities to publish clear and transparent policies on the support they provide to all relatives who care for children, including those approved as foster carers. I hope that, on that basis, my noble friend will think that we are meeting the concerns that she raised.